HomeMy WebLinkAboutItem V-Oshkosh Zoning CodeDraft #6 July 22, 2016
CITY OF OSHKOSH, WISCONSIN
CHAPTER 30: ZONING ORDINANCE
Article I: Introduction and Definitions ................................................................... 1
Article II: Establishment of Zoning Districts ......................................................... 19
Article III: Land Use Regulations .......................................................................... 75
Article IV: Bulk Regulations ................................................................................ 141
Article V: Nonconforming Situations .................................................................. 147
Article VI: Overlay Zoning Districts .................................................................... 153
Article VII: Performance Standards .................................................................... 225
Article VIII: Exterior Building Design Standards ................................................ 263
Article IX: Landscaping Requirements .............................................................. 283
Article X: Signage ............................................................................................... 313
Article XI: Administration and Procedures .........................................................349
Articles XII-XIII: Reserved ................................................................................. 391
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City of Oshkosh Zoning Ordinance Table of Contents
Section 30-01: Title
Draft #6 i July 22, 2016
TABLE OF CONTENTS
Article I: Introduction and Definitions ................................................................... 1
Section 30-01: Title .................................................................................................................................................................. 1
Section 30-02: Authority ......................................................................................................................................................... 1
Section 30-03: Purpose and Intent ........................................................................................................................................ 1
Section 30-04: Separability and Non-Liability ..................................................................................................................... 1
Section 30-05: Abrogation ...................................................................................................................................................... 1
Section 30-06: Rules of Interpretation ................................................................................................................................. 2
Section 30-07: Jurisdiction ...................................................................................................................................................... 2
Section 30-08: Reserved .......................................................................................................................................................... 2
Section 30-09: Effective Date ................................................................................................................................................ 2
Section 30-10: Applicability .................................................................................................................................................... 3
Sections 30-11 to 30-19: Reserved ........................................................................................................................................ 3
Section 30-20: Word Usage .................................................................................................................................................... 3
Section 30-21: Abbreviations ................................................................................................................................................. 3
Section 30-22: Definitions ...................................................................................................................................................... 4
Sections 30-23 to 30-29: Reserved ...................................................................................................................................... 17
Article II: Establishment of Zoning Districts ......................................................... 19
Section 30-30: Purpose ......................................................................................................................................................... 19
Section 30-31: Standard Zoning Districts .......................................................................................................................... 19
Section 30-32: Map of Standard Zoning Districts............................................................................................................ 20
Section 30-33: Interpretation of Zoning District Boundaries ........................................................................................ 20
Section 30-34: Description and Purpose of Zoning Districts ........................................................................................ 20
Section 30-35: (RH-35) Rural Holding Zoning District .................................................................................................. 21
Section 30-36: (SR-2) Single Family Residential–2 Zoning District .............................................................................. 24
Section 30-37: (SR-3) Single Family Residential–3 Zoning District .............................................................................. 26
Section 30-38: (SR-5) Single Family Residential–5 Zoning District .............................................................................. 28
Section 30-39: (SR-9) Single Family Residential–9 Zoning District .............................................................................. 30
Section 30-40: (DR-6) Duplex Residential–6 Zoning District ....................................................................................... 32
Section 30-41: (TR-10) Two Flat Residential–10 Zoning District ................................................................................ 34
Section 30-42: (MR-12) Multi-Family Residential–12 Zoning District ......................................................................... 36
Section 30-43: (MR-20) Multi-Family Residential–20 Zoning District ......................................................................... 39
Section 30-44: (MR-36) Multi-Family Residential–36 Zoning District ......................................................................... 42
City of Oshkosh Zoning Ordinance Table of Contents
Section 30-01: Title
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Section 30-45: (MH-9) Mobile Home Residential–9 Zoning District .......................................................................... 45
Sections 30-46 to 30-49: Reserved ...................................................................................................................................... 48
Section 30-50: (I) Institutional Zoning District ................................................................................................................ 48
Section 30-51: (NMU) Neighborhood Mixed Use Zoning District .............................................................................. 51
Section 30-52: (SMU) Suburban Mixed Use Zoning District ........................................................................................ 54
Section 30-53: (UMU) Urban Mixed Use Zoning District ............................................................................................. 57
Section 30-54: (CMU) Central Mixed Use Zoning District ............................................................................................ 60
Section 30-55: (RMU) Riverfront Mixed Use Zoning District ...................................................................................... 63
Sections 30-56 to 30-59: Reserved ...................................................................................................................................... 66
Section 30-60: (BP) Business Park Zoning District ......................................................................................................... 67
Section 30-61: (UI) Urban Industrial Zoning District ..................................................................................................... 69
Section 30-62: (HI) Heavy Industrial Zoning District ..................................................................................................... 72
Sections 30-63 to 30-69: Reserved ...................................................................................................................................... 74
Article III: Land Use Regulations .......................................................................... 75
Section 30-70: Purpose ......................................................................................................................................................... 75
Section 30-71: Regulation of Allowable Uses ................................................................................................................... 75
Section 30-72: Regulations Applicable to All Land Uses ................................................................................................ 76
Section 30-73: Detailed Land Use Descriptions and Regulations ................................................................................. 78
Section 30-74: Table of Land Uses ..................................................................................................................................... 78
Section 30-75: Residential Land Uses ................................................................................................................................. 86
Section 30-76: Agricultural Land Uses ............................................................................................................................. 103
Section 30-77: Institutional Land Uses ............................................................................................................................ 106
Section 30-78: Commercial Land Uses ............................................................................................................................ 110
Section 30-79: Multiple Use Buildings.............................................................................................................................. 118
Section 30-80: Industrial Land Uses ................................................................................................................................. 119
Section 30-81: Storage Land Uses ..................................................................................................................................... 120
Section 30-82: Transportation Land Uses ....................................................................................................................... 121
Section 30-83: Telecommunication Land Uses .............................................................................................................. 123
Section 30-84: Extraction and Disposal Land Uses ....................................................................................................... 125
Section 30-85: Energy Production Land Uses and Structures ..................................................................................... 127
Section 30-86: Accessory Land Uses and Structures ..................................................................................................... 129
Section 30-87: Temporary Uses ......................................................................................................................................... 137
Section 30-88: Adaptive Reuse Land Use ........................................................................................................................ 140
Sections 30-89 to 30-109: Reserved .................................................................................................................................. 140
City of Oshkosh Zoning Ordinance Table of Contents
Section 30-01: Title
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Article IV: Bulk Regulations ................................................................................ 141
Section 30-110: Purpose ..................................................................................................................................................... 141
Section 30-111: Bulk Standards ......................................................................................................................................... 141
Section 30-112: Exceptions to Maximum Height Regulations .................................................................................... 141
Section 30-113: Yard Setback Adjustments ..................................................................................................................... 141
Section 30-114: Projections into Required Yards ........................................................................................................... 144
Sections 30-115 to 30-129: Reserved ................................................................................................................................ 146
Article V: Nonconforming Situations .................................................................. 147
Section 30-130: Purpose ..................................................................................................................................................... 147
Section 30-131: Nonconforming Uses ............................................................................................................................. 147
Section 30-132: Nonconforming and Substandard Lots ............................................................................................... 148
Section 30-133: Nonconforming Structures .................................................................................................................... 148
Section 30-134: Other Nonconforming Sites ................................................................................................................. 150
Sections 30-135 to 30-149: Reserved ................................................................................................................................ 151
Article VI: Overlay Zoning Districts .................................................................... 153
Section 30-150: Purpose ..................................................................................................................................................... 153
Section 30-151: How to Use This Article ........................................................................................................................ 153
Section 30-152: Overlay Zoning Districts ....................................................................................................................... 153
Section 30-153: Map of Overlay Zoning Districts ......................................................................................................... 153
Section 30-154: (AP-O) Airport Overlay Zoning District ............................................................................................ 153
Section 30-155: (C-O) Campus Overlay Zoning District ............................................................................................. 154
Section 30-156: (FP-O) Floodplain Overlay Zoning District ...................................................................................... 155
Section 30-157: (LR-O) Lakefront Residential Overlay District.................................................................................. 179
Section 30-158: (PD-O) Planned Development Overlay District ............................................................................... 181
Section 30-159: (RF-O) Riverfront Overlay Zoning District ....................................................................................... 183
Section 30-160: (SL-O) Shoreland Overlay Zoning District ........................................................................................ 183
Section 30-161: (TND-O) Traditional Neighborhood Overlay Zoning District ...................................................... 187
Section 30-162: (NTD-O) Neo-Traditional Development Overlay Zoning District............................................... 210
Section 30-163: (UT-O) University Transition Overlay Zoning District ................................................................... 224
Sections 30-164 to 30-169: Reserved ................................................................................................................................ 224
Article VII: Performance Standards .................................................................... 225
Section 30-170: Purpose ..................................................................................................................................................... 225
Section 30-171: Group and Large Development Standards ......................................................................................... 225
Section 30-172: Vehicle Access Standards ....................................................................................................................... 229
Section 30-173: Bicycle and Pedestrian Access Standards ............................................................................................ 233
City of Oshkosh Zoning Ordinance Table of Contents
Section 30-01: Title
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Section 30-174: Visibility Standards .................................................................................................................................. 233
Section 30-175: Off-Street Parking and Traffic Circulation ......................................................................................... 234
Section 30-176: Off-Street Loading Standards ............................................................................................................... 249
Sections 30-177 to 30-189: Reserved ................................................................................................................................ 250
Section 30-190: Exterior Lighting Standards .................................................................................................................. 250
Section 30-191: Exterior Storage and Screening Standards .......................................................................................... 252
Section 30-192: Fencing Standards ................................................................................................................................... 255
Sections 30-193 to 30-219: Reserved ................................................................................................................................ 259
Section 30-220: Outdoor Recreational Space Requirements ........................................................................................ 259
Section 30-221: Regulations for Vacant Buildings ......................................................................................................... 260
Sections 30-222 to 30-239: Reserved ................................................................................................................................ 261
Article VIII: Exterior Building Design Standards ................................................ 263
Section 30-240: In General ................................................................................................................................................. 263
Section 30-241: Single and Two Family Uses ................................................................................................................. 264
Section 30-242: Multi-Family Uses ................................................................................................................................... 269
Section 30-243: Commercial Uses and Mixed Uses ....................................................................................................... 271
Section 30-244: Industrial Uses ......................................................................................................................................... 273
Section 30-245: Special Areas ............................................................................................................................................ 274
Sections 30-246 to 30-249: Reserved ................................................................................................................................ 282
Article IX: Landscaping Requirements .............................................................. 283
Section 30-250: Purpose ..................................................................................................................................................... 283
Section 30-251: Applicability.............................................................................................................................................. 283
Section 30-252: Landscape Plan ........................................................................................................................................ 284
Section 30-253: Landscaping Requirements .................................................................................................................... 284
Section 30-254: Classification of Plant Species ............................................................................................................... 296
Section 30-255: Standards for Rain Gardens and Bioswales ........................................................................................ 303
Section 30-256: Installation Requirements ...................................................................................................................... 304
Section 30-257: Sample Landscaping Schemes ............................................................................................................... 305
Sections 30-258 to 30-269: Reserved ................................................................................................................................ 312
Article X: Signage ............................................................................................... 313
Section 30-270: Purpose ..................................................................................................................................................... 313
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types ...................................................... 313
Sections 30-272 to 30-279: Reserved ................................................................................................................................ 332
Section 30-280: Electronic Message Boards .................................................................................................................... 332
Section 30-281: Fuel Price Boards .................................................................................................................................... 332
City of Oshkosh Zoning Ordinance Table of Contents
Section 30-01: Title
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Section 30-282: Signage for Group and Large Developments ..................................................................................... 333
Sections 30-283 to 30-289: Reserved ................................................................................................................................ 333
Section 30-290: Permitted Signs Rules ............................................................................................................................. 333
Section 30-291: Sign Setback, Height, Measurement, and Flexibility ......................................................................... 340
Sections 30-292 to 30-293: Reserved ................................................................................................................................ 343
Section 30-294: Sign Prohibitions and Limitations ........................................................................................................ 343
Sections 30-295 to 30-309: Reserved ................................................................................................................................ 344
Section 30-310: Sign Permits – Application, Enforcement, and Revocation ............................................................ 345
Section 30-311: Appearance, Construction, and Maintenance of Signage ................................................................. 345
Section 30-312: Nonconforming Signs ............................................................................................................................ 346
Section 30-313: Removal of Signs and Sign Structures for Vacated Buildings ......................................................... 347
Sections 30-314 to 30-329: Reserved ................................................................................................................................ 347
Article XI: Administration and Procedures .........................................................349
Section 30-330: Purpose ..................................................................................................................................................... 349
Section 30-331: Exempt Activities .................................................................................................................................... 349
Sections 30-332 to 30-340: Reserved ................................................................................................................................ 349
Section 30-341: Director of Community Development ................................................................................................ 349
Section 30-342: Plan Commission .................................................................................................................................... 350
Section 30-343: Common Council .................................................................................................................................... 350
Section 30-344: Zoning Board of Appeals ...................................................................................................................... 350
Section 30-345: Other City Boards and Commission .................................................................................................... 351
Sections 30-346 to 30-359: Reserved ................................................................................................................................ 351
Section 30-360: Review and Approval Required ............................................................................................................ 351
Section 30-361: Notice of Public Hearings ..................................................................................................................... 353
Section 30-362: Public Meetings ....................................................................................................................................... 354
Sections 30-363 to 30-379: Reserved ................................................................................................................................ 354
Section 30-380: Zoning Ordinance Amendment ........................................................................................................... 354
Section 30-381: Zoning Map Amendment ...................................................................................................................... 356
Section 30-382: Conditional Use Permit Procedures ..................................................................................................... 359
Section 30-383: Temporary Use Permit Procedures ...................................................................................................... 365
Section 30-384: Land Use Permit Review and Approval Procedures ......................................................................... 365
Section 30-385: Site Plan Review and Approval Procedures ........................................................................................ 366
Section 30-386: Special Area Design Review .................................................................................................................. 369
Section 30-387: Planned Developments .......................................................................................................................... 373
Section 30-388: Process to Establish Campus Overlay Zoning ................................................................................... 379
City of Oshkosh Zoning Ordinance Table of Contents
Section 30-01: Title
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Sections 30-389 to 30-409: Reserved ................................................................................................................................ 383
Section 30-410: Interpretations ......................................................................................................................................... 383
Section 30-411: Variances ................................................................................................................................................... 386
Section 30-412: Appeals of Zoning Interpretations ....................................................................................................... 388
Section 30-413: Administration and Enforcement of Performance Standards ......................................................... 389
Sections 30-414 to 30-429: Reserved ................................................................................................................................ 390
Section 30-430: Violations and Penalties ......................................................................................................................... 390
Sections 30-431 to 30-438: Reserved ................................................................................................................................ 390
Section 30-439: Fees ............................................................................................................................................................ 390
Articles XII-XIII: Reserved ................................................................................. 391
Sections 30-440 to 30-699: Reserved ................................................................................................................................ 391
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Section 30-01: Title
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ARTICLE I: INTRODUCTION AND DEFINITIONS
Section 30-01: Title
This Chapter shall be known, cited, and referred to as the City of Oshkosh Zoning Ordinance, except where
as referred to herein, where it shall be known as “this Chapter.”
Section 30-02: Authority
This Chapter is enacted pursuant to the authority granted by the State of Wisconsin Statutes. Specific
statutory references are provided within the body of this Chapter solely as a means of assisting the reader.
Such references are not to be considered as all-inclusive and shall in no manner be construed so as to limit
the application or interpretation of this Chapter. State Law References: Section 62.23(7), 62.231, 87.30,
Wisconsin Statutes.
Section 30-03: Purpose and Intent
This Chapter is adopted for the purpose of protecting the health, safety, morals, comfort, convenience, and
general welfare of the public. This Chapter is designed to control and lessen congestion in the streets; to
secure safety from fire, panic, and other dangers; to promote adequate light and air; to protect groundwater
resources; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve,
protect, and promote property values; to facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public facilities; and to preserve burial sites as defined in Sec. 157.70(1)(b),
Wisconsin Statutes. It is also the intent of this Chapter is to implement certain goals and objectives of the
City of Oshkosh Comprehensive Plan, which are best addressed through zoning approaches, as enabled by
Wisconsin Statutes.
Section 30-04: Separability and Non-Liability
It is hereby declared to be the intention of the City of Oshkosh Common Council that provisions of this
Chapter are separable in accordance with the following:
(1) If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such
judgment shall not affect any other provisions of this Chapter not specifically included in said
judgment.
(2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this
Chapter to a particular property, water, building, or structure, such judgment shall not affect the
application of said provision to any other property, water, building, or structure not specifically
included in said judgment.
(3) If any requirement or limitation attached to an authorization given under this Chapter is found invalid,
it shall be presumed that the authorization would not have been granted without the requirement or
limitation and, therefore, said authorization shall also be invalid.
(4) The City does not guarantee, warrant, or represent that only those areas designated as floodplain will
be subject to periodic inundation and hereby asserts that there is no liability on the part of the City, its
officers, employees, agents, or representatives for any flood damages, sanitation problems, or structural
damages.
Section 30-05: Abrogation
It is not intended that this Chapter abrogate or interfere with any constitutionally protected vested right. It is
also not intended that this Chapter abrogate, repeal, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant
to law.
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Section 30-06: Rules of Interpretation
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Section 30-06: Rules of Interpretation
(1) In their interpretation and application, the provisions of this Chapter shall be held to be the minimum
requirements for the promotion of the public health, safety, morals, and welfare.
(2) Where property is affected by the regulations imposed by any provision of this Chapter and by other
governmental regulations, the regulations which are more restrictive or which impose higher standards
or requirements shall prevail. Regardless of any other provision of this Chapter, no land shall be
developed or used, and no structure erected or maintained, in violation of any state or federal
regulations. Where there are conflicts between or among regulations within this Chapter, the
regulations that are more restrictive or which impose higher standards or requirements shall prevail. In
all instances, where there are conflicts between the text of this Chapter and any tables or figures of this
Chapter, the text shall prevail.
(3) No structure, land, water, or air shall hereafter be used and no structure or part thereof shall hereafter
be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered
without a building permit, except structures not requiring a building permit (e.g. swing set, clothesline,
etc.), and without full compliance with the provisions of this Chapter and all other applicable local,
county, and state regulations.
(4) Nothing herein contained shall require any changes in plans, construction, size, or designated use of
any building or part thereof for which a building permit has been issued before the effective date of
this Chapter, and the construction of which shall have been started within one year from the date of
such permit.
(5) Except as provided in this Chapter, under provisions for nonconforming uses, nonconforming
developments, substandard lots, and nonconforming structures and buildings (see Article V), no
building, structure, development, or premises shall be hereinafter used or occupied, and no applicable
permit granted, that does not conform to the requirements of this Chapter.
(6) In cases of mixed occupancy or mixed use buildings, the regulations for each land use shall apply to
the portion of the structure or land so occupied or so used. In the case of buildings containing both
residential and nonresidential uses, the density, intensity, and bulk standards for nonresidential
buildings shall apply.
(7) Except for outlots authorized under Article XVII: Subdivisions to contain permanently protected
green space area, no yard or other open space area shall be considered as providing a yard or open
space for a building or structure on any other lot.
Section 30-07: Jurisdiction
This Chapter is applicable to all territory located within the corporate limits of the City of Oshkosh, all areas
within the extraterritorial jurisdiction of the City of Oshkosh, and all areas where boundary agreements are in
place.
Section 30-08: Reserved
Section 30-09: Effective Date
This Chapter shall become effective upon passage and publication according to law, following the date of
repeal and recreation of the Official Zoning Map. All plans approved under previous zoning regulations shall
be valid and may be used to obtain permits for a period of not more than one year after the effective date of
this Chapter, except where subject to developer agreement provisions such as Planned Developments.
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Section 30-10: Applicability
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Section 30-10: Applicability
(1) All Sections of this Chapter are applied to all properties, all development activity, and all uses of land
and property within the City of Oshkosh and extraterritorial jurisdiction. Beyond this Chapter, these
kinds of activities are subject to all City, State, and Federal requirements.
(2) The use of land is generally addressed in Articles II and III. Development activities including
redevelopment and building and site renovations are regulated throughout the ordinance rather than in
any one section or article.
(3) Where questions of applicability arise, the interpretation of applicability falls under the duties of the
Director of Community Development, or designee.
Sections 30-11 to 30-19: Reserved
Section 30-20: Word Usage
The interpretation of this Chapter shall abide by the provisions and rules of this Section, except where the
context clearly requires otherwise, or where the result would clearly be inconsistent with the apparent intent
of this Chapter.
(1) Words used or defined in one tense or form shall include other tenses and derivative forms.
(2) Words in the singular number shall include the plural number, and words in the plural number shall
include the single number.
(3) The masculine gender shall include the feminine, and vice versa.
(4) The words “shall,” “must,” and “will” are mandatory.
(5) The words “may,” “can,” and “might” are permissive.
(6) The word “person” includes individuals, firms, corporations, partnerships, associations, trusts, and any
other legal entity.
(7) The word “City” shall mean the City of Oshkosh, Wisconsin.
(8) The word “county” shall mean the County of Winnebago, Wisconsin.
(9) The word “state” shall mean the State of Wisconsin.
(10) The words “Plan Commission” shall mean the City of Oshkosh Plan Commission.
(11) The word “Council” shall refer to the City of Oshkosh Common Council.
(12) The words “Board” or “Board of Appeals” shall refer to the City of Oshkosh Zoning Board of
Appeals.
(13) If there is any ambiguity between the text of this Chapter and any illustration or figure, the text shall
control.
Section 30-21: Abbreviations
The following abbreviations in this Chapter are intended to have the following meanings:
Abbreviation Meaning
ft Foot
N/A Not applicable
sq. ft. Square feet
Wis. Stats. Wisconsin Statutes
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Section 30-22: Definitions
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Section 30-22: Definitions
The following words, terms and phrases, wherever they occur in this Chapter, shall have the meanings
ascribed to them by this Section. If a term used in Chapter is not defined in this Section or elsewhere in this
Chapter, the definition of said term will be provided by the Director of Community Development, or
designee, based on professional sources available including the American Planning Association and Urban
Land Institute. For definitions of specific land uses, refer to Article III. For definitions of specific sign types,
refer to Article X. Definitions provided by this Section include:
Access: A means of providing vehicular or non-vehicular egress from or ingress to a property, public right-
of-way, or private roadway.
Acre: 43,560 square feet.
Accessory structure, nonresidential: See Article III. A structure or combination of structures that: (1) are
located on the same lot, tract, or development parcel as the primary nonresidential building; (2) are clearly
incidental to and customarily found in connection with a primary building or use; and (3) are subordinate to
and serving a primary building or use.
Accessory structure, residential: See Article III. Structures accessory to a residential use including but not
limited to structures used to shelter parked passenger vehicles (including garages and carports), structures
used to store residential maintenance equipment of the subject property, workshops, kennels, boathouses,
and pool houses. Residential accessory structures may be attached or detached from the principal residential
structure.
Accessory structure, attached: An accessory structure which is physically connected to the principal
building. Attached accessory structures shall be considered part of the principal structure and are subject to
the setback standards for principal structures.
Accessory structure, detached: An accessory structure which is not physically connected to the principal
building. A minor attachment does not render an accessory structure attached. Examples of minor
attachments include, but are not limited to, decks 18 inches or less above grade, arbors and fences, and
similar open unclosed structures such as breezeways over the pedestrian pathway between structures and no
wider than 5 feet.
Accessory use: A use subordinate to the principal use of a building or lot and serving a purpose customarily
incidental to the principal land use. Accessory uses in residential districts shall not involve the conduct of any
business, trade, or industry, except as defined as a Home Occupation and shall not include the boarding of
animals or the keeping of fowl or farm animals (except pets or as otherwise permitted by the Municipal
Code).
Adaptive reuse: Adapting an existing building originally designed for an institutional, quasi-public, public or
other specific/special purpose to a new use.
Addition: Any construction that increases the size of a building or structure in terms of site coverage, height,
length, width, or gross floor area.
Address: The number or other designation assigned by the Department of Public Works to a housing unit,
business establishment, or other structure or site for purposes of mail delivery, emergency services, and so
forth.
Agent of owner: A person authorized in writing by the property owner to represent and act for a property
owner in contacts with City employees, committees, commissions, and the Common Council, regarding
matters regulated by the Zoning Ordinance.
Airport: Any area of land designated, set aside, used, or intended for use, for the landing and take-off of
aircraft, and any appurtenant areas designated, set aside, used, or intended for use, for airport buildings or
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Section 30-22: Definitions
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other airport facilities, rights-of-way, or approach zones, together with all airport buildings and facilities
located thereon.
Airport hazard: Any structure, object, or natural growth, or use of land which obstructs the airspace required
for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing and
taking off.
Alley: A minor public right-of-way/street or thoroughfare providing secondary access to a property. Alley
access does not constitute frontage for the purposes of minimum lot frontage.
Alteration: Any change, addition, or modification in construction (other than repair/maintenance), or any
change in the structural members of buildings such as load-bearing walls, columns, beams, girders, etc.
Animal unit: A measure which represents a common denominator for the purpose of defining a Husbandry
or Intensive Agricultural land use. The animal unit measure relates to the maximum carrying capacity of one
acre of land and is related to the amount of feed various species consume, and the amount of waste they
produce. The following figure indicates the number of common farm species which comprise a single animal
unit:
Figure 30-22a: Animal Units
Type of
Livestock
# of Animals/
Animal Unit
Type of
Livestock
# of Animals/
Animal Unit
Type of
Livestock
# of Animals/
Animal Unit
Horse (>2 yrs) 1 Calves (<1 yr) 5 Lambs 14
Colt (<2 yrs) 2 Brood Sow or
Boar 2 Chickens – Egg
Layers 30
Cattle (>2 yrs) 1 Hogs (up to
220 lbs) 3 Chickens –
Fryers 60
Cattle (<2 yrs) 2 Sheep 10 Turkeys 50
Source: The Stockman’s Handbook
Appeal: A means for obtaining review of a decision, determination, order, or failure to act pursuant to the
terms of this Chapter as expressly authorized by the provisions of Section 30-412.
Automobile: Any self-propelled vehicle designed primarily for transportation of persons or goods along
public streets or alleys, or other public ways.
Awning: A shielding or decorative fixture attached to a structure and extending from the face of the
structure that is permanent in nature, which may be fixed or retractable.
Balcony: A platform that is attached to and projects from the wall of a principal building and is surrounded
by a railing or balustrade. This definition is different and separate from a porch, deck, fire escape, etc.
Base standard modification: Changes to the regulations set forth in this Chapter, which are permitted only
with an approved Planned Development meeting the requirements of Section 30-387.
Basement: That portion of a building between the floor and ceiling, having at least one-half of its height
below grade.
Berm: An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce
noise, or fulfill other such purposes.
Block: The property abutting the street between the two nearest intersecting or intercepting streets. A
railroad right-of-way, the boundary line of un-subdivided acreage, or a body of water shall be regarded the
same as an intersecting or intercepting street for the purpose of defining a “block.”
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Section 30-22: Definitions
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Boat: A vehicle designed for operation as a watercraft propelled by oars, sails, or engine(s).
Boathouse: A structure used for the storage of watercraft and associated materials which has one or more
walls or sides.
Bufferyard: Any permitted combination of distance, vegetation, fencing, and berming which results in a
reduction of visual, noise and other interaction with an adjoining property.
Buildable area: The area remaining on a lot after the minimum setback, drainage provisions, and other site
constraint requirements of this ordinance have been met.
Buildable width: The width of the lot left to be built upon after the side yards are provided.
Buildable depth: The depth of the lot left to be built upon after the front and rear yards are provided
Building: A structure with a permanent location on the land, having a roof that may provide shelter, support,
protection, or enclosure of persons, animals, or property of any kind.
Building coverage: The percentage of a lot covered by principal and accessory buildings or structures.
Building footprint: The outline of the total area covered by a building’s perimeter at the ground level.
Building height: The vertical distance from the established grade to (a) the highest point of a flat roof; (b)
the deck line of a mansard roof; or (c) the average height between eaves and ridge for a gable, hip and
gambrel roof.
Building, principal: A building in which the main or principal use of the lot is conducted.
Building separation: The narrowest distance between two buildings (see minimum building separation).
Bulk: The combination of building height, size, and location on a lot.
Caliper: A measurement of the size of a tree equal to the diameter of its trunk measurement four foot above
natural grade.
Canopy: A structure or sign attached and extending from the face of a building, constructed as a permanent
fixture.
Capacity: The maximum lawful level of designed use of any structure, or part thereof, as determined by the
City’s adopted building code and expressed in terms of occupants, seats, persons, employees, or other units
specified by the building code.
Club: Structures and facilities owned or operated by a corporation, association, person, or persons, for a
social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service
which is customarily carried on as a business.
Comprehensive plan: The long-range master plan for the desirable use and development of land in the City
as officially adopted and as amended from time to time by the Commission and certified to the Council.
Conditional use: A use which may be appropriate or desirable in a specific zone, but requires special
approval because if not carefully located or designed, may not be deemed compatible with neighborhood
uses or may create special problems.
Condominium: An estate in real property consisting of an undivided interest in common with other
purchasers in a portion of a parcel of real property, together with separate interest in space. A condominium
may include, in addition, separate interest in other portions of such property.
Court: An open space within one lot which is surrounded by structures on more than 50 percent of its
perimeter.
Covenant: A contract between two or more parties which constitutes a restriction of a particular parcel of
land.
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Deck: An uncovered and open platform built above grade and attached to a principal or accessory building,
typically supported by pillars or posts. Decks are considered to be part of a building or structure. Setbacks
shall be measured from the outermost portion of the deck.
Density: A term used to describe the number of dwelling units per acre.
Design standards: A guideline/specification or set of guidelines/specifications regarding the architectural
appearance of a building or improvement that governs the alteration, construction, demolition, or relocation
of a building or improvement
Developed area: That area which is made up of physical property improvements including but not limited to
structures, parking, drives, signage and utility features.
Development: The division of a parcel of land into two or more parcels; the construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any buildings; the primary or principal use or
change in primary or principal use of any buildings or land; any extension of any use of land; deposition of
materials; or any clearing, grading, or other movement of land, for which permission may be required
pursuant to this Chapter.
Dormer: A structural element of a house that protrudes from the plane of a sloping roof surface. Dormers
are used to create usable space in the roof of a building by adding headroom and usually also by enabling
addition of windows.
Driveway: A private roadway providing access to a public right-of-way.
Dwelling: A building or one or more portions thereof, containing one or more dwelling units, but not
including habitations provided in nonresidential uses such as lodging uses and commercial campgrounds.
Dwelling, attached: A dwelling joined to another dwelling at one or more sides by a shared wall or walls.
Dwelling, detached: A dwelling entirely surrounded by open space on the same lot.
Dwelling unit: A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement: Written authorization, recorded in the Register of Deeds office, from a landowner authorizing
another party to use any designated part of the land owner’s property for a specified purpose.
Elevation (building): The view of any building or other structure from any one of four sides regardless of
the configuration or orientation of a building. Each elevation will generally be identified as a north, south,
east or west building elevation. Also see “facade.”
Extraterritorial area: The area outside of the City limits in which the City of Oshkosh may exercise
extraterritorial powers of planning, land division, and/or zoning review.
Façade: The wall planes of a building which are visible from one side or perspective (e.g. front, side, rear).
See “elevation (building).”
Family POLCY QUESTION: A person living as an individual or any of the following groups living
together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating
facilities:
1. Any number of people related by blood, marriage, domestic partnership, legal adoption, guardianship
or other duly-authorized custodial relationship;
2. Two (2) unrelated adult individuals and the minor children of each. For the purpose of this Section,
“children” means natural children, grandchildren, legally adopted children, stepchildren, foster
children, or a ward as determined in a legal guardianship proceeding;
3. Three (3) unrelated adult individuals;
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4. Up to four (4) unrelated persons who have disabilities/are disabled or handicapped under the Fair
Housing Amendment Act (FHAA) or the Americans with Disabilities Act (ADA), are living as a
single household because of their disability, and require assistance from a caregiver.
a. This definition does not include those persons currently illegally using or addicted to a
“controlled substance” as defined in the Controlled Substances Act, 21 U.S.C. Section 802
(6).
5. Up to two (2) personal attendants who provide services for family members or roomers who
are disabled or handicapped under the Fair Housing Amendment Act (FHAA) or the Americans
with Disabilities Act (ADA) and need assistance with the activities of daily living shall be considered
part of a family. Such services may include personal care, housekeeping, meal preparation, laundry or
companionship.
6. Functional Family: A group of individuals living together in a single dwelling unit and functioning as
the equivalent of a family, whether or not they are related by blood, marriage or other legal
relationship. See definition of “functional family.”
7. Exceptions: The definition of “family” does not include:
a. Any society, club, fraternity/sorority, association, lodge, combine, commune, federation, or
similar organization; and
b. Any group of individuals whose association is temporary or seasonal in nature
Farm building: Any building, other than a dwelling unit, used for storing agricultural equipment or farm
produce or products, having livestock or poultry, or processing dairy products.
Functional family POLCY QUESTION: A group of individuals living together in a single dwelling unit
and functioning as the equivalent of a family, whether or not any of the individuals are related by blood,
marriage or other legal relationship. Groups of four (4) or more unrelated adult individuals shall be
rebuttably presumed not to be a functional family under this definition. In determining whether or not a
group of unrelated individuals is a functional family under this definition, the Director of Community
Development or designee or other reviewing body shall consider the following criteria:
1. Factors to be considered in this determination include whether:
a. A lease, sub-lease or other agreement define portions of the dwelling unit granting limited
access to portions of the dwelling unit.
b. Members of the household have been living together as a functional family unit for a period
of one (1) year or more, whether at the current address or other addresses.
c. Minor dependent children, if any, share the dwelling as their principal residence and are
enrolled in local schools.
d. Members of the household engage in group living activities such as shopping, cooking,
eating and socializing.
e. Members of the household consistently share household expenses or a budget including
expenses for food, rent or ownership costs, utilities and other common household expenses.
f. Members of the household have established a joint bank account or other similar means to
consistently provide for the payment of common expenses.
g. Members of the household share common ownership of vehicles, furniture, major
appliances, and other significant household resources.
h. Members of the household share the address for voter registration, drivers licensing, vehicle
registration, tax filing or other similar purposes.
i. Members of the household are employed in non-seasonal and non-transient jobs in the local
area.
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j. Any other factors reasonably related to and serving as evidence of the household members’
status as a functional family unit.
2. Unless sufficiently rebutted by competent evidence, any of the following factors shall indicate the
absence of a functional family relationship:
a. A lease, sub-lease or other agreement which makes each occupant jointly or severably liable
for the performance of the lease or agreement.
b. A lease, sub-lease or other agreement which holds a relative or any other person who is not
an occupant of the household to be a guarantor of the lease or agreement.
c. A lease, sub-lease or other agreement which requires or prohibits occupancy and/or
payment for occupancy for a period consistent with the semester schedule of local places of
higher education or upon a seasonal basis.
d. Interior doors have padlocks or keyed door entries limiting tenants’ use and access to
portions of the dwelling unit.
e. A majority of members of the household attend any places of higher education in at least a
half-time basis.
Fence: Any artificially constructed barrier erected to separate, enclose or screen areas of land.
Fence, picket: A type of fence constructed of evenly-spaced vertical boards that are connected by two or
more horizontal rails.
Fence, solid: A fence, including solid entrance and exit gates, that is least 90 percent opaque and that
effectively conceals the materials stored and operations conducted behind it from view.
Fence, wood rail: A type of fence constructed of wooden beams or timber logs (usually split lengthwise into
rails) that are arranged in a manner that allows for more than 75 percent of the fence’s surface area to be
open for the free passage of light and air.
Floor area: The sum of the gross horizontal areas of the floors of a building, including interior balconies,
mezzanines, basements, and attached accessory buildings, stairs, escalators, unenclosed and enclosed porches,
heating and utility rooms, etc. Measurements shall be made from the outside of the exterior walls and to the
center of interior walls dividing attached buildings.
Floor area ratio: The numerical value obtained by dividing the floor area of a structure or structures by the
lot area on which such structure(s) are located.
Foot-candle: A unit of illumination produced on a surface, all points of which are 1 foot from a uniform
point source of one candle.
Frontage: See lot frontage.
Garage: An attached or detached building or structure, or part thereof, used or designed to be used for the
parking and storage of vehicles. Garages are also commonly used to store other items associated with the use
of a lot such as yard maintenance and children’s play equipment.
Grade, existing: The surface elevation of the ground or pavement at a stated location as it exists prior to
disturbance in preparation for a project regulated by the ordinance.
Grade, finished: The final elevation of the ground surface after man-made alteration, such as grading,
grubbing, filling or excavating have been made and is part of an approved grading and drainage plan by the
City of Oshkosh.
Green area: An area landscaped with shrubs, trees, and other vegetative groundcover.
Gross density: The result of dividing the number of dwelling units located on a site by the gross site area
(see maximum gross density).
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Gross floor area: The total floor area inside the building envelope on all levels of a building.
Gross site area: The total area of a single lot or the sum of multiple lots in common use.
Group development: See Section 30-171. Any development located on one lot and comprised of any single
instance or any combination of the following development types:
1 or more principal multi-family residential buildings with 24 or more residential units on the same
lot.
3 or more principal structures on the same lot, whether serving a single use or more than one use.
Any addition of principal buildings that increases the total number of principal structures on the
same lot to 3 or more.
Historic building or site: Any building or site that meets one or more of the following criteria: buildings or
sites listed on the Wisconsin or National Register of Historic Places, either individually or as a contributing
building or site to a historic district; buildings or sites with a State Historic Preservation Officer Opinion or
Certification that the property is eligible to be listed on the State Register or National Register of Historic
Places, either individually or as a contributing building or site to a historic district; or is locally designated as a
Local Landmark.
Impervious surface: Surfaces that prohibit infiltration of stormwater. Homes, buildings, and other
structures with roofs, as well as concrete, brick, stone, asphalt, gravel, and similar paved surfaces are
considered impervious.
Impervious surface ratio: A measure of the intensity of land use, determined by dividing the total of all
impervious surfaces on a site by the gross site area.
Infill site: Any vacant lot or parcel within developed areas of the City, where at least 80 percent of the land
within a 300-foot radius of the site has been developed; and where water, sewer, streets, schools, and fire
protection have already been developed and are provided. Annexed areas located on the periphery of the City
limits shall not be considered infill sites.
Intensity: A term used to describe the amount of gross floor area or landscaped area on a lot or site
compared to the gross site area.
Landscaped area: The area of a site which is planted and continually maintained in vegetation, including
grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. The
landscaped area also includes the area located within planted and continually maintained landscaped planters
as well as subordinate accessory use of other landscape elements such as mulch, river rock, etc.
Landscape surface area ratio (LSR): The percentage of the gross site area or lot area which is preserved as
permanently protected green space or landscaped area in relation to the percentage of gross site or lot area
included in development.
Large development: See Section 30-171. Any new development containing any single building in which the
combined area of the building footprint exceeds 50,000 square feet. Does not include new additions of less
than 50,000 square feet, or basements and penthouses when used primarily for storage and mechanical
equipment.
Loggia: A roofed arcade or gallery with open sides stretching along the front or side of a building, often at
an upper level.
Lot: A parcel of land in one ownership and not divided by a street nor including any land within the limits of
a public right-of-way. The term “lot of record " shall mean land designated as a distinct and separate parcel
on a legally recorded plat, subdivision, or other instrument permitted by law, in the Register of Deeds office.
Lot area: The computed area contained within the lot lines of a recorded lot, including land over which
easements have been established.
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Lot, corner: A lot abutting upon two or more streets at their intersection or upon two parts of the same
street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of
intersection of the street lines or their greatest angle is the “corner.”
Lot depth: The mean horizontal distance between the front and rear lot lines.
Lot frontage: The horizontal distance between the side lot lines measured at the point where the side lot
lines intersect the right-of-way. All sides of a lot that abuts a street shall be considered lot frontage. On
curvilinear streets, the distance of the arc between the side lot lines shall be considered the lot frontage.
Lot, garage: A lot that does not contain a principal structure, which is located directly across the street or
alley from a lot containing a principal residential structure. Typically, garage lots contain a garage or other
accessory structure and are under the same ownership as the lot containing the principal residential structure.
See Figure 30-22c.
Lot, interior: A lot other than a corner lot.
Figure 30-22b: Regular Lot Descriptions
Lot line: A lot line is the legal property line (including the vertical plane established by the line and the
ground) bounding a lot except that where any portion of a lot extends into the public right-of-way or a
proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this
Chapter.
Lot line, front: A lot line which abuts a public or private street right-of-way. In the case of a lot which has
two of more street frontages, the lot line along the street with the shortest frontage distance shall be the front
lot line. (See also lot line, street side). See Figure 30-22b.
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Lot line, rear: In the case of rectangular or most trapezoidal shaped lots, that lot line which is parallel to and
most distant from the front lot line of the lot. In the case of an irregular, triangular, or gore-shaped lot, a line
20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line
shall be considered to be the rear lot line. In the case of lots that have frontage on more than one road or
street, the rear lot line shall be opposite the front lot line (shorter of the frontages). See Figure 30-22b.
Lot line, side: Any lot line other than a front or rear lot lines. A side lot line separating a lot from a street is
called a side street lot line. A side lot line separating a lot from another lot is called an interior side lot line. See
Figure 30-22b.
Lot line, street side: Any lot line which abuts a public or private street right-of-way which is not the front
lot line (see also lot line, front). See Figure 30-22b.
Lot of record: A platted lot or lot described in a plat, certified survey map, in a metes and bounds
description, or other instrument permitted by law and has been approved by the City of Oshkosh and/or by
Winnebago County, and has been recorded in the office of the Register of Deeds.
Lot, through: A lot having frontage on two parallel or approximately parallel streets (also known as a
“double-frontage lot”). See Figure 30-22b.
Lot, waterfront: A lot that abuts the Fox River,
Lake Winnebago, or Lake Butte des Morts.
Waterfront lots have a waterfront yard, a street
yard, and a side yard.
Lot width: The maximum horizontal distance
between the side lot lines of a lot, measured parallel
to the front lot line(s) at the required front yard
setback (see minimum lot width).
Maintenance: An activity that restores the
character, scope, size, or design of a serviceable
area, structure, or land use to its previously existing,
undamaged condition. Activities that change the
character, size, or scope of a project beyond the
original design or otherwise alter a serviceable area,
structure, or land use are not included in this
definition.
Manufactured home: A one or two family home
certified and labeled as a manufactured home under
42 USC 5401-5426 which when placed on the site
is set on an enclosed foundation in accordance with
§70.043(1) Wis. Stats. and subchapters III, IV, and V of chapter COMM 21, Wis. Adm. Code, or a
comparable foundation as approved by the local building services supervisor, is installed according to
manufacturer’s instructions, is properly connected to utilities, has asphalt shingles and a gable or hip roof, has
insulated glass windows, has vinyl, aluminum or other quality siding, and is a minimum of 22 feet wide.
Maximum building size (MBS): The largest permitted total gross floor area a building may contain (see
building size).
Maximum gross density: The maximum number of dwelling units permitted per acre of Gross Site Area
(see gross density).
Minimum building separation: The narrowest permitted building separation.
Figure 30-22c: Waterfront Lot Descriptions
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Minimum landscape surface ratio: The lowest permitted landscape surface ratio (see landscape surface
ratio).
Minimum lot area: The minimum size lot permitted within the specified zoning district.
Minimum lot width: The smallest permissible lot width for the applicable zoning district.
Minimum setback: The narrowest distance permitted from a street, side, or rear property line to a structure.
Mixed use: Some combination of residential, commercial, industrial, office, institutional, and/or other land
uses within a district or development.
Mobile home: A type of single family dwelling unit suitable for year-round occupancy designed to be towed
as a single unit or in sections, with or without a permanent foundation, with walls of rigid, un-collapsible
construction, and with water supply, sewage disposal, and electrical convenience. A Mobile Home includes
both a “mobile home” and a “manufactured home” as defined by Wisconsin Statutes. A Mobile Home does
not include a “modular home” as defined by this Chapter. Any similar dwelling unit which has its own motor
or remains on wheels shall be considered a recreational vehicle.
Modular home: A dwelling unit meeting the Uniform Building Code that is transported to the building site
in sections, does not have a permanent chassis, and is permanently mounted on a permanent foundation. A
modular home is regulated as a single family dwelling unit under Section 30-75(1).
Multi-family residential: A building or structure designed for three or more separate dwelling units in which
one dwelling unit may have a roof, wall, or floor in common with another dwelling unit.
Navigable water: All natural inland lakes, rivers, streams, ponds, sloughs, flowages, and other waters within
the territorial limits of Wisconsin, including the Wisconsin portion of boundary waters. All bodies of water
with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a
recreational craft of the shallowest draft on an annually recurring basis. For the purposes of this Chapter,
rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent
waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin
Department of Natural Resources has made a determination that the waterway is not, in fact, navigable.
Net developable area: The area of a site which may be disturbed by development activity. Net developable
area is the result of subtracting undevelopable area from the gross site area.
Nonconforming building or structure: Any building or other structure which was lawfully existing under
ordinances or regulations preceding this Chapter, but which would not conform to this Chapter if the
building or structure were to be erected under the provisions of this Chapter.
Nonconforming development: A lawful development approved under ordinances or regulations preceding
the effective date of this Chapter, but which would not conform to this Chapter if the development were to
be created under the current provisions of this Chapter.
Nonconforming lot: A nonconforming or substandard lot is a lot legally established prior to the effective
date of this Chapter or subsequent applicable amendments thereto which would not be permitted under the
current terms of this Chapter.
Nonconforming structure: A structure legally established prior to the effective date of this Chapter or
subsequent applicable amendments thereto which would not be permitted under the current terms of this
Chapter. Parking, loading, access drives, and other paved areas are included in the definition of structure
Nonconforming use: An active and actual use of land, buildings, or structures, which was lawfully existing
prior to the enactment of this Chapter or amendments thereto, which has continued as the same or less
intensive use to the present, and which, does not comply with the applicable regulations of this Chapter.
Nonresidential use: The individual uses including but not limited to “Agricultural Land Uses,”
“Institutional Land Uses,” “Commercial Land Uses,” “Industrial Land Uses,” “Storage Land Uses,”
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“Transportation Land Uses,” “Extraction and Disposal Land Uses,” and “Energy Production Land Uses” as
listed in Article III.
Occupancy: The use of land, buildings or structures. The residing of an individual or individuals overnight
in a dwelling unit or the installation, storage, or use of equipment, merchandise, or machinery in any
nonresidential structure. Change of occupancy is not intended to include change of tenants or proprietors.
Occupancy, change of: A discontinuance of an existing use and the substitution therefor of a use of a
different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors
unless accompanied by a change in the type of use.
Official map: The map adopted pursuant to Section 62.23 of the Wisconsin Statutes which shows existing
and proposed streets, highways, parkways, parks and playgrounds, school sites, etc.
Opacity: The degree to which vision is blocked by bufferyard. Opacity is the proportion of a bufferyard’s
vertical plane which obstructs views into an adjoining property, i.e. the screening effectiveness of a bufferyard
or fence expressed as the percentage of vision that the screen blocks.
Open space: Any area not covered by a structure.
Ordinary high water mark: A mark delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly
that point where natural vegetation changes from predominately aquatic to predominately terrestrial. In areas
where the ordinary high water mark is not evident, setbacks shall be measured from the stream bank of the
following water bodies that have permanent flow or open water: the main channel, adjoining side channels,
back waters, and sloughs.
Outdoor wood furnace: An outdoor accessory structure designed to heat water through a wood fire and
then transmit that heated water to the principal building for direct use and/or heating the principal building.
Overlay zoning district: A zoning district which imposes uniform restrictions on all properties within its
area which are in addition to the restrictions specific to the underlying or base zoning districts.
Owner: The person, persons, or entity having the right of legal title to a lot or parcel of land.
Parapet: The extension of a false front or wall above the roofline.
Parcel: Any area of land (lot or contiguous group of lots) in the City under single ownership as shown on the
last assessor’s roll of the county or the records of the City, whichever is the most recent.
Parking Space, Designated: An area of a parking lot, or drive which has been designated for parking on a
site plan and is located on a paved surface per the requirements of Section 30-175. On single family and two
family lots, parts of the driveway, open spaces and the spaces within a garage may be used as designated
parking spaces.
Patio: An open, level-surfaced area which is typically impervious has an elevation of no more than 12 inches,
and without walls or a roof, intended for outdoor seating and recreation.
Performance standard: Criterion established to control and limit the impacts generated by, or inherent in,
uses of land or buildings.
Permanently protected green space: Permanently protected green space areas that are protected from
development such as wetlands, floodplains, drainage ways, steep slopes, lakeshores, certain woodlands, native
or restored habitat, and stormwater facilities.
Pervious surface: A surface which allows for precipitation from any source to infiltrate directly into the
ground.
Place of worship: A structure, together with its accessory structures and uses, where persons regularly
assemble for religious worship and is maintained and controlled by an organized religious body organized to
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sustain public worship, which is exempt from federal income tax as regulated by the Internal Revenue Service
Code.
Plat: A map or drawing which graphically delineates the boundary of land lots/parcels for the purpose of
identification and record title.
Pole building: A typically metal-clad structure most often utilizing wooden poles and trusses for support
with unfinished, uninsulated interiors. Such structures are normally used for agricultural purposes, for
construction trade storage, or for general storage, and are not intended for human occupancy.
Porch: A covered platform at an entrance to a dwelling, which is not heated or cooled or used for livable
space, that is attached to the outside of a building. The post of the porch is considered the wall for setback
purposes.
Principal structure: The building containing the principal use, including the foundation, basement, and attic.
When calculating area, attached residential accessory structures such as attached garages, attached garden
sheds, and attached pool houses are not considered part of the principal structure.
Principal use: The main use to which a parcel is devoted and the main purpose for which the premises
exists.
Public improvement: Any improvement, facility, or service, together with customary improvements and
appurtenances thereto, necessary to provide for public needs, such as: streets, roads, alleys, or pedestrian
walks or paths; storm sewers; flood control improvements; water supply and distribution facilities; sanitary
sewage disposal and treatment; and public utility and energy services.
Recreational equipment: Equipment used by residents of a principal building on-premise including but not
limited to swimming pools, swings, slides, climbers, teeter-totters, play-forts, sandboxes, supports for
basketball baskets and backboards, badminton nets and similar equipment, but not including recreational
vehicles normally utilized off-premise, including but not limited to boats, trailers, campers, travel trailers and
snowmobiles.
Recreational vehicle: A term encompassing any type of vehicle used primarily for recreational pleasure.
Examples include but not limited to travel trailers, motor homes, boats, all-terrain vehicles, snowmobiles, etc.
Recreational vehicles shall include any mobile structure designed for temporary occupancy, but shall exclude
manufactured homes.
Regional flood: A flood determined by the Wisconsin Department of Natural Resources which is
representative of large floods known to have occurred generally in Wisconsin and reasonably characteristic of
what can be expected to occur on a particular stream. The regional flood generally has an average frequency
in the order of the 100-year recurrence interval flood determined from an analysis of floods on a particular
stream and other streams in the same general region.
Residential use: The individual uses listed under “Dwelling Unit Type” in Section 30-75.
Riverwalk: A publicly-owned or privately-owned way, generally open to the sky and unobstructed by
buildings, that runs along the river edge and is open to the public. It may include, without limitation, any
combination of open space, paved areas, landscaped areas, pedestrian paths, and pedestrian furnishings.
Roommate living arrangement POLCY QUESTION: A residential land use in which a dwelling unit is
shared by four or five adults who are not members of the same family.
Rummage sale: See “Garage or Estate Sale” in Article III.
Scale (of development): A term used to describe the gross floor area, height, or volume of a single structure
or group of structures.
Setback: The shortest distance between the exterior of a building or structure and the nearest point on the
referenced lot line, excluding permitted projections per Section 30-114.
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Sign: See Section 30-271(1).
Sign band: A horizontal area on the façade of a building located between the transom and the cornice, which
is typically opaque and provides a location for signage indicating the name of the establishment.
Sill: A horizontal, lower member or bottom of a door or window casing.
Single family dwelling unit: A dwelling unit type that consists of a fully detached single family residence
which is located on an individual lot. Single family dwelling units are designed for one family (Family
Residential) and have no roof, wall, or floor in common with any other dwelling unit. A single family dwelling
that contains an in-family suite is still considered a single family dwelling.
Single family living arrangement: Occupancy of a dwelling unit by no more than 1 family.
Site area: See gross site area.
Site plan: See Section 30-385.
Slope: An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical
magnitude. (Example: 3:1 slope is 3 feet horizontal and 1 foot vertical).
Start of construction: The date the building permit is issued, provided the actual start of activity was within
365 calendar days of the permit date. The actual start of activity means the first placement of permanent
construction on the site. Permanent construction does not include land preparation, such as clearing, grading
and filling; nor does it include the installation of public streets and/or walkways; nor does it include
excavation for basement, footings, piers, or foundations; nor does it include the erection of temporary forms.
Steep slope: Steep slopes are areas which contain a ratio of horizontal magnitude to vertical magnitude of 8:1
(gradient of 12 percent or greater).
Street terrace: The space between the sidewalk and the curb, or the equivalent space where sidewalk or curb
are not installed.
Story: That portion of a building, other than a basement, that is between the surface of any floor and the
surface of the next floor above it or, if there is not a floor above, then the space between such floor and the
ceiling next above it.
Street: A right-of-way for vehicular and pedestrian traffic, whether designated as a street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated
and includes all of the area between the roadway or right-of-way lines.
Substandard lot: A lot of record which lawfully existed prior to this Chapter, which would not conform to
the applicable regulations if the lot were to be created under the current provisions of this Chapter.
Structure: Anything constructed or erected, the use of which requires a more or less permanent location on
the ground, or attached to something having a permanent location on the ground, excluding landscape
features, fences, public utilities, and other minor site improvements.
Temporary use: A land use which is present on a property for a limited and specified period of time. See
Section 30-87.
Transom: A horizontal bar of stone, wood or glass across the opening of a door or window.
Two family residential: A building designed for two separate dwelling units in which one dwelling unit may
have a roof, wall, or floor in common with another dwelling unit. For the purposes of this Chapter, Duplex,
Twin House, and Two Flat dwellings are considered to be two family residential. A single family dwelling
with an attached accessory dwelling unit is not a two family dwelling.
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Sections 30-23 to 30-29: Reserved
Draft #6 17 July 22, 2016
Unnecessary hardship: The circumstance where special conditions affecting a particular property, which
were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage,
height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance.
Use: The purpose for which land or a building or structure is arranged, designed, or intended, or for which it
is, or may be, occupied or maintained.
Variance: A relaxation of the terms of this Chapter where such variance will not be contrary to the public
interest and where, owing to conditions peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the Chapter would result in unnecessary and undue hardship.
Vision triangle: See Section 30-174(4).
Waterfront setback: The shortest distance between the exterior of a building or structure and the nearest
point on the Ordinary High Water Mark, excluding permitted projections per Section 30-114.
Wetland: An area that is saturated by surface water or groundwater, with vegetation adapted for life under
those soil conditions. See also Section 23.32(1), Wis. Stats.
Wharf: Any structure in navigable waters extending along the shore and generally connected with the uplands
throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading
or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat
lift, and the hoist or lift may be permanent or may be removed seasonally.
Woodland: Areas of trees whose combined canopies cover a minimum of 80 percent of an area of one acre
or more, as shown on USGS 7.5 minute topographic maps for the City of Oshkosh and its environs.
Yard: An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward
except as otherwise provided in this Chapter.
Yard, front: A yard extending across the full width of the lot, the depth of which is the minimum horizontal
distance between the front lot line and a line parallel thereto on the lot.
Yard, rear: A yard extending across the full width of the lot, the depth of which is the minimum distance
between the rear lot line and a line parallel thereto on the lot.
Yard, side: A yard extending from the front yard to the rear yard, the width of which is the minimum
horizontal distance between the side lot line and a line parallel thereto on the lot.
Yard, street side: For corner lots, the yard between the front and rear lot lines, extending from the street
side lot line to the nearest part of the nearest building or structure.
Yard, waterfront: A yard on a waterfront lot extending across the full width of the lot, the depth of which is
the minimum distance between the Fox River, Lake Winnebago, or Lake Butte des Morts and a line parallel
thereto on the lot.
Zoning map, official: The map adopted and designated by the City as being the “Official Zoning Map.”
Sections 30-23 to 30-29: Reserved
City of Oshkosh Zoning Ordinance Article I: Introduction and Definitions
Sections 30-23 to 30-29: Reserved
Draft #6 18 July 22, 2016
Page intentionally left blank.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-30: Purpose
Draft #6 19 July 22, 2016
ARTICLE II: ESTABLISHMENT OF ZONING DISTRICTS
Section 30-30: Purpose
The area located within the jurisdiction of this Chapter is hereby divided into zoning districts of such number
as is necessary to achieve compatibility of land uses within each district, to implement the City of Oshkosh
Comprehensive Plan, and to achieve the other purposes of this Chapter.
Section 30-31: Standard Zoning Districts
For the purpose of this Chapter, all areas within the jurisdiction of this Chapter are hereby divided into the
following standard zoning districts. See Article VI for overlay zoning districts and the Traditional
Neighborhood Development Overlay District.
Residential Zoning Districts
SR-2 Single Family Residential – 2
SR-3 Single Family Residential – 3
SR-5 Single Family Residential – 5
SR-9 Single Family Residential – 9
DR-6 Duplex Residential – 6
TR-10 Two Family Residential – 10
MR-12 Multi-Family Residential – 12
MR-20 Multi-Family Residential – 20
MR-36 Multi-Family Residential – 36
MH-9 Mobile Home Residential – 9
Nonresidential Zoning Districts
Agricultural
RH-35 Rural Holding – 35
Commercial
I Institutional Use
NMU Neighborhood Mixed Use
SMU Suburban Mixed Use
UMU Urban Mixed Use
CMU Central Mixed Use
RMU Riverfront Mixed Use
Industrial
BP Business Park
UI Urban Industrial
HI Heavy Industrial
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-32: Map of Standard Zoning Districts
Draft #6 20 July 22, 2016
Section 30-32: Map of Standard Zoning Districts
Zoning districts established by this Chapter are shown on the Official Zoning Map of the City of Oshkosh,
which together with all explanatory materials thereon, is hereby made part of this Chapter.
Section 30-33: Interpretation of Zoning District Boundaries
The following rules shall be used to determine the precise location of any zoning district boundary shown on
the Official Zoning Map of the City of Oshkosh:
(1) Zoning district boundaries shown as following or approximately following the limits of any city, town,
or county boundary shall be construed as following such limits.
(2) Zoning district boundaries shown as following or approximately following streets or railroad lines shall
be construed as following the centerline of such streets or railroad lines.
(3) Zoning district boundary lines shown as following or approximately following platted lot lines or other
property lines as shown on the City of Oshkosh or Winnebago County tax maps shall be construed as
following such lines.
(4) Zoning district boundaries shown as following or approximately following the centerlines of streams,
rivers, or other continuously flowing watercourses shall be construed as following the channel
centerlines of such watercourses, and, in the event of a natural change in the location of such streams,
rivers, or other watercourses, the zoning district boundary shall be construed as moving with the
channel centerline.
(5) Zoning district boundaries shown as following or approximately following ridgelines or watershed
boundaries shall be construed as following such lines.
(6) Zoning district boundaries shown as separated from, any of the features listed in paragraphs (1)
through (5), above, shall be construed to be at such distances there from as are shown on the Official
Zoning Map.
(7) Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on
the Official Zoning Map, the location of the line shall be determined by the Director of Community
Development, or designee.
Section 30-34: Description and Purpose of Zoning Districts
The following Sections specify the description and purpose of the standard zoning districts established by this
Chapter, establish principal and accessory uses permitted by right or as conditional uses, establish bulk,
density, and intensity standards, and reference other applicable regulations. Definitions and regulations for
land uses are provided in Article III. Section 30-74 includes a Table of Land Uses indicating which land uses
are allowed in each zoning district, and whether they are permitted by right, by conditional use, as accessory
uses, or as temporary uses.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-35: (RH-35) Rural Holding Zoning District
Draft #6 21 July 22, 2016
Section 30-35: (RH-35) Rural Holding Zoning District
(1) Intent. This district intended to permit very low density single family detached residential development
at a density of no more than one dwelling unit for every 35 gross acres. This district acts as a “holding
zone” to preserve productive agricultural lands in the long-term, protect existing farm operations from
encroachment by incompatible uses, promote further investments in farming, and may maintain
eligibility for farming incentive programs.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit (35-acre lot)
(b) Single Family Living Arrangement
(c) Cultivation
(d) Community Garden
(e) Market Garden
(f) Outdoor Open Space Institutional
(g) Passive Outdoor Recreation
(h) Active Outdoor Recreation
(i) Essential Services
(j) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(k) Artisan Production Shop
(l) Commercial Kitchen
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Single Family Dwelling Unit (20,000-sq. ft. to 2-acre lot)
(b) Roommate Residential Living Arrangement
(c) Husbandry
(d) On-Site Agricultural Retail
(e) Intensive Agriculture
(f) Agricultural Services
(g) Indoor Institutional
(h) Large Scale Public Services and Utilities
(i) Commercial Animal Boarding/Daycare
(j) Bed and Breakfast
(k) Vacation Rental Home
(l) Campground
(m) Indoor Maintenance Service
(n) Outdoor Maintenance Service
(o) Water-Related Recreation
(p) Intensive Outdoor Activity
(q) Heavy Industrial
(r) Indoor Food Production or Production Greenhouse
(s) Indoor Storage and Wholesaling
(t) Outdoor Storage and Wholesaling
(u) Personal Storage Facility
(v) Transit Center
(w) Airport
(x) Heliport
(y) Communication Tower
(z) Extraction
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-35: (RH-35) Rural Holding Zoning District
Draft #6 22 July 22, 2016
(aa) Composting
(bb) Recycling and Waste Disposal
(cc) Salvage or Junkyard
(dd) Sand and Mineral Processing
(ee) Large Wind Energy System
(ff) Large Solar Energy System
(gg) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Residential Kennel
(e) Home Occupation
(f) In-Home Daycare (4-8 children)
(g) In-Family Suite
(h) Farm Residence
(i) Nonresidential Accessory Structure
(j) Residential Stable
(k) On-Site Parking Lot
(l) Company Cafeteria
(m) Incidental Outdoor Storage
(n) Satellite Dish
(o) Personal Antenna and Towers
(p) Communication Antenna
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Migrant Employee Housing
(b) On-Site Structured Parking
(c) Small Wind Energy System
(d) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Garage or Estate Sale
(d) Farmer’s Market
(e) Temporary Farm Product Sales
(f) Temporary Outdoor Sales*
(g) Temporary Outdoor Assembly*
(h) Temporary On-Site Construction Storage*
(i) Temporary Contractor’s Project Office*
(j) Temporary On-Site Real Estate Sales Office*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-35: (RH-35) Rural Holding Zoning District
Draft #6 23 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (RH-35) Rural Holding District.
Regulation
Maximum Residential Density* 1 dwelling unit per 35 acres*
Minimum Lot Area* 20,000 square feet*
Maximum Lot Area 2 acres
Maximum Impervious Surface Ratio 40 percent
Minimum Lot Width 100 feet
Minimum Lot Depth 120 feet
Minimum Lot Frontage at Right-of-Way 100 feet
Minimum Front Setback 30 feet
Minimum Street Side Setback (on corner
lots) 30 feet
Minimum Side Setback 20 feet
Minimum Rear Setback 50 feet
Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area 800 square feet
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the principal
structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 20 feet
Minimum Rear Setback 5 feet 50 feet
Maximum Height Lesser of 18 feet or 1 story 45 feet
*Note: This district is designed to allow the property owner to create one new lot (with a minimum lot area of
20,000 square feet and a maximum lot area of 2 acres) from a “parent lot” of between 1 and 70 acres. The
new lot may include the existing residence, allowing the rest of the undeveloped original lot to be sold. The
required maximum residential density of one dwelling per 35 acres is intended to retain agricultural or other
rural uses until urban services are available to enable a zoning map amendment to a development-oriented
zoning district.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-36: (SR-2) Single Family Residential–2 Zoning District
Draft #6 24 July 22, 2016
Section 30-36: (SR-2) Single Family Residential–2 Zoning District
(1) Intent. This district intended to preserve and enhance existing areas of very low density single family
detached dwellings. Unlike the case for the (RH-35) Rural Holding District, the land use standards for
this district permit primarily single-family detached residential development at an approximate density
of 2 dwelling units per acre and a variety of related institutional land uses, and are not oriented to a
wide range of agricultural activities.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Single Family Living Arrangement
(c) Community Garden
(d) Outdoor Open Space Institutional
(e) Passive Outdoor Recreation
(f) Active Outdoor Recreation
(g) Essential Services
(h) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Roommate Residential Living Arrangement
(b) Cultivation
(c) Indoor Institutional
(d) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(e) Bed and Breakfast
(f) Vacation Rental Home
(g) Communication Tower
(h) Large Wind Energy System
(i) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Residential Kennel
(e) Home Occupation
(f) In-Home Daycare (4-8 children)
(g) In-Family Suite
(h) Nonresidential Accessory Structure
(i) On-Site Parking Lot
(j) Satellite Dish
(k) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) On-Site Structured Parking
(b) Communication Antenna
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-36: (SR-2) Single Family Residential–2 Zoning District
Draft #6 25 July 22, 2016
(c) Small Wind Energy System
(d) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
(7) Density, Intensity, and Bulk Regulations for the (SR-2) Single Family Residential – 2 District.
Requirement
Minimum Lot Area 20,000 square feet
Maximum Impervious Surface Ratio 40 percent
Minimum Lot Width 100 feet
Minimum Lot Depth 120 feet
Minimum Lot Frontage at Right-of-Way 50 feet
Minimum Front Setback 30 feet
Minimum Street Side Setback (on corner lots) 30 feet
Minimum Side Setback 10 feet
Minimum Rear Setback 30 feet
Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area 800 square feet
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal structure
Minimum Side Setback 3 feet 15 feet
Minimum Rear Setback 5 feet 30 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-37: (SR-3) Single Family Residential–3 Zoning District
Draft #6 26 July 22, 2016
Section 30-37: (SR-3) Single Family Residential–3 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for moderate density single family
detached dwellings at an approximate density of 3 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Single Family Living Arrangement
(c) Community Garden
(d) Outdoor Open Space Institutional
(e) Passive Outdoor Recreation
(f) Active Outdoor Recreation
(g) Essential Services
(h) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Roommate Residential Living Arrangement
(b) Cultivation
(c) Indoor Institutional
(d) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(e) Bed and Breakfast
(f) Vacation Rental Home
(g) Communication Tower
(i) Large Wind Energy System
(j) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Residential Kennel
(e) Home Occupation
(f) In-Home Daycare (4-8 children)
(g) In-Family Suite
(h) Nonresidential Accessory Structure
(i) On-Site Parking Lot
(j) Satellite Dish
(k) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) On-Site Structured Parking
(b) Communication Antenna
(c) Small Wind Energy System
(d) Small Solar Energy System
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-37: (SR-3) Single Family Residential–3 Zoning District
Draft #6 27 July 22, 2016
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
(7) Density, Intensity, and Bulk Regulations for the (SR-3) Single Family Residential – 3 District.
Requirement
Minimum Lot Area 10,000 square feet
Maximum Impervious Surface Ratio 50 percent
Minimum Lot Width 80 feet
Minimum Lot Depth 120 feet
Minimum Lot Frontage at Right-of-Way 50 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is
maintained.
Minimum Side Setback 10 feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area 800 square feet
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 5 feet 25 feet
Maximum Height Lesser of 18 feet or 1
story Lesser of 18 feet or 1 story
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-38: (SR-5) Single Family Residential–5 Zoning District
Draft #6 28 July 22, 2016
Section 30-38: (SR-5) Single Family Residential–5 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for moderate density single family
detached dwellings at an approximate density of 5 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Single Family Living Arrangement
(c) Community Garden
(d) Outdoor Open Space Institutional
(e) Passive Outdoor Recreation
(f) Active Outdoor Recreation
(g) Essential Services
(h) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Roommate Residential Living Arrangement
(b) Cultivation
(c) Indoor Institutional
(d) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(e) Bed and Breakfast
(f) Vacation Rental Home
(g) Communication Tower
(h) Large Wind Energy System
(i) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Residential Kennel
(e) Home Occupation
(f) In-Home Daycare (4-8 children)
(g) In-Family Suite
(h) Nonresidential Accessory Structure
(i) On-Site Parking Lot
(j) Satellite Dish
(k) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) On-Site Structured Parking
(b) Communication Antenna
(c) Small Wind Energy System
(d) Small Solar Energy System
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-38: (SR-5) Single Family Residential–5 Zoning District
Draft #6 29 July 22, 2016
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
(7) Density, Intensity, and Bulk Regulations for the (SR-5) Single Family Residential – 5 District.
Requirement
Minimum Lot Area 7,200 square feet
Maximum Impervious Surface Ratio 50 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is
maintained.
Minimum Side Setback 7 ½ feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area 800 square feet
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-39: (SR-9) Single Family Residential–9 Zoning District
Draft #6 30 July 22, 2016
Section 30-39: (SR-9) Single Family Residential–9 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for moderate density single family
detached dwellings at an approximate density of 9 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Single Family Living Arrangement
(c) Community Garden
(d) Outdoor Open Space Institutional
(e) Passive Outdoor Recreation
(f) Active Outdoor Recreation
(g) Essential Services
(h) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Roommate Residential Living Arrangement
(b) Cultivation
(c) Indoor Institutional
(d) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(e) Bed and Breakfast
(f) Vacation Rental Home
(g) Communication Tower
(h) Large Wind Energy System
(i) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Residential Kennel
(e) Home Occupation
(f) In-Home Daycare (4-8 children)
(g) In-Family Suite
(h) Nonresidential Accessory Structure
(i) On-Site Parking Lot
(j) Satellite Dish
(k) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) On-Site Structured Parking
(b) Communication Antenna
(c) Small Wind Energy System
(d) Small Solar Energy System
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-39: (SR-9) Single Family Residential–9 Zoning District
Draft #6 31 July 22, 2016
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
(7) Density, Intensity, and Bulk Regulations for the (SR-9) Single Family Residential – 9 District.
Requirement
Minimum Lot Area 4,500 square feet
Maximum Impervious Surface Ratio 50 percent
Minimum Lot Width 40 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 25 feet
Minimum Front Setback Residential: 15 feet
Nonresidential: 25 feet
Minimum Street Side Setback (on corner
lots)
25 feet. May be reduced to 12 feet if Side Setback is
maintained.
Minimum Side Setback Residential: 5 feet
Nonresidential: 10 feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area 800 square feet
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-40: (DR-6) Duplex Residential–6 Zoning District
Draft #6 32 July 22, 2016
Section 30-40: (DR-6) Duplex Residential–6 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for single family detached and two
family attached dwellings at an approximate density of 6 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Twin House
(c) Duplex
(d) Single Family Living Arrangement
(e) Community Garden
(f) Outdoor Open Space Institutional
(g) Passive Outdoor Recreation
(h) Active Outdoor Recreation
(i) Essential Services
(j) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Roommate Residential Living Arrangement
(b) Cultivation
(c) Indoor Institutional
(d) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(e) Bed and Breakfast
(f) Communication Tower
(g) Large Wind Energy System
(h) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Residential Kennel
(e) Home Occupation
(f) In-Home Daycare (4-8 children)
(g) In-Family Suite
(h) Nonresidential Accessory Structure
(i) On-Site Parking Lot
(j) Satellite Dish
(k) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) On-Site Structured Parking
(b) Communication Antenna
(c) Small Wind Energy System
(d) Small Solar Energy System
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-40: (DR-6) Duplex Residential–6 Zoning District
Draft #6 33 July 22, 2016
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
(7) Density, Intensity, and Bulk Regulations for the (DR-6) Duplex Residential – 6 District.
Requirement
Minimum Lot Area 7,200 square feet
Maximum Impervious Surface Ratio 50 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots)
25 feet. May be reduced to 12 feet if Side Setback is
maintained.
Minimum Side Setback 7 ½ feet*
Minimum Rear Setback 25 feet
Maximum Principal Building Height Lesser of 35 feet or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley (if
applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-41: (TR-10) Two Flat Residential–10 Zoning District
Draft #6 34 July 22, 2016
Section 30-41: (TR-10) Two Flat Residential–10 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for single family detached and two
flat dwellings at an approximate density of 10 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Two Flat
(c) Single Family Living Arrangement
(d) Community Garden
(e) Outdoor Open Space Institutional
(f) Passive Outdoor Recreation
(g) Active Outdoor Recreation
(h) Essential Services
(i) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Roommate Residential Living Arrangement
(b) Cultivation
(c) Indoor Institutional
(d) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(e) Bed and Breakfast
(f) Communication Tower
(g) Large Wind Energy System
(h) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Residential Kennel
(e) Home Occupation
(f) In-Home Daycare (4-8 children)
(g) In-Family Suite
(h) Nonresidential Accessory Structure
(i) On-Site Parking Lot
(j) Satellite Dish
(k) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) On-Site Structured Parking
(b) Communication Antenna
(c) Small Wind Energy System
(d) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-41: (TR-10) Two Flat Residential–10 Zoning District
Draft #6 35 July 22, 2016
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
(7) Density, Intensity, and Bulk Regulations for the (TR-10) Two Flat Residential – 10 District.
Requirement
Minimum Lot Area 7,200 square feet
Maximum Impervious Surface Ratio 50 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots)
25 feet. May be reduced to 12 feet if Side Setback is
maintained.
Minimum Side Setback 7 ½ feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height Lesser of 35 feet
or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) See Article III
Minimum Parking Required 10 feet
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-42: (MR-12) Multi-Family Residential–12 Zoning District
Draft #6 36 July 22, 2016
Section 30-42: (MR-12) Multi-Family Residential–12 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for multi-family uses in small
buildings at medium densities, up to 12 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Two Flat
(c) Twin House
(d) Duplex
(e) Townhouse (3-8 units per building)
(f) Multiplex (3-8 units per building)
(g) Apartment (3-12 units per building)
(h) Single Family Living Arrangement
(i) Roommate Residential Living Arrangement (3+-unit buildings)
(j) Community Garden
(k) Outdoor Open Space Institutional
(l) Passive Outdoor Recreation
(m) Active Outdoor Recreation
(n) Essential Services
(o) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Apartment (13-20 units per building)
(b) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(c) Boarding House Living Arrangement
(d) Cultivation
(e) Indoor Institutional
(f) Institutional Residential
(g) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(h) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(i) Group Daycare Center
(j) Bed and Breakfast
(k) Apartments with Limited Commercial
(l) Transit Center
(m) Off-Site Parking Lot
(n) Off-Site Structured Parking
(k) Communication Tower
(l) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-42: (MR-12) Multi-Family Residential–12 Zoning District
Draft #6 37 July 22, 2016
(i) Satellite Dish
(j) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) On-Site Structured Parking
(c) Communication Antenna
(d) Small Wind Energy System
(e) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-42: (MR-12) Multi-Family Residential–12 Zoning District
Draft #6 38 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (MR-12) Multi-Family Residential – 12 District.
Requirement
Minimum Lot Area
7,200 square feet for single family or two flat dwelling units.
3,600 square feet per dwelling unit for all other dwelling unit
types.
Maximum Impervious Surface Ratio 60 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots) 25 feet
Minimum Side Setback 7 ½ feet for 1-story buildings, plus 3 feet for each additional
story*
Minimum Rear Setback 25 feet for 1- and 2-story buildings, plus 5 feet for each
additional story
Maximum Principal Building Height 45 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) See Article III
Minimum Parking Required 10 feet
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-43: (MR-20) Multi-Family Residential–20 Zoning District
Draft #6 39 July 22, 2016
Section 30-43: (MR-20) Multi-Family Residential–20 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for multi-family uses in small and
mid-sized buildings at higher densities, up to 20 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Two Flat
(c) Twin House
(d) Duplex
(e) Townhouse (3-8 units per building)
(f) Multiplex (3-8 units per building)
(g) Apartment (3-20 units per building)
(h) Single Family Living Arrangement
(i) Roommate Residential Living Arrangement (3+-unit buildings)
(j) Community Garden
(k) Outdoor Open Space Institutional
(l) Passive Outdoor Recreation
(m) Active Outdoor Recreation
(n) Essential Services
(o) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Apartment (21-36 units per building)
(b) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(c) Boarding House Living Arrangement
(d) Cultivation
(e) Indoor Institutional
(f) Institutional Residential
(g) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(h) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(i) Group Daycare Center
(j) Bed and Breakfast
(k) Apartments with Limited Commercial
(l) Transit Center
(m) Off-Site Parking Lot
(n) Off-Site Structured Parking
(o) Communication Tower
(p) Large Wind Energy System
(q) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-43: (MR-20) Multi-Family Residential–20 Zoning District
Draft #6 40 July 22, 2016
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
(i) Satellite Dish
(j) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) On-Site Structured Parking
(c) Communication Antenna
(d) Small Wind Energy System
(e) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-43: (MR-20) Multi-Family Residential–20 Zoning District
Draft #6 41 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (MR-20) Multi-Family Residential – 20 District.
Requirement
Minimum Lot Area
7,200 square feet for single family or two flat dwelling
units.
2,000 square feet per dwelling unit for all other dwelling
unit types.
Maximum Impervious Surface Ratio 65 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots) 25 feet
Minimum Side Setback
7 ½ feet for buildings with four or fewer units.*
7 ½ feet plus 3 feet for each additional story for buildings
with 5 or more units.*
Minimum Rear Setback 25 feet for 1- and 2-story buildings. plus 5 feet for each
additional story
Maximum Principal Building Height 45 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) See Article III
Minimum Parking Required 10 feet
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-44: (MR-36) Multi-Family Residential–36 Zoning District
Draft #6 42 July 22, 2016
Section 30-44: (MR-36) Multi-Family Residential–36 Zoning District
(1) Intent. This district intended to create, preserve, and enhance areas for multi-family uses in small and
mid-sized buildings at higher densities, up to 36 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Two Flat
(c) Twin House
(d) Duplex
(e) Townhouse (3-8 units per building)
(f) Multiplex (3-8 units per building)
(g) Apartment (3-36 units per building)
(h) Single Family Living Arrangement
(i) Roommate Residential Living Arrangement (3+-unit buildings)
(j) Community Garden
(k) Outdoor Open Space Institutional
(l) Passive Outdoor Recreation
(m) Active Outdoor Recreation
(n) Essential Services
(o) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Apartment (37+ units per building)
(b) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(c) Boarding House Living Arrangement
(d) Cultivation
(e) Indoor Institutional
(f) Institutional Residential
(g) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(h) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(i) Group Daycare Center
(j) Bed and Breakfast
(k) Apartments with Limited Commercial
(l) Transit Center
(m) Off-Site Parking Lot
(n) Off-Site Structured Parking
(o) Communication Tower
(p) Large Wind Energy System
(q) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-44: (MR-36) Multi-Family Residential–36 Zoning District
Draft #6 43 July 22, 2016
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
(i) Satellite Dish
(j) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) On-Site Structured Parking
(c) Communication Antenna
(d) Small Wind Energy System
(e) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Temporary Outdoor Assembly*
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-44: (MR-36) Multi-Family Residential–36 Zoning District
Draft #6 44 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (MR-36) Multi-Family Residential – 36 District.
Requirement
Minimum Lot Area
7,200 square feet for single family or two flat dwelling units.
1,200 square feet per dwelling unit for all other dwelling unit
types.
Maximum Impervious Surface Ratio 70 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots) 25 feet
Minimum Side Setback
7 ½ feet for buildings with four or fewer units.*
7 ½ feet plus 3 feet for each additional story for buildings
with 5 or more units.*
Minimum Rear Setback 25 feet for 1- and 2-story buildings. plus 5 feet for each
additional story
Maximum Principal Building Height 65 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) See Article III
Minimum Parking Required 10 feet
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1 story
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-45: (MH-9) Mobile Home Residential–9 Zoning District
Draft #6 45 July 22, 2016
Section 30-45: (MH-9) Mobile Home Residential–9 Zoning District
(1) Intent. This district intended to create, preserve, and enhance subdivisions exclusively for mobile home
developments at an approximate density of 9 dwelling units per acre. The regulations for Mobile
Homes and Mobile Home Parks contained in Chapter 16, Division 3, of the Oshkosh Municipal Code
shall apply in addition to the requirements of this zoning district. Where there are conflicts between
this ordinance and Chapter 16, the more restrictive regulations shall apply.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Mobile Home
(b) Mobile Home Subdivision
(c) Single Family Living Arrangement
(d) Community Garden
(e) Outdoor Open Space Institutional
(f) Passive Outdoor Recreation
(g) Active Outdoor Recreation
(h) Essential Services
(i) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Mobile Home Park
(b) Roommate Residential Living Arrangement
(c) Cultivation
(d) Indoor Institutional
(e) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(f) Communication Tower
(g) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
(i) Satellite Dish
(j) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) On-Site Structured Parking
(c) Communication Antenna
(d) Small Wind Energy System
(e) Small Solar Energy System
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-45: (MH-9) Mobile Home Residential–9 Zoning District
Draft #6 46 July 22, 2016
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Garage or Estate Sale
(c) Farmer’s Market
(d) Temporary Outdoor Assembly*
(e) Temporary On-Site Construction Storage*
(f) Temporary Contractor’s Project Office*
(g) Temporary On-Site Real Estate Sales Office*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-45: (MH-9) Mobile Home Residential–9 Zoning District
Draft #6 47 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (MH-9) Mobile Home Residential – 9 District. (A
mobile home that is replacing an existing unit can meet either the following table or the setbacks met
by the existing unit, whichever are less restrictive.)
Mobile Home
Subdivision or
Park
Mobile Home Lot
or Leased Space Nonresidential Uses
Minimum Zoning District Area 10 acres
Must be within a
Mobile Home
Subdivision or
Park
Must be within a
Mobile Home
Subdivision or Park
Minimum Lot or Leased Space Area N/A 4,500 square feet 9,000 square feet
Maximum Impervious Surface Ratio 50 percent 75 percent 50 percent
Minimum Lot or Leased Space Width 100 feet 45 feet 66 feet
Minimum Lot or Leased Space Depth 150 feet 100 feet 100 feet
Minimum Lot or Leased Space
Frontage at Right-of-Way or Private
Drive Edge
100 feet 25 feet 30 feet
Minimum Subdivision
or Park Perimeter Setback
20 feet along all
perimeter
boundaries in
addition to all
other required
setbacks
N/A N/A
Minimum Front Setback 20 feet 25 feet
Minimum Street Side Setback
(on corner lots or leased spaces) 10 feet 25 feet
Minimum Side Setback 5 feet 10 feet
Minimum Rear Setback 10 feet 10 feet
Maximum Principal Building Height N/A Lesser of 20 feet
or 1 story 20 feet
Minimum Building Separation N/A 10 feet 20 feet
Minimum Parking Required N/A See Article III See Article III
Minimum Garage Door or Carport
Setback to Alley (if applicable) N/A 10 feet 10 feet
Minimum Dwelling Unit Structure
Area N/A 500 square feet N/A
Accessory Buildings:
Mobile Home
Subdivision or
Park
Mobile Home Lot
or Leased Space Nonresidential Uses
Minimum Front Setback N/A Even with or
behind principal
structure
Even with or behind
principal structure
Minimum Side Setback N/A 3 feet 3 feet
Minimum Rear Setback N/A 3 feet 3 feet
Maximum Height N/A Lesser of 18 feet
or 1 story
Lesser of 18 feet
or 1 story
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Sections 30-46 to 30-49: Reserved
Draft #6 48 July 22, 2016
Sections 30-46 to 30-49: Reserved
Section 30-50: (I) Institutional Zoning District
(1) Intent. This district is intended to permit both large- and small-scale institutional development
including those on single sites within larger areas of both residential and nonresidential zoning districts.
Residential uses are intended to occur at an approximate density of 1 dwelling unit per acre. This
district avoids the creation of commercial spot zone intrusions in primarily residential or industrial
areas where spots of commercial zoning may be incompatible.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Community Garden
(b) Outdoor Open Space Institutional
(c) Passive Outdoor Recreation
(d) Active Outdoor Recreation
(e) Essential Services
(f) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(g) Office
(h) Personal or Professional Service
(i) Artisan Production Shop
(j) Physical Activity Studio
(k) Commercial Kitchen
(l) Group Daycare Center
(m) Indoor Maintenance Service
(n) Off-Site Parking Lot
(o) Off-Site Structured Parking
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Roommate Residential Living Arrangement
(b) Boarding House Living Arrangement
(c) Cultivation
(d) Market Garden
(e) Indoor Institutional
(f) Large Scale Public Service and Utilities
(g) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(h) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(i) Institutional Residential
(j) Indoor Sales or Service
(k) Restaurants, Taverns, and Indoor Commercial Entertainment
(l) Outdoor Commercial Entertainment
(m) Commercial Indoor Lodging
(n) Campground
(o) Water-Related Recreation
(p) Intensive Outdoor Activity
(q) Apartments with Limited Commercial
(r) Transit Center
(s) Airport
(t) Heliport
(u) Communication Tower
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-50: (I) Institutional Zoning District
Draft #6 49 July 22, 2016
(v) Large Wind Energy System
(w) Adaptive Reuse
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
(i) On-Site Structured Parking
(j) Company Cafeteria
(k) Incidental Indoor Sales
(l) Incidental Light Industrial
(m) Satellite Dish
(n) Personal Antenna and Towers
(o) Small Wind Energy System
(p) Small Solar Energy System
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) Incidental Outdoor Storage
(c) Communication Antenna
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary Outdoor Sales*
(e) Temporary Outdoor Assembly*
(f) Temporary On-Site Construction Storage*
(g) Temporary Contractor’s Project Office*
(h) Temporary On-Site Real Estate Sales Office*
(i) Temporary Relocatable Building*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-50: (I) Institutional Zoning District
Draft #6 50 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (I) Institutional District.
Requirement
Minimum Lot Area 7,200 square feet
Maximum Impervious Surface Ratio 60 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 30 feet
Minimum Street Side Setback (on corner
lots) 25 feet
Minimum Side Setback 7 ½ feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height Residential: Lesser of 35 feet or 2 ½ stories
Commercial: 45 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story Lesser of 18 feet or 1
story
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-51: (NMU) Neighborhood Mixed Use Zoning District
Draft #6 51 July 22, 2016
Section 30-51: (NMU) Neighborhood Mixed Use Zoning District
(1) Intent. This district is intended to permit residential development and small-scale commercial uses
compatible with adjacent residential uses and neighborhood character. Residential uses are intended to
occur at an approximate density of 10 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Dwelling Unit
(b) Two Flat
(c) Single Family Living Arrangement
(d) Roommate Residential Living Arrangement (3+-unit buildings)
(e) Outdoor Open Space Institutional
(f) Passive Outdoor Recreation
(g) Active Outdoor Recreation
(h) Essential Services
(i) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(j) Office
(k) Personal or Professional Service
(l) Indoor Sales or Service
(m) Artisan Production Shop
(n) Commercial Kitchen
(o) Bed and Breakfast
(p) Indoor Maintenance Service
(q) Apartments with Limited Commercial
(r) Mixed Use Building
(s) Live/Work Unit
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Twin House
(b) Duplex
(c) Townhouse (3-4 units per building)
(d) Multiplex (3-4 units per building)
(e) Apartment (3-4 units per building)
(f) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(g) Boarding House Living Arrangement
(h) Cultivation
(i) Community Garden
(j) Market Garden
(k) Indoor Institutional
(l) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(m) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(n) Physical Activity Studio
(o) Restaurants, Taverns, and Indoor Commercial Entertainment
(p) Outdoor Commercial Entertainment
(q) Drive-Through and In-Vehicle Sales or Service
(r) Group Daycare Center
(s) Commercial Animal Boarding/Daycare
(t) Commercial Indoor Lodging
(u) Vehicle Sales
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-51: (NMU) Neighborhood Mixed Use Zoning District
Draft #6 52 July 22, 2016
(v) Vehicle Service and Repair
(w) Intensive Outdoor Activity
(x) Light Industrial
(y) Transit Center
(z) Off-Site Parking Lot
(aa) Off-Site Structured Parking
(bb) Communication Tower
(cc) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
(i) Company Cafeteria
(j) Incidental Outdoor Display
(k) Incidental Indoor Sales
(l) Incidental Light Industrial
(m) Satellite Dish
(n) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) On-Site Structured Parking
(c) Incidental Outdoor Storage
(d) Communication Antenna
(e) Small Wind Energy System
(f) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary Outdoor Sales*
(e) Temporary Outdoor Assembly*
(f) Temporary On-Site Construction Storage*
(g) Temporary Contractor’s Project Office*
(h) Temporary On-Site Real Estate Sales Office*
(i) Temporary Relocatable Building*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-51: (NMU) Neighborhood Mixed Use Zoning District
Draft #6 53 July 22, 2016
(1) Density, Intensity, and Bulk Regulations for the (NMU) Neighborhood Mixed Use District.
Requirement
Minimum Lot Area
7,200 square feet for single family or two flat dwelling
units.
1,200 square feet per dwelling unit for all other dwelling
unit types.
Maximum Impervious Surface Ratio 50 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner lots) 25 feet. May be reduced to 12 feet if Side Setback is
maintained.
Minimum Side Setback 7 ½ feet*
Minimum Rear Setback 25 feet
Maximum Principal Building Height Lesser of 35 feet
or 2 ½ stories
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 0 or 5 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1
story Lesser of 18 feet or 1 story
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-52: (SMU) Suburban Mixed Use Zoning District
Draft #6 54 July 22, 2016
Section 30-52: (SMU) Suburban Mixed Use Zoning District
(1) Intent. This district intended to permit a wide range of large and small scale office, retail, service, and
lodging, and entertainment uses that are compatible with the desired community character. Residential
uses are intended to occur at an approximate density of up to 36 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Living Arrangement
(b) Roommate Residential Living Arrangement (3+-unit buildings)
(c) Outdoor Open Space Institutional
(d) Passive Outdoor Recreation
(e) Active Outdoor Recreation
(f) Essential Services
(g) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(h) Office
(i) Personal or Professional Service
(j) Indoor Sales or Service
(k) Artisan Production Shop
(l) Physical Activity Studio
(m) Commercial Kitchen
(n) Restaurants, Taverns, and Indoor Commercial Entertainment
(o) Drive-Through and In-Vehicle Sales or Service
(p) Group Daycare Center
(q) Commercial Indoor Lodging
(r) Indoor Maintenance Service
(s) Vehicle Sales
(t) Apartments with Limited Commercial
(u) Mixed Use Building
(v) Live/Work Unit
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Townhouse (3-8 units per building)
(b) Multiplex (3-8 units per building)
(c) Apartment (3+ units per building)
(d) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(e) Boarding House Living Arrangement
(f) Cultivation
(g) Community Garden
(h) Market Garden
(i) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(j) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(k) Outdoor Display
(l) Outdoor Commercial Entertainment
(m) Commercial Animal Boarding/Daycare
(n) Campground
(o) Vehicle Service and Repair
(p) Water-Related Recreation
(q) Light Industrial
(r) Indoor Food Production or Production Greenhouse
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-52: (SMU) Suburban Mixed Use Zoning District
Draft #6 55 July 22, 2016
(s) Indoor Storage and Wholesaling
(t) Personal Storage Facility
(u) Transit Center
(v) Off-Site Parking Lot
(w) Off-Site Structured Parking
(x) Communication Tower
(y) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
(i) On-Site Structured Parking
(j) Company Cafeteria
(k) Incidental Outdoor Display
(l) Incidental Indoor Sales
(m) Incidental Light Industrial
(n) Incidental Outdoor Storage
(o) Satellite Dish
(p) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) Communication Antenna
(c) Small Wind Energy System
(d) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary Outdoor Sales*
(e) Temporary Outdoor Assembly*
(f) Temporary On-Site Construction Storage*
(g) Temporary Contractor’s Project Office*
(h) Temporary On-Site Real Estate Sales Office*
(i) Temporary Relocatable Building*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-52: (SMU) Suburban Mixed Use Zoning District
Draft #6 56 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (SMU) Suburban Mixed Use District.
Requirement
Minimum Lot Area 10,000 square feet
Maximum Impervious Surface Ratio 70 percent
Minimum Lot Width 60 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots) 25 feet
Minimum Side Setback 10 feet*
Minimum Rear Setback 25 feet
Maximum Principal Building Height 45 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area
800 square feet for single family dwelling units.
1,200 square feet for two family dwelling units.
400 square feet per dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 3 feet 10 feet
Minimum Rear Setback 3 feet 25 feet
Maximum Height Lesser of 18 feet or 1 story 45 feet
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
(8) See Article VII for additional performance standards specific to the SMU district.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-53: (UMU) Urban Mixed Use Zoning District
Draft #6 57 July 22, 2016
Section 30-53: (UMU) Urban Mixed Use Zoning District
(1) Intent. This district is intended to permit areas, generally on the fringe of Downtown, that are mixed
use in character and establish standards that are compatible with the existing mix of land uses and
redevelopment objectives. This district is intended to provide for a variety of employment, retail and
community service opportunities, while allowing some residential uses at an approximate density of up
to 36 dwelling units per acre. Residential uses should not become the majority ground floor land use in
this district. Uses shall be compatible not only with other uses within the district, but land uses in
adjoining zoning districts as well.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Townhouse (3-8 units per building)
(b) Multiplex (3-8 units per building).
(c) Apartment (3-12 units per building)
(d) Single Family Living Arrangement
(e) Roommate Residential Living Arrangement (3+-unit buildings)
(f) Outdoor Open Space Institutional
(g) Passive Outdoor Recreation
(h) Active Outdoor Recreation
(i) Essential Services
(j) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(k) Office
(l) Personal or Professional Service
(m) Indoor Sales or Service
(n) Artisan Production Shop
(o) Physical Activity Studio
(p) Commercial Kitchen
(q) Restaurants, Taverns, and Indoor Commercial Entertainment
(r) Drive-Through and In-Vehicle Sales or Service
(s) Group Daycare Center
(t) Commercial Indoor Lodging
(u) Indoor Maintenance Service
(v) Vehicle Sales
(w) Vehicle Service and Repair
(x) Apartments with Limited Commercial
(y) Mixed Use Building
(z) Live/Work Unit
(aa) Off-Site Parking Lot
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Apartment (13+ units per building)
(b) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(c) Boarding House Living Arrangement
(d) Cultivation
(e) Community Garden
(f) Market Garden
(g) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(h) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(i) Outdoor Display
(j) Outdoor Commercial Entertainment
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-53: (UMU) Urban Mixed Use Zoning District
Draft #6 58 July 22, 2016
(k) Commercial Animal Boarding/Daycare
(l) Campground
(m) Water-Related Recreation
(n) Intensive Outdoor Activity
(o) Light Industrial
(p) Indoor Food Production or Production Greenhouse
(q) Indoor Storage and Wholesaling
(r) Personal Storage Facility
(s) Transit Center
(t) Off-Site Structured Parking
(u) Communication Tower
(v) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Residential Accessory Structure
(b) Recreational Facility
(c) Landscape Feature
(d) Home Occupation
(e) In-Home Daycare (4-8 children)
(f) In-Family Suite
(g) Nonresidential Accessory Structure
(h) On-Site Parking Lot
(i) On-Site Structured Parking
(j) Company Cafeteria
(k) Incidental Outdoor Display
(l) Incidental Indoor Sales
(m) Incidental Light Industrial
(n) Incidental Outdoor Storage
(o) Satellite Dish
(p) Personal Antenna and Towers
(q) Small Wind Energy System
(r) Small Solar Energy System
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Residential Kennel
(b) Communication Antenna
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary Outdoor Sales*
(e) Temporary Outdoor Assembly*
(f) Temporary On-Site Construction Storage*
(g) Temporary Contractor’s Project Office*
(h) Temporary On-Site Real Estate Sales Office*
(i) Temporary Relocatable Building*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-53: (UMU) Urban Mixed Use Zoning District
Draft #6 59 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (UMU) Urban Mixed Use District.
Residential Uses Nonresidential Uses
Minimum Lot Area 1,200 square feet per dwelling
unit None
Maximum Impervious Surface Ratio 50 percent 85 percent
Minimum Lot Width 60 feet 45 feet
Minimum Lot Depth 100 feet 100 feet
Minimum Lot Frontage at Right-of-Way 40 feet 40 feet
Minimum Front Setback 25 feet 0 feet
Minimum Street Side Setback (on
corner lots)
25 feet. May be reduced to 12
feet if Side Setback is
maintained.
0 feet
Minimum Side Setback 7 ½ feet* 0 or 5 feet
Minimum Rear Setback 25 feet 5 feet
Maximum Principal Building Height Lesser of 35 feet
or 2 ½ stories 45 feet
Minimum Principal Building Separation 10 feet 0 or 10 feet
Minimum Pavement Setback (lot line to
pavement; excludes driveway entrances) 5 feet 5 feet
Minimum Garage Door Setback to Alley
(if applicable) 10 feet 10 feet
Minimum Parking Required See Article III See Article III
Minimum Dwelling Unit Structure Area
500 square feet per dwelling
unit.
Minimum 400 square feet per
individual dwelling unit.
N/A
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal structure
Minimum Side Setback 3 feet 0 or 5 feet
Minimum Rear Setback 3 feet 5 feet
Maximum Height Lesser of 18 feet or 1 story 45 feet
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-54: (CMU) Central Mixed Use Zoning District
Draft #6 60 July 22, 2016
Section 30-54: (CMU) Central Mixed Use Zoning District
(1) Intent. This district is intended to permit both large- and small-scale downtown commercial
development at an intensity which provides significant incentives for infill development,
redevelopment, and the continued economic viability of existing development. The district is also
intended to retain the existing “Main Street” characteristics of the core blocks in Oshkosh’s historic
downtown. Residential uses are intended to occur at a minimum approximate density of 10 dwelling
units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Living Arrangement
(b) Roommate Residential Living Arrangement (3+-unit buildings)
(c) Outdoor Open Space Institutional
(d) Passive Outdoor Recreation
(e) Active Outdoor Recreation
(f) Essential Services
(g) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(h) Office
(i) Personal or Professional Service
(j) Indoor Sales or Service
(k) Artisan Production Shop
(l) Physical Activity Studio
(m) Commercial Kitchen
(n) Restaurants, Taverns, and Indoor Commercial Entertainment
(o) Group Daycare Center
(p) Commercial Indoor Lodging
(q) Indoor Maintenance Service
(r) Apartments with Limited Commercial
(s) Mixed Use Building
(t) Live/Work Unit
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Townhouse (3-8 units per building)
(b) Multiplex (3-8 units per building)
(c) Apartment (3+ units per building)
(d) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(e) Boarding House Living Arrangement
(f) Cultivation
(g) Community Garden
(h) Market Garden
(i) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(8)
(j) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(9)
(k) Outdoor Display
(l) Outdoor Commercial Entertainment
(m) Drive-Through and In-Vehicle Sales or Service
(n) Commercial Animal Boarding/Daycare
(o) Water-Related Recreation
(p) Intensive Outdoor Activity
(q) Transit Center
(r) Off-Site Parking Lot
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-54: (CMU) Central Mixed Use Zoning District
Draft #6 61 July 22, 2016
(s) Off-Site Structured Parking
(t) Communication Tower
(u) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Recreational Facility
(b) Landscape Feature
(c) Home Occupation
(d) Nonresidential Accessory Structure
(e) On-Site Parking Lot
(f) On-Site Structured Parking
(g) Company Cafeteria
(h) Incidental Indoor Sales
(i) Incidental Light Industrial
(j) Incidental Outdoor Storage
(k) Satellite Dish
(l) Personal Antenna and Towers
(m) Small Wind Energy System
(n) Small Solar Energy System
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements.
(a) Residential Accessory Structure
(b) In-Home Daycare 4-8 Children
(c) In-Family Suite
(d) Incidental Outdoor Display
(e) Communication Antenna
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary Outdoor Sales*
(e) Temporary Outdoor Assembly*
(f) Temporary On-Site Construction Storage*
(g) Temporary Contractor’s Project Office*
(h) Temporary On-Site Real Estate Sales Office*
(i) Temporary Relocatable Building*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-54: (CMU) Central Mixed Use Zoning District
Draft #6 62 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (CMU) Central Mixed Use District.
Requirement
Minimum Lot Area 1,200 square feet per dwelling unit
Maximum Impervious Surface Ratio None
Minimum Lot Width None
Minimum Lot Depth None
Minimum Lot Frontage at Right-of-Way None
Front Setback Minimum: None
Maximum: 5 feet
Street Side Setback (on corner lots) Minimum: None
Maximum: 5 feet
Minimum Side Setback 0 or 5 feet
Minimum Rear Setback 0 or 5 feet
Maximum Principal Building Height See Section 30-245(1)(e)3.
Minimum Principal Building Separation 0 or 10 feet
Minimum Pavement Setback (lot line to
pavement, excludes driveway entrances) 5 feet
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area 500 square feet per dwelling unit.
Minimum 400 square feet per individual dwelling unit.
Accessory Buildings: Residential Nonresidential
Minimum Front Setback Even with or behind the
principal structure
60 feet and at least 5 feet
behind the principal
structure
Minimum Side Setback 0 or 5 feet 0 or 5 feet
Minimum Rear Setback 0 or 5 feet 0 or 5 feet
Maximum Height Lesser of 18 feet or 1 story 45 feet
(8) See Section 30-245(1) for design standards applicable to the CMU district.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-55: (RMU) Riverfront Mixed Use Zoning District
Draft #6 63 July 22, 2016
Section 30-55: (RMU) Riverfront Mixed Use Zoning District
(1) Intent. This district intended to protect aesthetics and water quality while accommodating the wide
variety of both indoor and outdoor land uses that benefit from locating adjacent to the Fox River.
Residential uses are intended to occur at a minimum approximate density of 10 dwelling units per acre.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Single Family Living Arrangement
(b) Roommate Residential Living Arrangement (3+-unit buildings)
(c) Outdoor Open Space Institutional
(d) Passive Outdoor Recreation
(e) Essential Services
(f) Community Living Arrangement (1-8 residents) meeting the requirements of Section 30-77(7)
(g) Office
(h) Personal or Professional Service
(i) Indoor Sales or Service
(j) Artisan Production Shop
(k) Physical Activity Studio
(l) Commercial Kitchen
(m) Restaurants, Taverns, and Indoor Commercial Entertainment
(n) Commercial Indoor Lodging
(o) Apartments with Limited Commercial
(p) Mixed Use Building
(q) Live/Work Unit
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Townhouse (3-8 units per building)
(b) Multiplex (3-8 units per building)
(c) Apartment (3+ units per building)
(d) Roommate Residential Living Arrangement (1- to 2-unit buildings)
(e) Cultivation
(f) Community Garden
(g) Active Outdoor Recreation
(h) Outdoor Display
(i) Outdoor Commercial Entertainment
(j) Drive-Through and In-Vehicle Sales or Service
(k) Group Daycare Center
(l) Water-Related Recreation
(m) Intensive Outdoor Activity
(n) Transit Center
(o) Off-Site Parking Lot
(p) Off-Site Structured Parking
(q) Communication Tower
(r) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Recreational Facility
(b) Landscape Feature
(c) Home Occupation
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-55: (RMU) Riverfront Mixed Use Zoning District
Draft #6 64 July 22, 2016
(d) Nonresidential Accessory Structure
(e) On-Site Parking Lot
(f) On-Site Structured Parking
(g) Company Cafeteria
(h) Satellite Dish
(i) Personal Antenna and Towers
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements.
(a) In-Home Daycare 4-8 Children
(b) In-Family Suite
(c) Incidental Outdoor Display
(d) Incidental Outdoor Storage
(e) Communication Antenna
(f) Small Wind Energy System
(g) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary Outdoor Assembly*
(e) Temporary On-Site Construction Storage*
(f) Temporary Contractor’s Project Office*
(g) Temporary On-Site Real Estate Sales Office*
(h) Temporary Relocatable Building*
(7) Waterfront lots shall provide a 30-foot-wide building setback adjacent to the Ordinary High Water
Mark.
(8) New developments shall provide a 10-foot-wide public access easement connecting to the Fox River
along one side property. This requirement shall be at the discretion of the City.
(9) New principal buildings on waterfront lots shall be designed so that any point of the exterior wall
closest to the Fox River is located at least 30 feet but no more than 45 feet from the Ordinary High
Water Mark. See Figure 30-55.
(a) Additionally, this requirement shall apply to all lots that are not waterfront lots that have a rear
lot line within 45 feet of the Ordinary High Water Mark. See Figure 30-55.
(b) If the above requirement would require a building to be located in a floodway, the building’s
exterior wall closest to the Fox River shall instead be located at least 3 feet but no more than 15
feet from the floodway boundary.
(c) Public patios and plazas immediately adjacent to the principal building shall count as part of the
building for the purpose of meeting this requirement.
(10) Vehicle parking areas are not permitted in rear yards or waterfront yards. Side yard parking shall be no
closer to the Fox River than the principal structure.
(11) Accessory buildings are not permitted in waterfront yards, with the following exceptions: gazebos,
detached decks and patios, and similar structures as determined by the Director of Community
Development, or designee.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-55: (RMU) Riverfront Mixed Use Zoning District
Draft #6 65 July 22, 2016
(12) Outdoor storage including exterior trash storage shall not be located in the waterfront yard. Outdoor
storage in the side yard shall be no closer to the river than the principal structure.
(13) Density, Intensity, and Bulk Regulations for the (RMU) Riverfront Mixed Use District.
All lots Requirement
Minimum Lot Area Residential: 1,200 square feet per dwelling unit.
Nonresidential: 10,000 square feet.
Maximum Impervious Surface 80 percent
Minimum Lot Width 40 feet
Minimum Lot Depth None
Minimum Lot Frontage at Right-of-Way 40 feet
Maximum Principal Building Height None
Minimum Principal Building Separation 0 or 10 feet
Minimum Pavement Setback
(pedestrian uses only) 0 feet
Minimum Garage Door Setback to Alley (if
applicable) 10 feet
Minimum Parking Required See Article III
Minimum Dwelling Unit Structure Area 500 square feet per dwelling unit.
Minimum 400 square feet per individual dwelling unit.
Waterfront Lots
Minimum Waterfront Setback 30 feet from the Ordinary High Water Mark, unless
permitted per Section 30-55(11)
Maximum Waterfront Setback 45 feet from the Ordinary High Water Mark
Minimum Street Setback 10 feet
Minimum Side Setback 10 feet*
Minimum Vehicle Parking Setback (lot line
to pavement, excludes driveway entrances)
45 feet from the Ordinary High Water Mark.
10 feet from all other lines
Non-Waterfront Lots
Minimum Front Setback 10 feet
Minimum Side Setback 10 feet*
Minimum Rear Setback Per Section 30-55(9)(a) if applicable; otherwise, 25 feet.
Minimum Vehicle Parking Setback (lot line
to pavement, excludes driveway entrances)
25 feet from rear lot line.
10 feet from all other lines.
Accessory Buildings:
Minimum Waterfront Setback 30 feet from the Ordinary High Water Mark
Minimum Street Setback (Front Setback for
non-waterfront lots) 10 feet
Minimum Side Setback 10 feet
Minimum Rear Setback (for non-waterfront
lots only) 25 feet
Maximum Height Lesser of 18 feet or 1 story
*For legal Twin Houses and Townhouses on separate lots, the interior side setback adjacent to the shared lot line shall be 0 feet.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Sections 30-56 to 30-59: Reserved
Draft #6 66 July 22, 2016
Figure 30-55: Riverfront Mixed Use District – Waterfront and Rear Setbacks
Sections 30-56 to 30-59: Reserved
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-60: (BP) Business Park Zoning District
Draft #6 67 July 22, 2016
Section 30-60: (BP) Business Park Zoning District
(1) Intent. This district intended to accommodate high-quality business, industrial, office, and related land
uses at an intensity that is compatible with the overall community character of the City.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Outdoor Open Space Institutional
(b) Passive Outdoor Recreation
(c) Essential Services
(d) Office
(e) Personal or Professional Service
(f) Commercial Kitchen
(g) Indoor Maintenance Service
(h) Light Industrial
(i) Indoor Storage and Wholesaling
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Cultivation
(b) Community Garden
(c) Active Outdoor Recreation
(d) Indoor Sales or Service
(e) Physical Activity Studio
(f) Restaurants, Taverns, and Indoor Commercial Entertainment
(g) Outdoor Commercial Entertainment
(h) Group Daycare Center
(i) Commercial Animal Boarding/Daycare
(j) Commercial Indoor Lodging
(k) Transit Center
(l) Heliport
(m) Off-Site Parking Lot
(n) Off-Site Structured Parking
(o) Communication Tower
(p) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Recreational Facility
(b) Landscape Feature
(c) Nonresidential Accessory Structure
(d) On-Site Parking Lot
(e) On-Site Structured Parking
(f) Company Cafeteria
(g) Incidental Outdoor Display
(h) Incidental Indoor Sales
(i) Incidental Light Industrial
(j) Incidental Outdoor Storage
(k) Satellite Dish
(l) Personal Antenna and Towers
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-60: (BP) Business Park Zoning District
Draft #6 68 July 22, 2016
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements.
(a) Communication Antenna
(b) Small Wind Energy System
(c) Small Solar Energy System
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary Outdoor Assembly*
(e) Temporary On-Site Construction Storage*
(f) Temporary Contractor’s Project Office*
(g) Temporary On-Site Real Estate Sales Office*
(h) Temporary Relocatable Building*
(7) Density, Intensity, and Bulk Regulations for the (BP) Business Park District.
Requirement
Minimum Lot Area 20,000 square feet
Maximum Impervious Surface Ratio 70 percent
Minimum Lot Width 100 feet
Minimum Lot Depth 120 feet
Minimum Lot Frontage at Right-of-Way 50 feet
Minimum Front Setback 30 feet
Minimum Street Side Setback (on corner lots) 30 feet
Minimum Side Setback 10 feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height 45 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to pavement;
excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Minimum Parking Required See Article III
Accessory Buildings:
Minimum Front Setback 60 feet and at least 5 feet behind the principal
structure
Minimum Side Setback 10 feet
Minimum Rear Setback 25 feet
Maximum Height 45 feet
(8) See Article VII for additional performance standards specific to the BP district.
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-61: (UI) Urban Industrial Zoning District
Draft #6 69 July 22, 2016
Section 30-61: (UI) Urban Industrial Zoning District
(1) Intent. This district is intended to permit both large- and small-scale industrial and office development
at an intensity which is consistent with the objectives of the economic development and compatibility
with adjacent residential and commercial development The primary distinguishing feature of this
district is that it is geared to indoor industrial activities which are not typically associated with high
levels of noise, soot, odors and other potential nuisances for adjoining properties.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Outdoor Open Space Institutional
(b) Passive Outdoor Recreation
(c) Essential Services
(d) Office
(e) Personal or Professional Service
(f) Artisan Production Shop
(g) Commercial Kitchen
(h) Indoor Maintenance Service
(i) Vehicle Sales
(j) Vehicle Service and Repair
(k) Light Industrial
(l) Indoor Storage and Wholesaling
(m) Personal Storage Facility
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Cultivation
(b) Community Garden
(c) Active Outdoor Recreation
(d) Large Scale Public Services and Utilities
(e) Indoor Sales or Service
(f) Outdoor Display
(g) Group Daycare Center
(h) Outdoor Maintenance Service
(i) Water-Related Recreation
(j) Intensive Outdoor Activity
(k) Heavy Industrial
(l) Indoor Food Production or Production Greenhouse
(m) Outdoor Storage and Wholesaling
(n) Transit Center
(o) Distribution Center
(p) Off-Site Parking Lot
(q) Off-Site Structured Parking
(r) Communication Tower
(s) Large Wind Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Recreational Facility
(b) Landscape Feature
(c) Nonresidential Accessory Structure
(d) On-Site Parking Lot
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-61: (UI) Urban Industrial Zoning District
Draft #6 70 July 22, 2016
(e) On-Site Structured Parking
(f) Company Cafeteria
(g) Incidental Outdoor Display
(h) Incidental Indoor Sales
(i) Incidental Light Industrial
(j) Incidental Outdoor Storage
(k) Satellite Dish
(l) Personal Antenna and Towers
(m) Small Wind Energy System
(n) Small Solar Energy System
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements.
(a) Communication Antenna
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Farmer’s Market
(d) Temporary On-Site Construction Storage*
(e) Temporary Contractor’s Project Office*
(f) Temporary On-Site Real Estate Sales Office*
(g) Temporary Relocatable Building*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-61: (UI) Urban Industrial Zoning District
Draft #6 71 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (UI) Urban Industrial District.
Requirement
Minimum Lot Area 10,000 square feet
Maximum Impervious Surface Ratio 80 percent
Minimum Lot Width 80 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 50 feet
Minimum Front Setback 25 feet
Minimum Street Side Setback (on corner
lots) 25 feet
Minimum Side Setback 10 feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height 60 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement; excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Parking Required See Article III
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Accessory Buildings:
Minimum Front Setback 60 feet and at least 5 feet behind the principal
structure
Minimum Side Setback 10 feet
Minimum Rear Setback 25 feet
Maximum Height 45 feet
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-62: (HI) Heavy Industrial Zoning District
Draft #6 72 July 22, 2016
Section 30-62: (HI) Heavy Industrial Zoning District
(1) Intent. This district intended to provide space for manufacturing and industrial operations which are
potentially incompatible with residential and commercial uses.
(2) Principal Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Outdoor Open Space Institutional
(b) Passive Outdoor Recreation
(c) Essential Services
(d) Office
(e) Personal or Professional Service
(f) Artisan Production Shop
(g) Commercial Kitchen
(h) Indoor Maintenance Service
(i) Outdoor Maintenance Service
(j) Vehicle Service and Repair
(k) Light Industrial
(l) Heavy Industrial
(m) Indoor Storage and Wholesaling
(n) Distribution Center
(3) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements for each of the following land uses.
(a) Cultivation
(b) Community Garden
(c) Active Outdoor Recreation
(d) Large Scale Public Services and Utilities
(e) Outdoor Display
(f) Water-Related Recreation
(g) Intensive Outdoor Activity
(h) Indoor Food Production or Production Greenhouse
(i) Outdoor Storage and Wholesaling
(j) Transit Center
(k) Freight Terminal
(l) Airport
(m) Heliport
(n) Off-Site Parking Lot
(o) Off-Site Structured Parking
(p) Communication Tower
(q) Extraction
(r) Composting
(s) Recycling and Waste Disposal
(t) Salvage or Junkyard
(u) Sand and Mineral Processing
(v) Large Wind Energy System
(w) Large Solar Energy System
(4) Accessory Uses Permitted by Right. Refer to Article III for detailed definitions and requirements for
each of the following land uses.
(a) Recreational Facility
(b) Landscape Feature
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Section 30-62: (HI) Heavy Industrial Zoning District
Draft #6 73 July 22, 2016
(c) Nonresidential Accessory Structure
(d) On-Site Parking Lot
(e) On-Site Structured Parking
(f) Company Cafeteria
(g) Incidental Outdoor Display
(h) Incidental Indoor Sales
(i) Incidental Light Industrial
(j) Incidental Outdoor Storage
(k) Satellite Dish
(l) Personal Antenna and Towers
(m) Small Wind Energy System
(n) Small Solar Energy System
(5) Accessory Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and
requirements.
(a) Communication Antenna
(6) Temporary Uses. Most temporary uses are limited to 90 days per calendar year. Temporary uses below
marked with an asterisk (*) may be extended in duration through the conditional use process. Refer to
Section 30-87 for detailed definitions and requirements for each of the following land uses.
(a) Temporary Moving Container (Residential)
(b) Temporary Outdoor Storage Container (Nonresidential)
(c) Temporary On-Site Construction Storage*
(d) Temporary Contractor’s Project Office*
(e) Temporary On-Site Real Estate Sales Office*
(f) Temporary Relocatable Building*
City of Oshkosh Zoning Ordinance Article II: Establishment of Zoning Districts
Sections 30-63 to 30-69: Reserved
Draft #6 74 July 22, 2016
(7) Density, Intensity, and Bulk Regulations for the (HI) Heavy Industrial District.
Requirement
Minimum Lot Area 1 acre
Maximum Impervious Surface Ratio 70 percent
Minimum Lot Width 150 feet
Minimum Lot Depth 100 feet
Minimum Lot Frontage at Right-of-Way 50 feet
Minimum Front Setback 30 feet
Minimum Street Side Setback (on corner
lots) 30 feet
Minimum Side Setback 20 feet
Minimum Rear Setback 25 feet
Maximum Principal Building Height 60 feet
Minimum Principal Building Separation 10 feet
Minimum Pavement Setback (lot line to
pavement; excludes driveway entrances) Meet minimum setbacks for principal structures
Minimum Parking Required See Article III
Minimum Garage Door Setback to Alley
(if applicable) 10 feet
Accessory Buildings:
Minimum Front Setback 60 feet and at least 5 feet behind the principal
structure
Minimum Side Setback 20 feet
Minimum Rear Setback 25 feet
Maximum Height 45 feet
Sections 30-63 to 30-69: Reserved
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-70: Purpose
Draft #6 75 July 22, 2016
ARTICLE III: LAND USE REGULATIONS
Section 30-70: Purpose
The purpose of this Article is to indicate which land uses may locate in each zoning district and under what
requirements; and which land uses may not locate therein. Certain land uses may locate in a given district as a
matter of right upon compliance with special regulations for such a land use. A further distinction is made for
land uses which may locate in a given district only upon obtaining a conditional use or temporary use permit.
Section 30-71: Regulation of Allowable Uses
The allowable land uses for each zoning district are established in Article II of this Chapter. Detailed
descriptions and regulations for uses are found in Sections 30-75 through 30-87. Even if a land use may be
indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not
necessarily be permitted or permissible on any or every property in such district. No land use is permitted or
permissible on a property unless it can be located on it or implemented in full compliance with all of the
applicable standards and regulations of this Chapter or unless an appropriate variance has been granted
pursuant to Section 30-411. For land uses not specifically listed, the Director of Community Development, or
designee shall make an interpretation to identify a comparable use or determine if an amendment to this
Chapter is necessary.
(1) Principal Land Uses Permitted by Right. Principal land uses listed as permitted by right (designated by
the letter “P” in Section 30-74) are permitted per the general land use requirements of this Article; per
the density, intensity, and bulk regulations of the specific zoning district in which they are located; per
any additional requirements imposed by applicable overlay districts; per all other applicable
requirements of this Chapter; and per any and all other applicable City, county, state, and federal
regulations.
(2) Principal Land Uses Permitted as Conditional Uses. Principal land uses allowed only with a conditional
use permit (designated by the letter “C” in Section 30-74) may be permitted subject to all the
requirements applicable to uses permitted by right as listed in Subsection (1), above, plus any additional
requirements applicable to that particular land use imposed as part of the conditional use permit
process established in Section 30-382. Except for uses approved under a general development plan and
specific implementation plan in a planned development (see Section 30-387), all uses requiring a
conditional use permit shall comply with the procedural requirements of Section 30-382.
(3) Accessory Land Uses. Accessory land uses are allowed subject to all the requirements and exceptions
applicable to principal land uses permitted by right as listed in Subsection (1), above. Accessory land
uses allowed only with a conditional use permit are subject to all the requirements and exceptions
applicable to principal land uses requiring a conditional use permit as listed in Subsection (2), above.
Accessory land uses shall also comply with the following listed regulations.
(a) No accessory structure or use shall be constructed on any lot prior to the establishment of an
allowable principal use, unless otherwise stated in this Chapter.
(b) Accessory land uses and structures shall not be located within the required front or street yard
setback. This applies to corner, single-frontage, and double-frontage lots.
(c) With the exception of an In-Home Suite, in no instance shall an accessory structure, unfinished
cellar, unfinished basement, tent, or recreational trailer be used as a residence.
(4) Temporary Land Uses. Temporary land uses permitted by right (designated by the letter “P” in the
Table of Land Uses in Section 30-74) are permitted on a temporary basis subject to permitting
requirements of Section 30-383 of this Chapter. Temporary land uses permitted only with a conditional
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-72: Regulations Applicable to All Land Uses
Draft #6 76 July 22, 2016
use permit (designated by the letter “C” in the Table of Land Uses) may be permitted subject to
temporary use and conditional use permitting requirements of Sections 30-383 and 30-382.
Section 30-72: Regulations Applicable to All Land Uses
All uses of land initiated within the jurisdiction of this Chapter on, or following, the effective date of this
Chapter shall comply with all of the provisions of this Chapter.
(1) Land Use Regulations and Requirements. All uses of land shall comply with all the regulations and
requirements of this Chapter. Such regulations directly relate to the protection of the health, safety,
and general welfare of the residents of the City of Oshkosh.
(2) Density, Intensity, and Bulk Regulations and Requirements. All development and use of land shall
comply with all the applicable requirements of Articles II and IV of this Chapter.
(3) Overlay Zoning District Requirements. All land use and/or development of land shall comply with all
the regulations and requirements any applicable Overlay Zoning District (see Article VI).
(4) Performance Standards. All development of land shall comply with all applicable requirements
established in Article VII.
(5) Exterior Building Design Standards. All new, remodeled, and expanded residential and nonresidential
development shall comply with the all applicable building design guidelines as required in Article VIII
of this Chapter.
(6) Landscape Regulations. All development of land shall comply with all the regulations and requirements
of Article IX pertaining to the provision of landscaping and bufferyards. Such requirements address
issues such as minimum required landscaping of developed land and minimum required provision of
bufferyards between adjoining zoning districts which are directly related to the effective bulk of a
structure.
(7) Signage Regulations. All land use and/or development of land shall comply with all requirements of
Article X, pertaining to the type and amount of signage permitted on property. Such requirements
address issues such as the maximum area of permitted signage and the number and types of permitted
signage.
(8) Number of Buildings per Lot.
(a) In in the RH-35, MR-12, MR-20, MR-36, I, NMU, SMU, UMU, CMU, RMU, BP, UI, and HI
zoning districts, a maximum of two principal buildings shall be permitted on any one lot.
(b) In in the SR-2, SR-3, SR-5, SR-9, DR-6, and TR-10 zoning districts, a maximum of one principal
building shall be permitted on any one lot.
(c) The following land uses and types of development are exceptions to these requirements:
1. Group or Large Developments (Section 30-171)
2. Planned Developments (Section 30-158)
3. Mobile Home Parks (Section 30-75(10))
4. Temporary buildings (Section 30-87)
(9) Mixing Residential and Nonresidential Uses in a Building. With the exception of multiple use buildings
described under Section 30-79, and home occupation land uses, no building containing a
nonresidential land use shall contain a residential land use.
(10) Number of Land Uses per Building. No more than one nonresidential land use shall be permitted in
any building with the following exception: multiple permitted by right land uses are allowed in a multi-
business building and only require a land use permit (Section 30-384) to confirm the proposed tenants
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-72: Regulations Applicable to All Land Uses
Draft #6 77 July 22, 2016
are permitted. Examples include a multi-tenant office building; a strip mall; an antique mall; a
downtown building mixing office, personal or professional services, and indoor sales and service land
uses; and other arrangements with multiple permitted uses in one or more occupied spaces. A land use
which is regulated as a conditional use may only occupy multi-tenant buildings as approved through
the conditional use process (Section 30-382) or a successor conditional use.
(11) Accessory Uses. Accessory uses may be allowed where they comply with the following conditions and
requirements:
(a) Separation from Principal Structures. Detached accessory buildings shall be located a minimum
of 5 feet from a residential dwelling unit on the same lot, except where the structure will be
constructed to fire-rating standards of the Uniform Dwelling Code. The “separation” distance
between a dwelling unit and accessory structure is determined by measuring the perpendicular
distance from wall to wall of the structures. Minor attachments such as handrails, latticework,
trellises, or pergolas may be located in the required separation area and do not render the
structures attached for setback purposes.
(b) Conversion of Accessory Structures to Dwellings. The conversion of any accessory structure into
a dwelling so as to accommodate an increased number of dwelling units or families, shall be
permitted only within a district in which a new building for similar occupancy would be
permitted under this Chapter. The resulting occupancy will comply with the requirements
governing new construction in such district, including minimum lot size, lot area per dwelling
unit, building of lot coverage, dimensions of yards and other open spaces, and off-street parking.
(c) Accessory Structures without Principal Structure.
1. No accessory structure shall be erected or constructed prior to the erection or construction
of the principal structure, paved areas, or below grade improvements.
2. When an accessory structure becomes the only structure on a lot as the result of demolition
of the principal building, the accessory structure shall be demolished with 18 months of the
demolition of the principal building. The Director of Community Development, or designee,
shall have the ability to extend this period by an additional 18 months if the property owner
has a concept plan, as approved by the Director of Community Development, or designee,
to build a new principal building or otherwise redevelop the site in a manner that uses the
accessory structure.
(12) Group and Large Development Requirements. A Group or Large Development may include any of
the land uses in this Chapter that is permitted by right or by conditional use permit in the subject
zoning district. All uses and/or development of land within a Group or Large Development shall
comply with all requirements of Section 30-171.
(13) Planned Development Requirements. All uses and/or development of land within a planned
development shall comply with all requirements of Section 30-158 and 30-387.
(14) Nonconforming Lots, Uses, Structures, and Site Requirements.
(a) Land uses not in conformance with the requirements of the applicable zoning district shall be
subject to the special limitations and exceptions as established in Article II. Land uses located on
substandard lots or on nonconforming lots or in nonconforming structures shall comply with all
the regulations and requirements of Article V.
(b) Substandard lots are buildable, provided the structures meet all other requirements of this
Chapter. Substandard lots shall only be used for one single family residence (where permitted) or
a permitted nonresidential use.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-73: Detailed Land Use Descriptions and Regulations
Draft #6 78 July 22, 2016
(15) Land Use Permit Review Required. All uses are subject to land use permit review and approval in
accordance with Section 30-384 of this Chapter. For new or modified developments, a site plan is
required. See Subsection (16) immediately below.
(16) Site Plan Review Required. All development involving physical modifications to a site including but
not limited to new development, building additions, and additions to paving are subject to site plan
review and approval in accordance with Section 30-385 of this Chapter, except for single family and
two family dwelling units on individual lots in any zoning district.
(17) Procedural Regulations and Requirements. All land use and/or development of land shall comply with
all requirements of Article XI, pertaining to the procedures necessary to secure review and approval of
land use and/or development. Such regulations and restrictions address both procedural and technical
requirements.
(18) Demolition of a Principal Structure. Where a principal structure has been removed, all driveways,
paved areas, and below grade improvements on the lot shall be removed.
Section 30-73: Detailed Land Use Descriptions and Regulations
The land use categories employed by this Chapter are defined in Section 30-75 through Section 30-87. Land
use categories which are not listed in this Chapter are not necessarily excluded from locating within any given
zoning district. Section 30-341 empowers the Director of Community Development, or designee, to make
interpretations on matters regarding specific land use proposals which are not addressed by this Chapter.
Section 30-74: Table of Land Uses
The Table of Land Uses on the following pages is provided as a convenience for the City and the general
public. Where there are conflicts between the text of this Chapter and the Table of Land Uses, the text shall
prevail.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-74: Table of Land Uses
Draft #6 79 July 22, 2016
Ru
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(
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9
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M
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In
s
t
i
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u
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i
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n
a
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(
I
)
Ne
i
g
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b
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M
i
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e
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(
N
M
U
)
Su
b
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b
a
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M
i
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d
U
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(
S
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)
Ur
b
a
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M
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d
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(
U
M
U
)
Ce
n
t
r
a
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M
i
x
e
d
U
s
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(
C
M
U
)
Ri
v
e
r
f
r
o
n
t
M
i
x
e
d
U
s
e
(
R
M
U
)
Bu
s
i
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e
s
s
P
a
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k
(
B
P
)
Ur
b
a
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I
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d
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t
r
i
a
l
(
U
I
)
He
a
v
y
I
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d
u
s
t
r
i
a
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(
H
I
)
Land Uses Permitted:
Refer to the detailed definitions and
requirements listed for each land use on the
following pages.
P: By Right
C: By Conditional Use Permit
P/C: Refer to specific requirements for that
land use to determine if a Conditional Use
Permit is required
Residential Land Uses (§ 30-75)*
P (1) Single Family 35-acre lot
Dw
e
l
l
i
n
g
U
n
i
t
T
y
p
e
s
C P P P P P P P P P P (1) Single Family 20,000 sq. ft. lot
P P P P P P P P P (1) Single Family 10,000 sq. ft. lot
P P P P P P P P (1) Single Family 7,200 sq. ft. lot
P P P P P P P (1) Single Family 4,500 sq. ft. lot
P P P P P (2) Two Flat 7,200 sq. ft. lot
P P P P C (3) Twin House - two 3,600 sq. ft. lots
P P P P C (4) Duplex 3,600 sq. ft. lot
P P P C C P C C (5) Townhouse 3-4 units
P P P C P C C (5) Townhouse 5-8 units
P P P C C P C C (6) Multiplex 3-4 units
P P P C P C C (6) Multiplex 5-8 units
P P P C C P C C (7) Apartment 3-4 units
P P P C P C C (7) Apartment 5-8 units
P P P C P C C (7) Apartment 9-12 units
C P P C C C C (7) Apartment 13-16 units
C P P C C C C (7) Apartment 17-20 units
C P C C C C (7) Apartment 21-36 units
C C C C C (7) Apartment 37+ units
P (8) Mobile Home
P (9) Mobile Home Subdivision
C (10) Mobile Home Park
P P P P P P P P P P P P P P P P P (11) Single Family Living Arrangement
C C C C C C C P P P P P P P P P P (12) Roommate Living Arrangement
C C C C C C C C (13) Boarding House Living Arrangement
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-74: Table of Land Uses
Draft #6 80 July 22, 2016
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– 5
(S
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-5)
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– 9
(
S
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-9)
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(
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(
M
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(
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M
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In
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M
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Su
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(
S
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Ur
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M
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(
U
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Ce
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M
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(
C
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Ri
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f
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o
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t
M
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U
s
e
(
R
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Bu
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P
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(
B
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)
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b
a
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d
u
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t
r
i
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(
U
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)
He
a
v
y
I
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d
u
s
t
r
i
a
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(
H
I
)
Land Uses Permitted:
Refer to the detailed definitions and
requirements listed for each land use on the
following pages.
P: By Right
C: By Conditional Use Permit
P/C: Refer to specific requirements for that
land use to determine if a Conditional Use
Permit is required
Agricultural Land Uses (§ 30-76)*
P C C C C C C C C C C C C C C C C C C C (1) Cultivation
C (2) Husbandry
C (3) On-Site Agricultural Retail
C (4) Intensive Agriculture
C (5) Agricultural Services
P P P P P P P P P P P P C C C C C C C C (6) Community Garden
P C C C C C (7) Market Garden
Institutional Land Uses (§ 30-77)*
C C C C C C C C C C C C C (1) Indoor Institutional
P P P P P P P P P P P P P P P P P P P P (2) Outdoor Open Space Institutional
P P P P P P P P P P P P P P P P P P P P (3) Passive Outdoor Recreation
P P P P P P P P P P P P P P P P C C C C (4) Active Outdoor Recreation
P P P P P P P P P P P P P P P P P P P P (5) Essential Services
C C C C (6) Large Scale Public Services and Utilities
P P P P P P P P P P P P P P P P P (7) Comm. Living Arrangement 1-8 Res.
C C C C C C C C C C C C C C C (8) Comm. Living Arrangement 9-15 Res.
C C C C C C C C (9) Comm. Living Arrangement 16+ Res.
C C C C (10) Institutional Residential
*Projects that involve three or more principal buildings, a single building footprint of 50,000 square feet or more, and/or 24 or more multi-family units are
considered group and/or large developments. Such developments require a conditional use permit regardless of whether individual uses are permitted by right within
the applicable zoning district. See Section 30-171 for requirements and exceptions.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-74: Table of Land Uses
Draft #6 81 July 22, 2016
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(S
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(
S
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Du
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(
D
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(
T
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(
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(
M
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)
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– 36
(
M
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H
o
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s
i
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t
i
a
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–
9
(
M
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-9)
In
s
t
i
t
u
t
i
o
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a
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(
I
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i
g
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b
o
r
h
o
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d
M
i
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d
U
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(
N
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Su
b
u
r
b
a
n
M
i
x
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d
U
s
e
(
S
M
U
)
Ur
b
a
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M
i
x
e
d
U
s
e
(
U
M
U
)
Ce
n
t
r
a
l
M
i
x
e
d
U
s
e
(
C
M
U
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Ri
v
e
r
f
r
o
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t
M
i
x
e
d
U
s
e
(
R
M
U
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Bu
s
i
n
e
s
s
P
a
r
k
(
B
P
)
Ur
b
a
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I
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d
u
s
t
r
i
a
l
(
U
I
)
He
a
v
y
I
n
d
u
s
t
r
i
a
l
(
H
I
)
Land Uses Permitted:
Refer to the detailed definitions and
requirements listed for each land use on the
following pages.
P: By Right
C: By Conditional Use Permit
P/C: Refer to specific requirements for that
land use to determine if a Conditional Use
Permit is required
Commercial Land Uses (§ 30-78)*
P P P P P P P P P (1) Office
P P P P P P P P P (2) Personal or Professional Service
C P P P P P C C (3) Indoor Sales or Service
C C C C C C (4) Outdoor Display
P P P P P P P P P (5) Artisan Production Shop
P C P P P P C (6) Physical Activity Studio
P P P P P P P P P P (7) Commercial Kitchen
C C P P P P C (8) Restaurants, Taverns, and Indoor Commercial
Entertainment
C C C C C C C (9) Outdoor Commercial Entertainment
C P P C C (10) Drive-Through & In-Vehicle Sales or Service
C C C P C P P P C C C (11) Group Daycare Center
C C C C C C (12) Commercial Animal Boarding/Daycare
C C C C C C C C C C P (13) Bed and Breakfast
C C C C C (14) Vacation Rental Home
C C P P P P C (15) Commercial Indoor Lodging
C C C C (16) Campground
C P P P P P P P P (17) Indoor Maintenance Service
C C P (18) Outdoor Maintenance Service
C P P P (19) Vehicle Sales
C C P P P (20) Vehicle Service and Repair
C C C C C C C C (21) Water-Related Recreation
C C C C C C C C (22) Intensive Outdoor Activity
*Projects that involve three or more principal buildings, a single building footprint of 50,000 square feet or more, and/or 24 or more multi-family units are
considered group and/or large developments. Such developments require a conditional use permit regardless of whether individual uses are permitted by right within
the applicable zoning district. See Section 30-171 for requirements and exceptions.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-74: Table of Land Uses
Draft #6 82 July 22, 2016
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(
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(S
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– 9
(
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-9)
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p
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– 6
(
D
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– 10
(
T
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)
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– 12
(
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)
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m
i
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R
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s
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– 20
(
M
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)
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-Fa
m
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R
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s
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n
t
i
a
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– 36
(
M
R
-36
)
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b
i
l
e
H
o
m
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e
s
i
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e
n
t
i
a
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–
9
(
M
H
-9)
In
s
t
i
t
u
t
i
o
n
a
l
(
I
)
Ne
i
g
h
b
o
r
h
o
o
d
M
i
x
e
d
U
s
e
(
N
M
U
)
Su
b
u
r
b
a
n
M
i
x
e
d
U
s
e
(
S
M
U
)
Ur
b
a
n
M
i
x
e
d
U
s
e
(
U
M
U
)
Ce
n
t
r
a
l
M
i
x
e
d
U
s
e
(
C
M
U
)
Ri
v
e
r
f
r
o
n
t
M
i
x
e
d
U
s
e
(
R
M
U
)
Bu
s
i
n
e
s
s
P
a
r
k
(
B
P
)
Ur
b
a
n
I
n
d
u
s
t
r
i
a
l
(
U
I
)
He
a
v
y
I
n
d
u
s
t
r
i
a
l
(
H
I
)
Land Uses Permitted:
Refer to the detailed definitions and
requirements listed for each land use on the
following pages.
P: By Right
C: By Conditional Use Permit
P/C: Refer to specific requirements for that
land use to determine if a Conditional Use
Permit is required
Multiple Use Buildings (§ 30-79)*
C C C C P P P P P (1) Apartments with Limited Commercial
P P P P P (2) Mixed Use Building
P P P P P (3) Live/Work Unit
Industrial Land Uses (§ 30-80)
C C C P P P (1) Light Industrial
C C P (2) Heavy Industrial
C C C C C (3) Indoor Food Production or Production
Greenhouse
Storage Uses (§ 30-81)*
C C C P P P (1) Indoor Storage and Wholesaling
C C C (2) Outdoor Storage and Wholesaling
C C C P (3) Personal Storage Facility
Transportation Land Uses (§ 30-82)*
C C C C C C C C C C C C C (1) Transit Center
C P (2) Distribution Center
C (3) Freight Terminal
C C C (4) Airport
C C C C (5) Heliport
C C C P C C P C C C C C (6) Off-Site Parking Lot
C C C P C C C C C C C C (7) Off-Site Structured Parking
Telecommunication Land Uses (§ 30-83)*
C C C C C C C C C C C C C C C C C C C C (1) Communication Tower
*Projects that involve three or more principal buildings, a single building footprint of 50,000 square feet or more, and/or 24 or more multi-family units are
considered group and/or large developments. Such developments require a conditional use permit regardless of whether individual uses are permitted by right within
the applicable zoning district. See Section 30-171 for requirements and exceptions.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-74: Table of Land Uses
Draft #6 83 July 22, 2016
Ru
r
a
l
H
o
l
d
i
n
g
(
R
H
-35
)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 2
(
S
R
-2)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 3
(
S
R
-3)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 5
(S
R
-5)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 9
(
S
R
-9)
Du
p
l
e
x
R
e
s
i
d
e
n
t
i
a
l
– 6
(
D
R
-6)
Tw
o
F
l
a
t
R
e
s
i
d
e
n
t
i
a
l
– 10
(
T
R
-10
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 12
(
M
R
-12
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 20
(
M
R
-20
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 36
(
M
R
-36
)
Mo
b
i
l
e
H
o
m
e
R
e
s
i
d
e
n
t
i
a
l
–
9
(
M
H
-9)
In
s
t
i
t
u
t
i
o
n
a
l
(
I
)
Ne
i
g
h
b
o
r
h
o
o
d
M
i
x
e
d
U
s
e
(
N
M
U
)
Su
b
u
r
b
a
n
M
i
x
e
d
U
s
e
(
S
M
U
)
Ur
b
a
n
M
i
x
e
d
U
s
e
(
U
M
U
)
Ce
n
t
r
a
l
M
i
x
e
d
U
s
e
(
C
M
U
)
Ri
v
e
r
f
r
o
n
t
M
i
x
e
d
U
s
e
(
R
M
U
)
Bu
s
i
n
e
s
s
P
a
r
k
(
B
P
)
Ur
b
a
n
I
n
d
u
s
t
r
i
a
l
(
U
I
)
He
a
v
y
I
n
d
u
s
t
r
i
a
l
(
H
I
)
Land Uses Permitted:
Refer to the detailed definitions and
requirements listed for each land use on the
following pages.
P: By Right
C: By Conditional Use Permit
P/C: Refer to specific requirements for that
land use to determine if a Conditional Use
Permit is required
Extraction & Disposal Land Uses (§ 30-84)
C C (1) Extraction
C C (2) Composting
C C (3) Recycling and Waste Disposal
C C (4) Salvage or Junkyard
C C (5) Sand and Mineral Processing
Energy Production Land Uses (§ 30-85)
C C C C C C C C C C C C C C C C C C C C (1) Large Wind Energy System
C C (2) Large Solar Energy System
*Projects that involve three or more principal buildings, a single building footprint of 50,000 square feet or more, and/or 24 or more multi-family units are
considered group and/or large developments. Such developments require a conditional use permit regardless of whether individual uses are permitted by right within
the applicable zoning district. See Section 30-171 for requirements and exceptions.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-74: Table of Land Uses
Draft #6 84 July 22, 2016
Ru
r
a
l
H
o
l
d
i
n
g
(
R
H
-35
)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 2
(
S
R
-2)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 3
(
S
R
-3)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 5
(S
R
-5)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 9
(
S
R
-9)
Du
p
l
e
x
R
e
s
i
d
e
n
t
i
a
l
– 6
(
D
R
-6)
Tw
o
F
l
a
t
R
e
s
i
d
e
n
t
i
a
l
– 10
(
T
R
-10
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 12
(
M
R
-12
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 20
(
M
R
-20
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 36
(
M
R
-36
)
Mo
b
i
l
e
H
o
m
e
R
e
s
i
d
e
n
t
i
a
l
–
9
(
M
H
-9)
In
s
t
i
t
u
t
i
o
n
a
l
(
I
)
Ne
i
g
h
b
o
r
h
o
o
d
M
i
x
e
d
U
s
e
(
N
M
U
)
Su
b
u
r
b
a
n
M
i
x
e
d
U
s
e
(
S
M
U
)
Ur
b
a
n
M
i
x
e
d
U
s
e
(
U
M
U
)
Ce
n
t
r
a
l
M
i
x
e
d
U
s
e
(
C
M
U
)
Ri
v
e
r
f
r
o
n
t
M
i
x
e
d
U
s
e
(
R
M
U
)
Bu
s
i
n
e
s
s
P
a
r
k
(
B
P
)
Ur
b
a
n
I
n
d
u
s
t
r
i
a
l
(
U
I
)
He
a
v
y
I
n
d
u
s
t
r
i
a
l
(
H
I
)
Land Uses Permitted:
Refer to the detailed definitions and
requirements listed for each land use on the
following pages.
P: By Right
C: By Conditional Use Permit
P/C: Refer to specific requirements for that
land use to determine if a Conditional Use
Permit is required
Accessory Land Uses (§ 30-86)
P P P P P P P P P P P P P P P C (1) Residential Accessory Structure
P P P P P P P P P P P P P P P P P P P P (2) Recreational Facility
P P P P P P P P P P P P P P P P P P P P (3) Landscape Feature
P P P P P P P C C C C C C C C (4) Residential Kennel
P P P P P P P P P P P P P P P P P (5) Home Occupation
P P P P P P P P P P P P P P P C C (6) In-Home Daycare 4-8 Children
P P P P P P P P P P P P P P P C C (7) In-Family Suite
P (8) Farm Residence
C (9) Migrant Employee Housing
P P P P P P P P P P P P P P P P P P P P (10) Nonresidential Accessory Structure
P (11) Residential Stable
P P P P P P P P P P P P P P P P P P P P (12) On-Site Parking Lot
C C C C C C C C C C C P C P P P P P P P (13) On-Site Structured Parking
P P P P P P P P P P (14) Company Cafeteria
P P P C C P P P (15) Incidental Outdoor Display
P P P P P P P P (16) Incidental Indoor Sales
P P P P P P P P (17) Incidental Light Industrial
P C C P P P C P P P (18) Incidental Outdoor Storage
P P P P P P P P P P P P P P P P P P P P (19) Satellite Dish
P P P P P P P P P P P P P P P P P P P P (20) Personal Antenna and Towers
P C C C C C C C C C C C C C C C C C C P (21) Communication Antenna
C C C C C C C C C C C P C C P P C C P P (22) Small Wind Energy System
C C C C C C C C C C C P C C P P C C P P (23) Small Solar Energy System
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-74: Table of Land Uses
Draft #6 85 July 22, 2016
Ru
r
a
l
H
o
l
d
i
n
g
(
R
H
-35
)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 2
(
S
R
-2)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 3
(
S
R
-3)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 5
(S
R
-5)
Si
n
g
l
e
F
a
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 9
(
S
R
-9)
Du
p
l
e
x
R
e
s
i
d
e
n
t
i
a
l
– 6
(
D
R
-6)
Tw
o
F
l
a
t
R
e
s
i
d
e
n
t
i
a
l
– 10
(
T
R
-10
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 12
(
M
R
-12
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 20
(
M
R
-20
)
Mu
l
t
i
-Fa
m
i
l
y
R
e
s
i
d
e
n
t
i
a
l
– 36
(
M
R
-36
)
Mo
b
i
l
e
H
o
m
e
R
e
s
i
d
e
n
t
i
a
l
–
9
(
M
H
-9)
In
s
t
i
t
u
t
i
o
n
a
l
(
I
)
Ne
i
g
h
b
o
r
h
o
o
d
M
i
x
e
d
U
s
e
(
N
M
U
)
Su
b
u
r
b
a
n
M
i
x
e
d
U
s
e
(
S
M
U
)
Ur
b
a
n
M
i
x
e
d
U
s
e
(
U
M
U
)
Ce
n
t
r
a
l
M
i
x
e
d
U
s
e
(
C
M
U
)
Ri
v
e
r
f
r
o
n
t
M
i
x
e
d
U
s
e
(
R
M
U
)
Bu
s
i
n
e
s
s
P
a
r
k
(
B
P
)
Ur
b
a
n
I
n
d
u
s
t
r
i
a
l
(
U
I
)
He
a
v
y
I
n
d
u
s
t
r
i
a
l
(
H
I
)
Land Uses Permitted:
Refer to the detailed definitions and
requirements listed for each land use on the
following pages.
P: By Right
C: By Conditional Use Permit
P/C: Refer to specific requirements for that
land use to determine if a Conditional Use
Permit is required
Temporary Land Uses (§ 30-87)
P P P P P P P P P P P P P P P P P P P P (1) Temporary Moving Container (Residential)
P P P P P P P P P P (2) Temporary Outdoor Storage Container (Nonres.)
P P P P P P P P P P P (3) Garage or Estate Sale
C C C C C C C C C C (4) Farmer’s Market
P (5) Temporary Farm Product Sales
P/C P/C P/C P/C P/C P/C (6) Temporary Outdoor Sales
P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C C (7) Temporary Outdoor Assembly
P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C (8) Temporary On-Site Construction Storage
P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C (9) Temporary Contractor’s Project Office
P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C P/C (10) Temporary On-Site Real Estate Sales Office
P/C P/C P/C P/C P/C P/C P/C P/C P/C (11) Temporary Relocatable Building
(12) Temporary Shelter Structure
Adaptive Reuse Land Use (§ 30-88)
C C C C C C C C C C C (1) Adaptive Reuse
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 86 July 22, 2016
Section 30-75: Residential Land Uses
(1) Single Family Dwelling Unit: This dwelling unit type consists of a fully detached single family
residence which is located on an individual lot. Single family dwelling units are designed for one family
and have no roof, wall, or floor in common with any other dwelling unit. A single family dwelling that
contains an in-family suite is still considered a single family dwelling.
Regulations:
(a) The dwelling unit shall be a site-built structure built in compliance with the State of Wisconsin
Uniform Dwelling Code (UDC), or may be a manufactured dwelling (modular home) as
permitted by the UDC or a manufactured home that has received a Federal Manufactured
Housing Certificate label.
(b) The dwelling must be attached to a finished, permanent foundation, such as a poured concrete
slab or basement meeting UDC requirements.
(c) See Section 30-241 for design standards for single family dwelling units.
(d) If no garage is provided, each dwelling unit shall provide one shed of no less than 80 square feet
in order to store yard maintenance equipment or other items typically stored in a garage. Lots
that are less than 60 feet wide or less than 100 feet deep shall be exempt from this requirement.
Lots in which no area is available for its placement, as determined by the Director of Community
Development, or designee, shall be exempt from this requirement.
(e) Minimum required parking: Two spaces.
(f) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Single Family dwelling units. Specific requirements for Single Family dwelling
units can be found in Article II under the density, intensity, and bulk requirements for each
residential zoning district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 87 July 22, 2016
Figure 30-75a: Single Family Dwelling Unit
Key to Figure
A Front lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum pavement setback (lot line to pavement excluding driveway entrance)
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 88 July 22, 2016
(2) Two Flat: This dwelling unit type consists of a single structure with two separate Family Residential
residences each having a private individual access, and no shared internal access other than entry foyers
and halls. Two Flats are attached units within a two-story structure with one unit above the other.
Regulations:
(a) In the case where any dwelling unit is under separate ownership, evidence that covenants
specifying respective obligations with regard to any common structures, such as the shared wall,
roof, and other inseparable improvements, is required.
(b) This dwelling unit type may not be split into additional residences.
(c) See Section 30-241 for design standards for two family uses.
(d) If no garage is provided, each dwelling unit shall provide one shed of no less than 80 square feet
in order to store yard maintenance equipment or other items typically stored in a garage. Lots
that are less than 60 feet wide or less than 100 feet deep shall be exempt from this requirement.
Lots in which no area is available for its placement, as determined by the Director of Community
Development, or designee, shall be exempt from this requirement.
(e) Minimum required parking: Two spaces per dwelling unit.
(f) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Two Flat land uses. Specific requirements for Two Flats can be found in Article
II under the density, intensity, and bulk requirements for each residential zoning district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 89 July 22, 2016
Figure 30-75b: Two Flat
Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum pavement setback (lot line to pavement excluding driveway entrance)
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 90 July 22, 2016
(3) Twin House: This dwelling unit type consists of two separate Family Residential residences, each
having a private individual access and no shared internal access. Similar to Duplexes, Twin Houses are
attached side-by-side units, each with a ground floor and roof. Unlike Duplexes, each dwelling unit in a
Twin House is located on a separate lot.
Regulations:
(a) In the case where any dwelling unit is under separate ownership, evidence that covenants
specifying respective obligations with regard to any common structures, such as the shared wall,
roof, and other inseparable improvements, is required.
(b) This dwelling unit type may not be split into additional residences.
(c) See Section 30-241 for design standards for two family uses.
(d) If no garage is provided, each dwelling unit shall provide one shed of no less than 80 square feet
in order to store yard maintenance equipment or other items typically stored in a garage. Lots
that are less than 60 feet wide or less than 100 feet deep shall be exempt from this requirement.
Lots in which no area is available for its placement, as determined by the Director of Community
Development, or designee, shall be exempt from this requirement.
(e) Minimum required parking: Two spaces per dwelling unit.
(f) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Twin House land uses. Specific requirements Twin Houses can be found in
Article II under the density, intensity, and bulk requirements for each residential zoning district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 91 July 22, 2016
Figure 30-75c: Twin House
Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum pavement setback (lot line to pavement excluding driveway entrance)
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Section 30-75: Residential Land Uses
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(4) Duplex: This dwelling unit type consists of two separate Family Residential residences, each having a
private individual access, and no shared internal access. Similar to Twin Houses, Duplexes are attached
side-by-side units, each with a ground floor and roof. Unlike Twin Houses, the two dwelling units in a
Duplex are located on one lot.
Regulations:
(a) In the case where any dwelling unit is under separate ownership, evidence that covenants
specifying respective obligations with regard to any common structures, such as the shared wall,
roof, and other inseparable improvements, is required.
(b) This dwelling unit type may not be split into additional residences.
(c) See Section 30-241 for design standards for two family uses.
(d) If no garage is provided, each dwelling unit shall provide one shed of no less than 80 square feet
in order to store yard maintenance equipment or other items typically stored in a garage. Lots
that are less than 60 feet wide or less than 100 feet deep shall be exempt from this requirement.
Lots in which no area is available for its placement, as determined by the Director of Community
Development, or designee, shall be exempt from this requirement.
(e) Minimum required parking: Two spaces per dwelling unit.
(f) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Duplex land uses. Specific requirements for Duplexes can be found in Article
II under the density, intensity, and bulk requirements for each residential zoning district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 93 July 22, 2016
Figure 30-75d: Duplex
Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum pavement setback (lot line to pavement excluding driveway entrance)
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 94 July 22, 2016
(5) Townhouse: This dwelling unit type consists of attached, two-story residences, each having a private,
individual access. This dwelling unit type may be located on its own lot or within a group development.
Each dwelling unit shares at least one common wall with an adjacent dwelling unit.
Regulations:
(a) No more than eight and no less than three Townhouse dwelling units may be attached per
building.
(b) In the case where any dwelling unit is under separate ownership, evidence that covenants
specifying respective obligations with regard to any common structures, such as the shared wall,
roof, and other inseparable improvements, is required.
(c) This dwelling unit type may not be split into additional residences.
(d) See Section 330-242 for multi-family design standards.
(e) Minimum required parking: Two spaces per dwelling unit containing zero, one or two bedrooms,
plus 0.5 space per additional bedroom over two bedrooms per unit.
(f) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Townhouse land uses. Specific requirements for Townhouses can be found in
Article II under the density, intensity, and bulk requirements for each residential zoning district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 95 July 22, 2016
Figure 30-75e: Townhouse
Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum pavement setback (lot line to pavement excluding driveway entrance)
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Section 30-75: Residential Land Uses
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(6) Multiplex: This dwelling unit type consists of three or more individual attached dwelling units which
have private, individual exterior entrances.
Regulations:
(a) In the case where any dwelling unit is under separate ownership, evidence that covenants
specifying respective obligations with regard to any common structures, such as the shared wall,
roof, and other inseparable improvements, is required.
(b) This dwelling unit type may not be split into additional residences.
(c) See Section 30-242 for multi-family design standards.
(d) Minimum required parking: Two spaces per dwelling unit containing zero, one or two bedrooms,
plus 0.5 space per additional bedroom over two bedrooms per unit. One guest parking space
shall be provided for every three dwelling units.
(e) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Multiplex land uses. Specific requirements for Multiplexes can be found in
Article II under the density, intensity, and bulk requirements for each residential zoning district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 97 July 22, 2016
Figure 30-75f: Multiplex
Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum pavement setback (lot line to pavement excluding driveway entrance)
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
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(7) Apartment: This dwelling unit type consists of a single structure with three or more individual
attached dwelling units which take access from a shared entrance or hallway.
Regulations:
(a) In the case where any dwelling unit is under separate ownership, evidence that covenants
specifying respective obligations with regard to any common structures, such as the shared wall,
roof, and other inseparable improvements, is required.
(b) Group Developments shall meet the standards of Section 30-171. This dwelling unit type may
not be split into additional residences.
(c) See Section 30-242 for multi-family design standards.
(d) Minimum required parking: Two spaces per dwelling unit containing zero, one or two bedrooms,
plus 0.5 space per additional bedroom over two bedrooms per unit. One guest parking space
shall be provided for every three dwelling units.
(e) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Apartment land uses. Specific requirements for Apartments can be found in
Article II under the density, intensity, and bulk requirements for each residential zoning district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 99 July 22, 2016
Figure 30-75g: Apartment
Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage)
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum pavement setback (lot line to pavement excluding driveway entrance)
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Section 30-75: Residential Land Uses
Draft #6 100 July 22, 2016
(8) Mobile Home: A type of dwelling unit suitable for year-round occupancy designed to be towed as a
single unit or in sections, with or without a permanent foundation, with walls of rigid, un-collapsible
construction, and with water supply, sewage disposal, and electrical convenience. A Mobile Home
includes both a “mobile home” and a “manufactured home” as defined by Wisconsin Statutes. Any
similar dwelling unit which has its own motor or remains on wheels shall be considered a recreational
vehicle. A modular home is a home meeting the Uniform Building Code that is transported to the
building site in sections, does not have a permanent chassis, and is permanently mounted on a
permanent foundation. A modular home is regulated as a single family dwelling unit under Section 30-
75(1).
Regulations:
(a) No Mobile Home may be split into two or more residences.
(b) Within 30 days of occupancy, the owner shall remove the axle and install skirting.
(c) Development shall comply with the requirements for Mobile Homes and Mobile Home Parks in
Chapter 16, Division 3, of the Oshkosh Municipal Code.
(d) The building design standards of Section 30-241 shall not apply.
(e) Minimum required parking: Two spaces per dwelling unit.
(f) The following figure is intended to provide a graphic depiction of the setback and dimensional
requirements for Mobile Home land uses. Specific requirements for Mobile Homes can be found
in Article II under the density, intensity, and bulk requirements for each residential zoning
district.
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 101 July 22, 2016
Figure 30-75h: Mobile Home
Key to Figure
A Minimum lot width (at building minimum setback line)
B Street setback (lot line to principal building or attached garage):
C Corner lot (street side) setback (lot line to principal building or attached garage)
D Side setback (lot line to principal building or attached garage)
E Rear setback (lot line to principal building or attached garage)
F Accessory building side and rear setback (lot line to accessory building)
G Minimum driveway setback (side lot line to pavement)
H Minimum principal building separation
I Minimum pavement setback (lot line to pavement excluding driveway entrance)
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-75: Residential Land Uses
Draft #6 102 July 22, 2016
(9) Mobile Home Subdivision: This land use is a form of residential development which is exclusively
reserved for individually sold lots containing Mobile Homes. Each lot and Mobile Home must meet
the requirements listed under Section 30-75(8), above.
Regulations:
(a) Development shall be located so as to blend with adjacent residentially zoned areas to the
greatest extent possible.
(b) No access shall be permitted to local residential streets, except to the internal roadways and
streets.
(c) Development shall comply with the requirements for Mobile Homes and Mobile Home Parks in
Chapter 16, Division 3, of the Oshkosh Municipal Code.
(d) Specific requirements for Mobile Home Subdivisions can be found in Article II under the
density, intensity, and bulk requirements for each residential zoning district.
(10) Mobile Home Park: This land use is a form of residential development which is exclusively reserved
for individually sold or rented air right pads containing Mobile Homes. Each Mobile Home must meet
the requirements listed under Section 30-75(8), above.
Regulations:
(a) Development shall be located so as to blend with adjacent residentially zoned areas to the
greatest extent possible.
(b) No access shall be permitted to local residential streets, except to the internal roadways and
streets.
(c) Development shall comply with the requirements for Mobile Homes and Mobile Home Parks in
Chapter 16, Division 3, of the Oshkosh Municipal Code.
(11) Single Family Living Arrangement: A residential land use in which occupancy of a dwelling unit is
no more than one family.
(a) Single family living arrangements are distinct from Roommate Living Arrangements (occupied by
4 or 5 unrelated adult individuals) and Boarding House Living Arrangements (occupied by 6 or
more unrelated adult individuals), which are regulated as separate land use types under Sections
30-75(12) and 30-75(13).
(b) Outdoor storage shall be restricted to rear and side yards and may include storage of such things
as motorized vehicles in assigned parking spaces, bicycles, carry-in non-motorized watercraft,
outdoor seating, and grills.
(c) Minimum required parking: Two spaces.
(12) Roommate Living Arrangement POLCY QUESTION. A residential land use in which occupancy
of a dwelling unit is shared by 4 or 5 unrelated adult individuals.
(a) Roommate Living Arrangements are distinct from single family living arrangements (occupied by
no more than 1 family) and Boarding House Living Arrangements (occupied by 6 or more
unrelated adult individuals), which are regulated as separate land use types under Sections 30-
75(11) and 30-75(13).
(b) In single family and two family dwelling units, building modifications that increase the number
of bedrooms in the structure are allowed only through approval of a conditional use permit.
(c) Roommate Living Arrangements require an annual on-site exterior inspection to confirm
compliance with all zoning and building code requirements.
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Section 30-76: Agricultural Land Uses
Draft #6 103 July 22, 2016
(d) Outdoor storage shall be restricted to rear and side yards and may include storage of such things
as motorized vehicles in assigned parking spaces, bicycles, carry-in non-motorized watercraft,
outdoor seating, and grills.
(e) Minimum required parking: One space per each bedroom within the dwelling unit.
(f) The following figure compares Roommate Residential Living Arrangement land uses to other
residential land uses:
Figure 30-75i: Number of Unrelated Adults Permitted by Land Use
Single Family Living
Arrangement*
Section 30-75(11)
Roommate Living
Arrangement
Section 30-75(12)
Boarding House Living
Arrangement
Section 30-75(13)
1 family 4 or 5 unrelated adults 6 or more unrelated adults
*Permitted by right in all legal dwelling units.
(13) Boarding House Living Arrangement POLCY QUESTION. A residential land use where
occupancy of a dwelling unit is shared by Six (6) or more unrelated adult individuals.
(a) Boarding House Living Arrangements are distinct from single family living arrangements
(occupied by no more than 1 family) and roommate living arrangements (occupied by 4 or 5
unrelated adult individuals), which are regulated as separate land use types under Sections 30-
75(11) and 30-75(12).
(b) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property
borders abutting residentially zoned property.
(c) Boarding House Living Arrangements require a license and an annual on-site inspection is required
to confirm full compliance with all zoning and building code requirements.
(d) Outdoor storage shall be restricted to rear yards and may include storage of such things as
motorized vehicles in assigned parking spaces, bicycles, carry-in non-motorized watercraft,
outdoor seating, and grills.
(e) Minimum required parking: One space per each bedroom for rent within the dwelling unit.
Section 30-76: Agricultural Land Uses
(1) Cultivation: Operations primarily oriented to the on-site, outdoor raising of plants for commercial
purposes. Cultivation includes the raising of trees as a crop to be replaced with more trees after
harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by
farm animals is considered Cultivation if said plants are consumed by animals which are located off-
site.
Regulations:
(a) Minimum required parking: One space per employee on the largest work shift. (See Section 30-
175(19)(b) for surfacing requirements for agricultural uses.)
(2) Husbandry: All operations primarily oriented to the on-site raising and/or use of animals at an
intensity of less than one animal unit per acre. This includes horses, cattle, sheep, goats, llamas (and
City of Oshkosh Zoning Ordinance Article III: Land Use Regulations
Section 30-76: Agricultural Land Uses
Draft #6 104 July 22, 2016
related species), deer, antelope, swine, foul (including chickens, turkeys, ducks, geese, peacocks, guinea
hens, game birds), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and
algae), and any animals typically hunted or trapped. Apiaries are also considered Husbandry land uses.
This excludes animals typically kept as pets and commonly available at commercial pet stores (e.g.,
domestic dogs and cats, fish, small rodents, reptiles, amphibians, tropical/exotic birds).
Regulations:
(a) Any building housing animals shall be located a minimum of 300 feet from any residentially
zoned property, and 100 feet from all other lot lines.
(b) All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum
of 100 feet from any residentially zoned property.
(c) Husbandry land uses are subject to the requirements of Chapter 6 of the City of Oshkosh
Municipal Code.
(d) Minimum required parking: One space per employee on the largest work shift. (See Section 30-
175(19)(b) for surfacing requirements for agricultural uses.)
(3) On-Site Agricultural Retail: The sale of agricultural products grown exclusively on the site. The sale of
products grown or otherwise produced off-site shall not be permitted within On-Site Agricultural
Retail operations and shall be regulated as a distinct land use. Packaging and equipment used to store,
display, package, or carry products for the convenience of the operation or its customers (such as egg
cartons, baskets, containers, and bags) shall be produced off-site.
Regulations:
(a) No structure or group of structures shall exceed 500 square feet in gross floor area.
(b) All structures shall meet all required setbacks for nonresidential land uses.
(c) Signage shall be limited to one on-site sign which shall not exceed 30 square feet in area.
(d) On-Site Agricultural Retail uses, once discontinued for a period of 365 days, shall not be re-
established except with the granting of a conditional use permit, and shall only be permitted in
the RH-35 district.
(e) Minimum required parking: One parking space shall be required for every 200 square feet of
product display area. (See Section 30-175(19)(b) for surfacing requirements for agricultural uses.)
(4) Intensive Agriculture: All operations primarily oriented to the on-site raising and/or use of animals at
an intensity equal to or exceeding one animal unit per acre and/or agricultural activities requiring
structures, equipment and/or infrastructure specific to one operation rather than to farming in general.
Examples of such land uses include feed lots, hog farms, poultry operations, aquaculture, and other
operations meeting this criterion.
Regulations:
(a) New Intensive Agricultural uses shall not be located in or adjacent to an existing or platted
residential subdivision.
(b) All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures,
pens, and similar areas) shall be located a minimum of 300 feet from all residentially zoned
property and 100 feet from all other lot lines.
(c) Intensive Agricultural uses shall be located in an area which is planned for agricultural use in the
City’s Comprehensive Plan.
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Section 30-76: Agricultural Land Uses
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(d) Intensive Agricultural uses shall be completely surrounded by a bufferyard with a minimum
opacity of 1.0.
(e) Minimum required parking: One space per employee on the largest work shift. (Notes: customer
parking shall be provided based on land use; see Section 30-175(19)(b) for surfacing
requirements for agricultural uses.)
(5) Agricultural Service: Operations pertaining to the sale, handling, transport, packaging, storage, or
disposal of agricultural equipment, products, by-products, or materials primarily used or produced by
agricultural operations. Examples of such land uses include, but not limited to, agricultural implement
sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage
facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other
packaging facilities; and agricultural waste disposal facilities (except commercial Composting uses, see
Section 30-84(2)).
Regulations:
(a) New Agricultural Service uses shall not be located in, or adjacent to, an existing or platted
residential subdivision.
(b) All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens
and similar areas) shall be located a minimum of 100 feet from all lot lines.
(c) If within the RH-35 district, agricultural service uses shall be located in an area which is planned
for agricultural use in the City’s Comprehensive.
(d) Once discontinued for a period of 365 days, Agricultural Service uses shall not be re-established
except with the granting of a conditional use permit, and shall only be permitted in the RH-35 or
HI districts.
(e) Minimum required parking: One space per employee on the largest work shift. (Notes: customer
parking shall be provided based on land use; see Section 30-175(19)(b) for surfacing
requirements for agricultural uses.)
(6) Community Garden: Community Garden areas for cultivation and related activities divided into one or
more plots to be cultivated by more than one operator or member. These areas may be on public or
private lands.
Regulations:
(a) All garden areas, signs, and structures shall be located a minimum of 10 feet from the lot line.
(b) A site plan shall be submitted to the Director of Community Development, or designee, for
approval. Said site plan shall list the property owner, established sponsoring organization and
garden manager, and demonstrate consideration for and indicate locations of structures,
materials storage, equipment storage, access for deliveries and pickups, water availability, shaded
rest area, and availability of public parking.
(c) Accessory Buildings.
1. The following structures are permitted in Community Gardens: tool sheds, shade pavilions,
restroom facilities with composting toilets, and planting preparation houses, benches, bike
racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands,
fences, garden art, rain barrel systems, and children’s play areas.
2. A combined total of 1,200 square feet of gross floor area of all accessory structures on the
property is permitted by right. For lots larger than one acre, the maximum permitted
combined total of gross floor area of all accessory structures on the property shall be
increased by one square foot for every 100 square feet of lot area over one acre.
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Section 30-77: Institutional Land Uses
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(d) Signs shall be limited to identification, information, and directional signs, including sponsorship
information where the sponsorship information is clearly secondary to other permitted
information on any particular sign and shall comply with the regulations of Article X.
(e) Fences shall comply with the regulations in Section 30-192.
(f) The applicant shall demonstrate adequate off-street parking availability, as determined by the
Director of Community Development, or designee.
(7) Market Garden: An area for cultivation and related activities divided into one or more plots to be
cultivated by more than one operator or member. These areas may be on public or private lands, with
on-site sales of crops grown on-site permitted. Market Gardens shall adhere to the following listed
regulations.
(a) All activity areas, signs, and structures shall be located a minimum of 10 feet from the lot line.
(b) A site plan shall be submitted to the Director of Community Development, or designee, for
approval. Said site plan shall list the property owner, established sponsoring organization, and
garden manager, and demonstrate consideration for and indicate locations of structures,
materials storage, equipment storage, access for deliveries and pickups, water availability, shaded
rest area, and availability of public parking.
(c) Accessory Buildings.
1. The following structures are permitted within Market Gardens: tool sheds, shade pavilions,
rest-room facilities with composting toilets, and planting preparation houses, benches, bike
racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands,
fences, garden art, rain barrel systems, and children’s play areas.
2. A combined total of 1,200 square feet of gross floor area of all accessory structures on the
property is permitted by right. For lots larger than one acre, the maximum permitted
combined total of gross floor area of all accessory structures on the property shall be
increased by one square foot for every 100 square feet of lot area over one acre.
(d) Seasonal farm stands shall be removed from the premises or stored inside a building on the
premises during that time of the year when the garden is not open for public use.
(e) Signs shall be limited to identification, information, and directional signs, including sponsorship
information where the sponsorship information is clearly secondary to other permitted
information on any particular sign and shall comply with the regulations of Article X.
(f) Fences shall comply with the regulations in Section 30-192.
(g) Minimum required parking: One space per 300 square feet of retail floor area.
Section 30-77: Institutional Land Uses
(1) Indoor Institutional: Indoor public and not for profit recreational facilities (such as gyms, swimming
pools, libraries, museums, and community centers), government facilities, schools, churches, homeless
day shelters, hospitals and walk-in clinics, nonprofit clubs, nonprofit fraternal organizations,
convention centers, private institutional businesses, jails, prisons, and similar land uses.
Regulations:
(a) An off-street passenger loading area shall be provided if the majority of the users will be children
or senior citizens (as in the case of a school, church, library, or similar land use).
(b) Minimum required parking: Generally, one space per three expected patrons at maximum
capacity; however, the following specific requirements may apply.
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Section 30-77: Institutional Land Uses
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1. Hospital: To be determined by Director of Community Development, or designee, based on
parking study.
2. Church: One space per 5 seats at the maximum seating capacity in the main worship area.
For benches, pews, and other similar seating facilities, 30 inches of such seating shall be
counted as one seat for the purpose of this ordinance.
3. Community or recreation center: One space per 400 square feet of gross floor area, or one
space per three patrons at the maximum capacity, whichever is greater, plus one space per
employee on the largest work shift.
4. Funeral home: One space per 5 persons at the maximum capacity, plus one space per
employee on the largest work shift.
5. Library or museum: One space per 400 square feet of gross floor area, or one space per
three patrons at the maximum capacity, whichever is greater, plus one space per employee
on the largest work shift.
6. Elementary and middle school: One space per two employees.
7. Secondary school: One space per two employees, plus 30 percent of maximum student
enrollment.
8. College or trade school: To be determined by Director of Community Development, or
designee, based on parking study.
(2) Outdoor Open Space Institutional: Cemeteries, privately held permanently protected green space areas,
open grassed areas not associated with any particular active recreational land use, and similar land uses.
Regulations:
(a) Minimum required parking: No parking is required; however internal drives may be used for
parking.
(3) Passive Outdoor Recreation: Recreational land uses located which involve passive recreational
activities, such as arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski
trails, horse trails, picnic areas, picnic shelters, botanical gardens, fishing areas, and similar land uses.
Regulations:
(a) Minimum required parking: One space per four expected patrons at maximum capacity for any
use requiring over 5 spaces, or where maximum capacity is not available, 10 spaces per use, plus
one space per employee on the largest work shift
(4) Active Outdoor Recreation: Recreational land uses which involve active recreational activities. Such
land uses include tennis courts, basketball courts, ball diamonds, football fields, soccer fields,
neighborhood parks, tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public
golf courses, and similar land uses.
Regulations:
(a) Facilities using recreational facility night lighting and adjoining a residentially zoned property
shall install and continually maintain a bufferyard with a minimum opacity of 0.60. Said
bufferyard shall be located at the property line adjacent to said residentially zoned property.
(b) All structures, paved areas, and active recreational improvements such as sandboxes, tot lots,
tennis courts, and baseball backstops shall be located a minimum of 25 feet from any
residentially zoned property.
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(c) Facilities which serve a regional or community-wide function shall provide an off-street
passenger loading area if the majority of the users will be children or senior citizens.
(d) Minimum required parking: Generally, one space is required per four expected patrons at
maximum capacity for any use requiring over 5 spaces, however, the following specific
requirements apply.
1. Athletic facilities: one space per employee on the largest work shift, plus one space per 4
patrons (participants and spectators) at maximum capacity.
2. Tot lots, fitness courses, and parks: no parking spaces required.
3. The Director of Community Development, or designee, has the ability to require a parking
study to increase or reduce parking requirements for any combination of the above uses.
(5) Essential Services: The erection, construction, alteration, or maintenance by public utilities or
municipal or other governmental agencies and private utilities, of underground and overhead lines and
pipes for gas, electric, telephone, communications, cable television, steam, public water supply, sanitary
sewage collection, stormwater detention or conveyance, or other comparable utilities. Essential
Services include such above-surface facilities as poles, guide wires, fire alarm boxes, water hydrants, lift
stations, utility posts, police call boxes, cabinets, vaults, and standpipes. Essential Services do not
include larger utility facilities included under Large Scale Public Services and Utilities, such as electric
substations, wastewater treatment plants, well houses, and water towers.
Regulations:
(a) Essential services are exempt from density, intensity, and bulk regulations.
(b) All structures shall be located a minimum of 20 feet from any residentially zoned property. Does
not include landscaping or storm water detention facilities
(c) Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned
property.
(d) The exterior of all buildings shall meet the requirements for exterior materials of Article VIII.
(e) Minimum required parking: None.
(6) Large Scale Public Services and Utilities: Large scale facilities such as public works facilities and
garages, wastewater treatment plants, potable water treatment plants, public and/or private utility
substations, water towers, well houses, and similar land uses involving buildings and/or fenced
enclosures. This does not include uses listed under Essential Services.
Regulations:
(a) All structures shall be located a minimum of 20 feet from any residentially zoned property.
(b) Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned
property.
(c) The exterior of all buildings shall meet the requirements for exterior materials of Article VIII.
(d) All outdoor storage areas adjoining a residentially zoned property shall install and continually
maintain a bufferyard with a minimum opacity of 0.60. Said bufferyard shall be located at the
property line adjacent to said residentially zoned property.
(e) Minimum required parking: One space per employee on the largest work shift, plus one space
per company vehicle normally stored or parked on the premises.
(7) Community Living Arrangement (1-8 Residents): Facilities provided for in Wis. Stats. 62.23(7)(i),
including community living arrangements for adults as defined in Wis. Stats. 46.03(22), community
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living arrangements for children as defined in Wis. Stats. 48.743(1), foster homes as defined in Wis.
Stats. 48.02(6), and adult family homes and community-based residential facilities (CBRFs) as defined
in Wis. Stats. 50.01(1g).
Community Living Arrangements do not include Roommate Residential Living Arrangements,
Boarding Houses, Group Daycare Centers, nursing homes, homeless shelters, hospitals, prisons, or
jails. Community Living Arrangement facilities are regulated depending upon their capacity as provided
for in Wis. Stats. 62.23(7)(i)1.-5., provided any such regulations do not violate federal or state housing
or anti-discrimination laws.
Regulations:
(a) No Community Living Arrangement shall be established within 2,500 feet of any other such
facility regardless of its capacity.
(b) The total capacity of all Community Living Arrangements (of all capacities) in the City shall not
exceed one percent of the City’s population. The Director of Community Development, or
designee, shall make this determination.
(c) Foster homes housing four or fewer children and licensed under Wis. Stats. 48.62 shall not be
subject to (a), above; and shall not be subject to, or count toward, the total arrived at in (b),
above.
(d) Each facility shall have a rear and side yard which is visually screened from adjacent residential
properties using a bufferyard with a minimum opacity of 0.20.
(e) Minimum required parking: One off-street parking space per employee on the largest work shift.
(f) Driveways shall be considered legal “stacked” parking spaces, provided that each parking space is
no less than 8 feet in width and 18 feet in depth. A driveway may contain one or more legal
parking spaces.
(8) Community Living Arrangement (9-15 Residents): See description under Subsection (7), above.
Regulations:
(a) No Community Living Arrangement shall be established within 2,500 feet of any other such
facility regardless of its capacity.
(b) The total capacity of all Community Living Arrangements (of all capacities) in the City shall not
exceed one percent of the City’s population.
(c) Foster homes housing four or fewer children and licensed under Wis. Stats. 48.62 shall not be
subject to (a), above; and shall not be subject to, or count toward, the total arrived at in (b),
above.
(d) Each facility shall have a rear and side yard which is visually screened from adjacent residential
properties using a bufferyard with a minimum opacity of 0.20.
(e) Minimum required parking: One off-street parking space per employee on the largest work shift.
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(9) Community Living Arrangement (16+ Residents): See description under Subsection (7), above.
Regulations:
(a) No Community Living Arrangement shall be established within 2,500 feet of any other such
facility regardless of its capacity.
(b) The total capacity of all Community Living Arrangements (of all capacities) in the City shall not
exceed one percent of the City’s population.
(c) Foster homes housing four or fewer children and licensed under Wis. Stats. 48.62 shall not be
subject to (a), above; and shall not be subject to, or count toward, the total arrived at in (b),
above.
(d) The minimum lot size for each district shall apply, except that the minimum lot area in square
feet shall be increased 1,000 square feet for each additional two residents over 15.
(e) Each facility shall have a rear and side yard which is visually screened from adjacent residential
properties using a bufferyard with a minimum opacity of 0.20.
(f) Minimum required parking: One off street parking space per employee on the largest work shift.
(10) Institutional Residential: Residential development designed to accommodate Institutional Residential
land uses, such as convents, monasteries, dormitories, fraternities, sororities, senior housing, retirement
homes, assisted living facilities, nursing homes, hospices, convalescent homes, limited care facilities,
rehabilitation centers, homeless shelters (with or without meal service), and similar land uses not
considered to be Community Living Arrangements under Sections 30-77(7) through (9) of this
ordinance or under the provisions of Wis. Stats. 62.23.
Regulations:
(a) Project shall provide an off-street passenger loading area at a minimum of one location within
the development.
(b) Minimum required parking: The following specific parking requirements may apply.
1. Public or private dormitory: One space per three residents plus one space per nonresident
employee on the largest work shift.
2. Monastery or convent: One space per three beds plus one space per employee on the largest
work shift.
3. Senior housing or retirement housing: One space per dwelling unit.
4. Assisted living facility or limited care facility: One space per two dwelling units, plus one
space per two employees on the largest work shift.
5. Nursing home or hospice: One space per four patient beds, plus three spaces per four
employees on the largest work shift. A plan to manage parking during shift changes shall be
provided to the Director of Community Development, or designee.
Section 30-78: Commercial Land Uses
(1) Office: Indoor Offices where the primary function is the handling of information or administrative
services. Office uses do not typically provide services directly to customers on a walk-in basis.
Regulations:
(a) Minimum required parking: One space per 300 square feet of gross floor area.
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(2) Personal or Professional Service: Indoor service land uses where the primary function is the provision
of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses
include establishments where customers make an appointment, such as professional services, insurance
or financial services, realty offices, small scale by-appointment medical offices and clinics, veterinary
clinics, barber shops, beauty shops, and related land uses including ancillary on site production of items
used in the provision of such services.
Regulations:
(a) Minimum required parking: One space per 300 square feet of gross floor area.
(3) Indoor Sales or Service: The sale and/or display of merchandise or equipment or non-personal or non-
professional services, entirely within an enclosed building. Includes general merchandise stores, grocery
stores, butcher, sporting goods stores, antique stores, gift shops, laundromats, bakeries, copy and
printing centers, photo processing centers, and other uses meeting this definition.
Regulations:
(a) Minimum required parking: One space per 300 square feet of gross floor area.
(4) Outdoor Display: Land uses where the sale and display of merchandise or equipment is conducted
outside of an enclosed building on more than a temporary basis. Examples include, but are not limited
to, outdoor garden centers, outdoor recreation equipment sales, monument sales, flea markets, and
manufactured and mobile housing sales. If the permanent Outdoor Display area is less than 250 square
feet and is secondary to an Indoor Sales or Service use, such use shall instead be considered Incidental
Outdoor Display under Section 30-86(15). Outdoor Display on a temporary basis shall be regulated by
Temporary Outdoor Sales under Section 30-87(6).
Regulations:
(a) The outdoor display area shall be calculated as the area which would be enclosed by an imaginary
line that would completely enclose all materials displayed outdoors in the smallest possible
rectangle.
(b) The facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders
of the display area abutting residentially zoned property.
(c) The display of items shall not be permitted in required setback areas, landscape areas, or
bufferyards, unless located in a parking lot.
(d) Inoperable vehicles or equipment, or other items typically stored in a junkyard or salvage yard as
defined under Section 30-84(4), shall not be displayed.
(e) In no event shall the display of items reduce or inhibit the use or number of parking stalls
provided on the property below the requirement established by (i), below. If the number of
provided parking stalls on the property is already less than the requirement, such display area
shall not further reduce the number of parking stalls already present.
(f) Display areas shall be separated from any circulation area by a minimum of 10 feet. This
separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or
line of planters, or by a clearly marked paved area.
(g) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any
manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts. Signs, screening, enclosures, landscaping, or materials being
displayed shall comply with requirements related to corner clearance, vision triangles, crosswalks,
drive aisle width, parking stall dimensions, fire lanes, bike lanes, or similar requirements related
to traffic and pedestrian safety.
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(h) Outdoor Display shall be permitted during the entire calendar year, however, if goods are
removed from the display area all support fixtures used to display the goods shall be removed
within 10 calendar days of the goods’ removal.
(i) Minimum required parking: One space per 1,000 square feet of gross outdoor floor area.
(5) Artisan Production Shop: A building or portion thereof used by 10 or fewer artists or artisans for the
creation, preparation, display and sale of unique (rather than mass-produced) individually crafted items
including artwork, jewelry, custom furniture, woodwork, sculpture, glass, metal, pottery, leathercraft,
hand-woven articles, and related items, as either a principal use or accessory use.
Regulations.
(a) Minimum required parking: One space per 300 square feet of gross floor area.
(6) Physical Activity Studio: All land uses which provide a facility for training, instruction, and physical
activity within an enclosed building. Such activities often have operating hours which extend
significantly earlier or later than most other commercial land uses, and often employ amplified music
to set training tempo. Examples of such land uses include health or fitness centers, all forms of
training studios (yoga, dance, art, martial arts, gymnastics, etc.), and music schools.
Regulations.
(a) No customer entrance of any kind shall be permitted within 50 feet of a residentially zoned
property.
(b) Facility shall provide bufferyard with minimum opacity of .60 along all borders of the property
abutting residentially zoned property if outdoor physical activity takes place (see Section 30-
253(5)).
(c) Shall comply with Section 30-382, procedures applicable to all conditional uses.
(d) Minimum required parking: One space per every three persons at the maximum capacity of the
establishment.
(7) Commercial Kitchen: A building or portion thereof used for the preparation of food that can be
rented or used as a classroom by different organizations, businesses, or individuals. Products produced
on site may be sold off site.
Regulations.
(a) Shall comply with the requirements of the Health Code of Winnebago County and applicable
state regulations.
(b) Minimum required parking: One space per every 300 feet of gross floor area.
(8) Restaurants, Taverns, and Indoor Commercial Entertainment: Land uses which provide entertainment
services entirely within an enclosed building. Such activities often have the potential to be associated
with nuisances related to amplified music, noise, lighting, trash, and late operating hours that extend
significantly later than most other commercial land uses. Examples of such land uses include, but are
not limited to, restaurants, taverns, theaters, bowling alleys, arcades, roller rinks, and pool halls.
Regulations.
(a) Customer entrances shall be located a minimum of 50 feet from residentially zoned property.
(b) Minimum required parking: One space per every 300 feet of gross floor area.
(9) Outdoor Commercial Entertainment: Land uses which provide entertainment services partially or
wholly outside of an enclosed building. Such activities often have the potential to be associated with
nuisances related to noise, lighting, dust, trash, and late operating hours. Outdoor commercial
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entertainment land uses may include, but are not limited to outdoor eating and drinking areas, sand
volleyball courts, outdoor assembly areas, and outdoor swimming pools associated with another
principal land use. Note that high-attendance facilities oriented to non-resident users or attendees and
intensively lit tournament oriented outdoor facilities are considered intensive outdoor activity land uses
(see Section 30-78(22)).
Regulations:
(a) Customer entrances shall be located a minimum of 50 feet from residentially-zoned property.
(b) Activity areas shall not be located closer than 50 feet to a residentially-zoned property.
(c) Facility shall provide bufferyard with minimum opacity of 0.40 along all borders of the outdoor
activity area abutting residentially-zoned property.
(d) Minimum required parking: One space for every three persons at the maximum capacity of the
establishment.
(10) Drive-Through and In-Vehicle Sales or Service: Land uses where sales and/or services are conducted
to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity
(except vehicle repair and maintenance services). Such land uses often have traffic volumes which
exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land
uses include, but are not limited to, drive-in facilities, drive-through facilities, fuel stations, and car
washes.
Regulations:
(a) Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the
facility.
(b) Drive-through windows shall not be located between the principal building and the street right-
of-way.
(c) The drive-through facility shall be designed so as to not impede or impair vehicular and
pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.
(d) In no instance shall a drive-through facility be permitted to operate which endangers the public
safety, even if such land use has been permitted under the provisions of this Section.
(e) The setback of the outer edge of any overhead canopy or similar structure shall be a minimum of
10 feet from all street rights-of-way lines, or the principal building setback, whichever is greater;
a minimum of 20 feet from all residentially-zoned property lines; and shall be a minimum of 5
feet from all other property lines. The total height of any overhead canopy or similar structure
shall not exceed 25 feet per the measurement of roof height.
(f) Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders
abutting residentially zoned property.
(g) Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps,
vacuums, menu boards, canopy supports, and landscaped islands not part of an approved
stormwater management system. Said curbs shall be a minimum of 6 inches high.
(h) Minimum stacking lane length for drive-through facilities shall be as follows:
1. Automatic car wash: 100 feet in front of the car wash entrance and 25 feet after the exit.
2. Establishments selling food and/or drink: 100 feet in front of each order station, 55 feet
between the order station and the pick-up window, and 25 after the pick-up window.
3. All other uses: 55 feet in front of and 25 feet after each service window.
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(i) Minimum required parking: Refer to the parking requirements of the other land use activities on
the site, such as Indoor Sales and Service land uses for a gas station/convenience store, or Office
land uses for a bank.
(11) Group Daycare Center (9+ Children): Facilities which provide childcare services for 9 or more
children. Such land uses may be operated in conjunction with another principal land use on the same
environs, such as a church, school, business, or civic organization. In such instances, group daycare
centers are considered a separate principal use and require review as such.
Regulations:
(a) Group Daycare Centers shall not be located within a residential building.
(b) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property
borders abutting residentially zoned property.
(c) Minimum required parking: One space per 10 students, plus one space for each employee on the
largest work shift.
(12) Commercial Animal Boarding/Daycare: Facilities where short-term and/or long-term animal boarding
is provided, including commercial kennels, commercial stables, pet daycare, and animal shelters.
Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory
to and do not require separate consideration.
Regulations:
(a) Animal containment areas shall be surrounded by a bufferyard with a minimum opacity of 0.70
along sides abutting residentially zoned property
(b) Each animal shall be provided with an indoor containment area.
(c) Events such as shows, exhibitions, and contests shall only be permitted when a temporary use
permit has been secured.
(d) Minimum required parking: One space per every 1,000 square feet of gross floor area.
(13) Bed and Breakfast: Bed and Breakfasts are places of lodging that provide rooms for rent in the owner’s
personal residence, are occupied by the owner at the time of rental, and where the only meal served to
guests is breakfast.
Regulations:
(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.40 along all property
borders abutting residentially zoned property.
(b) The dwelling unit in which the Bed and Breakfast takes place shall be the principal residence of
the operator/owner and said operator/owner shall live on the premises when the Bed and
Breakfast operation is active.
(c) The facility shall comply with the requirements of Wis. Stats. 254.61 Chapter DHS 197 of the
Wisconsin Administrative Code.
(d) Minimum required parking: One space per each bedroom in addition to requirements for
principal residents.
(14) Vacation Rental Home: A dwelling unit available for overnight, weekend or weekly stays by paying
guests, which may or may not be owner-occupied for parts of the year. These uses are often referred to
as vacation rentals and include timeshare units. Where such units are available for lease for periods of
time longer than 14 consecutive nights, such uses shall not be considered Vacation Rental Homes, but
shall instead be considered Single Family Dwelling Units, separately described and regulated under this
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Section 30-78: Commercial Land Uses
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Chapter. Also not included within this land use category are: Bed and Breakfast, Commercial Indoor
Lodging, or Boarding House Living Arrangement.
Regulations:
(a) Vacation Rental Homes shall not provide rooms for rent for more than 30 total nights during a
12-month period.
(b) Occupancy shall be limited to two persons per bedroom, plus an additional two persons. At no
time may the number of guests exceed eight regardless of the number bedrooms in the dwelling
unit.
(c) The maximum stay for any party other than the owner of the premises shall be 14 consecutive
days.
(d) The appearance or use of the dwelling shall not be altered in a manner that would cause the
premises to differ from its residential character either by the use of colors, materials,
construction, lighting, signs, or the emission of sounds, odors, dust or vibrations that carry
beyond the premises.
(e) The availability of the Vacation Rental Home to the public shall not be advertised on site.
(f) Minimum required parking: One space per each bedroom. All guest vehicles shall be parked on
site.
(g) A driveway may contain one or more legal parking spaces. Driveways shall be considered legal
“stacked” parking spaces, provided that each driveway parking space is no less than 8 feet in
width and 18 feet in depth.
(15) Commercial Indoor Lodging: Facilities where overnight housing in individual rooms or suites of
rooms is provided, with each room or suite having a private bathroom. Such land uses may provide in-
room or in-suite kitchens and may also provide indoor recreational. Restaurant, lounge, fitness centers,
and other on-site facilities available to non-lodgers are considered principal uses and therefore require
review as a separate land use.
Regulations:
(a) Customer entrances shall be located 50 feet from residentially zoned property.
(b) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property
borders abutting residentially zoned property.
(c) Minimum required parking: One space per room for rent, plus one space for each employee on
the largest work shift.
(16) Campground: Campgrounds include any facilities designed for overnight accommodation of persons in
tents, travel trailers, or other mobile or portable shelters or recreational vehicles, including recreational
vehicle overnight stays in parking lots and other similar locations not in campgrounds.
Regulations:
(a) Campgrounds shall be surrounded by a bufferyard with a minimum opacity of 0.70 along all
property borders abutting residentially zoned property.
(b) Facility shall secure a County Health Department license.
(c) Minimum required parking: Two spaces per campsite.
(17) Indoor Maintenance Service: Facilities where maintenance and repair service is provided and all
operations are located entirely within an enclosed building, including the repair of clocks, vacuum
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cleaners, and small appliances. This shall not include Vehicle Sales or Vehicle Service and Repair land
uses.
Regulations:
(a) Minimum required parking: One space per 300 square feet of gross floor area.
(18) Outdoor Maintenance Service: Facilities where maintenance and repair service is provided and where
all or any portion of the operation is located outside of an enclosed building. This shall not include
Vehicle Sales or Vehicle Service and Repair land uses.
Regulations:
(a) All outdoor activity areas shall be completely enclosed by a minimum 6 feet high, solid fence.
Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and
shall be screened from such property by a bufferyard with a minimum opacity of 0.60.
(b) Outdoor storage of unlicensed or inoperable vehicles is prohibited outside fenced areas.
(c) Minimum required parking: One space per 300 square feet of gross floor area, or one space per
each employee on the largest shift, whichever is less.
(19) Vehicle Sales: The sale and display of vehicles for sale or rent outside of an enclosed building. Such
land uses also include an ancillary repair shop associated with the vehicle display lot and sales building.
Regulations:
(a) The display of vehicles shall not be permitted in green space areas, landscaped areas, or required
bufferyards.
(b) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of
the display area abutting residentially zoned property.
(c) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any
manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
(d) Inoperable vehicles or equipment or other items typically stored or displayed in a junkyard or
salvage yard shall not be permitted.
(e) Minimum required parking: One space per 300 square feet of gross floor area plus one space per
every 3,000 square feet of outdoor display.
(20) Vehicle Service and Repair: Facilities where vehicle service and/or repair is provided entirely within an
enclosed building, including unlicensed or inoperable vehicles used for spare parts.
Regulations:
(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of
the display area abutting residentially zoned property.
(b) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any
manner with either on-site or off-site traffic visibility, including potential vehicle/vehicle and
vehicle/pedestrian conflicts.
(c) Outdoor storage of unlicensed or inoperable vehicles is prohibited outside areas fully screened
by a solid fence. Outdoor storage of other items typically stored or displayed in a junkyard or
salvage yard shall not be permitted.
(d) Minimum required parking: One space per 300 square feet of gross floor area.
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(21) Water-Related Recreation: Lake-related or river-related recreational facilities such as marinas, yacht
clubs, bait shops, boat launching ramps, boat slips, boat storage, docking facilities, boat liveries and
rentals, and boat repair and maintenance facilities, including gasoline pumps for marine use.
Regulations:
(a) Minimum required parking: Generally, one space is required per every four patrons at maximum
capacity; however the following specific requirements apply:
1. Bait shops, marine supplies, and boat repair and maintenance facilities: One space per 300
square feet of gross floor area plus one space per employee on the largest work shift.
2. Boat repair and maintenance facilities: One space per 300 square feet of gross floor area.
3. Marinas, yacht clubs, boat slips, boat docking facilities, and boat liveries and rentals: One
space per watercraft kept on site.
4. Excursion and fishing cruises: One space is per every four patrons at maximum capacity plus
one space per employee on the largest work shift.
5. Boat launching ramps: Per Wisconsin Department of Natural Resources regulations.
(22) Intensive Outdoor Activity: Land uses located on private or public property that require intensive
lighting and generate regional traffic and noise beyond property lines. Intensive outdoor activity land
uses may include, but are not limited to, amusement parks, water parks, fairgrounds, outdoor stadiums,
go cart tracks, paint ball, race tracks, ski hills, drive-in theaters, miniature golf, driving ranges, and
tournament-oriented athletic facilities.
Regulations:
(a) No Intensive Outdoor Activity shall take place before 8:00am or after 10:00pm except as
explicitly authorized by the conditional use process.
(b) A bufferyard with a minimum opacity of 1.0 shall be provided along all property abutting
residentially zoned property and for any facility requiring night lighting.
(c) Facilities serving a regional or community-wide function shall provide an off-street passenger
loading area if the majority of the users will be children or senior citizens.
(d) Any activity area other than parking shall be set back a minimum of 100 feet from the property
line.
(e) Minimum required parking: One space per every 5 expected patrons at maximum capacity. The
Director of Community Development, or designee, may require a parking study to determine
parking requirements.
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Section 30-79: Multiple Use Buildings
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Section 30-79: Multiple Use Buildings
(1) Apartments with Limited Commercial: An apartment building which contains one or more principal
nonresidential land uses on the ground floor.
Regulations:
(a) This land use shall comply with all of the bulk and density requirements that apply to the most
similar dwelling unit in Section 30-75.
(b) The principal commercial use shall be limited to the ground floor of the building and shall
consist of no more than 33 percent of the gross floor area of the ground floor, or 5,000 square
feet, whichever is smaller.
(c) Minimum required parking: The parking requirements of each individual land use shall apply.
(d) Apartments with Limited Commercial shall comply with the design standards for multi-family
uses. See Section 30-242.
(2) Mixed Use Building: A building containing a mix of principal commercial land uses and principal
residential land uses.
Regulations:
(a) Minimum Amount of Ground Floor Commercial. Refer to Section 30-78 for a list of commercial
uses.
1. Residential uses shall comprise of no more than 30 percent of the gross floor area of the
ground floor.
2. In the Riverfront Overlay, at least 70 percent of the building’s ground floor area shall consist
of commercial uses
3. In all other districts, at least 50 percent of the building’s ground floor area shall consist of
commercial uses.
(b) Minimum required parking: The parking requirements of each individual land use shall apply.
(c) Mixed Use Buildings shall comply with the design standards for commercial uses and mixed
uses. See Section 30-243.
(3) Live/Work Building: A multi-unit building, typically arranged in a townhouse side-by-side format, in
which each unit contains a commercial use on the ground floor with a residential use on upper floors,
with both uses occupied by the same resident/business operator. The commercial use is typically
interconnected to the residential use with an internal stair or elevator.
(a) The live/work building shall be the primary dwelling of the occupant.
(b) The commercial component of the live/work building is limited to the following land uses, but
only if such uses are also permitted by right or by conditional use permit in the applicable zoning
district:
1. Office
2. Personal or Professional Service
3. Indoor Sales or Service
4. Artisan Production Shop
5. Indoor Maintenance Service
(c) Employees who are not residents of the unit are permitted.
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(d) The commercial use is subject to the regulations of the applicable land use category in Section
30-78.
(e) Both uses are subject to the nonresidential density, intensity, and bulk requirements of Article II.
(f) The residential and the commercial space shall be occupied by the same tenant, and no portion
of the live/work building shall be rented or sold separately.
(g) Minimum required parking: The parking requirements of each individual land use shall apply.
(h) Live/Work Buildings shall comply with the design standards for commercial uses and mixed
uses. See Section 30-243.
Section 30-80: Industrial Land Uses
(1) Light Industrial: Facilities where all operations, with the exception of loading, are conducted entirely
within an enclosed building. Such land uses are not associated with nuisances such as odor, noise, heat,
vibration, and radiation which are detectable at the property line, and do not pose a significant safety
hazard (such as danger of explosion). Examples include, but are not limited to manufacturing
of clothing, furniture, cabinetry, electronic components, and mass-produced arts and crafts. Industrial
land uses may conduct indoor sales as an accessory use provided that the requirements of Section 30-
78(3) are complied with.
Regulations:
(a) All activities, except loading and unloading, shall be conducted entirely within the confines of a
building.
(b) Minimum required parking: One space per each employee on the largest work shift.
(2) Heavy Industrial: Industrial activities that may be wholly or partially located outside of an enclosed
building; may have the potential to create certain nuisances which are detectable at the property line;
and may involve materials which pose a significant safety hazard. Examples include, but are not limited
to: meat product producers; paper, pulp or paperboard producers; chemical and allied product
producers (except drug producers) including poison or fertilizer producers; petroleum and coal
product producers; asphalt, concrete or cement producers; tanneries; stone, clay, or glass product
producers; primary metal producers; heavy machinery producers; electrical distribution equipment
producers; electrical industrial apparatus producers; transportation vehicle producers; commercial
sanitary sewage treatment plants; railroad switching yards; recycling facilities not involving the on-site
storage of salvage materials; and large-scale alcoholic beverage producers exceeding the production
limits in Chapter 125, Wisconsin Statutes.
Regulations:
(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.0 along all borders of
the property abutting properties which are not zoned HI.
(b) All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned
property.
(c) In no event shall the storage of items reduce or inhibit the use or number of parking stalls
provided on the property below the requirement established by the provisions of (e), below. If
the number of provided parking stalls on the property is already less than the requirement, such
storage area shall not further reduce the number of parking stalls already present.
(d) Minimum required parking: One space per each employee on the largest work shift.
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(3) Indoor Food Production or Production Greenhouse: Any business whose principal activity is the
growing and wholesaling of plants or plant byproducts (not including fruits and vegetables) that are
either grown or stored within an enclosed building or structure constructed chiefly of glass or glasslike
material, cloth, or other permanent material. This land use also includes the following activities: the
seasonal display of plants and related products outdoors; the farming of aquatic plants and animals
under controlled conditions utilizing recirculating (closed) system technology; and aquaponics, which is
the symbiotic cultivation of plants and aquatic organisms in a recirculating system.
Regulations:
(a) Outdoor display areas up to 250 square feet shall comply with the requirements of Incidental
Outdoor Display under Section 30-86(15). Outdoor display greater than 250 square feet shall
comply with the requirements of Outdoor Display as a principal use under Section 30-78(4).
(b) Materials being stored shall not interfere in any manner with either on-site or off-site traffic
visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(c) On-site processing of seafood is permitted; provided the activity is conducted entirely within an
enclosed building and no odors are detectable from the property line.
(d) The on-site retail sale of seafood or vegetables shall be considered Incidental Indoor Sales
subject to the provisions of Section 30-86(16), provided the area devoted to sales does not
exceed 25 percent of the total area of the building(s) within which the operation is located. Retail
areas that exceed 25 percent of the total area of the building(s) within which the operation is
located shall be considered an Indoor Sales and Service principal land use.
(e) The farming of aquatic plants and animals under controlled conditions shall take place entirely
within an enclosed building.
(f) On-site composting shall be permitted, subject to the following regulations:
1. Compost areas shall be fully screened on all four sides by a combination of on-site buildings,
solid fencing, and evergreen landscaping.
2. Composting shall comply with all county, state, and federal rules, regulations, and permitting
requirements.
(g) Minimum required parking: One space per 1,000 square feet of gross floor area.
Section 30-81: Storage Land Uses
(1) Indoor Storage and Wholesaling: Land uses primarily oriented to the receiving, holding, and shipping
of packaged materials for a single business or a single group of businesses. With the exception of
loading and parking facilities, such land uses are contained entirely within an enclosed building.
Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities,
and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered
accessory uses per Section 30-86(16).
Regulations:
(a) Minimum required parking: One space per 2,000 square feet of gross floor area.
(2) Outdoor Storage and Wholesaling: Land uses primarily oriented to the receiving, holding, and shipping
of packaged materials for a single business or a single group of businesses. Such a land use, in which
any activity beyond loading and parking is located outdoors, is considered an Outdoor Storage and
Wholesaling land use. Examples of this land use include, but are not limited to, storage yards,
equipment yards, lumber yards, and coal yards.
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Regulations:
(a) All outdoor storage areas shall be completely enclosed by any permitted combination of
buildings, structures, walls, and solid fencing. Such walls and fencing shall be a minimum of 8
feet in height and shall be designed to completely screen all stored materials from view from
non-industrialized areas. Said walls or fencing shall be screened from residentially zoned property
by a bufferyard with a minimum opacity of 0.80.
(b) Outdoor storage areas accessory to a principal land use and occupying 500 square feet or less
shall be regulated as Incidental Outdoor Storage under Section 30-86(18).
(c) The storage of items shall not be permitted in landscaping areas, bufferyard areas, or green space
areas.
(d) In no event shall the storage of items reduce or inhibit the use or number of parking stalls
provided on the property below the requirement established by the provisions of Subsection (g).
If the number of provided parking stalls on the property is already less than the requirement,
such storage area shall not further reduce the number of parking stalls already present.
(e) Materials being stored shall not interfere in any manner with either on-site or off-site traffic
visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.
(f) Inoperable vehicles or equipment, or other items typically stored in a junkyard or salvage yard,
shall not be stored under the provisions of this land use.
(g) Minimum required parking: One space for every 10,000 square feet of gross storage area, plus
one space per each employee on the largest work shift.
(3) Personal Storage Facility: Also known as “mini-warehouses,” these land uses are oriented to the indoor
storage of items entirely within partitioned buildings having an individual access to each partitioned
storage area.
Regulations:
(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.80 along all property
borders abutting residentially zoned property.
(b) Facility may include outdoor storage of recreational equipment including recreational vehicles,
camping trailers, ice shanties, and recreational equipment stored in/on trailers. Any such outdoor
storage shall require conditional use approval. All outdoor storage areas shall be completely
enclosed by any permitted combination of buildings, structures, walls, and solid fencing.
(c) Facilities without outdoor storage may use fencing no higher than 8 feet. Chain link fence slats
and barb wire fences are prohibited.
(d) Minimum required parking: One space for each employee on the largest work shift. Parking for
loading and unloading is permitted in drive aisles.
Section 30-82: Transportation Land Uses
(1) Transit Center: A building, structure, and/or area designed and used for the purpose of loading,
unloading, or transferring passengers or accommodating the movement of passengers from one mode
of transportation to another. Examples include, but are not limited to, bus stations, train stations, and
park and ride stations.
Regulations:
(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.0 along all property
borders abutting residentially zoned property.
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(b) All buildings, structures, outdoor storage areas, and any other activity areas, except employee and
passenger parking, shall be located a minimum of 100 feet from all lot lines abutting residentially
zoned property.
(c) Minimum required parking: To be determined by Director of Community Development, or
designee, based on parking study.
(2) Distribution Center: Facilities oriented to the short-term indoor storage and possible repackaging and
reshipment of materials involving the activities and products of a single user. Retail outlets associated
with this use shall be considered accessory uses per Section 30-86(16).
Regulations:
(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property
borders abutting residentially zoned property.
(b) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a
minimum of 100 feet from all lot lines abutting residentially zoned property.
(e) In no instance shall activity areas be located within landscaping areas, bufferyard areas, or green
space areas.
(c) Minimum required parking: One space per each employee on the largest work shift.
(3) Freight Terminal: Land and buildings representing either end of one or more truck carrier line(s) which
may have some or all of the following facilities: yards, docks, management offices, storage sheds,
buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities,
principally serving several or many businesses requiring trans-shipment.
Regulations:
(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all property
borders abutting residentially zoned property.
(b) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a
minimum of 100 feet from all lot lines abutting residentially zoned property.
(c) In no instance shall activity areas be located within landscaping areas, bufferyard areas, or green
space areas.
(d) Minimum required parking: One space per each employee on the largest work shift.
(4) Airport: Transportation facilities providing takeoff, landing, servicing, storage, and other services to
any type of air transportation. Takeoffs and landings of any type of air vehicle (including ultralight
aircraft, hang gliders, parasails, and related equipment) within the jurisdiction of this Chapter shall
occur only in conjunction with an approved Airport.
Regulations:
(a) Airports shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of
the property not otherwise completely screened from activity areas by buildings or structures.
(b) Airports shall conform to the regulations of the Winnebago County Airport Zoning Ordinance.
(c) Minimum required parking: One space per each employee on the largest work shift. A parking
study shall be conducted to determine passenger parking requirements.
(5) Heliport: An area designed to be used for the landing or takeoff of helicopters including operations
facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.
Regulations:
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(a) The Heliport shall be located at least 200 feet from any residentially used or zoned property,
measured in a straight line from the closest point of the takeoff and landing area to the property
line of the closest residentially used or zoned property. The application shall include an area map
showing the distance between the proposed takeoff and landing area and the nearest residential
property.
(b) The Heliport shall be constructed, operated, and maintained in accordance with the rules and
regulations of the Federal Aviation Administration (FAA) and State.
(6) Off-Site Parking Lot: Off-Site Parking Lots include any areas used for the temporary surface parking
of vehicles which are fully registered, licensed, and operable. See Section 30-175 for additional parking
regulations.
Regulations:
(a) Access and vehicular circulation shall be designed so as to discourage cut-through traffic.
(7) Off-Site Structured Parking. Commonly referred to as a parking ramp or parking garage, Off-Site
Structured Parking is a type of parking structure for the temporary parking of vehicles which are fully
registered, licensed, and operable. Off-Site Structured Parking is stand-alone, multi-level parking area
in which one or more levels are supported above the lowest level. A parking structure may also include
underground parking spaces. Parking structures that are incorporated into the same building as a
separate principal land use shall be regulated as On-Site Structured Parking under Section 30-86(13).
See Section 30-175 for additional parking regulations.
Regulations:
(a) Parking structures may contain other commercial uses on the ground floor level. Such uses shall
be limited to those permitted by right or by conditional use permit in the applicable zoning
district.
(b) Parking structures must meet all applicable bulk requirements.
(c) Clearly-marked pedestrian connections between the parking structure and adjacent uses shall be
provided.
(d) Screening or other improvements that shield parked vehicles from view at each level of the
parking structure shall be installed.
(e) Parking structures shall comply with the landscaping requirements of Article IX.
(f) Exterior elevations shall be designed to minimize the use of blank concrete façades and shall
have an architectural treatment that is compatible with the surrounding architectural context.
Exterior elevations are encouraged to be designed to replicate the regular window pattern and
other architectural elements of adjacent buildings.
Section 30-83: Telecommunication Land Uses
(1) Communication Tower: Any structure that is designed and constructed for the purpose of supporting
one or more antennas for communication purposes such as cellular telephones or similar, including
self-supporting lattice towers, guyed towers, or monopole towers. For satellite dishes and antennas
accessory to a principal use, see Section 30-86(19) through 30-86(21). Height shall be measured from
finished grade to the highest point on the tower or other structure, including the base pad. This
definition includes the mobile service support structure, supports, and equipment buildings.
Regulations:
(a) Applicability. This land use shall not be regulated or permitted as Essential Services, or Large
Scale Public Services and Utilities. This Section shall apply to the following:
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1. New towers. All new towers in the City of Oshkosh shall be subject to these regulations.
2. Preexisting towers. Preexisting towers shall not be required to meet the requirements of this
Section, other than the requirements of Subsection (b) of this Section.
3. Towers shall be considered principal uses. A different use on the same lot shall not preclude
the installation of a tower on such lot.
4. See Section 30-86(21) for Communication Antennas, an accessory land use typically
associated with Communication Towers.
(b) Compliance with Federal Regulations. Towers shall be erected and installed in accordance with
the state electrical code adopted by reference in §10-31 et seq., National Electrical Safety Code,
Federal Communications Commission, Federal Aviation Administration, and the instructions of
the manufacturer. In cases of conflict, the stricter requirements shall govern.
(c) Submittal and review procedure requirements and other requirements specific to
Communication Towers must be consistent with Wis. Stats. 66.0404.
(d) Permit Required. A permit is required for all new Communication Towers or modifications to
existing Communication Towers. The permit application shall contain all of the following
information:
1. The name and business address of, and the contact individual for, the applicant.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
4. If the application is to substantially modify an existing support structure, a construction plan
which describes the proposed modifications to the support structure and the equipment and
network components, including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed modifications.
5. If the application is to construct a new mobile service support structure, a construction plan
which describes the proposed mobile service support structure and the equipment and
network components, including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment to be placed on or around the new mobile service
support structure.
6. If an application is to construct a new mobile service support structure, an explanation as to
why the applicant chose the proposed location and why the applicant did not choose
collocation, including a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that collocation within the
applicant’s search ring would not result in the same mobile service functionality, coverage,
and capacity; is technically infeasible; or is economically burdensome to the mobile service
provider.
(e) Placement Requirements.
1. Towers and guyed wires shall comply with the setback requirements of the underlying
zoning district in which the tower is located.
2. The placement of towers on the roof of existing buildings must maintain a setback from
residential zones or properties the same as the building setback required for new buildings.
(f) Equipment buildings. Equipment buildings, including cabinets, used in connection with
commercial communication antennas will be subject to the following conditions:
1. Any location and impact of the equipment buildings shall be made as minimal as possible so
as not to prevent the principal use of the property.
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2. Exterior storage of ground-mounted equipment or materials shall not be permitted.
3. Equipment buildings or structures may be mounted on the roof of a building provided that
such building or structure is placed as unobtrusively as possible (e.g. integrated into the roof
design) and/or is screened from view from adjacent roads and properties.
4. Any ground-mounted equipment building used for accessory equipment must either be
screened from view from all adjacent residential and commercial uses and potentially
incompatible municipal uses with a bufferyard with a minimum opacity of 0.40, or the
equipment building must be constructed with similar materials, style, roof pitch, etc., to
complement the architectural character of the surrounding neighborhood.
5. All ground-mounted equipment buildings shall at a minimum meet the required setbacks of
a principal structure for the underlying zoning district and shall meet all applicable building
code requirements.
(g) Height Requirements.
1. Tower height shall be restricted to 200 feet. District height restrictions shall not apply to
commercial communication towers.
2. Towers shall not encroach into airspace prescribed by FAR part 77 and the most current
“Wittman Regional Airport Height Limitation Map – Winnebago County, Wisconsin.”
Exceptions to this requirement shall be administered by Winnebago County.
(h) Collocation. A proposed tower shall be structurally and electrically designed to accommodate the
applicant’s antenna and comparable antennas for two additional users. Towers shall be designed
to allow for future rearrangement of antennas and to accept antennas mounted at varying
heights.
(i) Advertising. No form of advertising or identification, or sign is allowed on the tower other than
the customary manufacturer identification plate.
(j) Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other
applicable authority.
(k) Fencing. A tower shall be enclosed by solid fencing not less than 6 feet in height or a bufferyard
with a minimum opacity of 0.40 and secured so that it is not accessible by the general public.
Fence design, materials and colors shall reflect the character of the surrounding area.
(l) Abandonment.
1. The applicant shall provide a written agreement stating that if the tower or transmitters are
unused for a period exceeding 365 days, the applicant shall remove the tower or transmitters
upon request from the City.
2. Within 30 days of the date on which the tower use ceases, the permit holder shall provide
the commission written notice of the cessation of use.
3. If unused facilities are not removed, the City may remove the items at the expense of the
property owner.
Section 30-84: Extraction and Disposal Land Uses
(1) Extraction: Land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other
material in excess of that required for approved on-site development or agricultural activities.
Regulations:
(a) The facility shall comply with all county, state, and federal regulations and provide copies of all
approved county, state, and federal permits.
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(b) The facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the
property.
(c) All buildings, structures, outdoor storage, and any other activity areas shall be located a minimum
of 300 feet from all lot lines.
(d) Required site plans shall include detailed site restoration plans, which shall include at minimum,
detailed grading and re-vegetation plans, and a detailed written statement indicating the timetable
for such restoration after cessation of the use.
(e) Minimum required parking: One space per each employee on the largest work shift.
(2) Composting: Land uses devoted to the collection, storage, processing, and/or disposal of vegetation.
Regulations:
(a) Composting facilities shall comply with all county, state, and federal regulations.
(b) Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the
property occupied by non-agricultural land uses.
(c) All buildings, structures, outdoor storage, and any other activity areas shall be located a minimum
of 100 feet from all lot lines.
(d) No food scraps or other vermin-attracting materials shall be processed, stored, or disposed of
on-site.
(e) Operations shall not involve the on-site holding, storage, or disposal of hazardous wastes as
defined by State Statutes in any manner.
(f) Minimum required parking: One space for each employee on the largest work shift.
(3) Recycling and Waste Disposal: Recycling facilities not involving the on-site storage of salvage
materials. Waste disposal facilities are any facilities and/or areas used for the disposal of solid wastes
including those defined by Wis. Stats. 289.01(33), but not including Composting operations.
Regulations:
(a) Recycling and Waste Disposal facilities shall comply with all county, state, and federal
regulations.
(b) Facility shall be surrounded by a bufferyard with a minimum opacity of 1.00 along all borders of
the property.
(c) All buildings, structures, outdoor storage, and any other activity areas shall be located a minimum
of 300 feet from all lot lines.
(d) Operations shall not involve the on-site holding, storage, or disposal of hazardous materials as
defined by State Statutes in any manner.
(e) Required site plans shall include detailed site restoration plans, which shall include at minimum,
detailed grading and re-vegetation plans, and a detailed written statement indicating the timetable
for such restoration after cessation of the use.
(f) Minimum required parking: One space for each employee on the largest work shift.
(4) Salvage or Junkyard: Land or structure used for a salvaging operation including but not limited to: the
above-ground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded
materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of
unlicensed and/or inoperable vehicles intended for scraping or recycling. Recycling facilities involving
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on-site outdoor storage of salvage materials are included in this land use. This shall not include Vehicle
Service and Repair.
Regulations:
(a) Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders
abutting residentially zoned property.
(b) All buildings, structures, outdoor storage areas, and any other activity areas shall be located a
minimum of 100 feet from all lot lines.
(c) In no instance shall activity areas be located within a landscaping or bufferyard areas.
(d) Shall not involve the storage, handling, or collection of hazardous materials as defined by State
Statutes.
(e) Required site plans shall include detailed site restoration plans, which shall include at minimum,
detailed grading and re-vegetation plans, and a detailed written statement indicating the timetable
for such restoration after cessation of the use.
(f) Minimum required parking: One space for every 20,000 square feet of gross storage area, plus
one space for each employee on the largest work shift.
(g) Facility shall secure a salvage dealer license as required by the State of Wisconsin.
(5) Sand and Mineral Processing: Land or structure used for processing sand or minerals, extracted on-site
or transported to the site, that removes the desired product from the mineral or enhances the
characteristics of the sand or mineral.
Regulations:
(a) Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders
abutting residentially zoned property.
(b) All buildings, structures, outdoor storage, and any other activity areas, shall be located a
minimum of 100 feet from all roads and lot lines.
(c) In no instance shall activity areas be located within a bufferyard area.
(d) Shall not involve the storage, handling, or collection of hazardous materials as defined by State
Statutes.
(e) The facility shall comply with all county, state, and federal regulations and be able to provide
copies of all approved county, state, and federal permits.
(a) Minimum required parking: One space for each employee on the largest work shift.
Section 30-85: Energy Production Land Uses and Structures
(1) Large Wind Energy System: Equipment and associated facilities that convert and then store or transfer
energy from the wind into usable forms of energy. Large Wind Energy Systems have a total installed
nameplate capacity of more than 300 kW or that consist of individual wind turbines that have an
installed nameplate capacity of more than 100 kW each.
(a) This Section provides the standards and procedures for issuance of conditional use permits for
wind energy systems, as defined in Wis. Stats. 66.0403(1)(m). The purpose of this Section is to
ensure any proposed wind energy system complies with applicable provisions of PSC 128,
Wisconsin Administrative Code as amended, and this Section.
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(b) Wind energy systems are a conditional use in every district. The City will apply Wis. Stats.
66.0401 and PSC Chapter 128 of the Wisconsin Administrative Code as amended, in the
evaluation of such requests.
1. No restriction shall be placed, either directly or in effect, on the installation or use of a wind
energy system, unless the restriction satisfies one of the following conditions:
a. Serves to preserve or protect the public health or safety.
b. Does not significantly increase the cost of the system or significantly decrease its
efficiency.
c. Allows for an alternative system of comparable cost and efficiency.
(2) Large Solar Energy System: Equipment and associated facilities that directly convert and then transfer
or store solar energy into usable forms of thermal or electrical energy. Large Solar Energy Systems are
the only a principal land use on a property and are designed primarily to generate energy for
commercial sale off-site.
(a) Rooftop, ground-mounted, and building-mounted large solar energy systems shall comply with
the height limits and minimum required yards for principal structures.
(b) Large solar system structures shall be finished in a rust-resistant, non-obtrusive finish, and color
that is non-reflective.
(c) All electrical connections shall be located underground or within a building.
(d) No large solar energy system shall be lighted unless required by the Federal Aviation
Administration.
(e) Clearing of natural vegetation for the purposes of installing a large solar energy system shall be
limited to that which is necessary for the construction, operation and maintenance of the large
solar energy system and as otherwise prescribed by applicable laws, regulations, and ordinances.
(f) All access doors or access ways and electrical equipment shall be lockable.
(g) A large solar energy system shall require a building permit before installation. Building permit
applications shall include the following information in addition to that required by the Building
Code:
1. A site plan drawn to scale showing the location of the proposed large solar energy system
and per the requirements of Section 30-385.
2. Elevations of the site drawn to scale showing the height, design, and configuration of the
large solar energy system and the heights of all existing structures, buildings and electrical
lines in relation to property lines and their distance from the small solar energy system.
3. A standard foundation design along with specifications for the soil conditions at the site.
4. Specific information on the type, size, rated power output, performance, and safety
characteristics of the system, including the name and address of the manufacturer, model,
and serial number.
5. A description of emergency and normal shutdown procedures.
6. A line drawing of the electrical components of the system in sufficient detail to establish that
the installation conforms to all applicable electrical codes and this Subsection.
7. Evidence that the provider of electrical service to the property has been notified of the
intent to install an interconnected electricity generator, except in cases where the system will
not be connected to the electricity grid.
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8. Evidence of compliance with Federal Aviation Administration requirements.
(h) The requirements of Wisconsin Statutes, including but not limited to Sections 66.0401 and
66.0403, shall apply to all solar energy systems.
(i) Solar energy systems are a conditional use. The City will apply Wis. Stats. 66.0401 and 66.0403 of
the Wisconsin Administrative Code as amended, in the evaluation of such requests.
1. No restriction shall be placed, either directly or in effect, on the installation or use of a solar
energy system, unless the restriction satisfies one of the following conditions:
a. Serves to preserve or protect the public health or safety.
b. Does not significantly increase the cost of the system or significantly decrease its
efficiency.
c. Allows for an alternative system of comparable cost and efficiency.
Section 30-86: Accessory Land Uses and Structures
(1) Residential Accessory Structure: Structures accessory to a residential use including but not limited to
structures used to shelter parked passenger vehicles (including garages and carports), structures used to
store residential maintenance equipment of the subject property, workshops, kennels, boathouses, and
pool houses.
Regulations:
(a) Three total structures shall be permitted by right. Attached garages shall not count toward this
total.
(b) A combined total of 1,200 square feet of gross floor area of all accessory structures on the
property is permitted by right. For lots larger than one acre, the maximum permitted combined
total of gross floor area of all accessory structures on the property shall be increased by one
square foot for every 100 square feet of lot area over one acre. In no instance shall the accessory
structure area exceed the ground floor area of the principal building used for residence. An
individual detached accessory structure shall not exceed 800 square feet of gross floor area. The
measurement of accessory structure size shall include the total of all detached or attached
accessory buildings on the lot except as conditional uses.
(c) See Article II for accessory structure maximum building heights.
(d) Detached garages are permitted in the rear yard and side yards only. (Detached garages are not
permitted in waterfront yards.)
(2) Recreational Facility: This land use includes all active outdoor recreational facilities located on a private
lot which are not otherwise described in this Article. Common examples include swing sets, tree
houses, play houses, basketball courts, tennis courts, swimming pools, recreation-type equipment, and
pavilions.
Regulations:
(a) All private recreation facilities and their attendant structures shall comply with the bulk
requirements for accessory structures.
(b) Materials and lighting at the property line shall comply with Section 30-190.
(3) Landscape Feature: This land use includes features such as ponds, mailboxes, statuary/art objects,
Little Free Libraries, clotheslines, seasonal decorations, arbors, trellises, fountains, birdhouses,
birdbaths, birdfeeders, lawn furniture, raised garden bends and similar landscaping containment
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materials, retaining walls, and similar manmade lawn and landscaping elements as determined by the
Director of Community Development, or designee.
Regulations:
(a) Landscape Features shall meet maximum heights for accessory buildings in each district.
(4) Residential Kennel: An enclosed structure designed for the keeping of dogs that is accessory to a
residential use.
Regulations:
(a) Outdoor containments for dogs shall be subject to the setback requirements for accessory
structures for the district in which they are located.
(5) Home Occupation: Economic activities performed within a residential dwelling unit. Examples include
personal and professional services, handicrafts, and retail conducted online. Home Occupations are
intended to provide a means to accommodate a small home-based family or professional business
without the necessity of a rezoning from a residential to a business district. Home Occupations are
limited to low intensity businesses and businesses with limited overlap of customer visits.
Regulations:
(a) The Home Occupation shall be conducted only within the enclosed area of the dwelling unit or
garage.
(b) The Home Occupation shall be conducted by a resident who uses the location of the Home
Occupation as their principal residence.
(c) No more than two clients shall be seen at any given time.
(d) No Home Occupations shall have outside employees or clients between the hours of 8:00 p.m.
and 8:00 a.m.
(e) There shall be no exterior evidence of the Home Occupation and no exterior alterations which
change the character of the structure as a single family dwelling unit.
(f) No storage or display of materials, goods, supplies, or equipment related to the operation of the
Home Occupation shall be visible outside any structure located on the premises.
(g) There shall be no adverse impact to the residential character of the neighborhood due to the
emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic
congestion, or other nuisances resulting from the Home Occupation.
(h) The Home Occupation shall not involve the use of commercial vehicles for more than
occasional delivery of materials to or from the premises.
(i) No mechanical equipment or machinery shall be used other than is usually, customary, and
incidental to the residence for domestic or hobby purposes.
(j) The percentage of the gross finished floor area that may be devoted to the Home Occupation(s)
shall not exceed 20 percent of the principal structure, or 300 square feet, whichever is less.
(k) Home Occupations shall be carried out only by members of the immediate family residing on the
premises and one non-resident employee.
(l) No structural alterations or construction involving features not customarily found in dwellings
are allowed.
(m) The Home Occupation shall not involve manufacturing; processing; the sales or repair of large
appliances, vehicles, or motors; commodity or equipment rental; care, grooming, breeding, or
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keeping of animals; or construction of equipment and machinery. Restaurants, taverns, clubs,
amusement or entertainment establishments, or uses that dispatch persons other than the
occupant of the residence or equipment from the premises are not permitted Home
Occupations.
(n) Items shall not be sold or offered for sale on the premises. This provision shall not apply to
online sales.
(o) Minimum required parking: One space is required if there is a non-resident employee. Employee
parking in the driveway is permitted.
(p) Permit Required.
1. The applicant shall submit a completed application and any supporting documentation to the
Department of Community Development.
2. A permit shall not be issued until the Director of Community Development, or designee,
determines that the proposed Home Occupation complies with the standards as set forth in
this ordinance.
3. A permit for Home Occupation is valid for 365 days annually (January to December). It
must be renewed every year, subject to the provisions of this Section.
(q) Special Permit Provisions.
1. Approvals/permits required by other regulatory bodies such as the Health, Police, or Fire
Departments must be submitted prior to the issuance of the Home Occupation permit.
2. A permit for a Home Occupation is issued to an individual person. It is not transferable to
any other resident, address, or other occupation. Upon termination of the permit holder’s
residency, the Home Occupation permit shall be null and void.
3. A permit for a Home Occupation shall be revocable by the Director of Community
Development, or designee, due to failure of the owner/operator to observe all requirements
of the permit and/or Zoning Ordinance.
(6) In-Home Daycare: Occupied residences in which a licensed person or persons provide childcare for 4
to 8 children. The care of less than four children is not subject to the regulations of this Chapter. State
Law Reference: Section 66.1017(1)(a), Wisconsin Statutes.
(7) In-Family Suite: An area within a dwelling unit that may contain separate kitchen, dining, bathroom,
laundry, living, and sleeping areas, including exterior porches, patios, and decks. In addition to the
required internal physical connection, separate outdoor access or separate access to the garage may be
provided. However, external entries serving as the primary or only access to the In-Family Suite are
prohibited.
Regulations:
(a) In-Family Suites may not be occupied by a non-family member.
(b) In-Family Suites shall be considered and regulated as part of a single family dwelling unit.
(c) The principal dwelling unit and the In-Family Suite shall together appear as a single family
dwelling.
(d) A separate walled garage area or driveway is not permitted.
(e) A separate address for the In-Family Suite is not permitted.
(f) A separate utility connection or meters are not permitted.
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(g) A physical all-weather connection between the main living area and the In-Family Suite must be
present. This required connection may not occur through an attic, basement, garage, porch, or
other non-living area. A door may be used to separate the In-Family Suite from the principal
dwelling, but may not be locking, except that a locking door may be used for the bedroom and
bathroom doors of the In-Family Suite.
(h) When an application is submitted for a building permit to accommodate what is explicitly listed
as, or could possibly serve as, an In-Family Suite, the building plan shall be marked as “not a
separate dwelling unit or apartment,” and a signed letter from the applicant stating agreement
with this condition shall be filed.
(8) Farm Residence: A Farm Residence is a single family detached dwelling unit located on the same
property as any of the principal agricultural land uses listed in Section 30-76.
(9) Migrant Employee Housing: Migrant Employee Housing include any facility subject to the regulation
of Wisconsin Statutes, Section 103.90(3)(a).
Regulations:
(a) Migrant Employee Housing shall be surrounded by a bufferyard with a minimum opacity of 0.60
along all property lines adjacent to all properties in residential or mixed use zoning districts.
(b) Migrant Employee Housing shall be an accessory use to an active principal land use and under
the same ownership.
(10) Nonresidential Accessory Structure: Structures primarily used to shelter business vehicles or to store
maintenance equipment of the subject property.
Regulations:
(a) Three total structures shall be permitted by right.
(b) Structures up to 10,000 square feet of gross floor area are permitted by right. Structures over
10,000 square feet or larger than the principal structure may be allowed by conditional use.
(c) See Article II for accessory structure maximum building heights.
(11) Residential Stable: An accessory structure that is designed for the keeping of equines for the private
use of the occupants of the principal dwelling and their guests, but in no event for hire.
Regulations:
(a) Outdoor containments for equines shall be located a minimum of 25 feet from any residentially
zoned property.
(b) A minimum lot area of 175,000 square feet (four acres) is required for a private residential stable.
(c) A maximum of one horse per two acres of fully enclosed (by fencing and/or structures) area is
permitted.
(d) The minimum permitted size of horse or similar animal stall shall be 100 square feet.
(12) On-Site Parking Lot: On-Site Parking Lots are any areas located on the same site as the principal land
use which are used for the temporary surface parking of vehicles which are fully registered, licensed,
and operable.
Regulations:
(a) Access and vehicular circulation shall be designed to prevent cut-through traffic.
(13) On-Site Structured Parking. Structured parking which is accessory to a principal land use such as
Apartments, Office, and Mixed Use Buildings, and which is incorporated into the same building as the
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principal land use. Stand-alone structured parking that is not integrated with another land use shall be
regulated as On-Site Structured Parking, a principal use under Section 30-82(7). See Section 30-175 for
additional parking regulations.
Regulations:
(a) Off-Site Structured Parking shall comprise no more than 50% of the ground floor level on the
primary street frontage. Underground parking that is partially above grade shall not count toward
this total.
(14) Company Cafeteria: A food service operation which provides food only to company employees and
their guests.
Regulations:
(a) Company Cafeterias shall meet state food service requirements.
(b) Company Cafeterias shall be located on the same property as a principal land use engaged in an
operation other than food service.
(15) Incidental Outdoor Display: The sale and display of merchandise or equipment outside of an enclosed
building and is incidental to a principal commercial or industrial land use.
Regulations:
(a) Incidental Outdoor Display land uses shall comply with all regulations of Section 30-191.
(b) The display area shall not be greater than or equal to 250 square feet. Display area in excess of
250 square feet shall be considered Outdoor Display as a principal use under Section 30-78(4).
(c) All outdoor display areas shall be located no closer to a residentially zoned property than the
required minimum setback for buildings on the subject property.
(d) The display of items shall not be permitted in any landscaping areas, bufferyard areas, or green
space areas.
(e) In no event shall the display of items reduce or inhibit the use or number of parking stalls
provided on the property below the requirements applicable to the principal use. If the number
of provided parking stalls on the property is already less than the requirement, display areas shall
not further reduce the number of parking stalls already present.
(f) Outdoor display areas shall be separated from any vehicular parking or circulation area by a
minimum of 10 feet. This separation shall be clearly distinguished by a physical feature or barrier
such as a greenway, curb, fence, line of planters, or by a clearly marked paved area.
(g) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any
manner with either on-site or off-site traffic visibility, including potential traffic/traffic and
traffic/pedestrian conflicts.
(16) Incidental Indoor Sales: Retail sales activity conducted exclusively indoors which is incidental to a
principal land use such as Indoor Storage and Wholesaling on the same site.
Regulations:
(a) The total area devoted to sales activity shall not exceed 25 percent of the total area of the
buildings on the property.
(b) Minimum required parking: Adequate parking, per the requirements of Section 30-78(3), shall be
provided for customers. Said parking shall be in addition to that required for the principal land
use.
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(17) Incidental Light Industrial: Light industrial activities conducted exclusively indoors which is incidental
to a principal land use, such as Indoor Sales or Service, on the same site.
Regulations:
(a) The total area devoted to light industrial activity shall not exceed 15 percent of the total area of
the buildings on the property, or 5,000 square feet, whichever is less.
(b) Minimum required parking: Per Section 30-80(1).
(18) Incidental Outdoor Storage: Outdoor storage which is incidental to a principal land use, such as
Indoor Sales or Service, on the same site.
Regulations:
(a) All open storage areas and open containers shall be fully screened from view by a wall and a solid
gate made of wood or similar material. The exterior of the wall must match the materials and
color of the principal structure and shall be a minimum of 8 feet in height.
(b) The storage area shall not exceed 500 square feet. Storage area in excess of 500 square feet shall
be regulated as Outdoor Storage and Wholesaling under Section 30-81(2).
(19) Satellite Dish: A bowl-shaped antenna with which signals are transmitted to or received from a
communications satellite. This land use applies to dishes for personal use and private use.
Regulations:
(a) In all districts, satellite dishes less than 3 feet in diameter may be located anywhere on a lot,
except the provided front yard or provided street side yard, or can be located on any principal or
accessory building.
(b) In the RH-35, SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-12, MR-20, MR-36 and MH-9 districts
satellite dishes 3 feet in diameter and larger may only be located in rear yards or on the roof of a
detached structure, so long as the height of the detached garage and the dish is equal to or less
than the height of the principal building.
(c) In all other districts, satellite dishes 3 feet in diameter and larger may be erected on the roof of
any principal or accessory buildings, and in side, or rear yards; but shall not be located in street or
front yards.
(d) No advertising or graphic designs are permitted on satellite dishes in any zoning district.
(e) In the event that a usable signal cannot be obtained by locating a satellite dish in locations
permitted by this Chapter, the Zoning Board of Appeals may grant a variance to allow the
placement of a satellite dish in any location.
(20) Personal Antenna and Towers: Devices used for the transmission or reception of electromagnetic
waves, external to or attached to the exterior of any building. This definition includes the structure,
supports, and equipment buildings. This land use applies to antenna and towers for personal use.
Examples include amateur radio antenna and personal television antenna.
Regulations:
(a) In the RH-35, SR-2, SR-3, SR-5, and SR-9 districts, there may only be one roof-mounted
antenna and one tower per lot. In all other districts there may be one antenna for each dwelling
unit or business and one tower per lot.
(b) In all districts, freestanding towers with antennas may not be located in a front yard or street side
yard or closer to the right-of-way than the closest edge of the principal building, whichever is
less.
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(c) The minimum required setback for freestanding towers with antennas shall be equal to the
combined height of the tower and antenna.
(d) Towers are restricted to 70 feet and roof-mounted antennas are restricted to 30 feet above the
highest peak of the roof.
(e) Guy wires shall not be anchored within a provided front yard or provided street side yard or
closer to the right-of-way than the closest edge of the principal building, whichever is less. It
shall be installed in such a manner as to protect the public safety and to minimize the visual
impact on surrounding properties and from public streets.
(f) The attachment to an antenna or tower of any flag, decorative or commercial sign, streamers,
pennants, ribbons, spinners or waving, fluttering or revolving devices is prohibited.
(21) Communication Antenna: Devices used for the transmission or reception of electromagnetic waves,
attached to a Communication Tower, building, or alternative tower structures, including associated
equipment buildings/cabinets.
Regulations:
(a) Applicability.
1. A different use on the same lot shall not preclude the installation of an antenna or tower on
such lot.
2. This land use category includes the placement of new antennas and equipment buildings
used in conjunction with an existing tower.
(b) General Requirements.
1. Compliance with Federal Regulations. Towers shall be erected and installed in accordance
with the state electrical code adopted by reference in §10-31 et seq., National Electrical
Safety Code, Federal Communications Commission, Federal Aviation Administration, and
the instructions of the manufacturer. In cases of conflict, the stricter requirements shall
govern.
2. Antennas shall not encroach into airspace prescribed by FAR part 77 and the most current
“Wittman Regional Airport Height Limitation Map – Winnebago County, Wisconsin.”
3. Communication Tower and Commercial Building: Antennas may be placed on commercial
communication towers, and commercial, institutional, and industrial buildings.
4. Height Requirements. Antenna height shall be restricted to 200 feet above grade when
located on a commercial communication tower. Antenna height shall be restricted to 20 feet
above the height of the commercial building roof or alternative tower structure when located
on such structure. District height restrictions shall not apply to antennas.
5. Alternative Structures. Antennas may be placed on alternative tower structures such as clock
towers, bell steeples, light poles, water towers, or similar structures.
6. Advertising. No form of advertising or identification, sign or mural is allowed on the
antenna other than the customary manufacturer identification plate.
7. Stealthing requirements.
a. Antennas and supporting electrical and mechanical equipment must be of a neutral color
that is identical to, or closely compatible with, the color of the supporting structure so as
to make the antenna and related equipment as visually unobtrusive as possible.
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b. A wall-mounted antenna shall be as flush to the wall as technically possible and shall not
project above the wall on which it is mounted unless it must for technical reasons. The
antenna and cables on roofs shall not be visible from an adjacent public right-of-way.
(c) Equipment buildings. Equipment buildings, including cabinets, used in connection with
commercial communication antennas will be subject to the following conditions:
1. Any location and impact of the equipment buildings shall be made as minimal as possible so
as not to prevent the principal use of the property.
2. Exterior storage of ground-mounted equipment or materials shall not be permitted.
3. Equipment buildings or structures may be mounted on the roof of a building provided that
such building or structure is placed as unobtrusively as possible (e.g. integrated into the roof
design) and surrounded by a bufferyard with a minimum opacity of 0.40.
4. Any ground-mounted equipment building used for accessory equipment must either be
screened from view from all abutting residential uses and potentially incompatible municipal
uses with a bufferyard with a minimum opacity of 0.40, or the equipment building must be
constructed with similar materials, style, roof pitch, etc., to complement the architectural
character of the surrounding neighborhood.
5. All ground-mounted equipment buildings shall at a minimum meet the required setbacks of
a principal structure for the underlying zoning district, and shall be located in the side or rear
yards.
(d) Exceptions. Exceptions to the setbacks and height requirements listed above may be granted by
the Zoning Board of Appeals if appropriate engineering data is submitted showing that failure
characteristics of the structure will not adversely impact abutting property and the structure does
not encroach into airspace prescribed by FAR part 77 and the most current “Wittman Regional
Airport Height Limitation Map – Winnebago County, Wisconsin.” Exceptions to the
requirements of the most current “Wittman Regional Airport Height Limitation Map –
Winnebago County, Wisconsin” shall be administered by Winnebago County.
(22) Small Wind Energy System: A wind energy conversion system consisting of a wind turbine, a tower
and associated control or conversion electronics which will be used primarily to reduce on-site
consumption of utility power. Small wind energy systems have a total installed nameplate capacity of
300 kW or less and consist of individual wind turbines that have an installed nameplate capacity of not
more than 100 kW.
(a) This Section provides the standards and procedures for issuance of conditional use permits for
wind energy systems, as defined in Wis. Stats. 66.0403(1)(m). The purpose of this Section is to
ensure any proposed wind energy system complies with applicable provisions of PSC 128,
Wisconsin Administrative Code as amended, and this Section.
(b) Wind energy systems are a conditional use in every district. The City will apply Wis. Stats.
66.0401 and PSC Chapter 128 of the Wisconsin Administrative Code as amended, in the
evaluation of such requests.
1. No restriction shall be placed, either directly or in effect, on the installation or use of a wind
energy system, unless the restriction satisfies one of the following conditions:
a. Serves to preserve or protect the public health or safety.
b. Does not significantly increase the cost of the system or significantly decrease its
efficiency.
c. Allows for an alternative system of comparable cost and efficiency
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(23) Small Solar Energy System: Equipment and associated facilities that directly convert and then transfer
or store solar energy into usable forms of thermal or electrical energy. Small Solar Energy Systems are
accessory to a principal land use on a property and are designed primarily to generate energy for said
principal land use.
Regulations:
(a) Solar energy systems (rooftop, building-mounted, and freestanding) are permitted as conditional
uses in all zoning districts as accessory structures.
(b) Freestanding solar energy systems shall comply with the requirements for accessory structures.
Rooftop and building-mounted solar energy systems shall comply with the height limits and
setbacks for primary structures.
(c) See Article II for specific bulk, density, and intensity requirements for accessory structures in
each district.
(d) Solar energy systems are a conditional use in any district. The City will apply Wis. Stats. 66.0401
and 66.0403 of the Wisconsin Administrative Code as amended, in the evaluation of such
requests.
1. No restriction shall be placed, either directly or in effect, on the installation or use of a solar
energy system, unless the restriction satisfies one of the following conditions:
a. Serves to preserve or protect the public health or safety.
b. Does not significantly increase the cost of the system or significantly decrease its
efficiency.
c. Allows for an alternative system of comparable cost and efficiency.
Section 30-87: Temporary Uses
All of the following temporary uses require shall comply with Section 30-383, standards and procedures
applicable to all temporary uses, except as otherwise exempted in this Chapter. Unless stated otherwise below,
temporary uses are limited to 90 days per calendar year. Certain temporary uses may be extended in duration
through the conditional use process.
(1) Temporary Moving Container (Residential): Portable storage containers designed and used primarily
for the temporary storage of household goods and other such materials for use on a limited basis on
residential property.
Regulations:
(a) The container shall not exceed outside dimensions of sixteen 16 feet in length, 8 feet in width,
and 9 feet in height.
(b) The container shall be permitted on the property for up to 14 days associated with each change
of occupancy as defined by a recorded change in property ownership or valid lease.
(c) The container cannot encroach on the public right-of-way, neighboring property, sidewalk, or be
placed in the street.
(d) The container must be placed on asphalt, concrete, or a similar hard-paved surface.
(2) Temporary Outdoor Storage Container (Nonresidential): Enclosed, lockable storage containers such as
shipping containers, semi-trailers, storage pods, or other fully enclosed trailers for use on a limited
basis on a nonresidential property. Other forms of forms of temporary outdoor storage containers are
prohibited.
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Regulations:
(a) The container must be placed on asphalt, concrete, or a similar hard-paved surface.
(b) The container shall be permitted on the property for up to 30 days per calendar year. Containers
in place for more than 30 days per calendar year shall be regulated as Outdoor Storage and
Wholesaling under Section 30-81(2) or Incidental Outdoor Storage under Section 30-86(18).
(3) Garage or Estate Sale (Auction). Any temporary display of used household goods for sale on a
property customarily used as a residence that does not exceed three days in duration and that occurs
no more than three times in one calendar year. Such sales are also commonly referred to as rummage
sales or yard sales.
Regulations:
(a) Permits are not required for Garage or Estate Sales.
(b) Sales shall occur only during daylight hours.
(c) Garage or Estate Sales shall not exceed 3 days in duration and shall not occur more than three
times in one calendar year.
(d) Signs are not permitted within the right-of-way including terrace and shall comply with the
regulations of Article X.
(4) Farmer’s Market. Farmer’s Markets include the temporary or occasional outdoor retail sales of farm
produce, plants and flowers, bakery goods, and/or crafts from vehicles or temporary stands located
within a parking lot.
Regulations:
(a) Facility shall have vehicular access to a collector or higher classification street.
(b) Minimum required parking: Two spaces per vendor.
(5) Temporary Farm Product Sales: This land use includes the temporary outdoor display and sales of
farm products, typically from a roadside stand.
Regulations:
(a) Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(b) Sales and display activities shall be limited to daylight hours.
(c) Minimum required parking: Two spaces per vendor.
(6) Temporary Outdoor Sales: Includes the display of any items outside the confines of a building but not
in a public right-of-way, which is not a permitted or conditional use or a special event otherwise
regulated by the Municipal Code. Examples of this land use include, but are not limited to, sidewalk
sales, seasonal garden shops, tent sales, Christmas tree sales, fireworks sales, and food and/or beverage
stands or trailers.
Regulations:
(a) Temporary Outdoor Sales uses that exceed 90 days per calendar year shall require a conditional
use permit.
(b) Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.
(c) If subject property is located adjacent to a residential zoning district, sales and display activities
shall be limited to daylight hours.
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(d) The user shall provide a layout of the activities to the Director of Community Development, or
designee, for approval prior to any event or sales activity.
(e) Minimum required parking: None.
(7) Temporary Outdoor Assembly: Includes any organized outdoor assembly of 75 to 250 persons such as
outdoor weddings, wedding receptions, or tent meetings. Refer to the Special Events ordinance under
Section 5-18 of the City of Oshkosh Municipal Code to determine whether an event is considered a
Special Event and subject to the requirements of that ordinance. Temporary Outdoor Assembly uses
do not require a Special Event permit if they are wholly contained on public or private property
specifically designed or suited for said use, have an appropriate physical area for fire protection
purposes as well as appropriate sanitation facilities and street and/or highway access, and result in no
greater use of public facilities and services than on normal, non-event days.
Regulations:
(a) Temporary Outdoor Assembly uses that exceed 3 days per calendar year shall require a
conditional use permit.
(b) Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight
distances.
(c) If subject property is located adjacent to a residentially zoned property, activities shall be limited
to daylight hours.
(8) Temporary On-Site Construction Storage: Includes any structure or outdoor storage area designed for
the on-site storage of construction equipment and/or materials for an active construction project.
Regulations:
(a) The Temporary On-Site Construction Storage land use shall be removed upon the expiration of
the building permit associated with the active construction project. Projects requiring the land
use to be in place beyond the expiration date of the building permit shall require a conditional
use permit.
(b) Projects requiring the structure to be in place for more than 365 days shall require a conditional
use permit.
(c) The storage area shall be limited to a maximum area not exceeding 10 percent of the property’s
gross site area.
(9) Temporary Contractor’s Project Office. Includes any structure containing an on-site construction
management office for an active construction project.
Regulations:
(a) The Temporary Contractor’s Project Office land use shall be removed upon the expiration of the
building permit associated with the active construction project. Projects requiring the land use to
be in place beyond the expiration date of the building permit shall require a conditional use
permit.
(b) The land use shall not be used for sales activity.
(10) Temporary On-Site Real Estate Sales Office. Includes any building which serves as an on-site sales
office for a development project.
Regulations:
(a) Temporary On-Site Real Estate Sales Office uses that exceed 90 days per calendar year shall
require a conditional use permit.
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(b) The office shall be removed or converted to a permitted land use within 10 days of the
completion of sales activity.
(11) Temporary Relocatable Building: Includes any manufactured building which serves as a temporary
building for less than 6 months.
Regulations:
(a) Facilities serving for more than 6 months shall be considered conditional uses and are subject to
the general standards and procedures presented in Section 30-382.
(b) The structure shall be limited to a maximum area not exceeding 10 percent of the property’s
gross site area.
(12) Temporary Shelter Structure: These shelters are typically supported by poles, have a fabric or plastic
roof and/or sides, and may be used for short term temporary storage of vehicles and other personal
property. This does not include camping tents or permanent Residential Accessory Structures.
Temporary Shelter Structures are prohibited.
Section 30-88: Adaptive Reuse Land Use
(1) Adaptive Reuse: Reuse of an existing building originally designed for an institutional, quasi-public,
public, or other specific/special purpose to a new use. This is always a conditional use in order to
minimize impacts on surrounding development.
Regulations:
(a) All building code and zoning district requirements shall be met. Refer to Article V for regulations
for nonconforming situations.
(b) The new land use(s) permitted and additional regulations shall be determined through the
conditional use process. The conditional use permit shall be recorded with the Register of Deeds,
per Section 30-382(17).
(c) Signage regulations shall be based on the signage requirements of the underlying zoning district.
(d) The landscaping requirements of the Neighborhood Mixed Use zoning district shall apply for all
instances of adaptive reuse. If more intensive landscaping regulations are required by this
Chapter for the specific land use(s) allowed through an instance of adaptive reuse, the more
intensive requirements shall apply.
Sections 30-89 to 30-109: Reserved
City of Oshkosh Zoning Ordinance Article IV: Bulk Regulations
Section 30-110: Purpose
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ARTICLE IV: BULK REGULATIONS
Section 30-110: Purpose
This Article regulates the location and bulk of buildings in both residential and nonresidential developments
in order to protect and enhance the desired community character of the City of Oshkosh. The provisions of
this Article interact closely with the density and intensity provisions described in Article II. Any
nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of Article V.
Section 30-111: Bulk Standards
(1) All structures shall comply with the requirements listed for each zoning district in Article II.
(2) All lots shall abut upon a public street. Refer to additional standards for lots and blocks in Article
XVII: Subdivision.
(3) Where the Wittman Regional Airport Height Limitation Map – Winnebago County, Wisconsin,
requires heights less than the maximum height permitted by this Chapter, the lesser height requirement
shall apply. Exceptions to this requirement shall be administered by Winnebago County.
(4) On lots fronting two nonintersecting streets, a front yard must be provided on both streets.
(5) On lots fronting three or more streets, on sharply curved streets, or lots where Figure 30-22b (in
Article I) does not apply, the determination of the yards and appropriate setbacks shall be made by the
Director of Community Development, or designee.
Section 30-112: Exceptions to Maximum Height Regulations
The maximum height regulations listed for residential and nonresidential uses and accessory structures in
each zoning district in Article II are the maximum permitted heights for all buildings and structures, except
those exempted by this Section.
(1) The following are permitted to exceed the maximum height regulations within any district where
permitted: church spires; belfries; cupolas; penthouses and domes (not used for human occupancy);
public monuments; stage towers or scenery lofts; water towers; fire and hose towers; tanks; utility
poles; flag poles; chimneys; cooling towers; exhaust pipes; ventilators; skylights; telecommunications
towers and antennas; satellite dishes; elevator bulkheads, grain elevators, feed mills, grain and seed
mixing bins, concrete mixing bins, and other necessary mechanical appurtenances usually carried above
roof level; and similar features. The provisions of this Chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice for ornament (and without windows)
extending above such height limit not more than 5 feet. Such features, however, shall be erected only
to such height as is necessary to accomplish the purpose they are to serve and subject to the Wisconsin
state building code, except as prohibited by the Wittman Regional Airport Height Limitation Map –
Winnebago County, Wisconsin.
Section 30-113: Yard Setback Adjustments
(1) Lot size and minimum yard dimensions. No lot, yard, court, parking area, or other space shall be
reduced in area or dimension so as to make the area or dimension less than the minimum required by
this Chapter. If an existing yard is less than the minimum required, it shall not be reduced further,
except where exempted by the provisions of this Section.
City of Oshkosh Zoning Ordinance Article IV: Bulk Regulations
Section 30-113: Yard Setback Adjustments
Draft #6 142 July 22, 2016
(2) Front Yard Setback Adjustments.
(a) Decrease of Front Yard Setback.
1. In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH-9, NMU, SMU,
and UMU districts, a front yard setback may be reduced to the mean of the setbacks of the
immediately adjoining lots that are on both sides of the subject lot. The following rules apply
in calculating the mean setback (see Figure 30-113):
a. Only the front yard setbacks on 5 or fewer adjoining lots, which are contiguous to each
other in either direction of the subject lot and which are on the same side of the street as
each other on the same block, may be used.
b. Where a lot is vacant, the minimum front yard setback of the zoning district for the
proposed use will be applied to the vacant lot and factored into the averaging
calculation.
c. Outliers, defined as yards with a setback that is equal to or greater than twice that of the
next largest setback among the adjoining lots and thus which do not fit the established
pattern of front yard setbacks, shall be excluded in calculating the mean front yard
setback, as determined by the Director of Community Development, or designee.
d. In residential districts, the minimum front yard and street side yard setback on any lot
shall be at least 10 feet. The minimum setback for an attached or detached accessory
building facing the front yard or street side yard shall be at least 20 feet.
(b) Increase of Front Yard Setback.
1. In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-10, MR-12, MR-36, MH-9, NMU, SMU,
and UMU districts, blocks with mean front yard setback more than 5 feet over the minimum
required front yard setback shall be increased to the mean of the adjoining same type of
principal structures on said block or street. This regulation is intended to preserve and
maintain the character of established neighborhoods that are typified by front yard setbacks
substantially in excess of the minimum required front yard setback.
2. Outliers, defined as yards with a setback that is equal to or less than half that of the next
smallest setback among the adjoining lots and thus which do not fit the established pattern
of front yard setbacks, shall be excluded in calculating the mean front yard setback, as
determined by the Director of Community Development, or designee.
City of Oshkosh Zoning Ordinance Article IV: Bulk Regulations
Section 30-113: Yard Setback Adjustments
Draft #6 143 July 22, 2016
Figure 30-113: Front Yard Averaging Example
(3) Street Side Yard Setback Adjustments (for Corner Lots). On corner lots in the SR-2, SR-3, SR-5, SR-9,
DR-6, TR-10, MR-10, MR-12, MR-36, MH-9, NMU, SMU, and UMU districts, the street side yard
setback may be reduced to 10 feet, as may be necessary to attain at 30-foot buildable width. The
required interior side yard setback must be maintained.
(4) Side Yard Setback Adjustments.
(a) Side Yard Adjustments for Bufferyards. In instances where the required bufferyard width (per
Article IX) exceeds the minimum required side setback width, the minimum required bufferyard
width shall prevail. Absolutely no intrusions of a building or structure are permitted within the
required bufferyard, with the exception of utility boxes/cabinets and other minor accessory
structures exempt from the setback requirements of this Chapter.
(b) Side Yard Adjustments for Small Lots. On lots under separate ownership on the effective date of
this Chapter and less than 50 feet in width, the side yard may be reduced to 10 percent of the lot
width but not less than 3 feet.
(5) Rear Yard Setback Adjustments.
(a) Rear Yard Adjustments for Bufferyards. In instances where the required bufferyard width (per
Article IX) exceeds the minimum required rear setback width, the minimum required bufferyard
width shall prevail. Absolutely no intrusions of a building or structure are permitted within the
required bufferyard, with the exception of utility boxes/cabinets and other minor accessory
structures exempt from the setback requirements of this Chapter
(b) Rear Yard Adjustments for Small Lots. On lots under separate ownership on the effective date
of this Chapter and less than 100 feet in depth, the rear yard may be reduced to 20 percent of the
lot depth.
City of Oshkosh Zoning Ordinance Article IV: Bulk Regulations
Section 30-114: Projections into Required Yards
Draft #6 144 July 22, 2016
Section 30-114: Projections into Required Yards
The minimum setback requirements of each zoning district establish the minimum required yards for all uses,
except those exempted by the provisions of this Section.
(1) With the exception of fences, accessory landscape features, and the permitted projections described in
this Section, no principal or accessory structures shall be permitted within any portion of a front or
street side yard, except in the case of waterfront lots.
(2) Permitted Projections into All Required Yards.
(a) For residential buildings, the ordinary projection of sills, belt courses, cornices, gutters, eaves,
overhangs, ornamental features, pilasters, lintels, bay windows, chimneys, and flues, provided
they do not extend more than 2 feet into the required yards.
(b) Flag poles, sidewalks located at least 3 feet from a vehicle parking/circulation area, landscaping
(including lawn and vegetation), posts, or other similar amenities when accessory to a residential
use.
(c) Additions (including vertical additions, additional floors, and architectural features), balconies,
terraces, covered porches, or similar appurtenances not extending beyond the setback of the
existing façade, may be located in the provided or required yard setback, whichever more
permissive. If the addition is a front-loaded garage or front-loaded garage addition, the minimum
setback when facing the front yard or street side yard shall be at least 20 feet. In no instance shall
any new encroachment be within 5 feet of an adjacent structure or 3 feet of a property line. See
Figure 30-114.
(d) Fences meeting the requirements of Section 30-192.
Figure 30-114: Permitted Addition in Required Yards
Note: Building additions must meet the design standards of Article VIII.
City of Oshkosh Zoning Ordinance Article IV: Bulk Regulations
Section 30-114: Projections into Required Yards
Draft #6 145 July 22, 2016
(e) Handicap Accessible Ramps.
1. Handicap ramps or other devices required to make reasonable accommodation under the
Fair Housing Act or the Americans with Disabilities Act are to be permitted in any required
setbacks, provided that the maximum encroachment into a required setback is the minimum
dimension required by the Wisconsin Commercial Building Code or Wisconsin Uniform
Dwelling Code for accessible ramps and that no other location is feasible outside the required
setbacks. Only temporary and removable ramps shall be permitted to encroach into the
required setbacks.
2. Handicap Ramp Permit. Handicap ramps proposed for placement within required setback
areas shall secure a handicap ramp permit from the Director of Community Development,
or designee, prior to construction. An application for a permit shall include a written
statement explaining the reasons for the placement of the handicap ramp. The Director of
Community Development, or designee, may also require a statement from a physician
verifying the need for a handicap ramp.
3. Aesthetic Treatments. Handicap ramps must have dense landscaping or skirting covering the
lower open portion of the ramp, shall be kept in good repair, and shall include landscape
treatments buffering the handicap ramp from adjacent properties.
4. Handicap Ramp Removal. When a handicap ramp is placed within the required setback, the
Director of Community Development, or designee, may periodically require verification of
the continual need for the handicap ramp. When it has been determined the handicap ramp
is no longer needed, the Director of Community Development, or designee, may order its
immediate removal.
(f) Any other provisions identified elsewhere in this Chapter (landscape features, tents, and other
features where specific setbacks are established).
(3) Permitted Projections into Required Front Yards.
(a) All of the permitted projections listed under Subsection (2) above.
(b) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, and NMU zoning districts, the minimum front
setback requirement may be reduced by up to 10 feet in order to accommodate open porches
(i.e. covered and unenclosed) on single family and two family dwelling units.
(c) Uncovered entry platforms and steps necessary to comply with current ingress and egress
regulations provided they do not extend more than 4 feet into the front yard setback and are no
more than 6 feet wide. Steps from the platform may extend into the front setback area for the
distance needed to meet minimum building code requirements for risers and treads. Replacement
steps for porches may be as wide as the steps being replaced and may extend into the front
setback area for the distance needed to meet minimum building code requirements for risers and
treads. These exceptions apply only to residential districts.
(d) Yard lights and ornamental lights for residential lots, provided that they comply with the
illumination requirements of Section 30-190 and provided they do not locate closer than 5 feet
from the front or street side property line.
(e) Basketball backboard structures, provided that a minimum setback of 15 feet is maintained from
the front lot line and the minimum driveway setback for the applicable land use (per Section 30-
172) is maintained for all other lot lines.
(4) Permitted Projections into Required Street Side Yards (for Corner Lots).
(a) All of the permitted projections listed under Subsection (2) above.
City of Oshkosh Zoning Ordinance Article IV: Bulk Regulations
Sections 30-115 to 30-129: Reserved
Draft #6 146 July 22, 2016
(b) In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, and NMU zoning districts, the minimum street side
setback requirement may be reduced by up to 10 feet in order to accommodate open porches
(i.e. covered and unenclosed) on residential buildings.
(c) Yard lights and ornamental lights for residential lots, provided that they comply with the
illumination requirements of Section 30-190 and provided they do not locate closer than 5 feet
from the front or street side property line.
(5) Permitted Projections into Required Interior Side Yards.
(a) Open fire escapes, fireproof outside stairways, and balconies opening upon fire towers may
project into a side yard not more than 3 ½ feet when so placed as not to obstruct light and
ventilation.
(b) Uncovered entry platforms and steps necessary to comply with current ingress and egress
regulations provided they do not extend more than 4 feet into the interior side yard setback and
are no more than 6 feet wide. Steps from the platform may extend into the front setback area for
the distance needed to meet minimum building code requirements for risers and treads.
Replacement steps for porches may be as wide as the steps being replaced and may extend into
the front setback area for the distance needed to meet minimum building code requirements for
risers and treads. These exceptions apply only to residential districts.
(c) Uncovered patios and decks on single family and two family dwelling units not to exceed 12
inches above the established grade, and shall not be nearer than 3 feet from the adjacent side lot
line.
(6) Permitted Projections into Required Rear Yards.
(a) Attached terraces, uncovered porches, patios, decks, steps, stoops, or similar appurtenances to
single family and two family residential buildings which do not extend more than 12 inches
above the established grade, provided they do not locate closer than 20 feet to the rear lot line.
(b) Recreational equipment accessory to a residential use, provided a 5-foot setback is maintained for
all lot lines.
(c) Open fire escapes, fireproof outside stairways, and balconies opening upon fire towers may
project into a rear yard not more than 3 ½ feet when so placed as not to obstruct light and
ventilation.
(7) Permitted Projections in the Lakefront Residential Overlay District (LR-O): Refer to Section 30-157.
(8) Permitted Projections in the Planned Development Overlay District (PD-O): Per approved Specific
Implementation Plan.
(9) Permitted Projections in the Campus Overlay District (C-O): Per approved Campus Master Plan.
Sections 30-115 to 30-129: Reserved
City of Oshkosh Zoning Ordinance Article V: Nonconforming Situations
Section 30-130: Purpose
Draft #6 147 July 22, 2016
ARTICLE V: NONCONFORMING SITUATIONS
Section 30-130: Purpose
The purpose of this Article is to establish regulations for the following nonconforming situations created
legally prior to the effective date of this Chapter: nonconforming uses, nonconforming and substandard lots,
nonconforming structures, and other nonconforming sites.
Section 30-131: Nonconforming Uses
(1) Definition. A nonconforming use is an active and actual use of land or structures, or both; legally
established prior to the effective date of this Chapter or subsequent applicable amendments thereto
which has continued the same use to the present, and which would not be permitted under the current
terms of this Chapter.
(2) Continuance of a Nonconforming Use.
(a) Any nonconforming use lawfully existing upon the effective date of this Chapter may be
continued at the size and in a manner of operation existing upon such date, except as specified in
this Section.
(b) Any legal use under the previous Zoning Ordinance which is made nonconforming by this
Chapter may apply for a conditional use permit to be granted legal conforming status.
(c) If a parcel or lot contains an existing nonconforming use, the addition of a new conforming use
on that parcel or lot shall require a conditional use permit, subject to the standards, criteria, and
procedures prescribed by Section 30-382, in order to ensure compatibility with the existing
nonconforming use. Whether uses are compatible shall be determined by the Director of
Community Development, or designee.
(d) In the absence of a conditional use permit granting it legal conforming status, a nonconforming
use shall be discontinued before a new conforming use may be added to the parcel.
(3) Modification of a Nonconforming Use. A structure containing a nonconforming use shall not be
enlarged or increased to occupy a greater area of lot, parcel, site, and/or structure than was occupied at
the time of the effective date of this Chapter.
(4) No nonconforming use of a premise shall be moved in whole or in part to any other portion of the lot,
parcel, site and/or structure than was occupied upon the effective date of this Chapter.
(5) Discontinuance of a Nonconforming Use.
(a) When any nonconforming use of any structure or land is discontinued for a period of 365 days,
or is changed into a conforming use, any future use of said structure or land shall be in complete
conformity with the provisions of this Chapter.
1. A nonconforming use that has been discontinued for a period of 365 days or more may be
reestablished through the granting of a conditional use permit, provided that the
nonconforming use is permitted by right in a zoning district that is less intensive than the
zoning district of the subject property, as determined by the Plan Commission.
(b) The property owner has the burden to prove that the nonconforming use has been continuously
maintained over time. Potential forms of documentation include but are not limited to utility
bills; tax records; business licenses; listing in telephone, business, or city directories;
advertisements in dated publications; building, land use, or development permits; insurance
policies; leases; dated aerial photos; insurance maps that identify use or development such as
Sanborn Maps; or land use and development inventories prepared by a government agency.
City of Oshkosh Zoning Ordinance Article V: Nonconforming Situations
Section 30-132: Nonconforming and Substandard Lots
Draft #6 148 July 22, 2016
(6) Ordinary Maintenance and Repairs of a Structure and Land Containing a Nonconforming Use.
(a) The ordinary maintenance and repairs made to a structure or land containing or related to a
nonconforming use is permitted. Ordinary maintenance and repairs are defined as follows:
1. The repair or replacement of doors, windows, nonbearing walls, fixtures, heating and air
conditioning components, wiring, plumbing, siding, roofing, or other nonstructural
components.
2. Overlaying an off-street parking and/or loading lot, which shall mean adding a layer of
asphalt or concrete to an existing off-street parking and/or loading lot.
3. Resurfacing the asphalt or concrete of the off-street parking, loading facilities, and/or access
drives without exposing the base course and overlaying such area.
(b) In no instance shall said maintenance and repairs exceed, over the life of the structure, 50
percent of the present equalized assessed value of said structure or property prior to said repairs,
in accordance with Wis. Stats. 62.23(7)(h).
Section 30-132: Nonconforming and Substandard Lots
(1) Definition. A nonconforming or substandard lot is a lot legally established prior to the effective date of
this Chapter or subsequent applicable amendments thereto which would not be permitted under the
current terms of this Chapter.
(2) Applicability: The following Section shall apply to all lots in the City except in the following
circumstances:
(a) The lot did not legally exist as of the effective date of this Chapter.
(b) The lot is subject to a court order to the contrary of this Section.
(3) Blanket Conforming Status.
(a) Blanket conforming status for any and all requirements of this Chapter is hereby automatically
granted to all nonconforming or substandard lots in their configuration existing or as finally
approved as of the effective date of this Chapter. This Subsection ensures that lots approved and
created prior to the adoption of this Chapter do not encounter difficulty because the lots would
otherwise be considered nonconforming or substandard.
(b) After the effective date of this Chapter, no lot shall be created which does not meet the density,
intensity, and bulk requirements of the zoning district, except any lot located within a subdivision
platted prior to the effective date of this Chapter may return to its originally-platted dimensions
and configurations.
(4) New Development: A lot of record existing upon the effective date of this Chapter in any zoning
district, which does not meet the minimum lot area, width, and frontage requirements for the zoning
district, may be utilized only for one single family dwelling unit or a permitted nonresidential use,
provided that such development complies with all of the density, intensity, and bulk regulations for
that zoning district.
Section 30-133: Nonconforming Structures
(1) Definition. A nonconforming structure is a structure legally established prior to the effective date of
this Chapter or subsequent applicable amendments thereto which would not be permitted under the
current terms of this Chapter. Parking, loading, access drives, and other paved areas are included in
the definition of structure.
(2) The following Section shall apply to all structures in the City except in the following circumstances:
City of Oshkosh Zoning Ordinance Article V: Nonconforming Situations
Section 30-133: Nonconforming Structures
Draft #6 149 July 22, 2016
(a) The structure did not legally exist as of the effective date of this Chapter.
(b) The structure is subject to a court order to the contrary of this Section.
(c) Where there are conflicts between or among regulations within this Section and other regulations
such as floodplain, wetland, and shoreland regulations, the regulations which are more restrictive
or which impose higher standards or requirements shall prevail.
(3) Blanket Conforming Status.
(a) Blanket conforming status for any and all requirements of this Chapter is hereby automatically
granted to any structure lawfully existing upon the effective date of this Chapter. After said date,
structures may not be enlarged, expanded, or extended without bringing the enlargement,
expansion, or extension into compliance with the provisions of this Chapter, or unless a variance
is granted by the Zoning Board of Appeals under Section 30-411.
(b) This Subsection is intended to eliminate the new and/or continued classification of structures as
nonconforming subject to the requirements of this Chapter. This provision addresses two
different situations:
1. Any structure erected prior to the original adoption of zoning by the City of Oshkosh that
does not meet some or all of the bulk or intensity requirements of this Chapter.
2. In some instances, this Chapter establishes new bulk or intensity requirements that existing
legal structures under the previous Zoning Ordinance do not meet.
(c) This Section therefore ensures that owners of such structures legally established prior to the
effective date of this Chapter do not encounter difficulty because the structures would otherwise
be considered nonconforming.
(4) Continuation. Any structure or building lawfully existing upon the effective date of this Chapter may
be continued at the size and in a manner of operation existing upon such date, except as hereafter
specified.
(5) Unsafe Conditions. Nothing in this Chapter shall preclude the Building Inspector from remedial or
enforcement actions when said structure or building is declared unsafe.
(6) Alterations.
(a) For the purposes of this Section, alterations shall be defined as being one or more of the
following:
1. Adding, removing, changing, or rearranging the supporting members of an existing structure,
such as load-bearing walls, columns, beams, girders, trusses, or interior partitions.
2. Pulverizing and/or removing asphalt or concrete from off-street parking and loading
facilities and/or access drives to the extent of exposing the base course, whether or not
repaving of such area occurs.
3. Full-depth reclamation and mix and mill in-place processes that pulverize the parking facility
surface and blend it on-site with the existing aggregate base.
4. For the purposes of this Section, “size” is defined as the site coverage, physical dimension,
volume, height, length, width, or gross floor area.
(b) A nonconforming structure may be altered provided that the nonconforming structure does not
encroach any further into the established nonconforming yard setbacks or required yard
setbacks.
(c) A record shall be kept with lists the nonconforming structure, their assessed value, and the cost
of those alterations which have been permitted. Such records shall be cumulative and track the
cost of the alterations for the lifetime of the structure.
City of Oshkosh Zoning Ordinance Article V: Nonconforming Situations
Section 30-134: Other Nonconforming Sites
Draft #6 150 July 22, 2016
(7) Additions.
(a) An addition shall be defined as anything that increases the size of a building or structure.
(b) Additions made to nonconforming structures shall be permissible in required setbacks subject to
the following:
1. The addition shall not encroach any further into the established nonconforming yard
setbacks or required yard setbacks.
2. The addition shall conform to all other requirements of the district in which it is located.
(c) Additions shall meet all other provisions of this Chapter, including, but not limited to, maximum
lot coverage, off-street parking and loading facilities, and landscaping standards.
(8) Relocation.
(a) Relocation shall be defined as any repositioning of a structure on its site or moving any structure
to another site.
(b) No structure shall be moved in whole or in part to any other location on the same or any other
site unless the structure complies with all of the provisions of this Chapter.
(c) If a structure is relocated to a new site, it shall also comply with all other provisions of this
Chapter, including, but not limited to, maximum lot coverage, off-street parking and loading
facilities, and landscaping standards.
(9) Ordinary Maintenance and Repairs.
(a) The ordinary maintenance and repairs made to a nonconforming structure is permitted.
(b) Ordinary maintenance and repairs are defined as follows:
1. The repair or replacement of doors, windows, nonbearing walls, fixtures, heating and air
conditioning components, wiring, plumbing, siding, roofing, or other nonstructural
components.
2. Overlaying an off-street parking and/or loading lot, which shall mean adding a layer of
asphalt or concrete to an existing off-street parking and/or loading lot.
3. Resurfacing the asphalt or concrete of the off-street parking, loading facilities, and/or access
drives without exposing the base course and overlaying such area.
(10) Destruction and Reconstruction. A damaged, destroyed, or removed structure may be restored to the
size, location, design and use that it had immediately before the damage, destruction, or removal
occurred without any limits on the costs of the repair, reconstruction, or improvement if either (a) or
(b), below, apply. The burden of proof in regard to the location, dimensions, configuration, and
exterior building materials of the damaged or removed structure shall be upon the property owner to
demonstrate prior to the issuance of a building permit.
(a) The structure was damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold,
infestation, or other act identified by Wis. Stats. 62.23(7) on or after March 2, 2006.
(b) The structure was damaged, destroyed, removed, or partially removed by other means on or after
the effective date of this Chapter.
Section 30-134: Other Nonconforming Sites
(1) Definition. A nonconforming site is a site legally established prior to the effective date of this Chapter
or subsequent applicable amendments thereto which would not be permitted under the current terms
of this Chapter because it does not meet the building and site design requirements of this Chapter.
Such building and site design components may include one or more of the following:
City of Oshkosh Zoning Ordinance Article V: Nonconforming Situations
Sections 30-135 to 30-149: Reserved
Draft #6 151 July 22, 2016
(a) Bulk, intensity, and density requirements.
(b) Exterior building materials requirements.
(c) Exterior building design requirements.
(d) Number of parking spaces required.
(e) Landscaping requirements.
(f) Bufferyard requirements.
(g) Fencing requirements.
(h) Lighting requirements.
(2) Blanket Conforming Status.
(a) Blanket conforming status for any and all requirements of this Chapter is hereby automatically
granted to all development sites in their configuration existing or as finally approved as of the
effective date of this Chapter.
(b) After the effective date of this Chapter, additional site development that would result in the
enlargement, expansion, or extension of uses, structures or other development per (1)(a) through
(h), above, will not be allowed to occur without such additional site development being in full
compliance with the provisions of this Chapter.
(c) This Subsection is intended to prevent the creation of nonconforming sites related to the
building and site design requirements of this Chapter.
(d) This Subsection ensures that sites approved prior to the effective date of this Chapter do not
encounter difficulty because they would otherwise be considered nonconforming.
(3) New Development. All new buildings, structures, parking areas, and parking stall counts, including
reconstructions, shall comply with all site design requirements of this Chapter, including the
components of (1)(a) through (h), above, for the new or reconstructed portion of the development.
(4) Conformance Required Where Possible. On nonconforming lots where the site configuration and
undeveloped area are sufficient to comply with site design requirements, any change that would make
compliance with the site design requirements of this Chapter impossible shall not be permitted, as
determined by the Director of Community Development, or designee.
(5) On nonconforming lots where the site configuration and undeveloped area are not sufficient to
comply with all site design requirements, but space is available to reduce the degree of one or more
nonconformities, the Director of Community Development, or designee, shall determine the manner
and degree to which each site nonconformities shall be brought into conformance, specifically to
improve public safety and/or reduce public nuisances.
(6) Creation of Additional Nonconformity Prohibited. Enlargements, expansions, or extensions that
would result in creation of one or more nonconformities, or increase the degree of existing
nonconformities with the site development standards of this Chapter shall not be permitted.
Sections 30-135 to 30-149: Reserved
City of Oshkosh Zoning Ordinance Article V: Nonconforming Situations
Sections 30-135 to 30-149: Reserved
Draft #6 152 July 22, 2016
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City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-150: Purpose
Draft #6 153 July 22, 2016
ARTICLE VI: OVERLAY ZONING DISTRICTS
Section 30-150: Purpose
The purpose of this Article is to establish overlay zoning districts wherein certain additional requirements are
superimposed on the underlying standard zoning districts set forth in Article II of this Chapter. Each overlay
district is intended to address a special land use circumstance beyond those addressed by the underlying
zoning district. Special requirements include protections against natural hazards, protections of valued natural
and cultural resources, special design guidelines, and measures to ensure compatibility with airport flight
operations. Any nonconforming situation (lot, use, structure, and/or site) shall adhere to the provisions of
Article V.
Section 30-151: How to Use This Article
A given property may lie within one or more overlay zoning district based on its geographic location. The
provisions of this Article are intended to be consulted before issuance of any building permit, site plan
approval, conditional use permit, zoning permit, zoning change, or land division to ensure the intended use
meets all of the requirements of any applicable overlay district, in addition to the underlying standard zoning
district. For each overlay district established in this Article, a definition of the resource or geographic area is
provided, followed by the specific purposes of the protective regulations governing the resource or
geographic location, the method of delineating the boundaries of the overlay district, and the development
regulations.
Section 30-152: Overlay Zoning Districts
For the purpose of this Chapter, the following overlay zoning districts are hereby established.
AP-O Airport Overlay
C-O Campus Overlay
FP-O Floodplain Overlay
LR-O Lakefront Residential Overlay
PD-O Planned Development Overlay
RF-O Riverfront Overlay
SL-O Shoreland Overlay
TND-O Traditional Neighborhood Design Overlay
NTD-O Neo-Traditional Development Overlay
UT-O University Transition Overlay
Section 30-153: Map of Overlay Zoning Districts
Except where otherwise indicated in this Article, the overlay zoning districts are represented on the Official
Zoning Map, adopted and from time to time amended by the City of Oshkosh.
Section 30-154: (AP-O) Airport Overlay Zoning District
The terms, provisions, and regulations pertaining to the uses of land and the height and bulk of obstructions
to aerial navigation contained in the Winnebago County Airport Zoning Ordinance adopted by the
Winnebago County Board of Supervisors, and any additions, deletions and modifications thereto, apply to
property within the City of Oshkosh.
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-155: (C-O) Campus Overlay Zoning District
Draft #6 154 July 22, 2016
Section 30-155: (C-O) Campus Overlay Zoning District
(1) Intent. The purpose of this overlay district is to recognize the presence and importance of large-scale
governmental, office, educational, medical, and research and development facilities in the City, to
facilitate their development, and to coordinate their futures with those of their neighbors and the
community as a whole. This district is also intended to:
(a) Permit appropriate campus growth, while minimizing adverse impacts associated with
modifications, infill development, and/or expansion.
(b) Recognize the sharing of parking, green space, and other efficiencies that come with integrated
campus planning and development.
(c) Balance the ability of a campus to evolve and the public benefits associated with such
development with the need to protect the livability and vitality of nearby properties and
neighborhoods.
(d) Encourage the preparation of Campus Master Plans that establish full conforming zoning status,
facilitate predictable campus development, and enable nearby property owners, residents and the
community to understand short-term development proposals, impacts and mitigation strategies
within the context of long-term development possibilities.
(2) Ownership. An area of land proposed to be developed with Campus zoning shall be under the control
of a single owner, partnership, corporation, or other cooperating property owners, where each owner
agrees in advance to be bound by the conditions and regulations which will be effective within the
district and to record such covenants, easements, and other provisions with the county.
(3) Interim Campus Zoning. The following shall apply to properties zoned Campus prior to the adoption
of a Campus Master Plan.
(a) All existing land uses, structures, paved areas, and lots are legal and conforming, consistent with
Article V.
(b) For each Campus zoning district, the regulations of the Institutional zoning district shall serve
unless and until the Campus Master Plan is approved by the City.
(4) Land Use Regulations. The following shall apply to properties with Campus zoning following the
adoption of a campus master plan:
(a) All land uses and development (including but not limited to buildings, structures, paved areas,
fixtures, landscaping, and signage) existing as of the date of Campus Master Plan approval which
are depicted on the approved Campus Existing Conditions Graphic and/or listed on the
approved Campus Existing Development Inventory, shall be considered as fully legal,
conforming land uses and development, unless explicitly identified by the City within the
Campus Master Plan approval documentation as having a legal nonconforming or
nonconforming status.
(b) Proposed land uses, buildings, paving, and other development which are located within the
Campus district, and which are consistent with the approved Campus Plan Graphic and Campus
Plan Development Inventory, shall be considered, reviewed and approved prior to the time of
their development, per Section 30-388. Such uses shall be permitted by right, subject to site plan
approval by the City.
(c) Specific land uses and development within the Campus district which are inconsistent with an
approved Campus Plan Graphic and Campus Plan Development Inventory shall be reviewed as
conditional uses. See Section 30-388(4) for expired Campus Master Plans.
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-156: (FP-O) Floodplain Overlay Zoning District
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1. If a proposed conditional use permit (alone or in combination with previously approved
conditional use permits enacted since the adoption of the Campus Master Plan) would cause
significant changes to the original Campus Master Plan as adopted, a new or updated CMP
may be required at the discretion of the Director of Community Development, or designee.
(d) A Planned Development may be proposed, considered and approved within any portion of the
area of an approved Campus Master Plan, and if approved, shall supersede explicitly approved
provisions of the Campus Master Plan and the Zoning Ordinance, for the area included within
the boundaries of the Planned Development.
(5) See Section 30-388 for the process to establish Campus zoning.
(6) See Section 30-388(6) for the Campus Master Plan requirements.
Section 30-156: (FP-O) Floodplain Overlay Zoning District
(1) Title. This ordinance shall be known as the “Floodplain Zoning Ordinance for the City of Oshkosh,
Wisconsin.”
(2) Statutory Authorization, Finding of Fact, Statement of Purpose.
(a) Statutory Authorization. This Ordinance is adopted pursuant to the authorization in Section
62.23 and the requirements in Section 87.30, Stats.
(b) Finding of Fact. Uncontrolled development and use of the floodplains and rivers of this
municipality would impair the public health, safety, convenience, general welfare and tax base.
(c) Statement of Purpose. This Ordinance is intended to regulate floodplain development to:
1. Protect life, health and property;
2. Minimize expenditures of public funds for flood control projects;
3. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
4. Minimize business interruptions and other economic disruptions;
5. Minimize damage to public facilities in the floodplain;
6. Minimize the occurrence of future flood blight areas in the floodplain;
7. Discourage the victimization of unwary land and homebuyers;
8. Prevent increases in flood heights that could increase flood damage and result in conflicts
between property owners; and
9. Discourage development in a floodplain if there is any practicable alternative to locate the
activity, use or structure outside of the floodplain.
(3) Definitions
(a) Rules of Construction. Unless specifically defined, words and phrases in this Ordinance shall
have their common law meaning and shall be applied in accordance with their common usage.
Words used in the present tense include the future, the singular number includes the plural and
the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and
is not discretionary.
1. A-zones: Those areas shown on the official floodplain zoning map which would be
inundated by the regional flood. These areas may be numbered or unnumbered A Zones.
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The A Zones may or may not be reflective of flood profiles, depending on the availability of
data for a given area.
2. Accessory structure or use: A facility, structure, building or use which is accessory or
incidental to the principal use of a property, structure or building.
3. Base flood: Means the flood having a one percent chance of being equaled or exceeded in
any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
4. Basement: Any enclosed area of a building having its floor sub-grade, i.e., below ground
level, on all sides.
5. Building: See Structure.
6. Bulkhead line: A geographic line along a reach of navigable water that has been adopted by
a municipal ordinance and approved by the Department pursuant to Section 30.11, Stats.,
and which allows limited filling between this bulkhead line and the original ordinary
highwater mark, except where such filling is prohibited by the floodway provisions of this
Ordinance.
7. Campground: Any parcel of land which is designed, maintained, intended or used for the
purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or
which is advertised or represented as a camping area.
8. Camping unit: Any portable device, no more than 400 square feet in area, used as a
temporary shelter, including but not limited to a camping trailer, motor home, bus, van,
pick-up truck, tent or other mobile recreational vehicle.
9. Certificate of compliance: A certification that the construction and the use of land or a
building, the elevation of fill or the lowest floor of a structure is in compliance with all of the
provisions of this Ordinance.
10. Channel: A natural or artificial watercourse with definite bed and banks to confine and
conduct normal flow of water.
11. Crawlways or crawl space: An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing and electrical utilities.
12. Deck: An unenclosed exterior structure that has no roof or sides, but has a permeable floor
which allows the infiltration of precipitation.
13. Department: The Wisconsin Department of Natural Resources.
14. Development: Any artificial change to improved or unimproved real estate, including, but
not limited to, the construction of buildings, structures or accessory structures; the
construction of additions or alterations to buildings, structures or accessory structures; the
repair of any damaged structure or the improvement or renovation of any structure,
regardless of percentage of damage or improvement; the placement of buildings or
structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving,
excavation or drilling operations; the storage, deposition or extraction of materials or
equipment; and the installation, repair or removal of public or private sewage disposal
systems or water supply facilities.
15. Dryland access: A vehicular access route which is above the regional flood elevation and
which connects land located in the floodplain to land outside the floodplain, such as a road
with its surface above regional flood elevation and wide enough for wheeled rescue and
relief vehicles.
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16. Encroachment: Any fill, structure, equipment, building, use or development in the
floodway.
17. Existing manufactured home park or subdivision: A parcel of land, divided into two or
more manufactured home lots for rent or sale, on which the construction of facilities for
servicing the lots is completed before the effective date of this Ordinance. At a minimum,
this would include the installation of utilities, the construction of streets and either final site
grading or the pouring of concrete pads.
18. Expansion to existing mobile/manufactured home park: The preparation of additional sites
by the construction of facilities for servicing the lots on which the manufactured homes are
to be affixed. This includes installation of utilities, construction of streets and either final
site grading, or the pouring if concrete pads.
19. Federal Emergency Management Agency (FEMA): The Federal agency that administers the
National Flood Insurance Program.
20. Flood Insurance Rate Map (FIRM): A map of a community on which the Federal Insurance
Administration has delineated both special flood hazard areas (the floodplain) and the risk
premium zones applicable to the community. This map can only be amended by the Federal
Emergency Management Agency.
21. Flood or flooding: A general and temporary condition of partial or complete inundation of
normally dry land areas caused by one of the following conditions:
a. The overflow or rise of inland waters,
b. The rapid accumulation or runoff of surface waters from any source,
c. The inundation caused by waves or currents of water exceeding anticipated cyclical
levels along the shore of Lake Michigan or Lake Superior, or
d. The sudden increase caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche,
or by some similarly unusual event.
22. Flood frequency: The probability of a flood occurrence which is determined from statistical
analyses. The frequency of a particular flood event is usually expressed as occurring, on the
average, once in a specified number of years or as a percent (%) chance of occurring in any
given year.
23. Floodfringe: That portion of the floodplain outside of the floodway which is covered by
flood waters during the regional flood and associated with standing water rather than
flowing water.
24. Flood Hazard Boundary Map: A map designating approximate flood hazard areas. Flood
hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or
regional flood elevations. This map forms the basis for both the regulatory and insurance
aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood
Insurance Study and a Flood Insurance Rate Map.
25. Flood insurance study: A technical engineering examination, evaluation, and determination
of the local flood hazard areas. It provides maps designating those areas affected by the
regional flood and provides both flood insurance rate zones and base flood elevations and
may provide floodway lines. The flood hazard areas are designated as numbered and
unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance
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Section 30-156: (FP-O) Floodplain Overlay Zoning District
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Study, form the basis for both the regulatory and the insurance aspects of the National
Flood Insurance Program.
26. Floodplain: Land which has been or may be covered by flood water during the regional
flood. It includes the floodway and the floodfringe, and may include other designated
floodplain areas for regulatory purposes.
27. Floodplain island: A natural geologic land formation within the floodplain that is
surrounded, but not covered, by floodwater during the regional flood.
28. Floodplain management: Policy and procedures to ensure wise use of floodplains, including
mapping and engineering, mitigation, education, and administration and enforcement of
floodplain regulations.
29. Flood profile: A graph or a longitudinal profile line showing the relationship of the water
surface elevation of a flood event to locations of land surface elevations along a stream or
river.
30. Floodproofing: Any combination of structural provisions, changes or adjustments to
properties and structures, water and sanitary facilities and contents of buildings subject to
flooding, for the purpose of reducing or eliminating flood damage.
31. Flood protection elevation: An elevation of two feet of freeboard above the water surface
profile elevation designated for the regional flood. (Also see: FREEBOARD.)
32. Flood storage: Those floodplain areas where storage of floodwaters has been taken into
account during analysis in reducing the regional flood discharge.
33. Floodway: The channel of a river or stream and those portions of the floodplain adjoining
the channel required to carry the regional flood discharge.
34. Freeboard: A safety factor expressed in terms of a specified number of feet above a
calculated flood level. Freeboard compensates for any factors that cause flood heights
greater than those calculated, including ice jams, debris accumulation, wave action,
obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of
flood storage areas due to development and aggregation of the river or stream bed.
35. Habitable structure: Any structure or portion thereof used or designed for human
habitation.
36. Hearing notice: Publication or posting meeting the requirements of Ch. 985, Stats. For
appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is
required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once
each week consecutively, the last at least a week (7 days) before the hearing. Local
ordinances or bylaws may require additional notice, exceeding these minimums.
37. High flood damage potential: Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure or building and its
contents.
38. Historic structure: Any structure that is either:
a. Listed individually in the National Register of Historic Places or preliminarily
determined by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register,
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b. Certified or preliminarily determined by the Secretary of the Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district,
c. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior, or
d. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program, as
determined by the Secretary of the Interior; or by the Secretary of the Interior in states
without approved programs.
39. Increase in regional flood height: A calculated upward rise in the regional flood elevation,
equal to or greater than 0.01 foot, based on a comparison of existing conditions and
proposed conditions which is directly attributable to development in the floodplain but not
attributable to manipulation of mathematical variables such as roughness factors, expansion
and contraction coefficients and discharge.
40. Land use: Any nonstructural use made of unimproved or improved real estate. (Also see
development.)
41. Manufactured home: A structure transportable in one or more sections, which is built on a
permanent chassis and is designed to be used with or without a permanent foundation when
connected to required utilities. The term "manufactured home" includes a mobile home but
does not include a "mobile recreational vehicle."
42. Mobile recreational vehicle: A vehicle which is built on a single chassis, 400 square feet or
less when measured at the largest horizontal projection, designed to be self-propelled, carried
or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if
registration is required and is designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel or seasonal use. Manufactured
homes that are towed or carried onto a parcel of land, but do not remain capable of being
towed or carried, including park model homes, do not fall within the definition of "mobile
recreational vehicles."
43. Municipality or municipal: The county, city or village governmental units enacting,
administering and enforcing this Zoning Ordinance.
44. NGVD or National Geodetic Vertical Datum: Elevations referenced to mean sea level
datum, 1929 adjustment.
45. New construction: For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after the effective date of
floodplain zoning regulations adopted by this community and includes any subsequent
improvements to such structures. For the purpose of determining flood insurance rates, it
includes any structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes
any subsequent improvements to such structures.
46. Nonconforming structure: An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this Ordinance for the area of
the floodplain which it occupies. (For example, an existing residential structure in the
floodfringe district is a conforming use. However, if the lowest floor is lower than the flood
protection elevation, the structure is nonconforming.)
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Section 30-156: (FP-O) Floodplain Overlay Zoning District
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47. Nonconforming use: An existing lawful use or accessory use of a structure or building
which is not in conformity with the provisions of this Ordinance for the area of the
floodplain which it occupies. (Such as a residence in the floodway.)
48. Obstruction to flow: Any development which blocks the conveyance of floodwaters such
that this development alone or together with any future development will cause an increase
in regional flood height.
49. Official Floodplain Zoning Map: That map, adopted and made part of this Ordinance, as
described in Section 30-156(4)(b), which has been approved by the Department and FEMA.
50. Open space use: Those uses having a relatively low flood damage potential and not
involving structures.
51. Ordinary Highwater Mark: The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive mark such as by erosion,
destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or
other easily recognized characteristic.
52. Person: An individual, or group of individuals, corporation, partnership, association,
municipality or state agency.
53. Private sewage system: A sewage treatment and disposal system serving one structure with a
septic tank and soil absorption field located on the same parcel as the structure. It also
means an alternative sewage system approved by the Department of Commerce, including a
substitute for the septic tank or soil absorption field, a holding tank, a system serving more
than one structure or a system located on a different parcel than the structure.
54. Public utilities: Those utilities using underground or overhead transmission lines such as
electric, telephone and telegraph, and distribution and collection systems such as water,
sanitary sewer and storm sewer.
55. Reasonably safe from flooding: Means base flood waters will not inundate the land or
damage structures to be removed from the special flood hazard area and that any subsurface
waters related to the base flood will not damage existing or proposed buildings.
56. Regional flood: A flood determined to be representative of large floods known to have
occurred in Wisconsin. A regional flood is a flood with a one percent chance of being
equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent
to the BFE.
57. Start of construction: The date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond initial excavation, or
the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading and filling, nor does it include the
installation of streets and/or walkways, nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms, nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For an alteration, the actual start of
construction means the first alteration of any wall, ceiling, floor or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
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58. Structure: Any manmade object with form, shape and utility, either permanently or
temporarily attached to, placed upon or set into the ground, stream bed or lake bed,
including, but not limited to, roofed and walled buildings, gas or liquid storage tanks,
bridges, dams and culverts.
59. Subdivision: Has the meaning given in Section 236.02(12), Wis. Stats.
60. Substantial damage: Damage of any origin sustained by a structure, whereby the cost of
restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the
equalized assessed value of the structure before the damage occurred.
61. Unnecessary hardship: Where special conditions affecting a particular property, which were
not self-created, have made strict conformity with restrictions governing areas, setbacks,
frontage, height or density unnecessarily burdensome or unreasonable in light of the
purposes of the ordinance.
62. Variance: An authorization by the Board of Appeals for the construction or maintenance of
a building or structure in a manner which is inconsistent with dimensional standards (not
uses) contained in the Floodplain Zoning Ordinance.
63. Violation: The failure of a structure or other development to be fully compliant with the
Floodplain Zoning Ordinance. A structure or other development without required permits,
lowest floor elevation documentation, floodproofing certificates or required floodway
encroachment calculations is presumed to be in violation until such time as that
documentation is provided.
64. Watershed: The entire region contributing runoff or surface water to a watercourse or body
of water.
65. Water surface profile: A graphical representation showing the elevation of the water surface
of a watercourse for each position along a reach of river or stream at a certain flood flow. A
water surface profile of the regional flood is used in regulating floodplain areas.
66. Well: Means an excavation opening in the ground made by digging, boring, drilling, driving
or other methods, to obtain groundwater regardless of its intended use.
(4) General Provisions
(a) Areas to be Regulated. This Ordinance regulates all areas that would be covered by the regional
flood or base flood.
1. Note: Base flood elevations are derived from the flood profiles in the Flood Insurance
Study. Regional flood elevations may be derived from other studies. Areas covered by the
base flood are identified as A-Zones on the Flood Insurance Rate Map.
(b) Official Maps & Revisions. The boundaries of all floodplain districts are designated as
floodplains or A-Zones on the maps listed below and the revisions in the City of Oshkosh
Floodplain Appendix. Any change to the base flood elevations (BFE) in the Flood Insurance
Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the
DNR and FEMA before it is effective. No changes to regional flood elevations (RFE's) on non-
FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file
in the office of the Zoning Administrator, City of Oshkosh. If more than one map or revision is
referenced, the most current approved information shall apply.
1. Official Maps: Based on the FIS.
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Section 30-156: (FP-O) Floodplain Overlay Zoning District
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a. Flood Insurance Rate Maps (FIRM), dated 3/17/2003; with corresponding profiles that
are based on the Flood Insurance Study (FIS) dated 3/17/2003. Approved by: The
DNR and FEMA
(c) Establishment of Districts. The regional floodplain areas are divided into three districts as
follows:
1. The Floodway District (FW) is the channel of a river or stream and those portions of the
floodplain adjoining the channel required to carry the regional floodwaters.
2. The Floodfringe District (FF) is that portion of the floodplain between the regional flood
limits and the floodway.
3. The General Floodplain District (GFP) is those areas that have been or may be covered by
floodwater during the regional flood.
(d) Locating Floodplain Boundaries. Discrepancies between boundaries on the official floodplain
zoning map and actual field conditions shall be resolved using the criteria in paragraphs (1) or (2)
below. If a significant difference exists, the map shall be amended according to Section 30-
156(11). The zoning administrator can rely on a boundary derived from a profile elevation to
grant or deny a land use permit, whether or not a map amendment is required. The zoning
administrator shall be responsible for documenting actual pre-development field conditions and
the basis upon which the district boundary was determined and for initiating any map
amendments required under this section. Disputes between the zoning administrator and an
applicant over the district boundary line shall be settled according to Section 30-156(10)(c)3. and
the criteria in 1. and 2. below.
1. If flood profiles exist, the map scale and the profile elevations shall determine the district
boundary. The regional or base flood elevations shall govern if there are any discrepancies.
2. Where flood profiles do not exist, the location of the boundary shall be determined by the
map scale, visual on-site inspection and any information provided by the Department.
a. Note: Where the flood profiles are based on established base flood elevations from a
FIRM, FEMA must also approve any map amendment pursuant to Section 30-
156(11)(a)6.
(e) Removal of Lands from Floodplain. Compliance with the provisions of this Ordinance shall not
be grounds for removing land from the floodplain unless it is filled at least two feet above the
regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map
is amended pursuant to Section 30-156(11).
1. Note: This procedure does not remove the requirements for the mandatory purchase of
flood insurance. The property owner must contact FEMA to request a Letter of Map
Change (LOMC).
(f) Compliance. Any development or use within the areas regulated by this Ordinance shall be in
compliance with the terms of this Ordinance, and other applicable local, state, and federal
regulations.
(g) Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities,
villages, towns, and counties are required to comply with this Ordinance and obtain all necessary
permits. State agencies are required to comply if Section 13.48(13), Stats., applies. The
construction, reconstruction, maintenance and repair of state highways and bridges by the
Wisconsin Department of Transportation is exempt when Section 30.2022, Stats., applies.
(h) Abrogation and Greater Restrictions.
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1. This Ordinance supersedes all the provisions of any municipal Zoning Ordinance enacted
under Section 62.23 for cities or Section 87.30, Stats. If another Ordinance is more
restrictive than this Ordinance, that Ordinance shall continue in full force and effect to the
extent of the greater restrictions, but not otherwise.
2. This Ordinance is not intended to repeal, abrogate or impair any existing deed restrictions,
covenants or easements. If this Ordinance imposes greater restrictions, the provisions of
this Ordinance shall prevail.
(i) Interpretation. In their interpretation and application, the provisions of this Ordinance are the
minimum requirements liberally construed in favor of the governing body and are not a
limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of
this Ordinance, required by Ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be
interpreted in light of the standards in effect on the date of the adoption of this Ordinance or in
effect on the date of the most recent text amendment to this Ordinance.
(j) Warning and Disclaimer of Liability. The flood protection standards in this Ordinance are based
on engineering experience and scientific research. Larger floods may occur or the flood height
may be increased by man-made or natural causes. This Ordinance does not imply or guarantee
that non-floodplain areas or permitted floodplain uses will be free from flooding and flood
damages. Nor does this Ordinance create liability on the part of, or a cause of action against, the
municipality or any officer or employee thereof for any flood damage that may result from
reliance on this Ordinance.
(k) Severability. Should any portion of this Ordinance be declared unconstitutional or invalid by a
court of competent jurisdiction, the remainder of this Ordinance shall not be affected.
(l) Annexed Areas for Cities and Villages. The Winnebago County floodplain zoning provisions in
effect on the date of annexation shall remain in effect and shall be enforced by the municipality
for all annexed areas until the municipality adopts and enforces an Ordinance, which meets the
requirements of Ch. NR 116, Wis. Adm. Code and the National Flood Insurance Program
(NFIP). These annexed lands are described on the municipality's official zoning map. County
floodplain zoning provisions are incorporated by reference for the purpose of administering this
section and are on file in the office of the municipal zoning administrator. All plats or maps of
annexation shall show the regional flood elevation and the location of the floodway.
(m) General Development Standards. The community shall review all permit applications to
determine whether proposed building sites will be reasonably safe from flooding. If a proposed
building site is in a flood-prone area, all new construction and substantial improvements shall be
designed or modified and adequately anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed
with materials resistant to flood damage; be constructed by methods and practices that minimize
flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
Subdivisions shall be reviewed for compliance with the above standards. All subdivision
proposals (including manufactured home parks) shall include regional flood elevation and
floodway data for any development that meets the subdivision definition of this Ordinance.
(5) General Standards Applicable to All Floodplain Districts.
(a) Hydraulic and Hydrologic Analysis
1. Except as allowed in par. 3. below, no floodplain development shall:
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a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by
itself or with other development, increasing regional flood height; or
b. Increase regional flood height due to floodplain storage area lost, which equals or
exceeds 0.01 foot.
2. The zoning administrator shall deny permits if it is determined the proposed development
will obstruct flow or increase regional flood heights 0.01 foot or more, based on the
officially adopted FIRM or other adopted map, unless the provisions of sub. 3. are met.
3. Obstructions or increases equal to or greater than 0.01 foot may only be permitted if
amendments are made to this Ordinance, the official floodplain zoning maps, floodway lines
and water surface profiles, in accordance with Section 30-156(11).
a. Note: This section refers to obstructions or increases in base flood elevations as shown
on the officially adopted FIRM map. Any such alterations must be reviewed and
approved by FEMA and the DNR.
(b) Watercourse Alterations.
1. No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued
until the local official has notified in writing all adjacent municipalities, the Department and
FEMA regional offices and required the applicant to secure all necessary state and federal
permits. The flood carrying capacity of any altered or relocated watercourse shall be
maintained.
2. As soon as is practicable, but not later than six months after the date of the watercourse
alteration or relocation, the zoning administrator shall notify FEMA of the changes by
submitting appropriate technical or scientific data in accordance with NFIP guidelines that
shall be used to revise the FIRM, risk premium rates and floodplain management regulations
as required.
(c) Chapter 30 and 31, WIS. STATS., Development. Development which requires a permit from the
Department, under chs. 30 and 31, Wis. Stats., such as docks, piers, wharves, bridges, culverts,
dams and navigational aids, may be allowed if the necessary permits are obtained and
amendments to the floodway lines, water surface profiles, BFE's established in the FIS, or other
data from the officially adopted FIRM, or other floodplain zoning maps or the floodplain zoning
ordinance are made according to Section 30-156(11).
(d) Public or Private Campgrounds. Public or private campgrounds shall have a low flood damage
potential and shall meet the following provisions:
1. The campground is approved by the Department of Health and Family Services.
2. A land use permit for the campground is issued by the zoning administrator.
3. The character of the river system and the elevation of the campground is such that a 72-hour
warning of an impending flood can be given to all campground occupants.
4. There is an adequate flood warning procedure for the campground that offers the minimum
notice required under this section to all persons in the campground. This procedure shall
include a written agreement between the campground owner, the municipal emergency
government coordinator and the chief law enforcement official which specifies the flood
elevation at which evacuation shall occur, personnel responsible for monitoring flood
elevations, types of warning systems to be used and the procedures for notifying at-risk
parties, and the methods and personnel responsible for conducting the evacuation.
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5. This agreement shall be for no more than one calendar year, at which time the agreement
shall be reviewed and updated by the officials identified in sub. 4. to remain in compliance
with all applicable regulations, including those of the State Department of Health and Family
Services and all other applicable regulations.
6. Only camping units are allowed.
7. The camping units may not occupy any site in the campground for more than 180
consecutive days, at which time the camping unit must be removed from the floodplain for a
minimum of 24 hours.
8. All camping units that remain on site for more than 30 days shall be issued a limited
authorization by the campground operator, a written copy of which is kept on file at the
campground. Such authorization shall allow placement of a camping unit for a period not to
exceed 180 days and shall ensure compliance with all the provisions of this section.
9. The municipality shall monitor the limited authorizations issued by the campground
operator to assure compliance with the terms of this section.
10. All camping units that remain in place for more than 180 consecutive days must meet the
applicable requirements in either Section 30-156(6) or Section 30-156(7) for the floodplain
district in which the structure is located.
11. The campground shall have signs clearly posted at all entrances warning of the flood hazard
and the procedures for evacuation when a flood warning is issued.
12. All service facilities, including but not limited to refuse collection, electrical service, natural
gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at
or floodproofed to the flood protection elevation.
(6) Floodway District (FW)
(a) Applicability. This section applies to all floodway areas on the floodplain zoning maps and those
identified pursuant to Section 30-156(8)(d).
(b) Permitted Uses. The following open space uses are allowed in the floodway district and the
floodway areas of the general floodplain district, if:
they are not prohibited by any other Ordinance;
they meet the standards in Section 30-156(6)(c) and 30-156(6)(d); and
all permits or certificates have been issued according to Section 30-15(10)(a):
1. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild
crop harvesting.
2. Nonstructural industrial and commercial uses, such as loading areas, parking areas and
airport landing strips.
3. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic
grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and
horseback riding trails, subject to the fill limitations of Section 30-156(6)(c)4.
4. Uses or structures accessory to open space uses, or classified as historic structures that
comply with Section 30-156(6)(c) and 30-156(6)(d).
5. Extraction of sand, gravel or other materials that comply with Section 30-156(6)(c)4.
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6. Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas,
culverts, navigational aids and river crossings of transmission lines, and pipelines that comply
with Chs. 30 and 31, Stats.
7. Public utilities, streets and bridges that comply with Section 30-156(6)(c)3.
(c) Standards for Developments in Floodway Areas.
1. General
a. Any development in floodway areas shall comply with Section 30-156(5) and have a low
flood damage potential.
b. Applicants shall provide the following data to determine the effects of the proposal
according to Section 30-156(5)(a):
i. A cross-section elevation view of the proposal, perpendicular to the watercourse,
showing if the proposed development will obstruct flow; or
ii. An analysis calculating the effects of this proposal on regional flood height.
c. The zoning administrator shall deny the permit application if the project will increase
flood elevations upstream or downstream 0.01 foot or more, based on the data
submitted for par. b. above.
2. Structures. Structures accessory to permanent open space uses, classified as historic
structures, or functionally dependent on a waterfront location may be allowed by permit if
the structures comply with the following criteria:
a. The structure is not designed for human habitation and does not have a high flood
damage potential;
b. It must be anchored to resist flotation, collapse and lateral movement;
c. Mechanical and utility equipment must be elevated to, or floodproofed to or above the
flood protection elevation; and
d. It must not obstruct the flow of flood waters or cause any increase in flood levels during
the occurrence of the regional flood.
3. Public Utilities, Streets and Bridges. Public utilities, streets and bridges may be allowed by
permit, if:
a. Adequate floodproofing measures are provided to the flood protection elevation; and
b. Construction meets the development standards of Section 30-156(5)(a).
4. Fills or Deposition of Materials. Fills or deposition of materials may be allowed by permit, if:
a. The requirements of Section 30-156(5)(a) are met;
b. No material is deposited in the navigable channel unless a permit is issued by the
Department pursuant to Ch. 30, Stats., and a permit pursuant to Section 404 of the
Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been
issued, if applicable, and the other requirements of this section are met;
c. The fill or other materials will be protected against erosion by riprap, vegetative cover,
sheet piling or bulkheading; and
d. The fill is not classified as a solid or hazardous material.
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(d) Prohibited Uses. All uses not listed as permitted uses in Section 30-156(6)(b) are prohibited,
including the following uses:
1. Habitable structures, structures with high flood damage potential, or those not associated
with permanent open-space uses;
2. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality,
or human, animal, plant, fish or other aquatic life;
3. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
4. Any private or public sewage systems, except portable latrines that are removed prior to
flooding and systems associated with recreational areas and Department-approved
campgrounds that meet the applicable provisions of local ordinances and ch. COMM 83,
Wis. Adm. Code.
5. Any public or private wells which are used to obtain potable water, except those for
recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR
812, Wis. Adm. Code;
6. Any solid or hazardous waste disposal sites;
7. Any wastewater treatment ponds or facilities, except those permitted under s. NR
110.15(3)(b), Wis. Adm. Code;
8. Any sanitary sewer or water supply lines, except those to service existing or proposed
development located outside the floodway which complies with the regulations for the
floodplain area occupied.
(7) Floodfringe District (FF)
(a) Applicability. This section applies to all floodfringe areas shown on the floodplain zoning maps
and those identified pursuant to Section 30-156(8)(d).
(b) Permitted Uses. Any structure, land use, or development is allowed in the floodfringe district if
the standards in Section 30-156(7)(c) are met, the use is not prohibited by this or any other
Ordinance or regulation and all permits or certificates specified in Section 30-156(10)(a) have
been issued.
(c) Standards for Development in Floodfringe Areas. Section 30-156(5)(a) shall apply in addition to
the following requirements according to the use requested.
1. Residential Uses. Any habitable structure, including a manufactured home, which is to be
erected, constructed, reconstructed, altered, or moved into the floodfringe area, shall meet or
exceed the following standards:
a. The elevation of the lowest floor, excluding the basement or crawlway, shall be at or
above the flood protection elevation on fill. The fill shall be one foot or more above the
regional flood elevation extending at least 15 feet beyond the limits of the structure.
The Department may authorize other floodproofing measures if the elevations of
existing streets or sewer lines makes compliance with the fill standards impractical;
b. The basement or crawlway floor may be placed at the regional flood elevation if it is
floodproofed to the flood protection elevation. No basement or crawlway floor is
allowed below the regional flood elevation;
c. Contiguous dryland access shall be provided from a structure to land outside of the
floodplain, except as provided in par. d.
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d. In developments where existing street or sewer line elevations make compliance with
par. c. impractical, the municipality may permit new development and substantial
improvements where access roads are at or below the regional flood elevation, if:
i. The municipality has written assurance from police, fire and emergency services that
rescue and relief will be provided to the structure(s) by wheeled vehicles during a
regional flood event; or
ii. The municipality has a natural disaster plan approved by Wisconsin Emergency
Management and the Department.
2. Accessory Structures Or Uses
a. Except as provided in par. b., an accessory structure which is not connected to a
principal structure may be constructed with its lowest floor at or above the regional
flood elevation.
b. An accessory structure which is not connected to the principal structure and which is
less than 600 square feet in size and valued at less than $10,000 may be constructed with
its lowest floor no more than two feet below the regional flood elevation provided that
it is subject to flood velocities of no more than two feet per second and that it meets all
of the provisions of Sections 30-156(6)(c)2.a., b., c., d. and 30-156(7)(c)5. below.
3. Commercial Uses. Any commercial structure which is erected, altered or moved into the
floodfringe area shall meet the requirements of Section 30-156(7)(c)1.. Subject to the
requirements of sub. 6., storage yards, surface parking lots and other such uses may be
placed at lower elevations if an adequate warning system exists to protect life and property.
4. Manufacturing and Industrial Uses. Any manufacturing or industrial structure which is
erected, altered or moved into the floodfringe area shall be protected to the flood protection
elevation using fill, levees, floodwalls, or other flood proofing measures in Section 30-
156(10)(e). Subject to the requirements of sub. 5., storage yards, surface parking lots and
other such uses may be placed at lower elevations if an adequate warning system exists to
protect life and property.
5. Storage of Materials. Materials that are buoyant, flammable, explosive, or injurious to
property, water quality or human, animal, plant, fish or aquatic life shall be stored at or
above the flood protection elevation or floodproofed in compliance with Section 30-
156(10)(e). Adequate measures shall be taken to ensure that such materials will not enter the
water body during flooding.
6. Public Utilities, Streets and Bridges. All utilities, streets and bridges shall be designed to be
compatible with comprehensive floodplain development plans; and
a. When failure of public utilities, streets and bridges would endanger public health or
safety, or where such facilities are deemed essential, construction of and substantial
improvements to such facilities may only be permitted if they are floodproofed in
compliance with Section 30-156(10)(e)to the flood protection elevation;
b. Minor roads or nonessential utilities may be constructed at lower elevations if they are
designed to withstand flood forces to the regional flood elevation.
7. Sewage Systems. All on-site sewage disposal systems shall be floodproofed, pursuant to
Section 30-156(10)(e), to the flood protection elevation and shall meet the provisions of all
local Ordinances and Ch. COMM 83, Wis. Adm. Code.
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8. Wells. All wells shall be floodproofed, pursuant to Section 30-156(10)(e), to the flood
protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm.
Code.
9. Solid Waste Disposal Sites. Disposal of solid or hazardous waste is prohibited in floodfringe
areas.
10. Deposition of Materials. Any deposited material must meet all the provisions of this
Ordinance.
11. Manufactured Homes
a. Owners or operators of all manufactured home parks and subdivisions shall provide
adequate surface drainage to minimize flood damage, and prepare, secure approval and
file an evacuation plan, indicating vehicular access and escape routes, with local
emergency management authorities.
b. In existing manufactured home parks, all new homes, replacement homes on existing
pads, and substantially improved homes shall:
i. have the lowest floor elevated to the flood protection elevation; and
ii. be anchored so they do not float, collapse or move laterally during a flood.
c. Outside of existing manufactured home parks, including new manufactured home parks
and all single units outside of existing parks, all new, replacement and substantially
improved manufactured homes shall meet the residential development standards for the
floodfringe in Section 30-156(7)(c)1.
12. Mobile Recreational Vehicles. All mobile recreational vehicles that are on site for 180
consecutive days or more or are not fully licensed and ready for highway use shall meet the
elevation and anchoring requirements in Section 30-156(7)(c)11.b. and c. A mobile
recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick-disconnect utilities and security devices and has no
permanently attached additions.
(8) General Floodplain District (GFP)
(a) Applicability. The provisions for this district shall apply to all floodplains for which flood
profiles are not available or where flood profiles are available but floodways have not been
delineated. Floodway and floodfringe districts shall be delineated when adequate data is
available.
(b) Permitted Use. Pursuant to Section 30-156(8)(d), it shall be determined whether the proposed
use is located within a floodway or floodfringe area.
1. Those uses permitted in floodway (Section 30-156(6)(b)) and floodfringe areas (Section 30-
156(7)(b)) are allowed within the general floodplain district, according to the standards of
Section 30-156(8)(c), provided that all permits or certificates required under Section 30-
156(10)(a) have been issued.
(c) Standards for Development in the General Floodplain District. Section 30-156(6) applies to
floodway areas, Section 30-156(7) applies to floodfringe areas. The rest of this Ordinance
applies to either district.
(d) Determining Floodway and Floodfringe Limits. Upon receiving an application for development
within the general floodplain district, the zoning administrator shall:
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1. Require the applicant to submit two copies of an aerial photograph or a plan which shows
the proposed development with respect to the general floodplain district limits, stream
channel, and existing floodplain developments, along with a legal description of the
property, fill limits and elevations, building floor elevations and flood proofing measures;
2. Require the applicant to furnish any of the following information deemed necessary by the
Department to evaluate the effects of the proposal upon flood height and flood flows,
regional flood elevation and to determine floodway boundaries:
a. A typical valley cross-section showing the stream channel, the floodplain adjoining each
side of the channel, the cross-sectional area to be occupied by the proposed
development, and all historic high water information;
b. Plan (surface view) showing elevations or contours of the ground; pertinent structure,
fill or storage elevations; size, location and layout of all proposed and existing structures
on the site; location and elevations of streets, water supply, and sanitary facilities; soil
types and other pertinent information;
c. Profile showing the slope of the bottom of the channel or flow line of the stream;
d. Specifications for building construction and materials, floodproofing, filling, dredging,
channel improvement, storage, water supply and sanitary facilities.
3. Transmit one copy of the information described in pars. 1. and 2. to the Department
Regional office along with a written request for technical assistance to establish regional
flood elevations and, where applicable, floodway data. Where the provisions of Section 30-
156-(10)(a)2.c. apply, the applicant shall provide all required information and computations
to delineate floodway boundaries and the effects of the project on flood elevations.
(9) Nonconforming Uses.
(a) General
1. Applicability. If these standards conform with Section 62.23(7)(h), Stats., they shall apply to
all modifications or additions to any nonconforming use or structure and to the use of any
structure or premises which was lawful before the passage of this Ordinance or any
amendment thereto.
2. The existing lawful use of a structure or its accessory use which is not in conformity with the
provisions of this Ordinance may continue subject to the following conditions:
a. No modifications or additions to a nonconforming use or structure shall be permitted
unless they comply with this Ordinance. The words "modification" and "addition"
include, but are not limited to, any alteration, addition, modification, structural repair,
rebuilding or replacement of any such existing use, structure or accessory structure or
use. Ordinary maintenance repairs are not considered an extension, modification or
addition; these include painting, decorating, paneling and the replacement of doors,
windows and other nonstructural components and the maintenance, repair or
replacement of existing private sewage or water supply systems or connections to public
utilities. Ordinary maintenance repairs do not include any costs associated with the
repair of a damaged structure.
The construction of a deck that does not exceed 200 square feet and that is adjacent to
the exterior wall of a principal structure is not an extension, modification or addition.
The roof of the structure may extend over a portion of the deck in order to provide safe
ingress and egress to the principal structure.
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b. If a nonconforming use or the use of a nonconforming structure is discontinued for 12
consecutive months, it is no longer permitted and any future use of the property, and
any structure or building thereon, shall conform to the applicable requirements of this
Ordinance;
c. The municipality shall keep a record which lists all nonconforming uses and
nonconforming structures, their present equalized assessed value, the cost of all
modifications or additions which have been permitted, and the percentage of the
structure's total current value those modifications represent;
d. No modification or addition to any nonconforming structure or any structure with a
nonconforming use, which over the life of the structure would exceed 50% of its
present equalized assessed value, shall be allowed unless the entire structure is
permanently changed to a conforming structure with a conforming use in compliance
with the applicable requirements of this Ordinance. Contiguous dry land access must be
provided for residential and commercial uses in compliance with Section 30-156(7)(c)1..
The costs of elevating a nonconforming building or a building with a nonconforming
use to the flood protection elevation are excluded from the 50% provisions of this
paragraph;
e.
i. Except as provided in subd. 2., if any nonconforming structure or any structure with
a nonconforming use is destroyed or is substantially damaged, it cannot be replaced,
reconstructed or rebuilt unless the use and the structure meet the current Ordinance
requirements. A structure is considered substantially damaged if the total cost to
restore the structure to its pre-damaged condition exceeds 50% of the structure’s
present equalized assessed value.
ii. For nonconforming buildings that are damaged or destroyed by a nonflood disaster,
the repair or reconstruction of any such nonconforming building may be permitted
in order to restore it after the nonflood disaster, provided that the nonconforming
building will meet all of the minimum requirements under 44 CFR Part 60, or under
the regulations promulgated thereunder.
f. A nonconforming historic structure may be altered if the alteration will not preclude the
structures continued designation as a historic structure, the alteration will comply with
Section 30-156(6)(c)1., flood resistant materials are used, and construction practices and
floodproofing methods that comply with Section 30-156(10)(e) are used.
(b) Floodway Areas.
1. No modification or addition shall be allowed to any nonconforming structure or any
structure with a nonconforming use in a floodway area, unless such modification or addition:
a. Has been granted a permit or variance meeting all Ordinance requirements;
b. Meets the requirements of Section 30-156(9)(a);
c. Will not increase the obstruction to flood flows or regional flood height;
d. Any addition to the existing structure shall be floodproofed, pursuant to Section 30-
156(10)(e), by means other than the use of fill, to the flood protection elevation;
e. The portions of the structure located below the regional flood elevation must be
constructed of flood-resistant materials;
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f. It must be designed to allow for the automatic entry of floodwaters; and
g. Its use must be limited to parking and/or storage.
2. No new on-site sewage disposal system, or addition to an existing on-site sewage disposal
system, except where an addition has been ordered by a government agency to correct a
hazard to public health, shall be allowed in a floodway area. Any replacement, repair or
maintenance of an existing on-site sewage disposal system in a floodway area shall meet the
applicable requirements of all municipal ordinances and Ch. COMM 83, Wis. Adm. Code.
3. No new well or modification to an existing well used to obtain potable water shall be
allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a
floodway area shall meet the applicable requirements of all municipal ordinances and chs.
NR 811 and NR 812, Wis. Adm. Code.
(c) Floodfringe Areas
1. No modification or addition shall be allowed to any nonconforming structure or any
structure with a nonconforming use unless such modification or addition has been granted a
permit or variance by the municipality, and the modification or addition shall be placed on
fill or floodproofed to the flood protection elevation in compliance with the standards for
that particular use in Section 30-156(7)(c), except where Section 30-156(9)(c)2. is applicable.
2. Where compliance with the provisions of par. 1. would result in unnecessary hardship and
only where the structure will not be used for human habitation or be associated with a high
flood damage potential, the Board of Appeals, using the procedures established in Section
30-156(10)(c), may grant a variance from those provisions of par. 1. for modifications or
additions, using the criteria listed below. Modifications or additions which are protected to
elevations lower than the flood protection elevation may be permitted if:
a. No floor is allowed below the regional flood elevation for residential or commercial
structures;
b. Human lives are not endangered;
c. Public facilities, such as water or sewer, will not be installed;
d. Flood depths will not exceed two feet;
e. Flood velocities will not exceed two feet per second; and
f. The structure will not be used for storage of materials as described in Section 30-
156(7)(c)5.
3. If neither the provisions of par. 1. or 2. above can be met, one addition to an existing room
in a nonconforming building or a building with a nonconforming use may be allowed in the
floodfringe, if the addition:
a. Meets all other regulations and will be granted by permit or variance;
b. Does not exceed 60 square feet in area; and
c. In combination with other previous modifications or additions to the building, does not
exceed 50% of the present equalized assessed value of the building.
4. All new private sewage disposal systems, or addition to, replacement, repair or maintenance
of a private sewage disposal system shall meet all the applicable provisions of all local
ordinances and Ch. COMM 83, Wis. Adm. Code.
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5. All new wells, or addition to, replacement, repair or maintenance of a well shall meet the
applicable provisions of this Ordinance and Ch. NR 811 and NR 812, Wis. Adm. Code.
(10) Administration. Where a zoning administrator, planning agency or a board of appeals has already been
appointed to administer a Zoning Ordinance adopted under Section 62.23(7), Stats., these officials
shall also administer this Ordinance.
(a) Zoning Administrator
1. The zoning administrator is authorized to administer this Ordinance and shall have the
following duties and powers:
a. Advise applicants of the Ordinance provisions, assist in preparing permit applications
and appeals, and assure that the regional flood elevation for the proposed development
is shown on all permit applications.
b. Issue permits and inspect properties for compliance with provisions of this Ordinance,
and issue certificates of compliance where appropriate.
c. Inspect all damaged floodplain structures and perform a substantial damage assessment
to determine if substantial damage to the structures has occurred.
d. Keep records of all official actions such as:
i. All permits issued, inspections made, and work approved;
ii. Documentation of certified lowest floor and regional flood elevations for floodplain
development;
iii. Records of water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures including changes, appeals, variances and
amendments.
iv. All substantial damage assessment reports for floodplain structures.
e. Submit copies of the following items to the Department Regional office:
i. Within 10 days of the decision, a copy of any decisions on variances, appeals for
map or text interpretations, and map or text amendments;
ii. Copies of any case-by-case analyses, and any other information required by the
Department including an annual summary of the number and types of floodplain
zoning actions taken.
iii. Copies of substantial damage assessments performed and all related correspondence
concerning the assessments.
f. Investigate, prepare reports, and report violations of this ordinance to the municipal
zoning agency and attorney for prosecution. Copies of the reports shall also be sent to
the Department Regional office.
g. Submit copies of text and map amendments and biennial reports to the FEMA Regional
office.
2. Land Use Permit. A land use permit shall be obtained before any new development or any
repair or change in the use of a building or structure, including sewer and water facilities,
may be initiated. Application to the zoning administrator shall include:
a. General Information
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i. Name and address of the applicant, property owner and contractor;
ii. Legal description, proposed use, and whether it is new construction or a
modification;
b. Site Development Plan. A site plan drawn to scale shall be submitted with the permit
application form and shall contain:
i. Location, dimensions, area and elevation of the lot;
ii. Location of the ordinary highwater mark of any abutting navigable waterways;
iii. Location of any structures with distances measured from the lot lines and street
center lines;
iv. Location of any existing or proposed on-site sewage systems or private water supply
systems;
v. Location and elevation of existing or future access roads;
vi. Location of floodplain and floodway limits as determined from the official
floodplain zoning maps;
vii. The elevation of the lowest floor of proposed buildings and any fill using National
Geodetic and Vertical Datum (NGVD);
viii. Data sufficient to determine the regional flood elevation in NGVD at the location
of the development and to determine whether or not the requirements of Section
30-156(6) or 30-156(7) are met; and
ix. Data to determine if the proposed development will cause an obstruction to flow or
an increase in regional flood height or discharge according to Section 30-156(5)(a).
This may include any of the information noted in Section 30-156(6)(c)1.
c. Data Requirements To Analyze Developments
i. The applicant shall provide all survey data and computations required to show the
effects of the project on flood heights, velocities and floodplain storage, for all
subdivision proposals, as "subdivision" is defined in Chapter 236, Stats., and other
proposed developments exceeding 5 acres in area or where the estimated cost
exceeds $125,000. The applicant shall provide:
(i) An analysis of the effect of the development on the regional flood profile,
velocity of flow and floodplain storage capacity;
(ii) A map showing location and details of vehicular access to lands outside the
floodplain; and
(iii) A surface drainage plan showing how flood damage will be minimized.
(iv) (The estimated cost of the proposal shall include all structural development,
landscaping, access and road development, utilities, and other pertinent items,
but need not include land costs.
d. Expiration. All permits issued under the authority of this Ordinance shall expire 180
days after issuance.
3. Certificate of Compliance. No land shall be occupied or used, and no building which is
hereafter constructed, altered, added to, modified, repaired, rebuilt or replaced shall be
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-156: (FP-O) Floodplain Overlay Zoning District
Draft #6 175 July 22, 2016
occupied until a certificate of compliance is issued by the zoning administrator, except where
no permit is required, subject to the following provisions:
a. The certificate of compliance shall show that the building or premises or part thereof,
and the proposed use, conform to the provisions of this Ordinance;
b. Application for such certificate shall be concurrent with the application for a permit;
c. If all Ordinance provisions are met, the certificate of compliance shall be issued within
10 days after written notification that the permitted work is completed;
d. The applicant shall submit a certification signed by a registered professional engineer,
architect or land surveyor that the fill, lowest floor and floodproofing elevations are in
compliance with the permit issued. Floodproofing measures also require certification by
a registered professional engineer or architect that floodproofing measures meet the
requirements of Section 30-159(10)(e).
4. Other Permits. The applicant must secure all necessary permits from federal, state, and local
agencies, including those required by the U.S. Army Corps of Engineers under s. 404 of the
Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344.
(b) Zoning Agency
1. The Department of Community Development shall:
a. Oversee the functions of the office of the zoning administrator; and
b. Review and advise the governing body on all proposed amendments to this Ordinance,
maps and text.
2. This zoning agency shall not:
a. Grant variances to the terms of the Ordinance in place of action by the Board of
Appeals; or
b. Amend the text or zoning maps in place of official action by the governing body.
(c) Board of Appeals. The Board of Appeals, created under Section 62.23(7)(e), Stats., is hereby
authorized or shall be appointed to act for the purposes of this Ordinance. The Board shall
exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business.
The zoning administrator may not be the secretary of the Board.
1. Powers And Duties. The Board of Appeals shall:
a. Appeals: Hear and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by an administrative official in the
enforcement or administration of this Ordinance.
b. Boundary Disputes: Hear and decide disputes concerning the district boundaries shown
on the official floodplain zoning map.
c. Variances: Hear and decide, upon appeal, variances from the Ordinance standards.
2. Appeals To The Board
a. Appeals to the Board may be taken by any person aggrieved, or by any officer or
department of the municipality affected by any decision of the zoning administrator or
other administrative officer. Such appeal shall be taken within 30 days unless otherwise
provided by the rules of the Board, by filing with the official whose decision is in
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-156: (FP-O) Floodplain Overlay Zoning District
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question, and with the Board, a notice of appeal specifying the reasons for the appeal.
The official whose decision is in question shall transmit to the Board all records
regarding the matter appealed.
b. Notice And Hearing For Appeals Including Variances
i. Notice: The Board shall:
(i) Fix a reasonable time for the hearing;
(ii) Publish adequate notice pursuant to Wisconsin Statutes, specifying the date,
time, place and subject of the hearing;
(iii) Assure that notice shall be mailed to the parties in interest and the
Department Regional office at least 10 days in advance of the hearing.
ii. Hearing: Any party may appear in person or by agent. The board shall:
(i) Resolve boundary disputes according to Section 30-156(10)(c)3.
(ii) Decide variance applications according to Section 30-156(10)(c)4.
(iii) Decide appeals of permit denials according to Section 30-156(10)(d).
c. Decision. The final decision regarding the appeal or variance application shall:
i. Be made within a reasonable time;
ii. Be sent to the Department Regional office within 10 days of the decision;
iii. Be a written determination signed by the chairman or secretary of the Board;
iv. State the specific facts which are the basis for the Board's decision;
v. Either affirm, reverse, vary or modify the order, requirement, decision or
determination appealed, in whole or in part, dismiss the appeal for lack of
jurisdiction or grant or deny the variance application;
vi. Include the reasons for granting an appeal, describing the hardship demonstrated by
the applicant in the case of a variance, clearly stated in the recorded minutes of the
Board proceedings.
3. Boundary Disputes. The following procedure shall be used by the Board in hearing disputes
concerning floodplain district boundaries:
a. If a floodplain district boundary is established by approximate or detailed floodplain
studies, the flood elevations or profiles shall prevail in locating the boundary. If none
exist, other evidence may be examined.
b. In all cases, the person contesting the boundary location shall be given a reasonable
opportunity to present arguments and technical evidence to the Board.
c. If the boundary is incorrectly mapped, the Board should inform the zoning committee
or the person contesting the boundary location to petition the governing body for a map
amendment according to Section 30-156(11).
4. Variance
a. The Board may, upon appeal, grant a variance from the standards of this Ordinance if
an applicant convincingly demonstrates that:
i. Literal enforcement of the Ordinance provisions will cause unnecessary hardship;
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-156: (FP-O) Floodplain Overlay Zoning District
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ii. The hardship is due to adoption of the Floodplain Ordinance and unique property
conditions, not common to adjacent lots or premises. In such case the Ordinance
or map must be amended;
iii. The variance is not contrary to the public interest; and
iv. The variance is consistent with the purpose of this Ordinance in Section 30-
156(2)(c).
b. In addition to the criteria in par. a., to qualify for a variance under FEMA regulations,
the following criteria must be met:
i. The variance may not cause any increase in the regional flood elevation;
ii. Variances can only be granted for lots that are less than one-half acre and are
contiguous to existing structures constructed below the RFE;
iii. Variances shall only be granted upon a showing of good and sufficient cause, shall
be the minimum relief necessary, shall not cause increased risks to public safety or
nuisances, shall not increase costs for rescue and relief efforts and shall not be
contrary to the purpose of the Ordinance.
c. A variance shall not:
i. Grant, extend or increase any use prohibited in the zoning district.
ii. Be granted for a hardship based solely on an economic gain or loss.
iii. Be granted for a hardship which is self-created.
iv. Damage the rights or property values of other persons in the area.
v. Allow actions without the amendments to this Ordinance or map(s) required in
Section 30-156(11)(a).
vi. Allow any alteration of an historic structure, including its use, which would preclude
its continued designation as an historic structure.
d. When a floodplain variance is granted the Board shall notify the applicant in writing that
it may increase flood insurance premiums and risks to life and property. A copy shall be
maintained with the variance record.
(d) To Review Appeals of Permit Denials.
1. The Zoning Agency (Section 30-156(10)(b)) or Board (Section 30-156(10)(c)) shall review all
data related to the appeal. This may include:
a. Permit application data listed in Section 30-156(10)(a)2.
b. Floodway/floodfringe determination data in Section 30-156(8)(d).
c. Data listed in Section 30-156(6)(c)1.b.ii where the applicant has not submitted this
information to the zoning administrator.
d. Other data submitted with the application, or submitted to the Board with the appeal.
2. For appeals of all denied permits the Board shall:
a. Follow the procedures of Section 30-156(10)(c);
b. Consider zoning agency recommendations; and
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-156: (FP-O) Floodplain Overlay Zoning District
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c. Either uphold the denial or grant the appeal.
3. For appeals concerning increases in regional flood elevation the Board shall:
a. Uphold the denial where the Board agrees with the data showing an increase in flood
elevation. Increases equal to or greater than 0.01 foot may only be allowed after
amending the flood profile and map and all appropriate legal arrangements are made
with all adversely affected property owners.
b. Grant the appeal where the Board agrees that the data properly demonstrates that the
project does not cause an increase equal to or greater than 0.01 foot provided no other
reasons for denial exist.
(e) Floodproofing
1. No permit or variance shall be issued until the applicant submits a plan certified by a
registered professional engineer or architect that the floodproofing measures will protect the
structure or development to the flood protection elevation.
2. Floodproofing measures shall be designed to:
a. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional
flood factors;
b. Protect structures to the flood protection elevation;
c. Anchor structures to foundations to resist flotation and lateral movement; and
d. Insure that structural walls and floors are watertight to the flood protection elevation,
and the interior remains completely dry during flooding without human intervention.
3. Floodproofing measures could include:
a. Reinforcing walls and floors to resist rupture or collapse caused by water pressure or
floating debris.
b. Adding mass or weight to prevent flotation.
c. Placing essential utilities above the flood protection elevation.
d. Installing surface or subsurface drainage systems to relieve foundation wall and
basement floor pressures.
e. Constructing water supply wells and waste treatment systems to prevent the entry of
flood waters.
f. Putting cutoff valves on sewer lines or eliminating gravity flow basement drains.
(f) Public Information
1. Place marks on structures to show the depth of inundation during the regional flood.
2. All maps, engineering data and regulations shall be available and widely distributed.
3. All real estate transfers should show what floodplain zoning district any real property is in.
(11) Amendments
(a) General. The governing body may change or supplement the floodplain zoning district
boundaries and this Ordinance in the manner provided by law. Actions which require an
amendment include, but are not limited to, the following:
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-157: (LR-O) Lakefront Residential Overlay District
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1. Any change to the official floodplain zoning map, including the floodway line or boundary
of any floodplain area.
2. Correction of discrepancies between the water surface profiles and floodplain zoning maps.
3. Any fill in the floodplain which raises the elevation of the filled area to a height at or above
the flood protection elevation and is contiguous to land lying outside the floodplain.
4. Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01
foot or more.
5. Any upgrade to a floodplain Zoning Ordinance text required by s. NR 116.05, Wis. Adm.
Code, or otherwise required by law, or for changes by the municipality.
6. All channel relocations and changes to the maps to alter floodway lines or to remove an area
from the floodway or the floodfringe that is based on a base flood elevation from a FIRM
requires prior approval by FEMA.
(b) Procedures. Ordinance amendments may be made upon petition of any interested party
according to the provisions of Section 62.23, Stats. Such petitions shall include all necessary data
required by Section 30-156(8)(d) and 30-156(10)(a)2.
1. The proposed amendment shall be referred to the zoning agency for a public hearing and
recommendation to the governing body. The amendment and notice of public hearing shall
be submitted to the Department Regional office for review prior to the hearing. The
amendment procedure shall comply with the provisions of Section 62.23, Stats.
2. No amendments shall become effective until reviewed and approved by the Department.
3. All persons petitioning for a map amendment that obstructs flow, increasing regional flood
height 0.01 foot or more, shall obtain flooding easements or other appropriate legal
arrangements from all adversely affected property owners and notify local units of
government before the amendment can be approved by the governing body.
4. For amendments in areas with no water surface profiles, the zoning agency or board shall
consider data submitted by the Department, the zoning administrator's visual on-site
inspections and other available information. (See Section 30-156(4)(d))
(12) Enforcement and Penalties. Any violation of the provisions of this Ordinance by any person shall be
unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such
violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $75.00
and not more than $500.00 together with a taxable cost of such action. Each day of continued
violation shall constitute a separate offense. Every violation of this Ordinance is a public nuisance and
the creation may be enjoined and the maintenance may be abated by action at suit of the municipality,
the state, or any citizen thereof pursuant to Section 87.30, Stats.
Section 30-157: (LR-O) Lakefront Residential Overlay District
(1) Intent. The purpose of this overlay district is to accommodate residences located along Lake Winnebago
and Lake Butte des Morts that have unique conditions based on their relationship to the lake frontage. This
district is intended to relate to the irregular composition of parcels and ownership relationships found in
such areas.
(2) Permitted Uses.
(a) Principal Uses and Structures: Refer to the underlying zoning district.
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-157: (LR-O) Lakefront Residential Overlay District
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(b) Accessory Structures: All accessory structures are prohibited in the waterfront yard, except for
boathouses, detached decks and patios, gazebos, and water-related structures, as determined by the
Director of Community Development, or designee. All accessory structures are prohibited in the
street yard, except for garages. All other permitted accessory structures shall be located in the side
yard.
1. Regulations for Boathouses.
a. One boathouse shall be permitted when located on the same lot as the principal structure.
b. The maximum floor area of a boathouse shall not exceed 500 square feet.
(c) All Other Accessory Uses: Refer to the underlying zoning district and bulk tables under Subsection
(5), below.
(3) Waterfront lots have a waterfront yard, a street yard, and a side yard. Waterfront lots have no rear yard or
front yard.
(4) Where the requirements of the Shoreland Zoning Overlay District (Section 30-160) or Floodplain Zoning
Overlay District (Section 30-156) supersede these requirements, the Shoreland Zoning Overlay District or
Floodplain Zoning Overlay District shall prevail.
(5) Density, Intensity, and Bulk Regulations for the (LR-O) Lakefront Residential Overlay District.
(a) The following special standards shall apply all properties in the LR-O district. These standards shall
only apply when the special standard differs from the standards of the underlying zoning district. In
all other respects, the standards set forth for the underlying zoning district apply.
Principal Structures
Minimum Waterfront Setback 25 feet
Minimum Street Setback 25 feet
Minimum Side Setback 5 feet
Garages Located in Street Yards
Minimum Street Setback 15 feet
Minimum Side Setback 3 feet
Minimum Distance from Principal Structures 3 feet
Accessory Buildings Located in Side Yards
Minimum Street Setback
Meet the minimum setback of the existing
structure or the required setback for
principal structures, whichever is less.
Minimum Side Setback 3 feet
Minimum Distance from Principal Structures 3 feet
Accessory Buildings Located in Waterfront Yards
(Boathouses, detached decks and patios, gazebos, and water-related structures only)
Minimum Waterfront Setback 3 feet
Minimum Side Setback 3 feet
Minimum Distance from Principal Structures 3 feet
(6) Landscaping/Screening Plan.
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-158: (PD-O) Planned Development Overlay District
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(a) Where reduced setbacks apply to principal or accessory structures, (i.e. structures are built to a
setback that would not be permitted in the underlying zoning district), such structures shall be
buffered from structures on adjacent properties using landscaping/screening. Permitted types of
landscaping/screening may include, but are not limited to, fencing, shrubbery, or both.
(b) The property owner shall submit a landscaping/screening plan at the time of permit application.
(7) Garage Lots. A garage lot is a lot that does not contain a principal structure and which is located
directly across the street or alley from a lot containing a principal residential structure. Typically, garage
lots contain a garage or other accessory structure and are under the same ownership as the lot
containing the principal residential structure.
(a) Principal uses shall not be permitted on garage lots.
(b) No more than one accessory structure shall be permitted on a garage lot.
(c) Deed Restriction. Prior the issuance of a building permit, the garage lot and existing related
residential lot shall be deed restricted so as to treat use and transfer of ownership of the two lots
as one parcel.
(d) Bulk Regulations for Accessory Structures on Garage Lots.
Accessory Structures on Garage Lots
Required Lot Location
Align directly across the street or alley from
the associated lot containing the principal
residential structure
Minimum Lot Area 1,500 square feet
Minimum Lot Width 30 feet
Maximum Height Lesser of 18 feet or 1 story
Maximum Structure Area 800 square feet
Minimum Front Setback 15 feet
Minimum Side Setback 3 feet
Minimum Rear Setback 3 feet
Section 30-158: (PD-O) Planned Development Overlay District
(1) Purpose. The purpose of this overlay district is to provide for the possible relaxation of certain
development standards pertaining to the underlying standard zoning district. In exchange for such
flexibility, it is anticipated that development within a Planned Development Overlay District will
reflect the City’s planning policies as set forth in the City’s Comprehensive Plan and offer one or more
of the following advantages:
(a) Positively contribute to the appearance and function of land uses and site design in the area
(b) Promote a greater level of architectural quality and be compatible with other structures in the
area
(c) Conserve and protect environmentally sensitive areas, areas of natural beauty, and natural green
spaces
(d) Preserve the cultural and historic character and significance of existing structures or areas
(e) Provide substantial buffers and transitions between different land uses and densities
(f) Reduce congestion on streets and improve pedestrian and bicycle circulation
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-158: (PD-O) Planned Development Overlay District
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(2) Intent. Planned developments are intended to encourage, promote, and provide improved
environmental design by allowing for greater freedom, imagination, and flexibility in the development
of land, while ensuring substantial compliance with the basic intent of this Chapter and the City of
Oshkosh Comprehensive Plan. To this end, planned developments allow diversification and variation
in the relationship of uses, structures, open spaces, and heights of structures in developments
conceived and implemented as comprehensive and cohesive unified projects. The Planned
Development Overlay District shall allow development to be designed, reviewed, approved,
constructed, and managed as approved by the Common Council rather than required by the underlying
zoning district.
(a) The City may permit flexibility in the types of uses, area and yard requirements, off-street
parking, and/or other regulations set forth in this Chapter by use of exceptions/base standard
modifications subject to the demonstration of their appropriateness for the area under
consideration.
(b) It is not intended that the City will automatically grant exceptions/base standard modifications in
a Planned Development Overlay District, and it is expected the City will grant only such
exceptions when they are consistent and comparable with benefits to the community that result
from the Planned Development.
(c) The City may require, as conditions of approval, any reasonable stipulation, limitation, or design
factor which will promote suitable development in the Planned Development Overlay District.
(3) Applicability. Areas that may be deemed appropriate for a Planned Development Overlay District
include, but are not limited to:
(a) Transitional areas that involve locations with a mix of different land uses where new
development is proposed in an area of preexisting uses and buildings
(b) Infill areas located in a developed area that involve parcels that may have been bypassed during
the normal course of urbanization or that have been cleared
(c) Redevelopment areas where first or subsequent uses and/or structures are to be replaced by new
uses and/or structures
(d) Special areas that include locations that are considered community gateways or entryway
corridors and those areas identified as special planning areas in the City’s Comprehensive Plan
(e) Development areas where base zoning standards may not be appropriate and/or needed, and
where the developer and community will benefit from a greater level of flexibility in land use and
bulk controls
(4) See Section 30-387 for the process to establish Planned Development Zoning.
(5) See Section 30-387(3)(c) through (d) for the General Development Plan and Specific Implementation
Plan requirements.
(6) Planned Developments are exempt from the requirements of Section 30-171 Group and Large
Developments.
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-159: (RF-O) Riverfront Overlay Zoning District
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Section 30-159: (RF-O) Riverfront Overlay Zoning District
(1) Purpose. The purpose of this overlay district is to improve the quality of development along the
riverfront by applying enhanced building design standards and land use regulations in the area defined
by the mapped boundaries of the Riverfront Overlay District.
(2) Land Use Regulations. Refer to the underlying zoning district.
(3) See Section 30-245(2) for exterior building design standards applicable to the Riverfront Overlay
District.
Section 30-160: (SL-O) Shoreland Overlay Zoning District
Section 30-160.1: Statutory Authorization and Statement of Purpose
(1) Statutory Authorization. This ordinance is adopted pursuant to the authorization in Wis. Stat. sec.
62.23 and 62.233.
(2) Purpose. Uncontrolled use of shorelands and pollution of the navigable waters of the City of Oshkosh
may adversely affect the public health, safety, convenience, and general welfare and impair the tax base.
The Legislature of Wisconsin has delegated responsibility to all municipalities to:
(a) Promote the public health, safety, convenience and general welfare.
(b) Limit certain land use activities detrimental to shorelands.
(c) Preserve shore cover and natural beauty by controlling the location of structures in shoreland
areas and restricting the removal of natural shoreland vegetation.
Section 30-160.2: Definitions
For the purpose of this ordinance:
(1) “Structure” means anything constructed or erected, the use of which requires permanent or temporary
location on the ground including but not limited to any building, signage, deck, patio, driveway,
parking facility, fence, retaining wall, or other improvement. A structure also includes any permanent
or temporary appurtenance attached thereto.
(2) “Principal Structure” means the main building or structure on a lot or parcel of land intended for the
property’s primary use, as permitted by the regulations of the zoning district in which it is located.
Principal structures include any attachments including but not limited to garage(s), porches and decks.
(3) “Accessory Structure” means an uninhabited structure on the same property as a principal structure,
not attached to the principal structure, the use of which is incidental to and customary in conjunction
with the use of the principal structure. Accessory structures include but are not limited to
outbuildings, signage, decks and patios which are not open on all sides (have side walls or screens),
driveways, parking facilities, or other similar improvements as determined by the Director of
Community Development.
(4) “Boathouse” means any permanent accessory structure designed for the purpose of protecting or
storing boats and/or related equipment for noncommercial purposes.
(5) “Subordinate Structure” means an uninhabited structure on the same property as a principal structure,
not attached to the principal structure, the use of which is incidental to and customary in conjunction
with the use of the principal structure of the property and is primarily a recreational, landscape or
access feature. Subordinate structures include but are not limited to at-grade patios & decks which are
open on all sides (no side walls or screens), fencing and retaining walls, landscape features (such as
planting beds, flag poles, bird feeders, etc.), outdoor recreational equipment (such as pools, play sets,
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-160: (SL-O) Shoreland Overlay Zoning District
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fire pits, etc.), temporary fixtures (not permanently affixed to the ground that are in place less than 90
calendar days per year), and similar improvements as determined by the Director of Community
Development.
(6) “Shoreland” has the meaning given in Wis. Stat. sec. 59.692(1)(b): the area within the following
distances from the ordinary high-water mark of navigable waters:
(a) One thousand feet from a lake, pond or flowage. If the navigable water is a glacial pothole lake,
this distance shall be measured from the high-water mark of the lake or to the landward side of
the floodplain, whichever distance is greater.
(b) Three hundred feet from a river or stream or to the landward side of the floodplain, whichever
distance is greater.
(7) “Shoreland Setback Area” has the meaning given in Wis. Stat. sec. 59.692(1)(bn): an area in a
shoreland that is within a certain distance of the ordinary high-water mark in which the construction or
placement of structures has been limited or prohibited under an ordinance enacted under this section.
Section 30-160.3: Uses
(1) Permitted Uses. Uses permitted within the underlying zoning district for which the Shoreland Overlay
District is located.
(2) Conditional Uses
(a) Uses permitted by conditional use permit within the underlying zoning district for which the
Shoreland Overlay District is located.
(b) Roads, paths and trails.
(c) Filling, grading, lagooning, dredging, ditching and excavating except as provided below:
1. Only filling, grading, lagooning, dredging, ditching and excavating may be permitted by
administrative approval if done to minimize erosion, sedimentation and impairment of fish
and wildlife habitat as determined by the City of Oshkosh.
2. Filling or grading may be permitted by administrative approval where the fill area is less than
50% of the square footage of the lot provided the following are met:
a. Maximum height, as measured from the existing ground elevation at the point of
placement, is limited to 3 feet. Limited areas of bank stabilization, backfilling behind rip
rap, “pothole filling” or similar measures may exceed this height limitation.
b. Surface water runoff after fill does not adversely affect upstream or downstream
properties.
c. Fill is setback one foot from the property line, unless both properties are being filled at
the same time.
3. Dredging, ditching or excavating that does not adversely affect drainage either upstream or
downstream and disposition of materials is in compliance with section (b) above.
Section 30-160.4: General Provisions
(1) Compliance .The use of land within the shoreland area of the City of Oshkosh shall be in full
compliance with terms of this ordinance and other applicable local, state and federal regulations. All
permitted development shall require the approval of a zoning site plan review, unless otherwise
expressly excluded by a provision in this ordinance.
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-160: (SL-O) Shoreland Overlay Zoning District
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(2) Municipalities and State Agencies Regulated. Unless specifically exempted by law, all cities, villages,
towns, and counties are required to comply with this ordinance and obtain all necessary permits. State
agencies are required to comply if Wis. Stat. sec. 13.48(13) applies.
(3) Abrogation and Greater Restrictions
(a) This ordinance supersedes all the provisions of any other applicable municipal ordinance except
that where another ordinance is more restrictive, that ordinance shall continue in full force and
effect to the extent of the greater restrictions, but not otherwise.
(b) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions,
covenants, or easements. However, where this ordinance imposes greater restrictions, the
provisions of this ordinance shall prevail.
(4) Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to
be minimum requirements and shall be liberally construed in favor of the City of Oshkosh and shall
not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or
Wisconsin Constitution.
(5) Severability. Should any portion of this ordinance be declared invalid or unconstitutional by a court of
competent jurisdiction, the remainder of this ordinance shall not be affected.
(6) Applicability of Shoreland District Regulations. The Shoreland Overlay District regulations apply only
to the following shorelands:
(a) A shoreland that was annexed by the City of Oshkosh after May 7, 1982, and that prior to
annexation was subject to a county shoreland zoning ordinance under Wis. Stat. sec. 59.692.
(7) District Boundaries. The Shoreland District areas regulated by this ordinance shall include all the lands
(referred to herein as shorelands) in the City of Oshkosh that are:
(a) Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds or flowages. Lakes,
ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin
Department of Natural Resources Surface Water Data viewer available on the DNR website, or
are shown on United States Geological Survey quadrangle maps or other zoning base maps.
(b) Within 300 feet of the ordinary highwater mark of navigable rivers or streams, or to the landward
side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be
navigable if they are designated as continuous waterways or intermittent waterways on United
States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate
maps, flood boundary-floodway maps, soil survey maps or other existing floodplain zoning maps
shall be used to delineate floodplain areas.
(c) Determinations of navigability and ordinary highwater mark location shall initially be made by
the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the
appropriate district office of the Wisconsin Department of Natural Resources for a final
determination of navigability and/or ordinary highwater mark.
(d) Pursuant to Wis. Stat. sec. 61.353(7) or 62.233, the Shoreland Zoning District does not include
lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the
drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable
water body.
(8) Effect of Existing Land Division, Sanitary, Zoning and Other Regulations. The lands within the
Shoreland Zoning District are subject to all applicable provisions of the City of Oshkosh Municipal
Code. Where the provisions of this ordinance are more restrictive than other regulations in the
Municipal Code, the provisions of this ordinance shall apply.
City of Oshkosh Zoning Ordinance Article VI: Overlay Zoning Districts
Section 30-160: (SL-O) Shoreland Overlay Zoning District
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Section 30-160.5: Setbacks from the Ordinary High Water Mark
(1) Setbacks for Structures (other than Boathouses and Subordinate Structures)
(a) All structures, except boathouses and subordinate structures shall be set back at least 50 feet
from the ordinary high-water mark.
(b) Adjustment of Shore Yards. A setback greater or less than 50 feet may be required or allowed, if
the following apply:
1. The principal structure is constructed on a lot or parcel immediately adjacent on each side by
a lot or parcel containing a principal structure.
2. The principal structure must be constructed a distance greater than or equal to the average
setback of the principal buildings on the adjacent lots, however:
a. In no case shall the setback be reduced to a distance less than 35 feet from the ordinary
high-water mark.
b. In no case shall the setback be required to be a distance greater than 75 feet from the
ordinary high-water mark.
(2) Boathouses
(a) Boathouses, accessory to permitted and conditional uses may be located within the shoreyard,
but:
1. Shall not be closer than 3 feet to the ordinary high water mark of a stream, lake, river, pond,
or wetland and no closer than 3 feet to any side lot line
2. Shall not exceed 1 boathouse per shoreyard lot
3. Shall not exceed 500 square feet in horizontal area covered
4. Shall be constructed in such a manner as to orient the main opening of the boathouse
toward the body of water and shall be used strictly for the storage of boats and/or water-
related recreational accessories. The use of a boathouse for human habitation is prohibited.
No plumbing, heating or cooking facilities may be provided in or for a boathouse.
5. Shall not be located in the vegetative buffer zone regulated in Section. 30-160.6.
(3) Subordinate Structures
(a) Stairs, ramps and walkways, sized at the minimum necessary for accessibility, are permitted
within the shoreland setback when leading in a direct manner to the waterline or a water
dependent use such as a dock, pier or boathouse.
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(b) A reduced setback of 35 feet may be provided for subordinate structures, if:
1. The area for all such structures totals no more than 200 square feet
2. A vegetative buffer is maintained and/or established per Section 30-160.6 below.
Section 30-160.6: Vegetative Buffer Zone
Pursuant to Wis. Stat. sec. 62.233, a landowner must maintain a vegetative buffer zone, as follows:
(1) A person who owns shoreland property that contains vegetation must maintain that vegetation in a
vegetative buffer zone along the entire shoreline of the property extending 35 feet inland from the
ordinary high-water mark of the navigable water, except as provided in Subsection (2) or (3) below.
(2) If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation,
the owner of the shoreland property shall remove the invasive, dead or diseased vegetation and replace
it with suitable native shoreland vegetation, as determined by the Director of Community
Development.
(3) A person who is required to maintain or establish a vegetative
buffer zone may remove the vegetation in a part of that zone
in order to establish a viewing or access corridor that is no
greater than 30 feet wide for every 100 feet of shoreline
frontage and extends no more than 35 feet inland from the
ordinary high-water mark (see figure). Such viewing or access
corridor shall not be located within 10 feet of a side property
line.
(a) Said vegetative buffer shall include native plant materials
approved by the Director of Community Development,
with the intent of:
1. Reducing the flow of effluent, sediments, and
nutrients from the shoreland to the water surface.
2. Preventing or abating soil erosion.
3. Preserving natural beauty and animal habitat.
4. Providing substantial visual screening of structures
from the water.
Section 30-161: (TND-O) Traditional Neighborhood Overlay Zoning District
(1) Purpose.
(a) Traditional Neighborhood Overlay Districts are established to foster strong, vibrant traditional
neighborhoods that consist of well-maintained historic homes and well-designed, architecturally
compatible new residential construction. Such districts are to be applied in neighborhoods with
homes and residences mostly constructed before 1950.
(b) Therefore, the purpose of the Traditional Neighborhood Overlay District is to implement
minimum design standards intended to maintain the unique architectural qualities and features of
Oshkosh’s older traditional homes; ensure coordinated, compatible design between existing and
new homes; minimize adverse impacts on adjacent properties from buildings that may detract
from the character and appearance of the district as a whole; and, create strong neighborhood
identities and cohesive design through historic home preservation and well-designed, high quality
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new construction and site design. New residential construction shall be compatible in character
with homes in the immediate vicinity, considering scale, style and materials. The Overlay District
also seeks to stabilize and increase neighborhood property values and instill a sense of "pride of
place" among residents and property owners.
(2) Overlay Location
(a) Areas that may be deemed suitable and appropriate for a Traditional Neighborhood Overlay
District shall:
1. Include a grouping of single and/or two-family homes generally constructed prior to 1950
that retain traditional character of their building styles including, but not limited to, Greek
Revival (1830-1850), Gothic Revival (1850-1895), Italianate (1856-1885), Mansard or French
Second Empire (1860-1880), Stick (1870-1890), Queen Ann Revival (1880-1900), Shingle
Style (1885-1902), Richardsonian Romanesque (1880-1900), Prairie School (1900-1920),
Craftsman (1900-1920), American Foursquare (1900-1920), Bungalow (1900-1940), Tudor
Revival (1920s), Colonial Revival (1920-1940), Georgian Revival (1900-1930), and
Mediterranean (1920s).
2. The Traditional Neighborhood Overlay District is not intended to be applied to areas where
there is no established architectural character or where the areas building character has been
so substantially altered by modern development (post 1950s) or redevelopment (i.e. housing
stock that has been significantly altered from its original design or has deteriorated to an
extent that the styles are no longer identifiable)
3. Consist of a minimum area of not less than a
block face (both sides of the street) from
intersecting street to intersecting street. Once the
minimum area is established, additional properties
may be added as deemed appropriate.
(3) Administration and Enforcement. The Director of
Community Development, or designee, shall serve as the
Administrator of this Overlay Code. The Administrator shall
enforce the provisions of this Code. A Traditional
Neighborhood Overlay District may be adopted through a
zoning map amendment as a standard overlay district of
itself or the overlay district can be used as a model code as a
base for the development of a hybrid/modified design
standard overlay through the adoption of a Planned
Development Overlay District.
(a) Adoption Process.
1. Upon receipt of a request to consider application of the Traditional Neighborhood Overlay
District or Planned Development Overlay District to an area of the city, an informal review
of the area of the proposed overlay will be conducted by the Department of Community
Development and if deemed appropriate, a zoning map amendment request and formal
review shall be forwarded to the Plan Commission and Common Council for consideration
and action.
2. The Plan Commission shall review a request for the overlay designation and make a report
and recommendation of denial, approval, or approval with modifications it may deem
appropriate to the Common Council. The Common Council shall act to deny, approve, or
Block face from intersecting street to intersecting street
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approve with modifications any request for the overlay designation before them for
consideration.
(b) Exceptions and Appeals
1. Exceptions. Exceptions to the building
architectural standards set forth in this
Section may be granted by the Director of
Community Development, or designee, to
permit substitute building materials or
construction methods of comparative quality
or design when it can be demonstrated that
the provisions of this Section are infeasible
and that the granting of such exception is in
keeping with the spirit and intent of this
Section. Decisions rendered by the Director
of Community Development or designee may
be appealed to the Plan Commission.
2. Appeals. The Plan Commission is authorized
to grant variances from the strict application
of the standards within the Overlay and an
application for an appeal may be made to the Plan Commission when it is claimed that the
intent of the standards in the Overlay have been incorrectly interpreted; do not apply; or
their enforcement cause unnecessary hardship.
(4) Existing Buildings: Windows and Doors
(a) Purpose. The purpose of this section is to manage design changes to the windows and doors of
existing traditional residential homes in overlay districts established by this Section. Along with
their primary function of providing adequate light, ventilation and access to a home’s interior,
windows and doors contribute significantly to a house’s overall visual proportions, and image
and appearance. Original windows and doors shall be maintained wherever appropriate and
technically feasible. New windows and doors shall also be visually and functionally compatible
with the home’s architectural style and other character-defining features.
(b) Applicability to Existing Buildings – The regulations contained in this section of the Overlay
Code shall be applicable to changes to existing buildings front or side facade wall surface. In
order to ensure that major changes and additions to existing buildings are compatible with the
surrounding neighborhood, any change or addition within these districts after the effective date
of the Overlay shall be subject to the regulations contained in this section.
(c) Definitions.
1. Windows. For the purposes of this overlay code, windows are defined as wall openings
fitted with a frame and glass to admit light and air into a building’s interior. Windows are
located primarily along a home’s surface wall openings and in dormers, and include features
such as frames, sills, jambs, sashes, muntins and glazing panes (lights). Other features may
include casing trim and crown moldings, and decorative wood or stone hoods and lintels.
Window types include but are not limited to double or triple hung, sliding, fixed and
casement. Exterior shutters are not considered an integral element of a window.
Elements of a typical double-hung window
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2. Doors. For the purposes
of this overlay code, doors
are defined as a movable
partition or barrier to a
house entrance and hinged
to one wall. Doors may be
single or double depending
on the doorway opening
and configuration. Typical
door and doorway
entrance features include
the door, frame, threshold, transoms, sidelights, and any decorative surround casing or
molding. The door itself may be full paneled with no glazing panes (lights), half or
quartered-paneled with lights, or fully lighted. A door may also be accompanied with storm
door that may be constructed in wood, metal, fiberglass, polyvinyl chloride (PVC), high
density polyurethane (HDPE) or wood composite. Storm doors are typically half or fully
glazed or screened.
3. Front and Side Yard Elevations. A front elevation is defined as the house wall/facade facing
a street. A corner side yard elevation is defined as a side or secondary elevation that faces a
street and an interior side yard elevation is defined a
secondary elevation facing an internal lot line.
4. Primary House Entrance. A primary house entrance is
defined as the main entrance located on a front or
corner side elevation that is visible from the public
right-of-way and originally designed for day-to-day
ingress and egress.
(d) Windows
1. Window Casings, Trim Work, and Crown Moldings.
Casing, trim work, sills, and crown moldings around
windows and doorways are significant character-
defining and decorative features for traditional homes.
They may also provide certain structural functions and
protect against water and weather infiltration around
windows. The loss of such features can have
considerable impact on a home’s visual appearance and
functional operation.
a. Existing Trim Work. Windows casings, sills, trim
work and crown moldings original to the house
and existing on front or side facades/elevations
shall be repaired and not be removed and replaced
unless there is evidence of missing trim work
and/or they are significantly deteriorated and
beyond feasible repair. Significant deterioration is
defined as extensive and substantial cracks, holes
and rot that have compromised the trim work’s or crown molding’s integrity. All casing
and trim work shall be maintained by filling all cracks and holes and repainting when
necessary.
Traditional entrance door (left) and
storm door with full glazing (right)
Primary house entrance location
Existing trim work and casings shall be
maintained whenever feasible
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b. Replacement Trim Work. For windows on the front or side facades/elevations,
replacement trim shall ideally be made of the same materials as the original trim work.
Therefore, wood trim shall be replaced by new wood trim wherever appropriate.
Substitute materials may include fiber-cement, vinyl, laminated veneer lumber,
hardboard, high density polyurethane (HDPE) and other plastic-wood products. The
size (width and height) and profile of the replacement trim shall match the size and
profile of the original trim work where feasible. If no original trim work remains intact,
the size and profile of new trim work shall be compatible with other trim work found on
the house or the house’s overall architectural style and visual appearance. If all trim
work and casing are to be replaced, replacements that are consistent in details/type shall
be used for all windows.
c. Window Sills. Window sills shall only be replaced if there is evidence of significant
deterioration. A wood window sill is considered in deteriorated condition if it has
extensive cracks, holes and decay, and is not sloped away from the building to shed
water. Replacement window sills shall be replaced with similar or other compatible
materials and have a drip on the bottom that prevents water from entering the building
under the window assembly. If all window sills are to be replaced, new replacement sills
shall be used for all windows.
2. Existing Windows. Existing windows on front or side facades/elevations shall be maintained
whenever feasible and not replaced unless there is evidence of significant deterioration or
cannot be feasibly repaired. Significant deterioration is defined as extensive cracks or
material rot in window jambs, rails and muntins. Missing window hardware will not be
considered in assessing a window’s condition.
3. Window Replacement. A replacement window on a front or side facades/elevations shall use
the existing window opening and match the original window’s height to width dimensions
wherever feasible. A 5 to 10 percent variation in the height-to-width proportion is allowed if
standard sized replacement windows cannot fit into an existing window opening.
a. Replacement Window Style and Placement
Patterns. A replacement window’s style refers to
the window’s operation and framing (i.e., one over
one, double-hung), materials and glazing (lighting)
pattern. In general, a replacement window shall be
appropriate and compatible with the style of the
original windows and the house’s overall
architectural design features. Replacement
windows shall also match original window
placement patterns and arrangements; for example,
if the original windows were grouped in 2’s or 3’s,
replacement windows shall maintain this pattern.
b. Replacement Window Framing Options. The first window replacement option is a sash-only
replacement where the existing window frame, sill and exterior trim are maintained and
in good condition. This option is preferred before others are considered. If this option
is not feasible due to significant deterioration of the window frame, block frame
replacement windows are recommended for original recessed windows; nail-in frame
replacements for windows flush with the exterior walls. These frame types are more
appropriate in maintaining the original window profiles on front or side
facades/elevations.
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c. Replacement Window Materials. Replacement window materials shall match the original
(i.e., wood for wood, metal for metal). Suitable alternative materials include aluminum,
aluminum-clad, fiberglass, steel, vinyl and vinyl-clad windows.
d. Replacement Window Operation. For front or side facades/elevations, replacement
window operation shall match the original (i.e. double-hung for double-hung; casement
for casement, etc.) Changes in window operation types are allowed on rear elevations
that can’t be viewed from the public right-of-way.
e. Window Pane Glazing/Lights. A window’s glazing or “divided light” grid or muntins
pattern provide texture and character to a building’s architectural style and visual
character. Replacement windows shall match the original divided light pattern with
“true” or “simulated” lights with the grids/muntins placed on the outside of the window
at a minimum.
f. Storm windows. Storm windows in wood and other substitute materials are acceptable
as long as they match or are compatible with the window’s operational configuration
(i.e., double or single-hung for double-hung windows). Substitute materials may include
vinyl, aluminum, metal, wood composite and other plastic-wood products.
g. Shutters. Wood, wood composite and PVC shutters may be used for new shutters.
Shutters shall relate directly to the size of the window. They may be either operable or
fixed and shall be provided with operable hardware (hinges and holdbacks) in either
case.
Typical storm window types
Acceptable and discouraged shutter sizes
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(e) Doors
1. Existing Doors and Entrances. Existing doors and entrances are key architectural and visual
features contributing to the character of most building’s front or side facades/elevations.
Original doors and any surrounding casing, trim work, thresholds and other features shall be
retained and repaired unless significantly deteriorated. Significant deterioration may be
defined as large cracks or rotting materials and features.
2. Door Replacements. If a door cannot be repaired and must be replaced, the new door shall
match the style of the building and the original door wherever feasible. The original material
is preferred for replacement doors but composite materials or metal doors are also
acceptable. Replacement doors shall match, as closely as possible, the original door’s panel
and lighting arrangement. Arched doors can be replaced with rectangular doors if necessary.
a. Storm Doors. Wood storm doors may be used with exterior doors if the original screen
door is missing. Aluminum, metal, vinyl and wood composite storm doors may also be
suitable replacements if they match the front door’s size, style and panel and lighting
pattern.
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3. Door Openings. All existing door openings
on a building’s front or side
facades/elevations shall be maintained
and not closed. If necessary, a primary
house entrance (door opening) may be
relocated but shall remain on the exterior
façade fronting the street or as a side
entrance to a front porch. A secondary
house entrance may be allowed on a side
yard elevation viewed from the public
right-of-way as long as the original
entrance is not closed or removed.
(5) Existing Buildings: Porches, Decks, Patios and
Terraces
(a) Purpose. The purpose of this section is to
manage changes to existing porches as well as
the design and installation of new porches,
decks, terraces and patios to traditional
residential homes located in overlay districts
established by this Section. Porches are significant architectural and character defining features
of a traditional home, and they serve as the formal connection between the home and the street.
In almost all cases, existing porches and their associated elements shall not be removed or altered
to such an extent that they no longer retain their character-defining features nor serve as the
formal connection between the house and the street. New porches shall be constructed in
locations where original porches once existed and be compatible in style and materials to the
existing house. Decks, terraces and patios on existing homes are only permitted when installed
on interior side or rear facades and elevations.
(b) Applicability.
1. Existing Porches, Terraces, Decks and Patios – The regulations contained in this section of
the Overlay shall be applicable to changes to existing porches, terraces, decks and patios,
such as the restoration/rehabilitation of an existing porch, terraces, decks and patios or its
elements, as well as common maintenance repairs, such as the repair of steps, rails, balusters,
handrails and skirting of existing traditional residential homes in overlay districts established
by this Section. In order to ensure that changes to porches, terraces, decks and patios are
compatible with the surrounding neighborhood, any changes or addition within these
districts after the effective date of the Overlay shall be subject to the regulations contained in
this section.
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2. New Construction - The regulations contained in this Overlay shall be applicable to all new
porches, terraces, decks or patio construction on existing traditional residential homes in
overlay districts established by this Section. To ensure the compatibility of new porches,
terraces, decks and patios developed within the overlay district with that of the surrounding
community, any new porch, terrace, deck or patio within the overlay district after the
effective date of the Overlay Code shall be subject to the regulations contained in this
section.
(c) Definitions.
1. Porch. For the purposes of this Overlay, a porch is defined as a permanent structure
attached to a building on the main and/or corner side/secondary elevation with a roof and
without permanent walls, windows or enclosures. A porch’s primary purpose is to protect a
building’s entrance and to offer shelter for those entering the house from the street. A
porch consists of six primary structural and decorative elements: the porch foundation,
steps, porch skirting, porch floor, columns and railings, and the porch roof. Porches
associated with Queen Anne and Victorian styles were usually constructed in wood; porches
associated with Craftsman and later styles were sometimes constructed in masonry.
2. Deck. For the purpose of this Overlay, a deck is a roofless structure typically attached to a
building’s side or rear elevation. A deck’s primary purpose is to provide an outside gathering
place. Decks are usually constructed in wood and are often raised off the ground requiring
steps. Decks may also be constructed on the second story of the side or rear elevation
encompassing part or the full width of the elevation.
3. Patio/Terrace. For the purpose of this Overlay, a patio or terrace is a roofless structure
typically attached to a building’s side or rear elevation. A patio/terrace primary purpose is to
provide an outside gathering place. A patio or terrace is usually constructed at grade level
with materials such as concrete, stone or brick pavers, and may incorporate railings or
balustrades. Terraces and patios generally do not have a roof and roof structure as with
porches but may incorporate awnings and awning frames.
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4. Stoop. For the purpose of this Overlay, a stoop is a raised uncovered platform approached
by steps to a building’s entrance. A stoop is typically constructed in concrete, stone, wood
or brick pavers, and is smaller in dimensions than a porch, deck or terrace and
accommodating only ingress or egress into a house entrance. A stoop may have railings on
one or both sides of the steps.
(d) Porches.
1. Existing Porches. Existing porches on front or side facades/elevations shall be maintained
or repaired and not replaced unless there is evidence of significant deterioration that cannot
be feasibly repaired. Significant deterioration is defined as significant rot in materials,
structural deficiencies, and failures in the foundation, flooring, roof, and overall porch
structure.
a. Foundation. Stone, brick and concrete/concrete block used for porch foundations,
whether as a continuous wall or as separate piers, shall be maintained and repaired as
feasible using similar or compatible materials. Porch foundations constructed in
masonry can be repaired through re-pointing and epoxy consolidation as well as the
replacement of individual units of stone, brick and concrete block depending on the
construction of the foundation. Wood foundation piers can be replaced with concrete
or other compatible materials if they are significantly deteriorated. If foundation
footings are not stable, they shall be repaired and stabilized to support the porch
structure. Foundation piers constructed in pressure treated wood shall be primed and
painted with colors that match or are compatible with existing porch colors, after a
curing/drying period of no greater than 18 months.
b. Steps. Wood steps are common features of Victorian, Foursquare and other vernacular
homes in traditional neighborhoods. Brick and concrete steps were prevalent in homes
from the 1920s onwards. In general, porch steps shall be repaired and maintained with
similar materials consistent with the materials found in the porch floor and skirting.
Durable wood materials such as cedar and redwood are preferred, although pressure-
treated, wood sawdust or mineral composite/high density polyurethane plastic (HDPE)
can serve as suitable replacement materials. Steps constructed in pressure treated wood
shall be primed and painted with colors that match or are compatible with existing
porch and house colors, after a curing/drying period of no greater than 18 months.
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c. Skirting. Skirting is an important decorative porch
element. It also serves to keep animals out while
allowing air to circulate underneath the porch
structure. Skirting original to the existing house and
porch shall be maintained and repaired whenever
feasible. Skirting material is typically constructed in
woods such as cedar, redwood and cypress and
produced in a lattice form or vertical railings. If
skirting needs to be replaced due to significant
deterioration, it shall be replaced with similar
materials such as wood, pressure treated wood,
wood sawdust or mineral composite/high density
polyurethane plastic (HDPE). Vertical skirting
patterns and pre-fabricated lattice board panels can
be used. Skirting shall not be secured to the outside
face of the deck and if pressure-treated lumber, shall
be painted or stained to match the porch to which it
is being attached, after a curing/drying period of no
greater than 18 months. Plants, bushes and
flowerbeds can be used to screen areas beneath a
porch but care should be taken to have bushes and
flowers planted on a slope away from porch
foundations to avoid moisture infiltration and
foundation deterioration. Trees should not be
planted near porch foundations.
d. Flooring and Ceiling. All original porch ceiling and
flooring materials shall be retained, repaired and
preserved whenever feasible. Individual ceiling and floor boards that are significantly
deteriorated can be replaced with similar materials, usually tongue and grove wood
boards for flooring and 1” x 6” beadboards for the roof. If an entire porch floor or
ceiling has to be replaced, new floor boards shall match the existing in thickness, profile
and texture. Woods such as cedar, redwood and cypress, and synthetic materials,
including pressure-treated, fiber cement, wood sawdust or mineral composite/high
density polyurethane plastic (HDPE) can serve as suitable replacement materials. Floors
and ceilings constructed of pressure-treated wood shall be primed and painted/stained
with colors that match or are compatible with existing porch colors, after a
curing/drying period of no greater than 18 months.
e. Columns. Porch columns are often constructed in wood, brick, or stucco. All original
porch columns shall be retained, repaired and preserved whenever feasible using epoxy
filler or other materials. Porch columns can be replaced if they show significant
deterioration, including visible signs of rot and structural failure if they cannot support
the weight of the porch roof. Replacement columns shall match the original material
wherever feasible, although synthetic materials, such as pressure-treated wood,
fiberglass, wood sawdust or mineral composite/high density polyurethane plastic
(HDPE) are acceptable. Replacements must substantially replicate the existing column’s
design style, including its length, width, and profile and detailing. If existing columns are
simply square or round or if all columns are replaced in their entirety (at the same
time), replacement columns shall be at least 6”x 6” in dimension. Columns
constructed of pressure-treated wood shall be stained, or properly primed and painted
with paint colors that match or are compatible to existing porch colors, after a
Porch skirting types
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curing/drying period of no greater than 18 months. If not painted, pressure-treated
wood can be wrapped. Brick or stucco columns should only be repaired in brick and
stucco that are of same color, texture and material strength as the original.
f. Roof. Porch roofs for most traditional homes were constructed with materials and
pitches similar to the main structure and its overall architectural style. New porch roofs
shall be constructed in that fashion and be compatible with the home’s architectural
style. Typically, roofs were constructed with asphalt shingles and a pitch suitable to shed
water.
g. Railings and Balusters. Railing elements
typically include handrails, balusters and posts,
which shall be retained, repaired and preserved
whenever feasible. Some houses, but rarely,
may have solid porch walls rather than railings,
which shall also be maintained if they are
original to the house. Railing elements and
balusters in need of repair and replacement
shall use similar materials as the original.
Synthetics, including pressure-treated wood,
wood sawdust or mineral composite/high
density polyurethane plastic (HDPE) can serve
as suitable replacement materials. Replacement
materials should substantially replicate the
existing railings and balusters in length, width,
profile, and detailing. Railings and Balusters
constructed of pressure-treated wood shall be
stained, or properly primed and painted with
paint colors that match or are compatible to
existing porch colors, after a curing/drying
period of no greater than 18 months. If not
painted, pressure-treated wood can be wrapped.
Spindles or balusters shall not be secured to the outside face of the porch including but
not limited to the rails, rim joist, beam and/or columns
2. Enclosures. Porches may be enclosed with
glass or screens with no less than 60 percent
transparency (of preexisting open areas) and
as long as the construction of the enclosing
elements are readily reversible. Removable,
seasonal storm windows or screens are
recommended over more permanent
window or screening systems. In enclosed
areas that are not transparent, materials used
shall match or be compatible with the
primary façade siding material, including
wood clapboard, vinyl, wood composite,
stucco or other synthetic materials. Brick or
masonry is not acceptable as an enclosure
material unless it is consistent and
compatible with the house’s architectural
style.
Handrail Baluster
Railing and baluster types
Baluster
Bottom
Rail
Handrail
Bottom
Rail
Baluster
Handrail
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3. New Porches on Existing Buildings. To the extent that it can be documented, missing
original porches shall be reconstructed to be appropriate and compatible to the style and
period of the home in regard to size, style and detail. Where inadequate documentation
exists for the original porch, proposed new porches shall be typical of those built in the style
of the house. New porches shall be constructed in wood or appropriate composite/synthetic
materials such as wood sawdust or mineral composite/high density polyurethane plastic
(HDPE). Pressure treated wood can be used but shall be stained, or properly primed and
painted with paint colors that match or are compatible to existing house colors, after a
curing/drying period of no greater than 18 months. If not painted, pressure-treated wood
can be wrapped. Porches constructed in stucco and brick are acceptable as long such
materials are consistent and compatible with the house’s architectural style. An open porch
Enclosed porch: 30 percent transparency not recommended
Enclosed porch: 100 percent transparency recommended
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base is prohibited and must be skirted with wood lattice or other suitable materials as listed
in Subsection (5)(d)c.
4. Stoops. Stoops can be used if no adequate space can be found for a porch structure. Stoops
serve as a means to access a house entrance and shall be constructed to serve this function
only. Stoops are generally designed to fit the size of entrance opening and are usually
constructed in concrete, stone, wood or brick pavers and incorporate railings if the stoop
steps rise more than 30 inches. Stoops do not incorporate other porch structure elements
such as posts and roof. An awning may be installed over the stoop to provide protection
from the weather.
5. Decks. New decks, whether located at ground level or a second story, shall be constructed
on a building’s rear façade/elevation or on a interior side elevation not visible from the
street. Decks on front or side elevations visible from the street will be permitted if it can be
shown that they are characteristic of the house’s overall architectural style. Decks are also
permitted on corner-side elevations of corner lots facing a lake, park or other amenable
feature. Decks shall be designed to be consistent and compatible with a house’s architectural
style and include elements such as posts, railings and balusters, and be constructed in cedar,
cypress, redwood, or appropriate composite materials such as wood sawdust or mineral
composite/high density polyurethane plastic (HDPE), plastic and aluminum. Decks
constructed in pressure-treated lumber, shall be painted or stained, after a curing/drying
period of no greater than 18 months. If not painted, pressure-treated wood can be wrapped.
Deck rear elevation
Deck on side elevation
Deck on rear elevation
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6. Patios and Terraces. New patios and terraces shall be constructed on a building’s rear façade
or side elevation using stone, brick, brick pavers, or concrete. Water permeable pavers are
also allowed. For double-fronted lots, patios and terraces are permitted on one front
elevation or side elevation. Patios are also permitted on corner-side elevations of corner lots
facing a lake, park or other amenable feature. Patios and terraces are typically constructed
flush at ground grade level and are not elevated, although landscape treatments and berming
can be employed to elevate the patio or terrace to meet rear or side entrance grades. Patios
and terraces may incorporate railings and balustrades.
Patio on rear elevation
Patio on side elevation
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7. Ramps and Special Accessibility. Where provisions for accessibility for disabled persons are
proposed to be added to a principal structure’s front or side facades/elevations, every effort
should be made to integrate the ramp or other accessibility provisions within the overall
design of the principal structure. Ramps shall be placed on a side or rear elevation in a way
that does not remove original building features and materials. Ramps shall also incorporate
elements of the principal structure’s building materials and shall be installed in such a way
that its removal will not damage important features and materials of the principal structure.
Ramps constructed in
pressure-treated lumber shall
be stained or painted with
colors that match or are
compatible to existing house
colors, after a curing/drying
period of no greater than 18
months. If not painted,
pressure-treated wood can be
wrapped. Installing ramps on
the front façade shall be
avoided unless it can be
demonstrated that there is not
inadequate space on
secondary/side or rear
elevations to install a ramp or
other accessibility provision.
(6) Existing Buildings: Additions and Major Changes
(a) Purpose. The purpose of this section is to manage siting, placement and design of additions and
changes to existing buildings and structures in traditional neighborhoods located within the
Overlay districts established by this Section. Additions and changes shall be compatible with
existing buildings and be harmonious with other traditional homes and structures within the
surrounding blocks and the neighborhood.
(b) Applicability
1. Additions and Changes – The regulations contained in this section of the Overlay shall be
applicable to all proposed new additions and changes to existing single and two-family
buildings and structures front or side facades/elevations. In order to ensure that new
additions are compatible with the principal structure or house, any additions within these
districts after the effective date of the Overlay shall be subject to the regulations contained in
this section.
(c) Definitions
1. Addition. An addition is an increase in the footprint size of an existing principal structure or
house through the construction of an additional room or rooms to a front, side or rear
elevation. A new addition can also be a new floor, or portion thereof, to an existing house
or a dormer addition as defined below.
2. Change. A major change to an existing principal structure is considered any alteration or
demolition to the materials, wall plane and/or architectural features of a front or side façade
or elevation visible from the street.
3. Dormer: A dormer is a structural element of a house that protrudes from the plane of a
sloping roof surface. Dormers are used, either in original construction or as later additions,
Accessible ramp on side elevation porch
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to create usable space in the roof of a building by adding headroom and usually also by
enabling addition of windows.
(d) General Requirements. Over time, many homes and residences within traditional neighborhoods
were expanded to provide additional living space. It is recognized that additions to existing
homes will continue to take place and that the overall intent of this section is to ensure that new
additions and changes are compatible and harmonious with the original house style and the
surrounding neighborhood. Achieving compatibility involves a careful consideration of the
placement of the addition or change to the original house, its overall design, use of materials and
overall scale and massing.
1. Placement and Orientation. Additions to a principal structure and changes that extend the
building footprint shall be placed on a rear facade, or interior side elevation if rear is not
practical, in order to have a minimal impact on the overall scale and character of the original
house. New additions can be built with or without a setback from the wall plane of the
original house. A special exception for an addition that extends from the front wall plane of
the original house, either at a front or corner-side elevation, may be granted through the
appeals process under certain circumstances; in particular, if there is a lack of sufficient space
in the house’s rear yard to place the addition and the addition’s overall design meets all other
requirements regarding its design (see following requirements “b” through “g”)
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2. Height and Scale. Additions and changes that extend the building height shall not be higher
than the principal structure’s dominant or highest roof ridgeline and not overpower the
principal structure’s overall scale and massing. The addition’s footprint shall not be more
than 50 percent of the principal structure’s existing footprint. An exception to the height
standard can be made if the addition conforms and is compatible with the principal
structure’s overall architectural style and roof shapes and becomes an integral part of the
structure’s overall building form and design. Exterior materials of new additions shall be
constructed in the same materials, or combination of materials, as the original building (see
requirement “d” below).
3. Style and Form. New additions and changes shall reflect or be consistent with the principal
structure’s architectural style and roof form. It is not required to replicate the principal
structure’s architectural style in exact detail, but the addition’s and changes overall roof
shape, and door and window opening patterns and rhythms shall be consistent, compatible
and blend with the original house. When a principal structure incorporates elements of
various styles due to earlier additions, the addition shall employ the style characteristics that
are the most dominant.
4. Materials. New additions and changes may be constructed using modern materials although
they shall be complementary as a way to tie the addition and the original house together.
Some material contrast is allowed but shall be subtle in change with the principal structure’s
original building materials. For example, if the original house was sided with wood
clapboard, then fiber cement or vinyl siding may be used for the addition. New additions
and changes shall not remove significant character and architectural-defining features or
materials of the front or side facades/elevations of the original house, such as trim work and
corner boards, shingle siding, bargeboard, ornamentation and dormers. Such features may
be removed temporarily but must be reinstalled upon completion of the addition. Material
color shall also match or be complimentary to the principal structures color.
Acceptable roof addition (left); Unacceptable – roof addition extending above the ridgeline (right)
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5. Window and Door Openings. The
relationship of the height and width of
windows and doors shall be consistent to
those of the original house or principal
structure. Building addition and change
designs that create blank walls on any
front or side façade are not permitted. A
front or side façade/elevation must have
25 percent of its wall space devoted to
window openings. Window openings
shall follow a width-to-height ratio of 2:3
or 2:1. Doors with glazing and sidelights
may be counted towards the 25 percent
requirement.
6. Dormers. New dormers shall
be placed on a principal
structure’s side or rear facades
and limited to no more than
one-half the roof area. A
dormer may also be allowed on
a front façade if it is found to be
a typical or customary feature of
the house’s architectural style.
Dormers shall not be
constructed to be higher than
the roof’s dominant ridgeline in
order to preserve the original
scale and form of the building
from the street level and the
public right-of-way.
7. Foundation. Foundation
heights for new additions shall
match the same height as the original structure’s foundation. Foundation paneling of “false”
stone or brick, and landscape screening with bushes and vegetation may be used in
circumstances to mask the appearance of different foundation materials.
(7) New Principal Structure Construction and Infill Development
(a) Purpose. The purpose of this section is to manage placement and design of new principal
structure construction on empty/unimproved or redeveloped lots in traditional neighborhoods.
New construction shall be compatible and harmonious with other traditional homes and
structures within the surrounding blocks and the larger neighborhood. The overall intent of this
section is to ensure that new buildings and homes are compatible and harmonious with the
surrounding neighborhood.
(b) Applicability. New Construction/Infill Development - The regulations contained in this Overlay
shall be applicable to all new construction that is not considered an addition or change to an
existing building or structure. To ensure the compatibility of new development of principal
buildings and structures within the overlay district with that of the surrounding community, any
new building or structure developed after the effective date of the Overlay shall be subject to the
regulations contained in the Overlay.
Acceptable locations of dormer additions
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(c) Definitions
1. New Principal Structure Construction. New principal structure construction is defined as
the construction or building of new single or two-family houses on existing lots or parcels.
(d) General Requirements. A new principal structure located within the Overlay shall be compatible
with the size, scale, set back, massing, material, and character of the buildings which surround it
on the same block. Achieving compatibility must involve a careful consideration of the new
building’s placement on its lot, its overall design, use of materials and overall scale and massing
in relation to adjacent homes.
1. Front Setbacks. Front setbacks for new principal structures shall be consistent and align
with the prevailing building setbacks found along the block and surrounding neighborhood.
Generally, a dominant rhythm of spacing is established along a street by uniform lot and
building width and new buildings shall reinforce that rhythm. A distance equal to the
average of the existing front yard setbacks of the two lots principal buildings abutting it is
required for new construction. Where there are no adjacent buildings, the maximum setback
is 30 feet, and the minimum setback is 15 feet.
2. Side and Rear Yard. Side and rear yard setback reductions for principal structures may be
considered in the determination for special exceptions allowed by the Director of
Community Development , or designee, based on the following circumstances:
a. Existing setback of primary structures and accessory structures found in the immediate
vicinity;
b. Setbacks of like structures historically found on the site as determined by historic maps,
site plans or photographs;
c. Shape of lot;
d. Alley access or lack thereof;
e. Proximity of adjoining structures; and
f. Preservation of natural or historic features of the site.
3. Stoops/entrance platforms and porches may encroach into required setbacks by no more
than 4 feet. Encroachments beyond 4 feet will require approval for a setback variance.
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Section 30-161: (TND-O) Traditional Neighborhood Overlay Zoning District
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4. Scale and Height. The height of the main roof of a new principal structure shall be
compatible by not contrasting greatly with those of surrounding buildings. For
predominantly single and two-family residential neighborhoods, the height of a new principal
structure shall not exceed the height of surrounding structures by more than one story. The
overall scale and height of the principal structure shall reference existing homes in the
surrounding block and not overpower adjacent homes in its height or width.
5. Orientation. A principal structure and its front elevation and entrance shall be oriented to
the primary street. On corner lots, the principal structure could be oriented to the side street
as long as it meets all setback requirements and includes the front entrance and a minimum
of 25 percent of wall space is devoted to window or door openings. A porch may include an
entrance that is side-entered as long as the entrance is oriented to the building front.
Entrances with door glazing and sidelights may be counted to the 25 percent window
opening requirement.
a. Front entrances shall be identified by a stoop/entrance platform (with or without a
staircase), or entrance porch. Full front and wrap-around porches that include the front
entrance are also acceptable. A front entrance can also be accessed by porches, stoops
or terraces oriented to the side of the front elevation.
6. Style and Form. New principal structure construction shall reflect and/or be consistent with
the architectural styles found along the block and adjacent neighborhood. It is not required
to replicate a certain architectural style in exact detail, but a new building’s overall roof
shape, and door and window opening patterns and rhythms shall be consistent with that
particular style.
7. Building Materials. The materials of the principal structure's facades front or side
facades/elevations shall be visually compatible, by not contrasting greatly, with surrounding
buildings in the block and surrounding neighborhood. Modern and latter-day materials can
be used as long as they are suitable to the style and overall design of the house or principal
structure. Some contrast is allowed if such materials were typically used within a given
architectural style’s material palette or if a certain part of house requires certain building
materials, such as a sunroom.
8. Windows and Doors. In new principal structures, the relationship of the height and width of
windows and doors, and the rhythm of solids (walls) to voids (door and window openings)
shall be compatible, by not contrasting greatly, with surrounding buildings in the block or
surrounding neighborhood. New principal structures that create blank walls and elevations
are not permitted. A front or side façade/elevation shall have at least 25 percent of its wall
space devoted to window openings, which shall follow a width-to-height ratio of 2:3 or 2:1.
Doors with glazing and sidelights may be counted towards the 25 percent requirement.
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Window openings on the primary street-related front façade of new construction shall be
representative of the window patterns of similarly massed structures and architectural styles
within the surrounding block and neighborhood. In addition, windows on upper floors on
front or side façade/elevation shall not be taller than windows on the main floor since,
typically, first floors have higher ceilings than upper floors. If no consistent or predominant
window patterns can be found within the adjacent block, this standard will not apply.
Permitted window materials are the same as those specified in Subsection (4)(d)-(e) in the
Existing Buildings: Windows and Doors of this Overlay Code.
(8) New Accessory Structure Construction and Driveways.
(a) Purpose. The purpose of this section is to manage design changes to existing garages and the
construction of new garages and driveways to traditional residential homes in overlay districts
established by this Section. Garages and driveways are considered important architectural and
landscape elements that contribute to the overall appearance of a traditional home and its site.
Their preservation, maintenance and design are also important to ensure visual compatibility and
harmony within the larger neighborhood setting.
(b) Applicability
1. Existing Garages/Carports – The regulations contained in this section of the Overlay shall
be applicable to common changes to existing garages and accessory structures, such as the
restoration/rehabilitation of garage doors and windows and exterior siding and roof
materials. In order to ensure that common changes and repairs to existing garages are
compatible with the principal structure or house, any changes or addition within the Overlay
shall be subject to the regulations contained in this section.
2. New Garages/Carport - The regulations contained in this Overlay shall be applicable to all
new garages and accessory buildings within the Overlay District. To ensure the
compatibility of new garages and accessory structures within these districts with that of the
principal structure, any garage or accessory structure within these districts shall be subject to
the regulations contained in this section.
(c) Definitions
1. Garage. A covered building or structure constructed primarily to park and shelter vehicles.
A garage may be attached or detached from the principal structure.
2. Carport. A carport is a covered structure that offers limited protection and shelter for
vehicles. A carport may be free-standing or attached to the house or principal structure.
3. Driveway. A driveway is an area of pavement that provides vehicular access from the
property line to a garage, carport, or parking area.
4. Two-Track Driveway. A two-track or double-track driveway provides two narrow bands of
pavement from the property line to a garage, carport or parking area.
(9) Garages/Carports.
(a) New garages/carports for existing principal structures shall be constructed as a detached or
attached structure located in the rear portion of the lot.
1. Where the rear lot area cannot accommodate a detached garage or attached garage/carport,
an attached garage or carport located on the side of the principal structure may be
considered if:
a. Designed as an integral element of the principal structure
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b. Recessed a minimum of 5 feet behind the principal structure’s front façade
c. The roof line(s) of the principal structure is maintained
(b) Attached garages/carports facing the street shall be designed and detailed to match or
compliment the roof form and scale employed on the principal structure. Attached
garages/carports may also be connected to the house through a breezeway.
1. Design. New garages/carports that are visible from the street shall be architecturally
compatible and complimentary with the design of the principal structure or house, including
its color and style. Variation in regard to roof shape and slope and the use of materials is
allowed.
2. Height. A new garage/carport shall be no taller than the principal structure.
(10) Driveways
(a) New driveways must be constructed with durable materials such as concrete, asphalt, brick, stone
and permeable pavers. Crushed stone and gravel is not permitted.
Attached garage
Attached carport
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1. Two-Track/Drive Strips. Two-track/drive strips driveways can be installed in lieu of a full
driveway as long as they are constructed in durable materials, including concrete, asphalt,
brick, stone, or permeable pavers.
2. Shared Driveways. Any new shared driveway must only serve two lots and shall be designed as
a single lane of at least sixteen feet, not just two driveways next to each other. A single eight
to twelve feet wide lane that widens to a double lane of at least 16 feet deeper into the lot is
also permitted.
a. A cross access easement between the two lots is required
Section 30-162: (NTD-O) Neo-Traditional Development Overlay Zoning District
(1) Purpose and Intent.
(a) Statutory Authorization. This Ordinance is adopted pursuant to the authority contained in
Sections 62.23 and 66.1027 of the Wisconsin Statutes.
(b) Purpose. The purpose of this Ordinance is to allow the optional development and
redevelopment of land in the City of Oshkosh, consistent with the design principles of
traditional neighborhoods. A traditional neighborhood:
1. Is compact;
2. Is designed for the human scale;
3. Provides a mix of uses, including residential, commercial, civic, and open space uses in close
proximity to one another within the neighborhood;
4. Provides a mix of housing styles, types, and sizes to accommodate households of all ages,
sizes, and incomes;
5. Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways,
and transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides
for the connections of those streets to existing and future developments;
Driveway types
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6. Retains existing buildings with historical features or architectural features that enhance the
visual character of the community;
7. Incorporates significant environmental features into the design;
8. Is consistent with the City’s comprehensive plan.
9. Applicability
(c) The Traditional Neighborhood Development Ordinance is an alternative set of standards for
development within the City for new development of 10 acres or more contiguous to existing
development and redevelopment or infill development of 1.5 acres or more.
(2) Application Procedure and Approval Process
(a) Zoning Phase
1. Initial Conference. Before submitting an application for a Traditional Neighborhood
Development project, the applicant shall schedule an appointment and meet with the
Department of Community Development staff to discuss the procedure for approval of a
Traditional Neighborhood Development project, including submittal requirements and
design standards.
2. Zoning Application Requirements. Following the initial conference, the applicant shall
submit an application for a zoning map amendment to a Traditional Neighborhood
Development District. The application shall be accompanied by a General Implementation
Plan.
3. General Implementation Plan Submittal Requirements. The purpose of the general
implementation plan is to establish the intent, density, and intensity for a proposed
development. The General Implementation Plan shall include the following:
a. A general location map of suitable scale, but no less than 1 inch = 200 feet, which shows
the location of the property within the community and adjacent parcels including
locations of any public streets, railroads, major streams or rivers and other major
features within 1,000 feet of the site.
b. A site inventory and analysis to identify site assets or resources, and constraints,
including but not limited to floodplains, wetlands and soils classified as “poorly drained”
or “very poorly drained,” soils with bedrock at or within 42 inches of the surface, utility
easements for high-tension electrical transmission lines (>69KV), steep slopes greater
than 15%, and brownfields.
c. A conceptual site plan, at a scale of no less than one inch = 100 feet, which indicates
topography in two foot contours for sites with 15 feet or more of local relief, or one
foot contours for local sites with less than 15 feet of local relief, consisting of a map
with proposed features and existing site features and uses that will remain. These
features should include building outlines, location of streets, transit stops, drives and
parking areas, pedestrian and bicycle paths, service access areas for receiving material
and trash removal, and other impervious surfaces. The location of proposed and
existing to remain trees and shrubs should also be included, along with any other
significant features.
d. A conceptual storm water management plan identifying the proposed patterns of major
stormwater runoff, locations of stormwater infiltration areas, and other significant
stormwater best management practices.
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e. Identification of the architectural style(s) of the Traditional Neighborhood Development
and the accompanying site design style(s). The design style of the Traditional
Neighborhood Development shall be conveyed with drawings or computer simulations
of typical proposed building elevations (including dimensions of building height and
width, and facade treatment).
f. A written report that provides general information about the covenants, conservation
easements, or agreements which will influence the use and maintenance of the proposed
development. The report shall also describe the site conditions and the development
objectives.
g. Any other information deemed necessary by the City in order to evaluate plans.
h. Five (5) copies of the above information shall be submitted plus one (1) reduced set no
larger than 8 1/2 " x 11".
(b) Development Phase
1. Conditional Use Permit Requirement. Prior to issuance of any permits for development
within a Traditional Neighborhood Development District an application shall be submitted
for a Conditional Use Permit for review and approval of a Specific Implementation Plan.
The purpose of the Specific Implementation Plan is to establish a detailed development
proposal. The Specific Implementation Plan can be proposed, reviewed, and acted upon as
a whole or in part or phases.
2. Specific Implementation Plan Submittal Requirements. The applicant shall submit a series
of plans, maps, and written materials which include the following information:
a. A general location map of suitable scale which shows the boundaries and dimensions of
the property within the context of the City and adjacent parcels, including locations of
any public streets, railroads, major streams or rivers and other major features within
1,000 feet of the site, along with a legal description of the property.
b. A site inventory and analysis to identify site assets or resources, and constraints,
including but not limited to floodplains, wetlands and soils classified as “poorly drained”
or “very poorly drained,” soils with bedrock at or within 42 inches of the surface, utility
easements for high-tension electrical transmission lines (>69KV), slopes greater than
15%, and brownfields.
c. A site plan, including proposed topographic contours at one foot intervals, with the
following information:
i. the location of proposed structures and existing structures that will remain, with
height and gross floor area noted;
ii. the location of street and pedestrian lighting, including lamp intensity and height;
iii. the location of proposed open space;
iv. the circulation system indicating pedestrian, bicycle, and motor vehicle movement
systems, including existing and proposed public streets or right-of-ways; transit
stops; easements or other reservations of land on the site; the location and
dimensions of existing and proposed curb cuts, off-street parking and loading
spaces, including service access for receiving and trash removal; sidewalks and other
walkways;
v. location of all trees, shrubs, and ground cover (proposed or existing) to remain on
the site.
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d. A stormwater management plan for the site. The grading plan shall show existing and
proposed ground elevations with contours (one-foot contour interval) and spot
elevations at significant high points, low points, and transition points. The grading plan
shall also note the finished ground floor elevations of all buildings. The plan shall also
show the locations of all storm drainage sewers and structures, and infiltration or
detention/retention structures; and all wetlands on the site, using the Federal Manual
For Identifying and Delineating Jurisdictional Wetlands, and copies of documents
completed in making the wetlands identification.
e. Detailed elevations of all proposed commercial buildings and typical elevations of
residential buildings. Scaled elevations should identify all signs, building materials and
percentage of ground floor commercial facade in windows; the location, height and
material for screening walls and fences, including outdoor trash storage areas, electrical,
mechanical and gas metering equipment, storage areas for trash and recyclable materials,
and rooftop equipment.
f. A utilities plan showing lines and structures for sanitary sewers, electricity, gas,
telecommunications, etc.
g. A written report, which completely describes the proposal and indicates covenants or
agreements that will influence the use and maintenance of the proposed development.
The report also shall describe the analysis of site conditions and the development
objectives.
h. Phasing plans, where applicable.
i. Any other information deemed necessary by the Plan Commission or Common Council
in order to evaluate plans.
j. Five (5) copies of the above information shall be submitted, plus one (1) reduced set no
larger than 8-1/2" x 11".
(c) Amendments to the Specific Implementation Plan
1. Minor changes to the Specific Implementation Plan may be approved by the Department of
Community Development, provided the changes do not involve:
a. Increases or decreases of less than ten percent (10%) in floor area of structures or
number of dwelling units.
b. Change in exterior building material.
c. Alteration of any conditions attached or modification to the Specific Implementation
Plan made by the Common Council.
2. A major change to a Specific Implementation Plan, which is less restrictive than any
conditions of approval for the initial Specific Implementation Plan, shall require submittal of
a Conditional Use Permit request and review and approval by the Plan Commission and
Common Council.
(d) Subdivision of Land. If the Traditional Neighborhood Development involves the subdivision of
land as defined in the City’s Land Subdivision Ordinance, the applicant shall submit all required
land division documents in accordance with the requirements of the Land Subdivision
Ordinance and Chapter 236 of the Wisconsin Statutes. If there is a conflict between the design
standards of the Land Subdivision Ordinance and the design guidelines of the approved
Traditional Neighborhood Development District, the provisions of the approved Traditional
Neighborhood Development District shall apply.
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(e) Ownership and Maintenance of Public Space: Provision shall be made for the ownership and
maintenance of streets, squares, parks, open space, and other public spaces in a Traditional
Neighborhood Development District by dedication to the City.
(f) Recording of Documents. The following documents need to be filed by the applicant in the
County Register of Deeds Office within 10 days after approval of the document by the Common
Council: a certified copy of the zoning ordinance amendment designating a tract of land as a
Traditional Neighborhood Development; the general implementation plan; and the specific
implementation plan.
(3) Traditional Neighborhood Development Design Standards
(a) Neighborhood Uses. In order to achieve the proximity necessary to make neighborhoods
walkable, it is important to mix land uses. A traditional neighborhood development should
consist of a mix of residential uses, a mixed use area, and open space as provided below:
1. A mix of residential uses of the following types can occur anywhere in the traditional
neighborhood development. For infill development, the mix of uses may be satisfied by
existing uses adjacent to the Traditional Neighborhood Development.
a. Single-family detached dwellings;
b. Single-family attached dwellings, including duplexes, townhouses, row houses;
c. Multifamily dwellings, including senior housing;
d. Secondary dwelling units;
e. Special needs housing, such as community living arrangements and assisted living
facilities.
2. Mixed used area, comprising commercial, residential, civic or institutional, and open space
uses as identified below. All residential units should be encouraged to be within
approximately 1/4 mile or a 5 minute walk from existing or proposed commercial, civic, and
open space areas. Gross building area attributed to a single business should not exceed
6,000 square feet in size and no commercial business may have drive-thrus.
a. Commercial uses
i. Food services. For example: neighborhood grocery stores; butcher shops; bakeries;
restaurants; cafes; coffee shops; neighborhood bars or pubs; and similar type uses.
ii. Retail uses. For example: florists or nurseries; hardware stores; stationery stores;
book stores; studios and shops of artists and artisans; and similar type uses.
iii. Services. For example: day care centers; music, dance or exercise studios; offices,
including professional and medical offices; barber; hair salon; dry cleaning; and
similar type uses.
iv. Accommodations. For example: bed and breakfast establishments, small hotels or
inns; and similar type uses.
b. Residential uses
i. Single-family attached dwellings, including duplexes, townhouses, row houses;
ii. Multifamily dwellings, including senior housing;
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iii. Residential units located on upper floors above commercial uses or to the rear of
storefronts;
iv. Live/work units that combine a residence and the resident’s workplace;
v. Special needs housing, such as community living arrangements and assisted living
facilities.
c. Civic or institutional uses
i. Municipal offices, fire stations, libraries, museums, community meeting facilities,
and post offices;
ii. Transit shelters;
iii. Places of worship;
iv. Educational facilities.
d. Open space uses
i. Central square;
ii. Neighborhood park;
iii. Playground.
3. Open space uses identified below should be incorporated in the traditional neighborhood
development as appropriate. Large outdoor recreation areas should be located at the
periphery of neighborhoods rather than central locations.
a. Environmental corridors;
b. Protected natural areas;
c. Community parks;
d. Streams, ponds, and other water bodies;
e. Stormwater detention/retention facilities.
(b) Development Units. The number of residential dwelling units and the amount of nonresidential
development (excluding open spaces) shall be determined as follows, given that a net acre of land
Figure 1. Plan-view conceptual diagrams
of neighborhood commercial “service
areas" (hexagons). Each hexagon
represents a neighborhood with a mixed-use
center (dot) that is within a five-minute
walking distance of the neighborhood’s
edge. Clusters of neighborhoods (larger
hexagon) can support more extensive
commercial development than individual
neighborhoods. The appropriate amount of
commercial uses within a traditional
neighborhood development depends on the
location, or community context, of the new
development (darker shaded hexagon).
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is an acre of land excluding street rights-of-way and other publicly-dedicated improvements such
as parks, open space, and stormwater detention and retention facilities:
1. In areas devoted to mixed residential uses:
a. The number of single-family attached and detached units permitted shall be a minimum
of 7 dwelling units and a maximum of 16 dwelling units per net acre;
b. The number of multi-family units shall be a minimum of 17 and a maximum of 40
dwelling units per net acre.
c. A maximum of one secondary dwelling unit shall be permitted per lot.
d. No more than 65 percent of any lot shall be covered by structures.
e. For each affordable housing unit provided under this section, one additional dwelling
unit shall be permitted, up to a maximum 15 percent increase in dwelling units.
2. In mixed use areas:
a. The number of single-family and multi-family dwelling units permitted shall be
calculated the same as above plus an additional number of units not to exceed 10
percent of the amount permitted above.
b. All dwelling units constructed above commercial uses shall be permissible in addition to
the number of dwelling units authorized under this section. However, the total number
of dwelling units shall not be increased by more than 10 dwelling units or 10 percent,
whichever is greater.
c. The total ground floor area of nonresidential development uses, including off-street
parking areas, shall not exceed 25 percent of the traditional neighborhood development
net acreage.
(c) Open Space. At least 20 percent of the gross acreage of the Traditional Neighborhood
Development must be open space. Open space may include undevelopable areas such as steep
slopes and wetlands, and storm water detention and retention basins. At least 25 percent of the
open space must be common open space dedicated to the public for parkland. To the maximum
extent feasible, lots within the area devoted to residential uses shall be within a 1/4 mile or a 5
minute walk from common open space.
(d) Lot and Block Standards
1. Block and lot size diversity. The perimeter of the blocks in the development should
generally be in the range of 200-300 feet deep by 400-600 feet long. A variety of lot sizes
should be provided to facilitate housing diversity and choice and meet the projected
requirements of people with different housing needs.
2. Lot Widths. Lot widths should create a relatively symmetrical street cross section that
reinforces the public space of the street as a simple, unified public space. The minimum lot
width shall be 30 feet.
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3. Lot Depth. The depth of a lot shall not be
greater than three times the lot width.
4. Building Setback, Front - Mixed Use Area.
Structures in the mixed use area have no
minimum setback. Commercial and civic or
institutional buildings should abut the
sidewalks in the mixed use area.
5. Building Setback, Front - Areas of Mixed
Residential Uses. Single-family detached
residences, single-family attached residences,
and multifamily residences shall have a
building setback in the front between 5 and
20 feet.
6. Building Setback, Rear - Areas of Mixed
Residential Uses. The principal building on
lots devoted to single-family detached
residences shall be setback no less than 30 feet from the rear lot line. Any accessory
structures shall have a setback no less than 20 feet from the rear lot line. Any secondary
residential unit shall have a setback no less than seven and one-half (7 ½) feet from the rear
lot line.
7. Side Setbacks. Seven and one-half (7 ½) feet on each side, or one yard may be zero, if
attached at the lot line and the opposing yard is 15 feet.
(e) Circulation Standards
1. The circulation system shall allow for different modes of transportation. The circulation
system shall provide functional and visual links within the residential areas, mixed use area,
and open space of the traditional neighborhood development and shall be connected to
existing and proposed external development and circulation systems. The circulation system
shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes
(especially off street bicycle or multi-use paths or bicycle lanes on the streets), control
through traffic, limit lot access to streets of lower traffic volumes, and promote safe and
efficient mobility through the traditional neighborhood development.
2. Pedestrian Circulation. Convenient pedestrian circulation systems that minimize pedestrian-
motor vehicle conflicts shall be provided continuously throughout the Traditional
Neighborhood Development. Where feasible, any existing pedestrian routes through the site
Figure 2. Plan-view diagram of a street grid
showing a diversity of lot (parcel) sizes.
Figure 3. Plan-view diagram of the zero-lot
line concept. A large side-yard on each
parcel is created by uniformly eliminating
one of the side-yard setbacks.
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shall be preserved and enhanced. All streets, except for alleys, shall be bordered by
sidewalks on both sides in accordance with the specifications listed in Table 1. The
following provisions also apply:
a. Public Sidewalks. Clear and well-lighted walkways shall connect building entrances to
the adjacent public sidewalk and to associated parking areas. Such walkways shall be a
minimum of 5 feet in width.
b. Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined
edges.
c. Bicycle Circulation. Bicycle circulation shall be accommodated on streets and/or on
dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall
be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle
paths (generally shared with pedestrians and other non-motorized users) and separate,
striped, 4 foot bicycle lanes on streets. If a bicycle lane is combined with a lane for
parking, the combined width should be 14 feet.
d. Public Transit Access. Where public transit service is available or planned, convenient
access to transit stops shall be provided. Where transit shelters are provided, they shall
be placed in highly visible locations that promote security through surveillance, and shall
be well-lighted. The shelter design shall coordinate with the TND architectural style.
e. Motor Vehicle Circulation. Motor vehicle circulation shall be designed to minimize
conflicts with pedestrians and bicycles. Traffic calming features such as curb extensions,
traffic circles, and medians may be used to encourage slow traffic speeds.
i. Street Hierarchy. Each street within a traditional neighborhood development shall
be classified according to the following (arterial streets should not bisect a
traditional neighborhood development):
(i) Collector. This street provides access to commercial or mixed-use buildings,
but it is also part of the City's major street network.
(ii) Subcollector. This street provides primary access to individual residential
properties and connects streets of lower and higher function. Design speed is
25 mph.
(iii) Local Street. This street provides primary access to individual residential
properties. Traffic volumes are relatively low, with a design speed of 25 mph.
(iv) Alley. These streets provide secondary access to residential properties where
street frontages are narrow, where the street is designed with a narrow width to
provide limited on-street parking, or where alley access development is desired
to increase residential densities. Alleys may also provide delivery access or
alternate parking access to commercial properties.
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Table 1: Attributes of Streets in a Traditional Neighborhood Development
Collector
Subcollector
Local Street
Alley
Average Daily
Trips
750 or more 750-1500 Less than 250 Not applicable
Right-of-Way 76-88 feet 48-72 feet 35-50 feet 12-16 feet
Auto travel
lanes
Two or three 12
feet lanes
Two 10 feet lanes Two 10 feet lanes,
or
one 14 feet
(queuing) lane
Two 8 feet lanes for
two-way traffic, or
one 12 feet lane for
one-way traffic Bicycle lanes Two 6 feet lanes
combined with
parking lanes
4 feet lanes with no
parking, or 6 feet
lanes combined
with parking lanes
None None
Parking Both sides, 8 feet None, one, or both
sides,
8 feet
None or one side,
8 feet
None
(access to individual
drives & garages
outside Right-of-way) Curb and gutter Required Required Required Not Applicable
Planting strips Minimum 6 feet Minimum 6 feet Minimum 6 feet None
Street Furniture Required Not required Not required Not required
Sidewalks Both sides, 5 feet
minimum
Both sides, 5 feet Both sides, 5 feet None
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f. Street Layout. The traditional neighborhood development should maintain the existing
street grid, where present, and restore any disrupted street grid where feasible. In
addition:
i. Streets shall intersect each other as nearly as possible at right angles and not more
than two (2) streets shall intersect at one point unless approved by the Plan
Commission. Low volume streets may form three-way intersections creating an
inherent right-of-way assignment (the through street receives precedence) which
significantly reduces accidents without the use of traffic controls.
ii. Corner radii. The roadway edge at street intersections shall be rounded by a
tangential arc with a recommended radius of 15 feet for local streets and 20 feet for
intersections involving collector or arterial streets. The intersection of a local street
and an access lane or alley shall be rounded by a tangential arc with a maximum
radius of 10 feet.
iii. Curb cuts for driveways to individual residential lots shall be prohibited along
arterial streets. For commercial, civic, or multifamily residential uses, curb cuts shall
be limited to intersections with other streets or access drives to parking areas.
iv. The orientation of streets should enhance the visual impact of common open spaces
and prominent buildings, create lots that facilitate passive solar design, and minimize
street gradients. All streets shall terminate at other streets or at public land, except
Figure 4a. Schematic sketch of a typical
local street cross-section. Table 1 lists the
recommended dimensions of each
component: A) building setback from
street right-of-way; B) walkway; C) planting
area; F) travel lane.
Figure 4b. Schematic sketch of a typical
sub-collector street cross-section. Table 1
lists the recommended dimensions of each
component: A) building setback from
street right-of-way; B) walkway; C) planting
area; E) bicycle lane; F) travel lane.
Figure 4c. Schematic sketch of a typical
collector street cross-section. Table 1 lists
the recommended dimensions of each
component: A) building setback from
street right-of-way; B) walkway; C) planting
area; D) parking lane; E) bicycle lane; F)
travel lane.
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local streets may terminate in stub streets when such streets act as connections to
future phases of the development. Local streets may terminate other than at other
streets or public land when there is a connection to the pedestrian and bicycle path
network at the terminus.
v. Provision of Utilities. All utilities shall be located underground.
g. Parking requirements. Parking areas for shared or community use should be
encouraged. All off-street parking areas shall adhere to Article XII – Off-Street Parking
and Loading Facilities. In addition:
i. In the mixed use area, any parking lot shall be located at the rear or side of a
building.
ii. A parking lot or garage may not be adjacent to or opposite a street intersection.
iii. In the mixed use area, a commercial use must provide one parking space for every
500 square feet of gross building area. The developer must show evidence of
available parking for the residential tenants within a 1/4 mile or a 5 minute walk.
iv. Public access parking lots or garages must provide not less than one bicycle parking
space for every 10 motor vehicle parking spaces.
v. In the mixed residential areas, parking may be provided on-site. One off-street
parking space with unrestricted ingress and egress shall be provided for each
secondary dwelling unit.
vi. The setbacks of off-street parking area for multifamily or for non-residential uses
shall be as follows: front – 25 feet, side yard – 5 feet, and rear yard – 10 feet.
vii. The setbacks of off-street parking area for residential areas with a garage accessed
from an alley shall meet the following setbacks: rear – 0 feet and side yard – same as
the principal structure.
viii. The setbacks of off-street parking area for residential areas with a garage accessed
from the front of the lot shall meet the following setbacks: rear yard – 10 feet and
side yard – same as the principal structure.
ix. All off-street parking must be screened in accordance to section 30-35(I) of the
Zoning Ordinance.
x. Service access. Access for service vehicles should provide a direct route to service
and loading dock areas, while avoiding movement through parking areas.
xi. Paving. Reduction of impervious surfaces through the use of interlocking pavers is
strongly encouraged for areas such as remote parking lots and parking areas for
periodic uses.
(f) Architectural Standards. A variety of architectural features and building materials is encouraged
to give each building or group of buildings a distinct character.
1. Guidelines for Existing Structures
a. Existing structures shall be protected from demolition or encroachment by incompatible
structures or landscape development, if they are determined to:
i. Be historic or architecturally significant;
ii. Contribute to the overall pattern of existing development; or
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iii. Provide an appropriate transition between existing development and proposed
TND infill.
b. The U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Properties
shall be used as the criteria for renovating historic or architecturally significant
structures.
2. Guidelines for New Structures
a. Height. New structures within a Traditional Neighborhood Development shall be no
more than 3 stories for single-family residential, or 5 stories for commercial, multi-family
residential, or mixed use. Garages for residential uses shall be not more than 2 stories.
b. Entries and Facades
i. The architectural features, materials, and the articulation of a facade of a building
shall be continued on all sides visible from a public street.
ii. The front facade of the principal building on any lot in a Traditional Neighborhood
Development shall face onto a public street.
iii. The front facade shall not be oriented to face directly toward a parking lot.
iv. Porches, pent roofs, roof overhangs, hooded front doors or other similar
architectural elements shall define the front entrance to all residences.
v. For commercial buildings, a minimum of 50 percent of the front facade on the
ground floor shall be transparent, consisting of window or door openings allowing
views into and out of the interior. Canvas or metal awnings are permitted for
signage.
vi. New structures on opposite sides of the same street should follow similar design
guidelines. This provision shall not apply to buildings bordering civic uses.
vii. Buildings should be no more than 30% taller or 30% shorter than the average
building height on the block.
3. Guidelines for garages and secondary dwelling units. Garages and secondary dwelling units
may be placed on a single-family detached residential lot within the principal building or as
an accessory building provided that the secondary dwelling unit does not exceed 800 square
feet and the garages does not exceed 600 feet.
Figure 5. Schematic elevation sketches of
two multi-storied buildings with equal
heights and widths. Architectural details
such as porches, windows, and roof dormers
"articulate" a building's facade (right) which
enhances visual quality and contributes to a
human-scaled development.
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4. Guidelines for exterior signage. A comprehensive sign program is required for the entire
Traditional Neighborhood Development which establishes a uniform sign theme. Signs
shall share a common style (e.g., size, shape, material). In the mixed use area, all signs shall
be wall signs or cantilever signs. Cantilever signs shall be mounted perpendicular to the
building face and shall not exceed [8] square feet.
(g) Landscaping and Screening Standards. Overall composition and location of landscaping shall
complement the scale of the development and its surroundings. In general, larger, well-placed
contiguous planting areas shall be preferred to smaller, disconnected areas. Where screening is
required by this Ordinance, it shall be at least 3 feet in height, unless otherwise specified.
Required screening shall be at least 50 percent opaque throughout the year. Required screening
shall be satisfied by one or some combination of: a decorative fence not less than 50 percent
opaque behind a continuous landscaped area, a masonry wall, or a hedge.
1. Street trees. A minimum of one deciduous canopy tree per 40 feet of street frontage, or
fraction thereof, shall be required. Trees can be clustered and do not need to be evenly
spaced. Trees should preferably be located between the sidewalk and the curb, within the
landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If
placement of street trees within the right-of-way will interfere with utility lines, trees may be
planted within the front yard setback adjacent to the sidewalk.
2. Parking area landscaping and screening. All parking and loading areas fronting public streets
or sidewalks, and all parking and loading areas abutting residential districts or uses, shall
provide:
a. A landscaped area at least 5 feet wide along the public street or sidewalk.
b. Screening at least 3 feet in height and not less than 50 percent opaque.
c. One tree for each 25 linear feet of parking lot frontage.
3. Parking area interior landscaping. The corners of parking lots, “islands,” and all other areas
not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf
grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces
may include architectural features such as benches, kiosks or bicycle parking.
a. In large parking lots containing more than 200 spaces, an additional landscaped area of
at least 300 square feet shall be provided for each 25 spaces or fraction thereof,
containing one canopy tree. The remainder shall be covered with turf grass, native
grasses or other perennial flowering plants, vines or shrubs.
Figure 6. Plan-view diagrams of four
alternative garage locations on a single-
family housing lot: a) detached garage is
accessed from an alley; b and c) attached
garage is accessed from the local street, d)
detached garage, behind the house, is
accessed from the local street.
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4. Installation and Maintenance of Landscaping Materials. All landscape materials shall be
installed to current industry standards. Maintenance and replacement of landscape materials
shall be the responsibility of the property owner. Landscape maintenance should
incorporate environmentally sound management practices, including the use of water- and
energy-efficient irrigation systems such as drip irrigation, and pruning primarily for plant
health and public safety, replacing dead materials annually.
5. Materials. All plant materials must meet the minimum standards set by the American
National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock.
Landscape species shall be indigenous or proven adaptable to the climate, but shall not be
invasive species. Plant materials shall comply with the following standards:
a. Minimum plant size shall be specified as follows (for the purpose of determining tree
trunk size, the diameter shall be measured 6 inches above ground level):
Plant Type Minimum Size
Evergreen tree 6 feet in height
Deciduous canopy tree 22 inches caliper at dbh*
Small deciduous tree 12 inches caliper at dbh*
Evergreen or deciduous shrubs 18 - 24 inches in height
*dbh = diameter at breast height
b. Landscape materials shall be tolerant of specific site conditions, including but not
limited to heat, drought and salt.
c. Existing healthy plant material may be utilized to satisfy landscaping requirements,
provided it meets the minimum plant size specified above.
d. Landscape materials that are used for screening shall be of a size that allows growth to
the desired height and opacity within 2 years.
Section 30-163: (UT-O) University Transition Overlay Zoning District
(1) Intent. The purpose of this overlay district is to provide the opportunity for slightly higher density
residential uses within traditional residential neighborhoods that are in close proximity to the
University of Wisconsin-Oshkosh campus area.
(2) Principal Uses Permitted By Right.
1. Land uses permitted by right in the underlying zoning district.
2. Roommate Living Arrangement
(3) Principal Uses Permitted as Conditional Use.
(a) Land uses permitted by conditional use permit in the underlying zoning district.
(b) Select Institutional Residential Uses as listed below:
1. Fraternities and Sororities
(c) Vacation Rental Home
(d) Bed and Breakfast
(4) Accessory and Temporary Land Uses. Refer to the underlying zoning district.
Sections 30-164 to 30-169: Reserved
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-170: Purpose
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ARTICLE VII: PERFORMANCE STANDARDS
Section 30-170: Purpose
The purpose of this Article is to indicate the standards and minimum requirements for group and large
developments, vehicle access, bicycle and pedestrian access, visibility, off-street parking and traffic circulation,
off-street loading, exterior lighting, exterior storage, fencing, and outdoor recreational space within the
jurisdiction of this Chapter.
Section 30-171: Group and Large Development Standards
(1) Purpose. The purpose of this Section is to establish standards that ensure group developments and
large developments are properly located and are compatible with the surrounding area and the overall
community character of the City of Oshkosh.
(2) Definitions.
(a) Group Development.
1. Any development located on one lot and comprised of any single instance or any
combination of the following development types:
a. 1 or more principal multi-family residential buildings with 24 or more residential units
on the same lot.
b. 3 or more principal structures on the same lot, whether serving a single use or more than
one use.
c. Any addition of principal buildings that increases the total number of principal
structures on the same lot to 3 or more.
2. Common examples of group developments include apartment or condominium complexes
with 24 or more total units, commercial centers, shopping centers, and office centers where
there are 3 or more principal buildings.
(b) Large Development.
1. Any new development containing any single building in which the area of the building
footprint exceeds 50,000 square feet. Does not include new additions to structures existing
prior to the adoption of this Chapter of less than 50,000 square feet, or basements and
penthouses when used primarily for storage and mechanical equipment.
a. Common examples of large developments include big-box commercial uses.
(3) Exceptions. The following situations are exempt from the requirements of this Section.
(a) Structures within City parks.
(b) Development in the following zoning districts:
1. Planned Development District
2. Campus Overlay District
3. Riverfront Overlay District
4. Business Park District
5. Urban Industrial District
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-171: Group and Large Development Standards
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6. Heavy Industrial District
(c) Nonresidential buildings where it can be demonstrated to the satisfaction of the Director of
Community Development, or designee, that any principal building can be subsequently
subdivided with a lot and yards conforming to the requirements of this Chapter.
(4) Review and Approval.
(a) All group developments and large developments require a conditional use permit (see Section 30-
382 for review and approval procedure) regardless of whether individual use(s) within the
development are permitted by right within the applicable district.
(b) Uses permitted in a group development and/or large development include any land use that is
either a permitted by right land use or a use allowed by conditional use permit within the
applicable zoning district.
(c) Land uses permitted by right in the applicable zoning district shall be permitted by right within
an approved group and/or large development, subject to the provisions of this Section, unless
otherwise restricted by the conditions of approval imposed during the conditional use approval
for the group development and/or large development as a whole.
(d) Land uses allowed by conditional use permit within the applicable zoning district shall be allowed
within the group development and/or large development only with conditional use approval for
that land use category. The consideration of the conditional use for the group development
and/or large development may occur in conjunction with the review for additional conditional
land uses.
(e) The detailed land use regulations in Article III that pertain to each proposed land uses shall also
apply within a group development and/or large development, as will all other applicable
provisions of this Chapter.
(5) Changes to an Approved Group and/or Large Development.
(a) Following initial issuance of a conditional use permit for the group development and/or large
development, all subsequent changes determined to be significant by the Director of Community
Development, or designee, to site design and building design (including addition of structures,
additions to structures, and expansions of parking or storage areas) in the group development
and/or large development shall require an amendment to the approved conditional use permit
regardless of individual land use(s).
(b) Changes to individual land uses within a group development and/or large development listed as
permitted by right uses within the applicable zoning district are allowed without amendment to
the group development and/or large development conditional use permit, unless said conditional
use permit placed restrictions on change of use.
(c) Changes to individual land uses within a group development and/or large development listed as
conditional uses within the applicable zoning district shall be allowed only by amendment to the
conditional use permit, regardless of whether or not said use entails modifications to the building
and/or site layout in the group development and/or large development.
(6) Standards Applicable to Group Developments and Large Developments.
(a) Land uses and development shall comply with the applicable requirements of this Chapter,
including, but not limited to, density, intensity, bulk, setback, and building separation
requirements; building and site design standards; landscaping and green space requirements;
access, parking, loading requirements; and signage requirements.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-171: Group and Large Development Standards
Draft #6 227 July 22, 2016
(b) The applicant shall demonstrate how the proposed development relates to each of the following
criteria:
1. Complements the design and layout of nearby buildings and developments.
2. Enhances, rather than detracts from, the desired character of the surrounding area.
(c) Architectural Quality. All buildings within the group and/or large development shall be of
compatible with one another in terms of architectural quality and design, as determined by the
Plan Commission.
(7) General Layout and Future Divisibility of Group Developments.
(a) Development located within a group development shall be located so as to comply with the
intent of this Chapter regarding setbacks of structures and buildings from lot lines. Building
envelopes shall be depicted on the site plan required for review of group developments. The use
of this approach to designing group developments will facilitate the subdividing of group
developments in the future (if such action is so desired).
(8) Roadway Connections. All nonresidential projects shall have direct access or access through an
easement to an arterial or collector level street; or to a local street if no other access is available, as
deemed appropriate by the City.
(9) Parking. Parking lot designs in which the number of spaces exceeds the minimum number of parking
spaces by 25 percent or more shall be allowed according to the regulations of Section 30-175(7).
(10) Outdoor Display Areas. Exterior display areas shall be permitted only where clearly depicted on the
approved site plan. All exterior display areas shall be separated from motor vehicle routes by a
minimum of 5 feet or by a physical barrier visible to drivers and pedestrians.
(11) Outdoor Storage Uses and Areas. Exterior storage structures or uses, including the parking or storage
of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash,
recyclables, and all other items shall be permitted only where clearly depicted and labeled on the
approved site plan. Outdoor storage uses and areas shall meet the screening requirements of Section
30-191.
(12) Landscaping. Landscaping shall meet the standards in Article IX.
(13) Lighting. On-site exterior lighting shall meet the standards in Section 30-190.
(14) Signage. Signage shall meet the standards in Article X.
(15) Additional Rules Applicable to Large Developments (as defined in Subsection (2)(b), above).
(a) Building Placement and Site Layout. Building placement and orientation shall facilitate
appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring
commercial areas and neighborhoods, and must forward community character objectives as
described in the City’s Comprehensive Plan.
(b) Compatibility Report. The City may require a written Compatibility Report citing adequate
evidence that the proposed building and overall development project shall be compatible with
the City’s Comprehensive Plan and any detailed neighborhood or special area plan for the area.
The Compatibility Report shall specifically address one or more of the following items:
1. Compatibility Report Narrative. The City may require a narrative describing how the
proposed development meets the building placement and site layout requirements of
Subsection (a), above.
2. Traffic Impact Analysis. The City may require that a traffic impact analysis (TIA) be
completed in accordance with the most current revision of the Traffic Impact Analysis
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-171: Group and Large Development Standards
Draft #6 228 July 22, 2016
Guidelines published by the Wisconsin Department of Transportation. It shall be conducted
by a third party agreed upon by both the applicant and City at the applicant’s expense. Such
Traffic Impact Analysis shall require the following components:
a. A demonstration that vehicle access shall be designed to accommodate peak on-site
traffic volumes without disrupting traffic on public streets or impairing pedestrian safety.
This shall be accomplished through adequate parking lot design and capacity; access
drive entry throat length; design, location, and number of traffic control devices; and
sidewalks.
b. Where the traffic impact analysis indicates that a project may cause off-site public roads,
intersections, or interchanges to function below a level of service (LOS) C, the City may
deny the application, require a size reduction in the proposed development, and/or
require the developer to construct and/or pay for required off-site improvements to
achieve a LOS C for a planning horizon of a minimum of 10 years assuming full build-
out of the site.
c. The City has the option to require a trip generation study in lieu of a full Traffic Impact
Analysis.
3. Transportation Demand Management. The City may require that a transportation demand
management plan (TDM) be completed in accordance with Wisconsin Department of
Transportation requirements for content and format.
(c) Small Area Plan. The City may require that a detailed small area plan be submitted and approved
by the Plan Commission and Common Council. The detailed small area plan shall be prepared
for all areas within 1,320 feet of the subject property (as measured from the outer perimeter of
the subject property or group of properties proposed for development), and any other nearby
lands as determined by the Plan Commission to be part of the defined neighborhood or area.
The detailed small area plan shall contain the following specific elements, drawn to scale:
1. Demonstration that the proposed small area plan is in harmony with the land use, multi-
modal transportation, utility, stormwater management, community character provisions of
the City’s Comprehensive Plan.
2. Proposed land use with specific zoning districts and existing land uses, if present.
3. Complete transportation network, including pedestrian and bicycle facilities and transit
routes and stops, where applicable.
4. Conceptual stormwater management facilities.
5. Proposed public facility sites, including parks, schools, conservation areas, public safety
facilities and public utility facilities.
6. Proposed community character themes, including building materials, landscaping,
streetscaping, and signage.
7. Transitional treatments such as berms and/or landscaping between areas with differing land
uses or character.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-172: Vehicle Access Standards
Draft #6 229 July 22, 2016
Section 30-172: Vehicle Access Standards
(1) Purpose. The purpose of this Section is to promote the safety and general welfare of the public by
establishing minimum requirements for the provision of driveways and other points of access to public
rights-of-way for various sites and uses.
(2) Applicability. The requirements of this Section shall apply to each driveway and access point onto a
public street or right-of-way in all new developments. Additional regulations relating to driveways can
be found within Chapter 25 of the City of Oshkosh Municipal Code.
(3) Review and Approval. Through the site plan review process (see Section 30-385), the Director of
Community Development, or designee, shall review and approve all proposed driveways and other
access points on the subject property.
(4) Access Limitation by Use. Single family and two family dwelling units shall not have driveways or
other access points onto a collector or arterial street that is not primarily residential unless such street
has the only available frontage. Nonresidential and multi-family uses shall not have driveways or other
access points onto a residential local street unless such street has the only available frontage.
(5) Number of Access Points. Refer to Chapter 25 of the City of Oshkosh Municipal Code.
(6) Access near Street Intersections. Refer to Chapter 25 of the City of Oshkosh Municipal Code.
(7) Distance between Driveways and Other Access Points. Refer to Chapter 25 of the City of Oshkosh
Municipal Code.
(8) Angle of Intersection with Public Right-of-Way. All driveways and other access points shall intersect
with any public right-of-way at an angle of not less than 75 degrees, and shall intersect at an angle of 90
degrees wherever possible.
(9) Visibility Standards. All driveways and other access points shall comply with the visibility standards of
Section 30-174.
(10) Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner that
avoids congestion on public streets and other safety hazards.
(a) Traffic into and out of all off-street parking, loading, and traffic circulation areas serving 6 or
more parking spaces shall be forward-moving, with no backing into public streets.
(b) Parking, loading, and traffic circulation areas serving less than 6 parking spaces may back into
local streets, but shall not back into collector or arterial streets. Refer to Section 30-175(14)(f)
regarding backing into streets. Traffic control devices shall be required as determined by the
Department of Public Works.
(11) Depiction on Required Site Plan. Any and all proposed driveways and other access points on the
subject property shall be depicted as to their location and configuration on the site plan required for
the development of the subject property.
(12) Surfacing.
(a) Driveways shall follow the surfacing requirements of Section 30-175(19).
(b) Driveways shall be surfaced in accordance with this Chapter within 365 days of building permit
issuance. If not dust-free during the permitted 365 days, a minimum aggregate base of 4 inches is
required.
(13) Nonconforming Driveways.
(a) Nonconforming driveways shall comply with all of the regulations and requirements of Article V
for nonconforming structures.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-172: Vehicle Access Standards
Draft #6 230 July 22, 2016
(b) Shared driveways (driveways located on multiple lots and typically situated over lot lines) that
existed prior to the adoption of this Chapter may remain legal driveways. No new or
reconstructed shared driveways may be established unless cross-access easements are recorded
with the Register of Deeds.
(14) Design of Single and Two Family Residential Driveways.
(a) Minimum Driveway Setback (Side Lot Line to Pavement or Rear Lot Line to Pavement on
Corner Lots).
1. Small Lots. Driveways shall be set back a minimum of 6 inches from the side lot line on lots
with less than 60 feet of lot width/frontage. On lots where the available yard area prohibits
the ability to create/maintain an 8-foot driveway and the required setback as listed below,
the setback may be reduced to the smallest distance necessary.
2. Detached Garages. Driveways leading to detached garages shall meet the side setbacks for
accessory structures established in Article II or shall meet the side setback of the existing
detached garage. On corner lots, driveways shall meet the rear setbacks for accessory
structures established in Article II or shall meet the rear setback of the existing detached
garage.
3. Attached Garages. Driveways leading to attached garages shall meet the side setbacks for
principal structures established in Article II or shall meet the side setback of the existing
attached garage. On corner lots, driveways leading to attached garages shall meet the rear
setbacks for principal structures established in Article II or shall meet the rear setback of the
existing attached garage. Driveways leading to side-loaded attached garages shall meet the
rear setbacks for accessory structures established in Article II.
4. Uncovered Parking. Driveways leading to uncovered parking areas shall meet the side
setbacks for accessory structures established in Article II or shall meet the side setback of
the existing uncovered parking area. On corner lots, driveways leading to uncovered parking
areas shall meet the rear setbacks for accessory structures established in Article II or shall
meet the rear setback of the existing uncovered parking area.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-172: Vehicle Access Standards
Draft #6 231 July 22, 2016
(a) Driveway Width.
1. Driveways shall be a minimum width
of 8 feet. Driveways leading to
garages are limited to a maximum
width of 24 feet at the lot line, but
may increase to the width of the
garage. See Figure 30-172a or 30-
172b. Where no garage exists, the
maximum driveway width shall be 12
feet and shall be situated as not to
create only front yard parking.
a. If an 8-foot driveway width is
unattainable, the Director of
Community Development, or
designee, may reduce the
minimum required driveway
width to that which is deemed
functional. This remedy shall
only be implemented if the
allowances for small lots of
Section 30-172(15)(a)(1) are
ineffectual.
2. Where the width of the driveway at
the garage exceeds the maximum
width of the driveway at the lot line,
the driveway shall be tapered
between the garage or the edge of
the uncovered space alongside the
garage and the lot line starting a
minimum of 5 feet inside the parcel.
See Figure 30-172b. When leading to
a legal uncovered space next to the
garage, the driveway width shall be
the least possible needed and shall
not exceed 24 feet in width at the
property line.
Figure 30-172a: Driveways up to 24 Feet Wide
Figure 30-172b: Driveways Wider than 24 Feet
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-172: Vehicle Access Standards
Draft #6 232 July 22, 2016
3. Driveways for two family uses with
adjacent garages are limited to the 24
feet maximum width at the property
line. Each individual driveway must
be separated by a minimum of a 4-
foot green area extending the full
length from the property line to the
garage/uncovered parking space. See
Figure 30-172c.
4. The maximum width of circular,
horseshoe, and similar type
driveways shall not exceed 12 feet,
except for the area of allowable
paving in front of the garage. The
inside edge of the arc of the driveway
shall be at least 25 feet from the lot
line. For driveways with 2 curb
openings, the spacing shall provide a
minimum dimension of 50 feet
between the inside driveway edges,
measured at the lot line. See Figure
30-172d.
a. Circular, horseshoe, and similar
type driveways shall be
permitted only where the street
frontage of the subject property
is 100 feet or more.
Figure 30-172c: Two Family Dwellings with Two
Driveways
Figure 30-172d: Circular Driveways
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-173: Bicycle and Pedestrian Access Standards
Draft #6 233 July 22, 2016
(15) Design of Multi-Family Residential, Institutional, Commercial, and Industrial Use Driveways.
(b) Minimum Driveway Setback (Side Lot Line to Pavement or Rear Lot Line to Pavement on
Corner Lots).
1. Driveways shall be set back a minimum of 10 feet from the side lot line or shall meet the
minimum pavement setback as required in Article II for the applicable zoning district,
whichever is less.
2. On corner lots, driveways shall be set back a minimum of 10 feet from the rear lot line.
(c) Driveway Width. Refer to Chapter 25 of the City of Oshkosh Municipal Code.
Section 30-173: Bicycle and Pedestrian Access Standards
(1) Purpose. The purpose of this Section is to support the use of alternative modes of transportation and
promote the safety and general welfare of the public by establishing requirements for pedestrian and
bicycle access and bicycle parking.
(2) Applicability. The requirements of this Section shall apply to all new development or redevelopment.
(3) Quantity. One pedestrian and bicycle access is required to at least one street frontage.
(4) Off-Site Connections. Pedestrian and bicycle access shall include appropriate connections to the
existing and planned pedestrian and bicycle facilities in the community and in surrounding
neighborhoods.
(5) On-Site Connections. The entire development shall provide walkways for full and safe pedestrian and
bicycle access within the development.
(a) Walkways shall provide pedestrian access through or around off-street parking areas from street
sidewalks to building entries. Walkways shall be located and aligned to directly and continuously
connect areas or points of pedestrian origin and destination, and walkways shall not be located
and aligned solely based on the outline of a parking lot configuration unless such configuration
allows for direct pedestrian access.
(b) Design Requirements.
1. Walkways shall have an acceptable dust-free surface not less than 5 feet in width and shall be
grade-separated from the parking lot or otherwise delineated with pavement markers,
planters, or alternate paving materials.
2. The entirety of the on-site pedestrian walkway system shall be marked and defined using
pavement treatments, signs, lighting, median refuge areas, and landscaping as appropriate
and as consistent with the Americans with Disabilities Act and the building code, as
approved by the Director of Community Development, or designee.
3. Where the pedestrian walkway crosses drive aisles or internal roadways, the pedestrian
crossing shall emphasize and place priority on pedestrian access and safety.
4. The material and layout of the pedestrian walkway shall be continuous as the pedestrian
access crosses the driveway, with a break in continuity of the driveway paving and not in the
pedestrian access way.
Section 30-174: Visibility Standards
(1) Purpose. The purpose of this Section is to alleviate or prevent congestion of public and private rights-
of-way so as to promote the safety and general welfare of the public by establishing minimum
requirements for the provision of vehicular visibility.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 234 July 22, 2016
(2) Applicability. The requirements of this Section shall apply to all new development or redevelopment.
(3) Review and Approval. Through the site plan review process (see Section 30-385), the Director of
Community Development, or designee, shall review and approve all development for conformance
with this Section.
(4) Vision Triangle at Public Streets. A vision triangle extending 20 feet from all public street right-of-way
intersections shall be maintained for local street intersections and 30 feet when the intersection
includes collector or arterial streets. If the street intersection is curved, the vision triangle distance shall
be maintained as if the right-of-way where extended to create a 90 degree corner. No wall, fence,
structure, utility structure or appurtenance, or vegetation shall be permitted within such vision triangle
which materially impedes vision between the height of 2 ½ feet and 8 feet with the exception of
fencing, which shall be no greater than 30% opaque. Development in the CMU district and
development located on streets with signalized intersections shall be exempt from this requirement.
(5) Vision Triangle at Alleys and Driveways. A vision triangle extending 10 feet from alleys and driveways
shall be maintained. No wall, fence, structure, utility structure or appurtenance, or vegetation shall be
permitted within such vision triangle which materially impedes vision between the height of 2 ½ feet
and 8 feet. Development in the CMU district shall be exempt from this requirement.
Figure 30-174: Visibility Standards
Section 30-175: Off-Street Parking and Traffic Circulation
(1) Purpose. The purpose of this Section is to alleviate or prevent congestion of public rights-of-way so as
to promote the safety and general welfare of the public by establishing minimum requirements for the
provision of off-street parking and circulation in accordance with the use of various sites and types of
development.
(2) Applicability. The requirements of this Section shall apply to all new development and redevelopment.
(3) Review and Approval. Through the site plan review process (see Section 30-385), the Director of
Community Development, or designee, shall review and approve all development for conformance
with this Section.
(4) Depiction on Required Site Plan.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 235 July 22, 2016
(a) Any and all parking and traffic circulation areas proposed to be located on the subject property
shall be depicted as to their location and configuration on the site plan.
(b) Site plans shall be drawn to scale.
(c) Site plans shall include, but not be limited to, the following information:
1. All lot dimensions and lot lines.
2. Paved areas shown and dimensioned.
3. The traffic pattern and parking space layout, including required handicapped spaces.
4. Dimensions of individual parking spaces and aisle width. Required parking spaces not
intended to be immediately improved shall be shown with a dashed line.
5. Size and location of ingress and egress openings.
6. Location, size at planting, and species of all landscape plantings.
7. Location of all lighting systems.
8. Location of all snow storage areas.
9. Drainage and/or stormwater management plan subject to approval by the City.
10. Other facilities proposed.
(5) Minimum Number of Required Off-Street Parking Spaces.
(a) Off-street parking requirements for each land use are generally tied to the use’s capacity and
gross floor area or the number of employees at the subject property during the largest work shift.
1. The term “capacity” means the maximum number of persons that may be accommodated by
the use as determined by its design or by state building code regulations, whichever number
is greater.
2. The term “employees on the largest work shift” means the maximum number of employees
working at the facility during a single given day, regardless of the time period during which
this occurs, and regardless of whether any such person is a full-time employee. The largest
work shift may occur on any particular day of the week or during a lunch or dinner period in
the case of a restaurant.
3. The term “gross floor area” shall mean the total floor area inside the building envelope on all
levels of a building.
(b) A garage stall shall be considered a parking space.
(c) One reserved parking space shall be provided for each service vehicle used by the operation
during business hours.
(d) See Figure 30-175a for a summary of the number of parking spaces required by land use.
(6) Parking Requirement Exceptions in the Central Mixed Use District.
(a) Within the CMU district, the parking requirements of this Chapter are hereby waived. However,
when off-street parking facilities are provided, such facilities shall meet the requirements of this
Chapter, except in respect to the required number of spaces. Residential uses need only provide
evidence of the availability of off-street public or private parking in the amount of 1 parking
space per dwelling unit within 1,000 feet of the unit.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 236 July 22, 2016
Figure 30-175a: Number of Off-Street Parking Spaces Required by Land Use
Figure 30-175a is provided as convenience for the City and the general public.
Where there are conflicts between the text of this Chapter and Figure 30-175a, the text shall prevail.
Land Use Minimum Number of Off-Street
Parking Spaces Required
Maximum Number of Off-Street
Parking Spaces Permitted
Re
s
i
d
e
n
t
i
a
l
Single Family Dwelling Unit 2 None
Single Family Living Situation 2 None
Two Flat, Twin House,
Duplex 2 per dwelling unit None
Townhouse, Multiplex,
Apartment
2 spaces per dwelling unit containing
0-2 bedrooms, plus 0.5 space per
additional bedroom over 2 bedrooms
per unit
None
Mobile Home 2 None
Roommate Living
Arrangement
2 per family plus 1 for each unrelated
adult None
Boarding House 1 per bedroom per rent 1.25 per bedroom per rent
Ag
r
i
c
u
l
t
u
r
a
l
Cultivation 1 space per employee on the largest
work shift.
1.25 spaces per employee on the
largest work shift.
Husbandry 1 space per employee on the largest
work shift.
1.25 spaces per employee on the
largest work shift.
On-Site Agricultural Retail 1 space for every 200 square feet of
product display area.
1.25 spaces for every 200 square feet
of product display area.
Intensive Agriculture 1 space per employee on the largest
work shift.
1.25 spaces per employee on the
largest work shift.
Agricultural Services 1 space per employee on the largest
work shift.
1.25 spaces per employee on the
largest work shift.
Community Garden None None
Market Garden 1 space per 300 square feet of retail
floor area
1.25 spaces per 300 square feet of
retail floor area
In
s
t
i
t
u
t
i
o
n
a
l
Indoor Institutional
Generally, 1 space per 3 expected
patrons at maximum capacity. See
Section 30-77(1) for specific
requirements.
1.25 spaces per 3 expected patrons
at maximum capacity
Outdoor Open Space
Institutional None None
Passive Outdoor Recreation
1 space per 4 expected patrons at
maximum capacity for any use
requiring over 5 spaces
1.25 spaces per 4 expected patrons
at maximum capacity
Active Outdoor Recreation
Generally, 1 space per 4 expected
patrons at maximum capacity. See
Section 30-77(4) for specific
requirements.
125% of the minimum parking
requirement in Section 30-77(4)
Essential Services None None
Large Scale Public Services
and Utilities
1 space per employee on the largest
work shift, plus 1 space per company
vehicle normally stored or parked on
the premises
1.25 spaces per employee on the
largest work shift, plus 1.25 spaces
per company vehicle normally
stored or parked on the premises
Community Living
Arrangement, 1-8 Residents
1 space per employee on the largest
work shift
1.25 spaces per employee on the
largest work shift
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 237 July 22, 2016
Land Use Minimum Number of Off-Street
Parking Spaces Required
Maximum Number of Off-Street
Parking Spaces Permitted
In
s
t
i
t
u
t
i
o
n
a
l
Community Living
Arrangement, 9-15 Residents
1 space per employee on the largest
work shift
1.25 spaces per employee on the
largest work shift
Community Living
Arrangement, 16+ Residents
1 space per employee on the largest
work shift
1.25 spaces per employee on the
largest work shift
Institutional Residential See Section 30-77(10) 125% of the minimum parking
requirement in Section 30-77(10)
Co
m
m
e
r
c
i
a
l
Office 1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Personal or Professional
Service
1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Indoor Sales or Service 1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Outdoor Display 1 space per 1,000 square feet of gross
outdoor floor area
1.25 spaces per 1,000 square feet of
gross floor area
Artisan Production Shop 1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Physical Activity Studio
1 space per every 3 persons at the
maximum capacity of the
establishment.
1.25 spaces per every 3 persons at
the maximum capacity of the
establishment.
Commercial Kitchen 1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Restaurants, Taverns, and
Other Indoor Commercial
Entertainment
1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Outdoor Commercial
Entertainment
1 space for every 3 persons at the
maximum capacity of the
establishment.
1.25 spaces per every 3 persons at
the maximum capacity of the
establishment.
Drive-Through and In-Vehicle
Sales or Service
Refer to the parking requirements of
the other land use activities on the
site, such as Indoor Sales and Service
land uses for a gas
station/convenience store, or Office
land uses for a bank.
125% of the minimum parking
requirement.
Group Daycare Center
1 space per 10 students, plus 1 space
for each employee on the largest
work shift.
1.25 spaces per 10 students, plus
1.25 space for each employee on the
largest work shift.
Commercial Animal
Boarding/Daycare
1 space per every 1,000 square feet of
gross floor area.
1.25 spaces per every 1,000 square
feet of gross floor area.
Bed and Breakfast
1 space per each bedroom in addition
to requirements for principal
residents.
1.25 spaces per each bedroom in
addition to requirements for
principal residents.
Vacation Rental Home 1 space per bedroom 1.25 spaces per bedroom
Commercial Indoor Lodging
1 space per room for rent, plus 1
space for each employee on the
largest work shift
1.25 spaces per room for rent, plus
1.25 spaces for each employee on
the largest work shift
Campground 2 spaces per campsite 2.5 spaces per campsite
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 238 July 22, 2016
Land Use Minimum Number of Off-Street
Parking Spaces Required
Maximum Number of Off-Street
Parking Spaces Permitted
Co
m
m
e
r
c
i
a
l
Indoor Maintenance Service 1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Outdoor Maintenance Service
1 space per 300 square feet of gross
floor area, or 1 space per each
employee on the largest shift,
whichever is less
1.25 spaces per 300 square feet of
gross floor area, or 1.25 spaces per
each employee on the largest shift,
whichever is greater
Vehicle Sales
1 space per 300 square feet of gross
floor area plus 1 space per every
3,000 square feet of outdoor display
1.25 spaces per 300 square feet of
gross floor area plus 1.25 spaces per
every 3,000 square feet of outdoor
display
Vehicle Service and Repair 1 space per 300 square feet of gross
floor area
1.25 spaces per 300 square feet of
gross floor area
Water-Related Recreation
Generally, 1 space per 4 expected
patrons at maximum capacity. See
Section 30-78(21) for specific
requirements.
125% of the minimum parking
requirement in Section 30-78(21.
Intensive Outdoor Activity 1 space per 5 expected patrons at
maximum capacity
1.25 spaces per 5 expected patrons
at maximum capacity
Mu
l
t
i
p
l
e
U
s
e
Apartments with Limited
Commercial Per each individual land use 125% of the minimum parking
requirement.
Live/Work Unit Per each individual land use 125% of the minimum parking
requirement.
Mixed Use Building Per each individual land use 125% of the minimum parking
requirement.
In
d
u
s
t
r
i
a
l
Light Industrial 1 space per each employee on the
largest work shift.
1.25 spaces per each employee on
the largest work shift.
Heavy Industrial 1 space per each employee on the
largest work shift.
1.25 spaces per each employee on
the largest work shift.
Indoor Food Production or
Production Greenhouse
1 space for every 1,000 square feet
of gross floor area
1.25 spaces for every 1,000 square
feet of gross floor area
St
o
r
a
g
e
Transit Center 1 space per 2,000 square feet of
gross floor area
1.25 spaces for every 2,000 square
feet of gross floor area
Outdoor Storage and
Wholesaling
1 space for every 10,000 square feet
of gross storage area, plus 1 space
per each employee on the largest
work shift.
1.25 spaces for every 10,000 square
feet of gross storage area, plus 1
space per each employee on the
largest work shift.
Personal Storage Facility 1 space for each employee on the
largest work shift.
1.25 spaces for each employee on
the largest work shift.
Tr
a
n
s
p
o
r
t
a
t
i
o
n
Transit Center To be determined by the City,
based on parking study Refer to parking study
Distribution Center 1 space per each employee on the
largest work shift
1.25 spaces per each employee on
the largest work shift.
Freight Terminal 1 space per each employee on the
largest work shift
1.25 spaces per each employee on
the largest work shift.
Airport
1 space per each employee on the
largest work shift, plus 1 space per
every 5 passengers based on average
daily ridership
1.25 spaces per each employee on
the largest work shift, plus 1.25
spaces per every 5 passengers based
on average daily ridership
Heliport None Per conditional use permit
Off-Site Parking Lot,
Off-Site Structured Parking N/A None, or as established by
conditional use permit
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 239 July 22, 2016
Land Use Minimum Number of Off-Street
Parking Spaces Required
Maximum Number of Off-Street
Parking Spaces Permitted
Ex
t
r
a
c
t
i
o
n
&
D
i
s
p
o
s
a
l
Extraction 1 space per each employee on the
largest work shift.
1.25 spaces per each employee on
the largest work shift.
Composting 1 space per each employee on the
largest work shift.
1.25 spaces per each employee on
the largest work shift.
Recycling and Waste Disposal 1 space per each employee on the
largest work shift.
1.25 spaces per each employee on
the largest work shift.
Salvage or Junkyard
1 space for every 20,000 square feet
of gross storage area, plus 1 space
for each employee on the largest
work shift
1.25 spaces for every 20,000 square
feet of gross storage area, plus 1.25
spaces for each employee on the
largest work shift
Sand and Mineral Processing 1 space per each employee on the
largest work shift.
1.25 spaces per each employee on
the largest work shift.
Te
l
e
c
o
m
.
Communication Tower None Established by conditional use
permit
En
e
r
g
y
Large Wind Energy System None Established by conditional use
permit
Large Solar Energy System None Established by conditional use
permit
Ac
c
e
s
s
o
r
y
Residential Accessory
Structure
None, except as required for the
principal land use
None, except as required for the
principal land use
Recreational Facility None, except as required for the
principal land use
None, except as required for the
principal land use
Landscape Feature None, except as required for the
principal land use
None, except as required for the
principal land use
Residential Kennel None, except as required for the
principal land use
None, except as required for the
principal land use
Home Occupation 1 space is required if there is a non-
resident employee
None, except as required for the
principal land use
In-Home Daycare 4-8
Children
None, except as required for the
principal land use
None, except as required for the
principal land use
In-Family Suite None, except as required for the
principal land use
None, except as required for the
principal land use
Farm Residence None, except as required for the
principal land use
None, except as required for the
principal land use
Migrant Employee Housing None, except as required for the
principal land use
None, except as required for the
principal land use
Nonresidential Accessory
Structure
None, except as required for the
principal land use
None, except as required for the
principal land use
Residential Stable None, except as required for the
principal land use
None, except as required for the
principal land use
On-Site Parking Lot N/A None, except as required for the
principal land use
On-Site Structured Parking N/A None, except as required for the
principal land use
Company Cafeteria None, except as required for the
principal land use
None, except as required for the
principal land use
Incidental Outdoor Display None, except as required for the
principal land use
None, except as required for the
principal land use
Incidental Indoor Sales
In addition to the requirements for
the principal land use, meet parking
requirements of Section 30-78(3).
125% of the minimum parking
requirement.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 240 July 22, 2016
Land Use Minimum Number of Off-Street
Parking Spaces Required
Maximum Number of Off-Street
Parking Spaces Permitted
Ac
c
e
s
s
o
r
y
Incidental Light Industrial Per Section 30-80(1). 125% of the minimum parking
requirement.
Incidental Outdoor Storage None, except as required for the
principal land use
None, except as required for the
principal land use
Satellite Dish None, except as required for the
principal land use
None, except as required for the
principal land use
Personal Antenna and Towers None, except as required for the
principal land use
None, except as required for the
principal land use
Communication Antenna None, except as required for the
principal land use
None, except as required for the
principal land use
Small Wind Energy System None, except as required for the
principal land use
None, except as required for the
principal land use
Small Solar Energy System None, except as required for the
principal land use
None, except as required for the
principal land use
Te
m
p
o
r
a
r
y
Temporary Moving Container None, except as required for the
principal land use
None, except as required for the
principal land use
Temporary Outdoor Storage
Container
None, except as required for the
principal land use
None, except as required for the
principal land use
Garage or Estate Sale None, except as required for the
principal land use
None, except as required for the
principal land use
Farmer’s Market 2 spaces per vendor None, except as required for the
principal land use
Temporary Farm Product
Sales 2 spaces per vendor None, except as required for the
principal land use
Temporary Outdoor Sales None, except as required for the
principal land use
None, except as required for the
principal land use
Temporary Outdoor
Assembly
None, except as required for the
principal land use
None, except as required for the
principal land use
Temporary On-Site
Construction Storage
None, except as required for the
principal land use
None, except as required for the
principal land use
Temporary Contractor’s
Project Office
None, except as required for the
principal land use
None, except as required for the
principal land use
Temporary On-Site Real
Estate Sales Office
None, except as required for the
principal land use
None, except as required for the
principal land use
Temporary Relocatable
Building
None, except as required for the
principal land use
None, except as required for the
principal land use
Note: Any partial parking space derived from the required calculations of this Section shall be rounded up to the next whole
number (e.g., 6.25 spaces will be rounded up to 7 spaces).
(7) Limit on the Number of Off-Street Parking Spaces Provided. No site plan may be approved for a
multi-family or nonresidential use which contains more than 125 percent of the development’s
minimum number of required parking spaces, except as granted through a conditional use permit. (See
Figure 30-175a for a summary of the minimum and maximum parking requirements by land use.)
Consideration of the following factors shall be given in considering a conditional use permit request:
(a) This provision shall not apply to lots in which less than 25 parking spaces are required.
(b) The proposed development has unique or unusual characteristics (such as high sales volume or
low parking turnover) which creates a parking demand that exceeds the maximum ratio and does
not typically apply to comparable uses.
(c) The lot is designed to allow for more intensive future site development.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 241 July 22, 2016
(d) Pedestrian and bicycle connectivity is provided through the lot and connects to adjacent local
and regional transit, pedestrian, and bicycle facilities.
(e) The need for additional parking cannot be reasonably met through provision of on-street or
shared parking with nearby uses.
(8) Parking Studies. The Director of Community Development, or designee, has the ability to require a
parking study to determine parking requirements. Where a parking study is required, the study shall
contain information on the anticipated number of employees, customers, visitors, clients, shifts,
events, or deliveries to the use, and may refer to other studies or similar situations elsewhere.
(9) Screening Requirements. The following requirements shall apply to all uncovered parking areas except
as otherwise provided for by this Section:
(a) Off-Street Parking Areas Abutting a Public Street.
1. Any off-street parking area shall provide a minimum 5-foot green area in the front yard
setback between the lot line and the paved surface of the parking lot. Plant material shall
consist of evergreen and deciduous species. The green area shall be well maintained and
plantings shall be promptly replaced if dead or diseased.
2. Non-planted areas of this green area shall not be paved, but shall either be covered with a
weed barrier and mulch, planted with ground cover, or both.
(b) Off-Street Parking Areas Abutting Residential Districts. Any off-street parking area shall provide
a solid fence, solid wall, or dense hedge/evergreen shrub border at least 5 feet high along all lot
lines abutting a residential district, except in required front yards. Where the parking area abuts
an alley, a 5-foot green area, as required in Subsection (a)1., above, may be substituted for the
required fence, wall, or hedge.
(c) Off-Street Parking Areas Abutting Other Off-Street Parking Areas.
1. Except for single family and two family dwelling units, any off-street parking area abutting
another off-street parking area shall provide a 5-foot minimum green area between the lot
line and the parking area. This green area shall be landscaped with a combination of shrubs,
trees, and ground cover.
2. Where either or both adjoining properties are less than 60 feet in width, parking areas on
either property which is less than 60 feet in width may be constructed to the lot line without
a parking area setback or green area required.
(d) Landscaping used to meet these requirements shall count toward the landscaping required for
paved areas in Article IX.
(10) Locational Prohibitions for Off-Street Parking Areas.
(a) On a lot containing a single family or two family dwelling unit, off-street parking shall not be
located between the principal structure and a street right-of-way, except within residential
driveways leading to a legal parking space.
(b) No private parking shall occur on street terraces, publicly-owned driveways, or any other areas
located within a public right-of-way.
(c) In the RMU district, parking is prohibited in the waterfront yard.
(11) Setbacks.
(a) The distance from an off-street parking area to the property line of an abutting property shall
meet the required setbacks for principal buildings.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 242 July 22, 2016
(b) In the SMU and UI districts, the parking area setback may be reduced to 5 feet from rear and
side property lines if a 5-foot landscaped buffer is provided and if any additional bufferyard
requirements are met.
(c) Existing parking areas that do not meet the requirements of this Chapter may be maintained or
repaired at their setback as of the effective date of this Chapter.
(12) Parking Space Design for Single and Two Family Uses.
(a) Legal Spaces.
1. Parking spaces must be provided either within a garage, in a driveway, or as uncovered
parking spaces meeting the requirements of this Section. See Figures 30-175b and 30-175c.
2. Driveway Parking Spaces. Driveways may be used for parking only when said driveway leads
to legal parking stalls. A driveway parking space may be used for no more than 1 required
parking space, provided that the space is at least 8 feet wide and 18 feet deep.
3. Uncovered Parking Spaces (Not Located in Driveways).
a. No more than 4 uncovered parking spaces shall be permitted per lot. Where no garage is
provided, a shed shall be provided per the requirements of Section 30-75(1)(d), Section
30-75(2)(d), Section 30-75(3)(e), and Section 30-75(4)(e).
b. Uncovered parking spaces shall meet principal structure setbacks and shall be screened
per Section 30-175(9). See Figures 30-175d and 30-175e.
c. Uncovered parking spaces shall be surfaced in accordance with this Chapter within 365
days of building permit issuance. If not dust-free during the permitted 365 days, a
Figure 30-175b: Covered Parking Requirements Figure 30-175c: Uncovered Parking Requirements
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 243 July 22, 2016
minimum aggregate base of 4 inches is required. Uncovered parking spaces shall follow
the surfacing requirements of Section 30-175(19).
d. On interior lots, 1 uncovered parking space is permitted alongside a garage provided said
space is not located between the building and the street or the building and the rear lot
line and provided said space meets the side setbacks for accessory structures established
in Article II. Parking spaces must be screened from view per Section 30-175(9). See
Figure 30-175d.
e. On corner lots, 1 uncovered parking space is permitted alongside the garage provided
said space is not located between the building and the street and provided said space
meets the side setbacks for accessory structures established in Article II. Parking spaces
must be screened from view per Section 30-175(9). See Figure 30-175e.
(b) Lots shall not exceed maximum the impervious surface ratio for the applicable zoning district.
(c) If no garage is provided, each dwelling unit shall provide one shed of no less than 80 square feet
in order to store yard maintenance equipment or other items typically stored in a garage.
(13) Parking Space Design for Single and Two Family Uses on Small Lots. Parking for single and two
family parcels less than 60 feet wide or less than 100 feet deep are regulated as follows:
(a) Driveway Parking Spaces.
1. Driveways shall be considered legal, “stacked” (meaning in front of one another) parking
spaces for all required stalls. A driveway parking space need not lead to a legal parking space.
2. Required parking spaces may be located in a driveway. There shall be no limit on the number
of driveway spaces, provided that each space is at least 8 feet wide and 18 feet deep.
(b) Off-street parking spaces on small lots may be stacked for the same building unit.
Figure 30-175d: Parking Beside Garage – Interior Lots Figure 30-175e: Parking Beside Garage – Corner Lots
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 244 July 22, 2016
(c) Except for driveways leading to legal parking spaces, parking is not permitted in the front yard.
(d) Driveway parking spaces are permitted with the following setbacks:
1. Front yard setback: no less than the setback of the front façade of the principal structure
2. Side yard setback between the front and rear façades of the principal structure: no less than 6
inches.
(e) Rear yard parking spaces are permitted with the following setbacks:
1. Side yard setback past the rear façade of the principal structure and the rear lot line: per the
side setbacks for accessory structures established in Article II
2. Rear yard setback: per the rear setbacks for accessory structures established in Article II
(f) Uncovered parking spaces situated beyond the rear façade of the principal structure must be
screened with a minimum of 5-foot tall vegetation, solid fencing, or other material that creates a
solid screen, impervious to sight from adjacent properties, excluding views from the side of the
lot where access is provided.
(g) Uncovered parking spaces shall follow the surfacing requirements of Section 30-175(19).
Uncovered parking spaces shall be constructed in accordance with this Chapter within 365 days
of construction. If not dust-free during the permitted 365 days, a minimum aggregate base of 4
inches is required.
(14) Off-Street Parking and Traffic Circulation Standards for Multi-Family and Nonresidential Uses.
(a) Circulation. The site shall be designed to provide for the safe and efficient movement of all
traffic entering, exiting, and circulating on the site. Circulation patterns shall conform to the
general rules of the road. All traffic control measures shall meet the requirements of the Manual
of Uniform Traffic Control Devices.
(b) Surfacing. All off-street parking and traffic circulation areas shall follow the surfacing
requirements Section 30-175(19).
(c) Drainage. All off-street parking and traffic circulation areas shall be designed in such a manner
so as to not have a negative surface water drainage impact on adjacent properties and to meet the
requirements of Chapter 14 of the City of Oshkosh Municipal Code.
(d) Marking. All off-street parking and traffic circulation areas shall be marked, striped, and
maintained in a clear and visible manner which clearly indicates parking spaces, pedestrian
walkways, and other designated areas.
(e) Curbing. A minimum 6-inch-high curb shall be installed around all parking areas and internal
landscape islands, except as follows:
1. Where bio-filtration and/or bio-retention methods of stormwater management are utilized
as part of an approved grading and drainage plan, alternatives to the installation of curbing
may be considered by the Department of Community Development, provided that measures
are taken to protect the landscaping from vehicular circulation damage.
2. For industrial uses within industrial zoning districts, curbing is only required adjacent to
buildings, planting islands, required front yards, and where necessary to prevent any part of a
vehicle from extending over or beyond any pedestrian paths or rights-of-way.
(f) Access.
1. Each off-street parking space shall open directly upon an aisle or driveway that is wide
enough to provide a safe and efficient means of vehicular access to the parking space
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 245 July 22, 2016
without directly backing or maneuvering a vehicle into any pedestrian way or arterial or
collector street.
a. Parking, loading, and traffic circulation areas serving less than 6 parking spaces may back
into local streets, but shall not back into collector or arterial streets. Refer to the traffic
control requirements of Section 30-172(10).
2. All off-street parking and traffic circulation facilities shall be designed with an appropriate
means of vehicular access to a street or alley, in a manner which least interferes with traffic
movements.
3. No driveway across public property or requiring a curb cut shall exceed a width of 40 feet at
the property line.
(g) Lighting. All off-street parking and traffic circulation areas serving 6 or more cars shall be lit to
ensure their safe and efficient use during evening hours. An illumination level between 0.4 and
1.0 foot-candles is recommended but shall not exceed the standards of Section 30-190.
(h) Signage. All signage located within, or related to, required off-street parking or traffic circulation
shall comply with the requirements of Article X.
(i) Landscaping and Screening. Parking lots shall meet the screening requirements of Sections 30-
175(9). Landscaping used to meet this requirement shall count toward the landscaping required
for paved areas in Article IX.
(j) Minimum Permitted Throat Length.
1. Refer to Chapter 25 of the City of Oshkosh Municipal Code to determine the minimum
permitted throat length of access drives serving parking lots as measured from the right-of-
way line along the centerline of the access drive.
2. In no case shall the throat length be less than the required setback.
(15) Parking Space Design Standards. Other than handicapped parking, permitted parking in residential
driveways, and where otherwise regulated in this Section, each off-street parking space shall comply
with the minimum requirements of Figure 30-175f. All parking spaces shall have a minimum vertical
clearance of at least 7 feet.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 246 July 22, 2016
Figure 30-175f: Parking Layout Dimensions
Parking Angle in Degrees
Minimum Permitted Dimensions 0 45 60 75 90
Stall Width at Parking Angle (SW) 9’ 9’ 9’ 9’ 9’
Stall Width Parallel to Aisle (WP) 22’ 12’6” 10’3” 9.3’ 9’
Stall Depth to Wall (D)1 9’ 18’ 18’ 18’ 18’
Stall Length (SL) 18.0’ 25.0’ 22.0’ 20.0’ 18.5’
Aisle Width for 1-way traffic flow (AW) 14’ 14’ 16’ 23’ 24’
Aisle Width for 2-way traffic flow with angled parking 24’ 24’ 24’ 24’ 24’
Throat Length (right-of-way to parking angle) (T)2 Refer to Chapter 25.
Notes:
1Stall Depth (D) may be reduced by 2 feet, provided vehicle overhang is located over a landscaped area or
pedestrian walk if said walk is oversized to provide a minimum of 5 feet of clear pedestrian access and a
concrete curb or wheel stop is provided to protect vegetation and pedestrians.
2In no case shall the throat length be less than the required setback.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 247 July 22, 2016
(16) Partial or Phased Development of Required Parking Spaces.
(a) Any development may seek permission from the Director of Community Development, or
designee, to phase-in a portion of its required parking at time of site plan review; however, the
site plan shall depict the minimum number of required parking spaces.
(b) Areas required for parking, but not immediately improved, shall be reserved for future parking.
(c) Undeveloped future parking areas shall be seeded with a grass mix or vegetative cover acceptable
to the Director of Community Development, or designee, until said area is developed into a
parking surface.
(17) Joint Off-Site Parking Facilities.
(a) Parking facilities which have been approved by the Director of Community Development, or
designee, to provide required parking for one or more uses shall provide a total number of
parking spaces which shall not be less than the sum total of the separate parking needs for each
use during any peak hour parking period when said joint parking facility is utilized at the same
time by said uses.
(b) Joint Use Parking Facility. Up to a 15 percent reduction in the number of required parking
spaces for 4 or more separate uses, 10 percent for 3 separate uses, and 5 percent for 2 separate
uses may be authorized by the Director of Community Development, or designee, following
approval of a plan which provides for a collective parking facility.
(c) Day-Night Use Parking Facility. The Director of Community Development, or designee, may
authorize the shared day-night use of parking facilities under the following conditions:
1. Up to 50 percent of the parking facilities by nighttime uses may be supplied by the off-street
parking facilities of daytime uses.
2. Up to 50 percent of the parking facilities of daytime uses may be supplied by the off-street
parking facilities of nighttime uses.
(d) The applicant(s) for approval of a joint or day-night use parking facility shall demonstrate to the
satisfaction of the Director of Community Development, or designee, that there is no substantial
conflict in the demand for parking during the principal operating hours of the uses for which the
joint parking facility is proposed to serve. Conditions required for joint use shall be as follows:
1. The building or use for which application is being made to utilize the off-street parking
facilities provided by another building or use shall be located within 1,000 feet of such
parking facilities.
2. A properly drawn legal instrument, executed by the parties concerned for joint use of off-
street parking facilities, duly approved as to form and manner of execution by the City
attorney, shall be recorded at the Register of Deeds. Said agreement shall cover a period of
no less than 30 years. Joint use parking privileges shall continue in effect only so long as such
an instrument, binding on all parties, remains in force. If such instrument becomes legally
ineffective, then parking shall be provided as otherwise required in this Chapter.
(18) Bicycle Parking Standards.
(a) Required provision of bicycle parking areas.
1. For all multi-family, commercial, institutional, and industrial uses, a minimum of 4 bicycle
spaces shall be provided.
2. For parking lots containing more than 40 automobile parking spaces, off-street bicycle
parking spaces shall be provided. The number of off-street bicycle parking spaces to be
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-175: Off-Street Parking and Traffic Circulation
Draft #6 248 July 22, 2016
provided shall be equal to 5 percent of the automobile parking space requirement or 20
bicycle parking spaces, whichever is less.
3. A nonresidential use’s automobile parking requirement may be reduced by providing
additional bicycle parking. After the bicycle parking requirement has been met, a minimum
of 4 bicycle parking spaces may be provided in lieu of 1 required automobile parking space,
with a maximum reduction of up to 5 automobile parking spaces.
(b) Specifications for Bicycle Parking Spaces.
1. The “inverted-U” type bike rack is the preferred bicycle parking rack and means of
providing off-street bicycle parking spaces as required in this Section, but all types of bicycle
parking racks are acceptable. One inverted-U type rack will count as 2 bicycle parking spaces.
2. All bicycle parking provided shall be on a hard-surfaced area and shall be set back from walls
and other objects so the bicycle rack is useable. Freestanding bicycle parking racks shall be
securely fastened to the ground.
3. Bicycle parking spaces shall be installed in conformance with setback requirements
applicable to automobile parking lots. The spaces shall be placed where bicyclists would
naturally transition to pedestrian mode. The placement of the racks shall not conflict with
pedestrians and motorized traffic.
(19) Surfacing.
(a) All off-street parking, loading, and traffic circulation areas shall be graded and surfaced so as to
be dust-free and properly drained and shall be paved with a hard, all-weather or other surface to
the satisfaction of the Director of Community Development, or designee. All driveways and
parking areas shall be surfaced with a minimum thickness of 3 inches of asphaltic concrete,
concrete, or any other surfacing over a minimum thickness of 4 inches of an aggregate base
material as approved by the Department of Public Works.
(b) The following shall be exempt from these surfacing requirements:
1. Driveways in the RH-35 district shall be exempt except for the first 20 feet of the driveway
closest to the right-of-way, which shall be hard surfaced.
2. All agricultural land uses (Section 30-76).
3. Enclosed and screened outdoor storage areas. When such uses are discontinued, the area(s)
shall comply with the surfacing requirements of Subsection (a), above, or shall be returned to
vegetative ground cover.
(20) Installation and Maintenance.
(a) Off-street parking and circulation areas and required screening and landscaping shall be
continuously maintained in good condition and appearance. Surfacing, lighting, barriers,
markings, planting materials, and all other aspects of the off-street parking and circulation facility
shall be repaired or replaced with new materials in compliance with the provision of this
Chapter.
(b) All off-street parking and traffic circulation areas shall be completed prior to building occupancy
and shall be maintained in a dust-free condition at all times, except for approved phased
development of parking spaces as provided for by Subsection (16), above. In no instance or
manner shall any off-street parking or traffic circulation area be used as a storage area, except as
provided for by Section 30-191.
(21) Limitations on Uses of All Off-Street Parking Areas.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-176: Off-Street Loading Standards
Draft #6 249 July 22, 2016
(a) All vehicles shall be in condition for safe and legal performance on public right-of-ways, be
registered, and display current license plates.
(b) Under no circumstances shall any vehicle or equipment be used as living quarters, except for
approved Campground land uses.
(c) Vehicles or equipment not normally associated with a residential use shall not be parked or
stored outdoors on a residential property. On a nonresidential property, such vehicles or
equipment shall not be parked or stored outdoors, except in areas identified on an approved site
plan for the purpose of heavy vehicle parking or an Outdoor Storage land use. Such vehicles or
equipment include but are not limited to:
1. Construction equipment such as bulldozers, backhoes, skid steers, and fork lifts
2. Dump and stake body style trucks
3. Cube type vans and trucks
4. Landscaping business equipment such as tractors, tree spades, graders, and scrapers
5. Semi-trailers and tractors
6. Concession, vending, and catering trailers
7. Commercial/industrial equipment trailers and lifts
8. Tow trucks, wreckers, or car carriers except for 1 light-duty tow truck (not a roll back, flat
bed, or carrier type) with a gross vehicle weight not exceeding 12,000 pounds may be parked
on a residential lot when on call, operating under the rotating call list established and kept by
the City of Oshkosh Police Department
9. Amusement rides and similar vehicles
(22) Limitations on Uses of Residential Off-Street Parking Areas. In residential districts and on lots
associated with residential uses, accessory off-street parking facilities shall be solely for the parking of
passenger vehicles, which shall be regulated as follows:
(a) A maximum of one commercial vehicle per dwelling unit may be parked outdoors on residential
property provided that the vehicle is used by a resident of the dwelling unit, has a manufacturer’s
gross vehicle weight rating of 10,000 pounds or less, and is less than 21 feet in length.
(b) No person shall park any motor truck, truck trailer, trailer, semitrailer or any other vehicle or
combination of vehicles weighing more than 10,000 pounds, except recreational vehicles or
motor homes are permitted if parked in a driveway or other legal off-street parking space.
(c) A recreational vehicle (RV) associated with and customary to residential uses may be parked as if
a passenger vehicle but shall not be utilized for the storage of goods, materials, or equipment
other than that which is considered part of the RV or essential to its function.
Section 30-176: Off-Street Loading Standards
(1) Purpose. The purpose of this Section is to promote the safety and general welfare of the public by
establishing minimum requirements for the provision of loading facilities on various sites.
(2) Applicability. All institutional, commercial, industrial, storage, and transportation land uses shall
provide off-street loading facilities in accordance with the regulations of this Section.
(3) Review and Approval. All developments and redevelopments will be reviewed for conformance with
this Section through the site plan review process (see Section 30-385).
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Sections 30-177 to 30-189: Reserved
Draft #6 250 July 22, 2016
(4) Depiction on Required Site Plan. Any and all required loading areas and trailer and container storage
areas proposed to be located on the subject property shall be depicted as to its location and
configuration on the site plan required for the development of the subject property.
(5) Location.
(a) Loading areas shall be located on the private lot and shall not be located within or interfere with
any public right-of-way while in use.
(b) Loading areas shall be located on the same lot as the use served.
(c) For development with a gross floor area of greater than 10,000 square feet, loading areas shall
not be located in a required front yard.
(d) Loading areas shall be located at least 50 feet from a residential district.
(e) Loading areas shall be located 25 feet or more from the intersection of 2 street right-of-way lines.
(f) In the BP and SMU zoning districts, no off-street loading areas shall be located on the sides of
buildings fronting onto U.S. Highway 41, Koeller Street, or Washburn Street, except if in the
opinion of the Director of Community Development, or designee, that no other location is
suitable for such purpose.
(6) Size of Loading Area.
(a) Structures of less than 10,000 square feet shall provide adequate receiving platforms or other
facilities located off an adjacent alley, service drive, or other open space on the same lot.
(b) Structures larger than or equal to 10,000 square feet but less than 20,000 square feet shall provide
an off-street loading space that is at least 10 feet wide and at least 25 feet long.
(c) Structures 20,000 square feet or larger shall provide an off-street loading space that is at least 10
feet wide and at least 50 feet long.
(7) Access to Loading Area. Each loading area shall be located so as to facilitate access to a public street or
alley, shall not interfere with other vehicular or pedestrian traffic, and shall not interfere with the
function of parking areas. In no instance shall loading areas rely on backing movements into public
rights-of-way while in use.
(8) Surface. All required loading areas shall follow the surfacing requirements of Section 30-175(19).
(9) Use of Required Loading Areas. The use of all required loading areas shall be limited to the loading
and unloading of vehicles. Loading areas shall not be used to provide the required number of parking
spaces.
(10) Lighting. All loading areas shall be lit to ensure their safe and efficient use during evening hours. An
illumination level between 0.4 and 1.0 foot-candles is recommended but shall not exceed the standards
of Section 30-190.
(11) Signage. All signage located within or related to loading areas shall comply with the requirements of
Article X.
Sections 30-177 to 30-189: Reserved
Section 30-190: Exterior Lighting Standards
(1) Purpose. The purpose of this Section is to provide illumination levels on sites for function and safety
as well as regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and
nearby land uses in the vicinity of a light source in order to promote traffic safety and to prevent the
creation of nuisances.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-190: Exterior Lighting Standards
Draft #6 251 July 22, 2016
(2) Applicability. The requirements of this Section apply to all exterior lighting within the jurisdiction of
this Chapter, except for lighting within public rights-of-way.
(3) Review and Approval. All developments and redevelopments will be reviewed for conformance with
this Section through the site plan review process (see Section 30-385).
(4) Depiction on Required Site Plan. Any and all exterior lighting shall be depicted as to its location,
orientation, and configuration on the site plan required for the development of the subject property.
(5) Exterior Lighting Requirements.
(a) In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear
shield) is visible from a property located within a residential zoning district. The use of shielded
luminaries and careful fixture placement is encouraged so as to facilitate compliance with this
requirement.
(b) Flashing, flickering and/or other lighting which may distract motorists are prohibited.
(c) Intensity of Illumination.
1. In no instance shall the amount of illumination attributable to exterior lighting, as measured
at the property line, exceed 0.50 foot-candles above ambient lighting conditions on a
cloudless night.
2. The maximum average on-site lighting in nonresidential zoning districts shall be 3.0 foot-
candles.
3. The maximum average on-site lighting in residential zoning districts shall be 1.0 foot-
candles.
4. The following exceptions shall be permitted.
a. The maximum average allowable on-site lighting of outdoor recreation facilities and
assembly areas is 4.0 foot-candles.
b. The maximum average on-site lighting of auto display lots and gas station pump islands
is 25.0 foot-candles, provided that lighting is dimmed to 3.0 foot-candles when business
is closed. All under-the-canopy fixtures shall be fully recessed.
5. Reflected glare onto nearby buildings, streets, or pedestrian areas is prohibited.
(d) Fixtures and Luminaries.
1. Outdoor lighting shall be full cut-off fixtures and downward facing and no direct light shall
transmit onto adjacent properties.
a. Exempt from this requirement are decorative light fixtures with frosted glass lamps, and
any fixtures using a light bulb with a factory-rated light output of 1,700 lumens or less,
including 100 watt incandescent bulbs and 100-watt-equivalent compact florescent
bulbs.
2. Light fixtures shall not be located within required bufferyards or required minimum
setbacks.
3. The color and design of fixtures shall be compatible with the building and public lighting in
the area, and shall be uniform throughout the entire development site.
4. The maximum fixture mounting height by zoning district shall be:
a. 16 feet in the SR-2, SR-3, SR-5, SR-9, DR-6, and TR-10 zoning districts
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-191: Exterior Storage and Screening Standards
Draft #6 252 July 22, 2016
b. 20 feet in the MR-12, MR-20, MR-36, MH-9, NMU, SMU, UMU, and CMU zoning
districts
c. 25 feet in the BP, UI, and HI zoning districts
5. All lighting fixtures existing prior to the effective date of this Chapter shall be considered
legal nonconforming fixtures.
(e) All areas designated on required site plans for vehicular parking, loading, or circulation and used
for any such purpose after sunset shall provide artificial illumination in such areas at a minimum
intensity of 0.4 foot-candles.
(6) Additional Lighting Requirements for Nonresidential Uses and Multi-Family Uses.
(a) Each exterior entrance to one or more dwelling units and garages shall have an exterior light
within 8 feet of the entrance.
(b) For residential uses, exterior lighting with automatic controls shall be provided so that the house
numbers are visible from the adjacent street and interior drive. For units with individual exterior
entrances, such lighting shall be provided so that the unit numbers are visible to pedestrians on
the sidewalk.
(c) Exterior lighting with automatic controls shall be provided for all sidewalks and parking areas to
provide safe travel between the parking areas and the building.
(d) Motion sensor lights shall be permitted, provided they are placed no higher than 16 feet above
ground level and provided they meet the requirements for outdoor lighting in Section 30-190.
(7) Additional Lighting Requirements for Intensive Outdoor Recreation Uses.
(a) Lighting shall be set to automatically shut off when there is no scheduled play and shall be
extinguished no later than 10 P.M. Lower light levels for off the field lighting may be provided
for an additional 1 hour for safe egress.
(b) The mounting height for light fixtures shall be no greater than one-fourth the distance to the
nearest property line from where the light fixture is located.
Section 30-191: Exterior Storage and Screening Standards
(1) Purpose. The purpose of this Section is to control the use of residential, office, and commercial
property for exterior storage so as to promote the safety and general welfare of the public. For
additional requirements relating to exterior storage for specific uses, refer to Article III.
(2) Applicability. The requirements of this Section apply to all development.
(3) Review and Approval.
(a) All developments and redevelopments will be reviewed for conformance with this Section
through the site plan review process (see Section 30-385).
(b) Outdoor Storage land uses shall meet the requirements of 30-81(2) and require a conditional use
permit.
(4) Requirements for Exterior Storage.
(a) Requirements for Exterior Storage in Mixed Use Zoning Districts.
1. In all mixed use zoning districts, all materials and equipment shall be stored within a
completely enclosed building except for the following: screened refuse containers,
construction materials, landscape materials, and related equipment connected within on-site
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-191: Exterior Storage and Screening Standards
Draft #6 253 July 22, 2016
construction. Materials related to construction and landscaping projects shall not be stored
outdoors after the completion of the project.
2. Such outdoor storage shall not be located within any front yard or required street yard
(except for vehicles in designated parking spaces). Outdoor storage shall conform to all
setback requirements or shall be located a minimum of 5 feet from all property lines,
whichever is more restrictive.
(b) Screening for storage land uses shall comply with the requirements of Section 30-81. Screening
for Incidental Outdoor Storage land uses shall comply with the requirements of Section 30-
86(18).
(c) Screening shall be well maintained.
(5) Exterior Storage of Refuse.
(a) Trash Cans Required near Entrances.
1. For multi-family, institutional, commercial, multiple use buildings, and industrial uses, each
building entrance shall include one covered trash can with a capacity of at least 15 gallons
and one smoking materials receptacle, or combination thereof.
a. Exceptions. For multifamily uses and multiple use buildings, this requirement shall only
apply to entrances that serve more than 2 units. For industrial uses, this requirement
shall only apply to visitor and customer entrances.
2. Said receptacles shall be decorative in design, designed for outdoor use, and made of metal,
wood, stone, or other material as approved by the Director of Community Development, or
designee.
(b) Refuse or Recycling Enclosures.
1. For multi-family, institutional, commercial, multiple use buildings, and industrial uses, all
exterior trash storage areas shall be located within an enclosure at least 6 feet in height that
completely screens the view of all trash and trash storage containers. The exterior of said
enclosure shall be constructed of solid wood or one or more of the materials used on the
exterior of the main building. A solid gate shall be used to gain access to the storage area;
said gate shall be constructed of an opaque material or interwoven slat fencing.
2. No exterior trash storage or dumpsters shall be located between a building and a public
street except if in the opinion of the Director of Community Development, or designee, no
other suitable location is available for such purpose, and provided the dumpster area is
developed in a manner so as to minimize its appearance from a public street.
(6) Mechanical Equipment and On-Site Utilities.
(a) Definition. Mechanical equipment is defined as devices installed for a use appurtenant to the
property, structures, or principal use. Mechanical equipment includes, but is not limited to,
HVAC equipment, transformers, gas and electric meters, utility-related equipment, exhaust fans
external to buildings, louvers, vents, and industrial process equipment. The following equipment
shall be exempt from screening requirements due to functional concerns: satellite dishes,
personal antennas and towers, industrial smoke stacks, and solar or wind energy systems.
(b) Applicability. The screening of mechanical equipment and utilities shall be required for all uses as
regulated in this Chapter, except for single family and two family dwelling units and those
exempted in other sections of the City of Oshkosh Municipal Code. Figure 30-191a addresses
the applicability of the screening requirements for various situations.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-191: Exterior Storage and Screening Standards
Draft #6 254 July 22, 2016
Figure 30-191a: Applicability of Mechanical Equipment Screening Requirements
Screening Requirements
Change or Improvement Construction Before
July 1, 1996
Construction On or
After July 1, 1996
Building Replacement Not required Required
Building Relocation Not required Required
Physical Building Addition
Required when single
or cumulative
additions exceed 50%
of the floor area of
original building
Required
Additional Mechanical Units to Existing
Buildings Not required Required
New Buildings N/A Required
(c) Figure 30-191b addresses the applicability of the screening requirements for commercial and
industrial uses in industrial and mixed use zoning districts. Existing uses shall mean uses that
were established prior to July 1, 1996.
Figure 30-191b: Mechanical Equipment Screening - Commercial and Industrial Uses
Use and District Screening Requirements
Existing industrial uses in UI and HI districts
– side yard, rear yard, and rooftop-mounted Screening not required
Existing industrial uses in UI and HI districts
– street yard Screening required
New commercial and industrial uses in NMU, SMU,
UMU, SMU, RMU, BP, UI, and HI districts Screening required
(d) Situations which change the status of a conforming mechanical equipment installation to
nonconforming status such as a change in zoning or establishment of a use shall be regulated as
set forth in Article V, Nonconforming Situations.
(e) Screening Design Standards for Ground-mounted Equipment. Ground-mounted mechanical
equipment must be hidden from view through the use of one or both of the following methods:
1. Earth berm(s) with evergreen landscaping at a combined height sufficient to fully screen the
equipment from the right-of-way or other users of the site.
2. A bufferyard with a minimum opacity of 0.4 that completely surrounds the equipment.
(f) Screening Distance.
1. Mechanical equipment is considered to be screened if it is not visible from any portion of
the adjacent street right-of-way or adjacent property lines as measured at a height of 5 feet
from the sidewalk/curb elevation or from the grade of the center line of the street if no
sidewalk or curb is present.
2. Exceptions can be made for elevated roads that are of a considerable higher grade from that
of the mechanical equipment, for drastic grade changes, or for other special circumstances as
determined by the Director of Community Development, or designee.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-192: Fencing Standards
Draft #6 255 July 22, 2016
(g) See Article VIII for requirements for building-mounted and roof-mounted mechanical
equipment.
(h) On-Site Utilities. All on-site utilities, including but not limited to electrical, telephone, and cable,
shall be installed as underground facilities. This shall apply to utilities running from the utility
easement or street right-of-way to structures and to utilities supplying service between structures.
Section 30-192: Fencing Standards
(1) Purpose. The purpose of this Section is to regulate the materials, location, height, and maintenance of
fencing, landscaping walls, and decorative posts in order to prevent the creation of nuisances and to
promote the general welfare of the public.
(2) Applicability. The requirements of this Section apply to all fencing, landscape walls, and decorative
posts for all land uses and activities.
(3) Review and Approval. Fences shall be reviewed and approved by the Director of Community
Development, or designee, and shall require a building permit, unless the proposed fence requires a
conditional use permit.
(4) Temporary Fencing. Permits are not required for temporary fencing. Temporary fencing shall be
permitted for the following purposes:
(a) The use of wood or plastic snow fences for the purposes of limiting snow drifting between
November 1 and April 1.
(b) The protection of excavation and construction sites and the protection of plants during grading
and construction, in association with an active building permit.
(5) Design and Materials.
(a) Materials.
1. Fences shall be constructed using the following materials:
a. Naturally resistant or treated wood
b. Brick or masonry
c. Natural stone
d. Wrought iron
e. Vinyl
f. Galvanized and/or coated chain link
g. Any other material of comparable quality as approved by the Director of Community
Development, or designee.
2. Rules Related to Specific Materials.
a. Permanent chicken wire fences or snow fences shall not be used with residential uses.
b. Non-corrugated, solid metal fences are permitted in the UI and HI zoning districts.
c. Wire mesh and non-coated/non-galvanized chain link fencing is not permitted within
front yards in the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-12, MR-20, MR-36, and
MH-9 zoning districts, except when used in conjunction with parks, schools, airports, or
other institutional uses.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-192: Fencing Standards
Draft #6 256 July 22, 2016
d. Barb wire fencing or similar security fencing shall be permitted only on the top of
security fencing when located at least 6 feet above the ground and shall be permitted
only in the I, UI, and HI districts. Such fences shall meet the setbacks for the principal
structure.
e. Coated chain link fences shall have a minimum 9 gauge thickness, and a top rail support
is required. Coated chain link fences shall not be permitted in front or street yards and
shall not extend toward the street beyond the front of the building.
(b) Design.
1. With the exception of fences used for required screening, any fence located in the front yard
shall be a maximum of 50 percent opaque, meaning that the spaces between the pickets are
equal to or greater than the width of the pickets. See Figure 30-192a.
2. A fence that includes pre-woven or interwoven privacy fence slats and that is at least 90
percent opaque shall be considered a solid fence.
3. Fences shall be architecturally compatible with the design and materials of the principal
building. Design details shall be substantially the same (but need not be identical) as those of
the principal building. Industrial uses shall be exempt from this requirement.
Figure 30-192a: Fencing Standards
(6) Height.
(a) Maximum Height. The maximum height of any fence panel, landscape wall, or decorative post
shall be the following:
1. In the SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-12, MR-20, MR-36, MH-9, I, and NMU
zoning districts:
a. 4 feet when located within the required or provided front yard or street yard, whichever
is closer to the street.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-192: Fencing Standards
Draft #6 257 July 22, 2016
b. 6 feet within the side yard or rear yard, but not in the required front yard or beyond the
front façade of the principal building.
c. Where permitted, barb wire fencing or similar security fencing on top of fences shall not
extend higher than 3 feet beyond the top of the fence.
2. In the RMU zoning district:
a. 4 feet when located within the required or provided waterfront yard or street yard,
whichever is closer to the water or street, as appropriate.
b. 6 feet within the side yard.
3. In the RH-35, SMU, UMU, CMU, BP, UI, and HI zoning districts:
a. 4 feet when located within the required or provided front yard or street yard, whichever
is closer to the street.
b. 8 feet within the side yard or rear yard, but not in the required front yard or beyond the
front façade of the principal building.
c. Where permitted, barb wire fencing or similar security fencing on top of fences shall not
extend higher than 3 feet beyond the top of the fence.
4. Height shall be measured from the ground immediately under the fence to the top rail of the
fence.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-192: Fencing Standards
Draft #6 258 July 22, 2016
(b) Height Exceptions.
1. Decorative posts at a minimum spacing of 24 inches may extend 8 inches above the
maximum height. See Figure 30-192b.
2. To accommodate slopes and/or lawn maintenance, up to 4 inches of ground clearance shall
be allowed which will not contribute to the measurement of maximum fence height.
3. Berms with slopes less than or equal to a minimum of 3 feet of horizontal to a maximum of
every 1 foot of vertical (i.e. 3:1) shall not contribute to the measurement of maximum fence
height.
Figure 30-192b: Fence Height and Exceptions
(7) Location.
(a) Fences must meet the visibility standards in Section 30-174.
(b) Fences may be located within or on any property line.
(c) Fences legally constructed prior to the effective date of this Chapter shall be permitted to be
replaced in their existing location.
(8) Orientation. Any and all fences, landscape walls, or decorative posts shall be erected so as to locate
visible supports and other structural components toward the subject property, i.e. with the finished
side facing outward.
(9) Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a
structurally sound and attractive manner.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Sections 30-193 to 30-219: Reserved
Draft #6 259 July 22, 2016
Figure 30-192c: Fencing Standards
Sections 30-193 to 30-219: Reserved
Section 30-220: Outdoor Recreational Space Requirements
(1) Outdoor Recreational Space Requirements for Multi-Family Uses.
(a) Each multi-family development containing 3 or more units shall provide an outdoor recreational
space suitable for outdoor recreation such as sitting, sunbathing, grilling, and playing catch. This
space could include a children’s play area. Outdoor recreational space can be provided at ground
level or other areas including but not limited to communal porches/decks, balconies, and
rooftop gardens.
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Section 30-221: Regulations for Vacant Buildings
Draft #6 260 July 22, 2016
1. The outdoor recreational space and/or children’s play area is encouraged to include picnic
tables, recreational equipment, and/or play equipment suitable for small children such as
sandboxes, swing sets, and play structures. This is intended to provide an equivalent level of
outdoor recreation equipment that would normally be available with a single or two family
dwelling.
(b) Multi-family uses located within the Central Mixed Use or Riverfront Overlay zoning districts are
encouraged to provide outdoor recreational space but are exempt from the requirement to
provide outdoor recreational space as regulated in this Section.
(c) Minimum Area. A minimum of 200 square feet plus 25 square feet per bedroom shall be
provided.
(d) Required outdoor recreational space shall be for the private use of residents and need not be
open to the public.
(2) Buildings shall be organized in relation to open spaces to create a balance of usable open space and
efficient circulating and parking. The requirements of this Section shall not override the establishment
of an orderly, positive, and urban character of the relationship of buildings to streets.
(3) Required outdoor recreational space may be divided into multiple distinct spaces, provided that no
single outdoor recreation space is smaller than 100 square feet or narrower than 10 feet in any
direction.
(4) The following will not count toward the total outdoor recreational space requirement:
(a) Areas in the required front or side yard setbacks.
(b) Areas within 2 feet of parking stalls (as measured from the face of the curb).
(c) Areas used for landscaping, stormwater infiltration, bicycle parking, trash and recycling storage,
or heating and cooling units.
(5) Required outdoor recreational space shall not count toward land dedication or fee in lieu of land
dedication requirements of the Subdivision Ordinance of the City of Oshkosh Municipal Code.
Section 30-221: Regulations for Vacant Buildings
(1) This Section shall apply to all buildings as of the effective date of this Chapter.
(2) Where any building is vacated because 100 percent of the residential or commercial use conducted
thereon is being terminated or relocated to a different building, the party that vacated the site shall not
impose limits on the type of reuse of the vacated site through conditions of sale or lease.
(3) With the exception of historic buildings and landmarks, any building that is completely vacated for any
reason shall be subject to the following provisions:
(a) The owner must file with the City a written statement as to the names, phone numbers, and
addresses for all persons who are in control of the property and building.
(b) The owner shall be required to meet the requirements defined below based on the amount of
time the building remains vacant:
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Sections 30-222 to 30-239: Reserved
Draft #6 261 July 22, 2016
Figure 30-221: Steps for Addressing Building Vacancy
Time Period Building is Vacant Requirement
1 Year of Vacancy
Install a fire department access box for annual fire inspection if the
Fire Department determines it is necessary. Remove signage per the
requirements of Section 30-313.
5 Years of Vacancy
The City will complete a comprehensive maintenance review of the
property and may require the property owner to meet the standards of
the Property Maintenance and Building Codes.
10 Years of Vacancy If the building is not maintained, the City may require the site to be
cleared of all improvements and returned to vegetative ground cover.
(c) Within the first quarter of each year of complete vacancy, the owner shall provide the Director
of Community Development, or designee, with a statement as to the condition of the building
and prospects for removal or re-occupancy of the building(s).
(d) At any time following complete vacancy, the City may utilize other enforcement options
available to it to ensure property maintenance and upkeep of the building and site such as
requiring the property owner to meet the standards of the Property Maintenance and Building
Codes.
(e) Occupancy of any portion of the building(s) and/or the exterior grounds for a period of less
than 90 consecutive days shall not be considered to remove the vacancy status of the building
under this Section.
Sections 30-222 to 30-239: Reserved
City of Oshkosh Zoning Ordinance Article VII: Performance Standards
Sections 30-222 to 30-239: Reserved
Draft #6 262 July 22, 2016
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City of Oshkosh Zoning Ordinance Article VIII: Exterior Building Design Standards
Section 30-240: In General
Draft #6 263 July 22, 2016
ARTICLE VIII: EXTERIOR BUILDING DESIGN STANDARDS
Section 30-240: In General
(1) Purpose. The purpose of this Section is to regulate the design and materials used for the exterior of
buildings and structures within the City so as to maintain and enhance the attractiveness and values of
property in the community. This Article is further intended to support the creation of a pedestrian-
oriented urban environment that emphasizes architectural and urban design principles of human scale
and visual interest. Additionally, this Article is intended to ensure the development of structures that
maintain a long-lasting appearance; withstand the effects of time and exposure to the elements; resist
damage in areas with high vehicular and pedestrian traffic and in areas where larger equipment that
could cause damage is commonly used; that maintain a consistent character of development based on
land use and zoning district particular to each development; and that contribute to the long-term
economic and social vitality of the City of Oshkosh.
(2) Applicability. Refer to Section 30-241 for the applicability of building design standards to single and
two family buildings.
(a) New Construction. The requirements of this Section shall apply to all structures and buildings
within the City constructed after the effective date of this Chapter.
(b) Additions.
1. All additions shall match or be substantially similar to the design and materials of the existing
building.
2. Additions to buildings constructed after the effective date of this Chapter shall comply with
the standards of this Section.
3. Buildings Constructed Prior to the Effective Date of this Chapter.
a. If additions to an existing building(s) constructed prior to the effective date of this
Chapter are less than or equal to 50 percent of the existing floor area of the building
(measured cumulatively from adoption of this Chapter), the standards contained herein
shall not apply but shall be regulated per Subsection (2)(b)1., above.
b. If additions to an existing building(s) constructed prior to the effective date of this
Chapter are greater than 50 percent of the existing floor area of the building (measured
cumulatively from adoption of this Article), the standards contained herein shall apply.
(c) Alterations. For buildings constructed prior to the effective date of this Chapter, alterations that
do not impact the floor area of the building shall comply with the standards of this Section, or
shall match or be substantially similar to the existing building design and materials. Ordinary
repairs and maintenance are not considered alterations.
(d) Exceptions and Appeals.
1. Exceptions. Exceptions to the building design standards set forth in this Section may be
granted by the Director of Community Development, or designee, to permit substitute
building materials or construction of comparable quality or design when it can be
demonstrated that the provisions of this Section are infeasible and that the granting of such
exception is in keeping with the purpose of this Section. Decisions rendered by the Director
of Community Development, or designee, may be appealed to the Plan Commission
2. Appeals. Any person affected by a decision of the Director of Community Development, or
designee, may petition for a hearing before the Plan Commission.
City of Oshkosh Zoning Ordinance Article VIII: Exterior Building Design Standards
Section 30-241: Single and Two Family Uses
Draft #6 264 July 22, 2016
3. Variances. The Plan Commission is authorized to grant variances from the strict application
of the building design standards within this Section when it is claimed that the intent of the
standards in this Section have been incorrectly interpreted, do not apply, or their
enforcement causes unnecessary hardship.
a. The procedure for the granting of variances by the Plan Commission shall be the same
as that required for variances in Section 30-411, with the exception that the Plan
Commission shall serve the role of the Zoning Board of Appeals.
b. When taking action, the Plan Commission shall make findings as described in Section
30-411(6)(a).
(e) Beyond the rules in this Section, additional building design standards may apply to:
1. Group and Large Developments (Section 30-171)
2. Conditional Use Permits
3. Planned Development Overlay Districts
4. Campus Overlay Districts
(3) Review and Approval. Through the building permit and/or site plan review process, the Department
of Community Development shall be responsible and have authority to hear, review, and act upon all
proposed exterior architectural plans for all proposed development.
(4) Exterior Building Materials. The 4 classes of building materials referenced in this Chapter have the
following meanings:
(a) Class I materials include brick, brick veneer, stone, stone veneer, and glass (curtain/storefront).
(b) Class II materials include split face or decorative block, EIFS, and stucco.
(c) Class III materials include architectural/decorative metal panels, residential aluminum siding, and
siding made of wood, wood composite, vinyl, or fiber cement.
(d) Class IV materials include smooth face or non-decorative block; concrete panels (tilt-up or
precast); asphaltic, fiberglass, metal, or poly-roofing siding; non-decorative metal panels;
corrugated metal; and plywood, chipboard, or other non-decorative wood.
Section 30-241: Single and Two Family Uses
(1) Purpose. The purpose of this Section is to maintain the basic architectural quality of residences within
the community, to minimize architectural and building construction practices that may detract from
the character and appearance of the neighborhood as a whole, and to ensure compatible design
between existing and new homes. These standards apply to all single and two family structures within
the City of Oshkosh, with the exception of Mobile Homes defined in Section 30-75(8).
(2) Existing Buildings: Windows and Doors.
(a) Existing window openings on the front façade including gables or the first 20 feet of the side
façade (extending from the front façade plane) shall be maintained and not be closed or filled
(totally or partially), except as provided for in Subsection 3., below.
1. If standard-sized replacement windows cannot fit into an existing window opening, a 10
percent variation in the height-to-width proportion for replacement windows is permitted.
2. Window relocation is permitted on a side façade if the replacement window is located within
the first 20 feet of the side façade (extending from the front façade plane) and is identical or
similar to the existing window in terms of size and style.
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3. Existing windows on side façades may be closed or filled if such windows are located in
rooms or areas of the home not typically expected to contain windows such as bathrooms,
closets, mechanical rooms, and stairwells.
(b) No existing window or door openings on any façade or gable end shall be boarded up.
1. Temporary closure shall be permitted for a period not exceeding 30 days to protect a broken
window, secure the property from storm damage, or to prevent unauthorized access.
(c) Existing door openings on front or the first 20 feet of the side façades shall not be closed or
filled.
1. Temporary closure shall be permitted for a period not exceeding 30 days.
2. Door openings may be relocated but shall remain on the same façade or another façade
fronting a public street.
(3) Existing Buildings: Porches, Balconies, Decks, and Patios.
(a) Porches may be constructed on any façade of a structure.
1. A minimum of 25 percent of the porch area shall be open or contain translucent window
and door openings so that no more than 75 percent of the porch area is enclosed by solid
walls.
(b) Decks, balconies, and patios shall be constructed only on a building’s rear or interior side
façades.
1. Lots with public alley frontage and double-fronted-through-lots shall be exempt from this
requirement.
2. Patios are permitted on a secondary street frontage of a corner lot if the patio faces a lake,
park, or other amenable feature of the neighborhood.
(c) Porches, decks, and patios that can be viewed from a public street shall include elements such
columns, posts, railings, and spindles/balusters. Porches, decks, and patios and shall be
constructed in cedar, cypress, redwood, or appropriate composite materials such as wood
sawdust or mineral composite/high density polyurethane plastic (HDPE), plastic, and pressure
treated lumber. Porches, decks, and patios may be constructed in decorative metal, wrought iron,
metal cable, or glass, if in keeping with the architectural style of the building, as determined by
the Director of Community Development, or designee.
1. Elements constructed in pressure-treated lumber shall be painted or stained after a curing
period of no greater than 18 months.
2. Spindles or balusters shall not be secured to the outside face of the deck or other supports
(including but not limited to, rails, rim joists, beams, or columns).
a. Fasteners that connect vertical components (spindles, balusters, posts, etc.) to horizontal
components (top or bottom rails) shall be concealed so that they are not visible from the
public right-of-way.
(d) Patios shall be constructed using brick, brick or stone pavers, or concrete.
1. Water permeable pavers are permitted.
2. Landscape treatments and berms may be used to elevate a patio to meet rear or side entrance
grades.
(4) Existing Buildings: Changes and Additions.
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Draft #6 266 July 22, 2016
(a) Changes to Existing Buildings. For the purposes of this Section, a change to an existing principal
structure is considered any alteration or demolition to the materials, wall plane, and/or
architectural features of any front or side façade.
(b) Front-loaded, Attached Garages. Front-loaded, attached garages shall comprise no more than 50
percent of the width of the ground floor building façade facing the street.
1. If the ground floor building façade facing the street is articulated (such as through the use of
recesses, projections, windows, balconies, or dormers), attached garages shall comprise no
more 70 percent of the width of the ground floor façade facing the street.
2. This requirement shall not apply to side-loaded, attached garages.
(c) Exterior Materials. The exterior materials used for new additions and changes shall be the same
materials or combination of materials as used on the original building.
1. New additions and changes may be constructed using alternative exterior materials if said
materials are complementary to the existing materials and tie the addition/change and the
original house together. Some material contrast is permitted, but the difference between new
and original materials shall be subtle. For example, if the original house is sided with wood
clapboard, then fiber cement or vinyl siding of a similar size and width would be suitable for
an addition.
2. The color(s) of materials used for new additions and changes shall match or be
complementary to the color(s) of the original structure.
3. Exterior patchwork, repair, or reconstruction that results in a multi-textured or multi-colored
effect or an appearance not consistent with the overall design character of the original
structure is not permitted.
4. Standing seam metal roofs shall be prohibited.
(d) Orientation. Additions to a principal structure and other changes that extend the building’s
footprint shall be placed on a rear façade, or side façade if rear is not practical, in order to have a
minimal impact on the overall scale and character of the original house.
1. New additions may be built with or without a setback from the front wall plane of the
original house.
2. An addition that extends beyond the front wall plane (or the street side wall plane on a
corner lot) of the original house is permitted, provided there is a lack of sufficient space in
the house’s rear or interior side yard, and provided the addition’s overall design matches or
complements the original home’s design.
(e) Height and Footprint.
1. Additions and changes that increase the building’s height shall not be taller than the principal
structure’s dominant or highest roof ridgeline and shall not overpower the principal
structure’s overall scale and massing, except as provided below.
a. An exception to the height standard can be made if the addition conforms and is
compatible with the principal structure’s overall architectural style and roof shapes and
becomes an integral part of the structure’s overall building form and design
2. An addition’s footprint shall not be more than 50 percent of the principal structure’s existing
footprint.
(f) Façades.
1. Changes and additions that create blank walls on any front or side façade are not permitted
City of Oshkosh Zoning Ordinance Article VIII: Exterior Building Design Standards
Section 30-241: Single and Two Family Uses
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2. A front façade must have a minimum of 25 percent of its wall space devoted to window or
door openings.
3. A street side or first 20 feet of the side façade (extending from the front façade plane) must
have a minimum of 15 percent of its wall space devoted to window or door openings.
a. This design standard shall not apply if said wall area is part of an attached garage.
(5) New Construction: Principal Structures on Infill Sites.
(a) Setbacks. Front yard setbacks for new principal structures shall be consistent and align with the
prevailing building setbacks found along the block and surrounding neighborhood, as follows:
1. The front yard setback of a new principal structure on an infill site shall be determined by
the existing front yard setbacks of the principal buildings on the 2 properties abutting the
subject property’s side yards. The front yard setback shall be no greater than the largest
setback of said abutting properties and shall be no less than the smallest setback of said
abutting properties.
a. If either or both said abutting properties are vacant, the minimum front yard setback of
the zoning district of the subject property shall be used.
b. If a new residential building is being constructed adjacent to an existing non-residential
use, the front yard setback of the new residential building shall be no greater than the
setback of the abutting residential property, or no less than the minimum front yard
setback of the zoning district of the subject property, whichever is less.
c. If a new residential building is being constructed between two existing non-residential
uses, the minimum front yard setback of the zoning district of the subject property shall
be used.
(b) Front-loaded, Attached Garages. Front-loaded, attached garages shall comprise no more than 50
percent of the width of the ground floor building façade facing the street.
1. If the ground floor building façade facing the street is articulated (such as through the use of
recesses, projections, windows, balconies, or dormers), attached garages shall comprise no
more 70 percent of the width of the ground floor façade facing the street.
2. This requirement shall not apply to side-loaded, attached garages.
(c) Exterior Materials.
1. The exterior materials used on the front and side façades shall be visually compatible with
those used on other buildings on the block and in the surrounding neighborhood.
2. Modern materials may be used provided they are suitable to the style and overall design of
the principal structure.
3. Exterior patchwork or reconstruction that results in a multi-textured or multi-colored effect
or an appearance not consistent with the overall design character of the structure is not
permitted.
4. Standing seam metal roofs shall be prohibited.
(d) Orientation.
1. A new principal structure, front façade, and primary entrance shall be oriented to the
primary street.
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Section 30-241: Single and Two Family Uses
Draft #6 268 July 22, 2016
2. On corner lots, the principal structure may be oriented to the side street provided it meets
the requirements for façades under Section (g), below.
3. Front entrances shall be identified by a stoop, entrance platform (with or without stairs), or
porch. Full front and wraparound porches that incorporate the front entrance are also
permitted.
(e) Height. The height of a new principal structure shall be compatible with those of surrounding
buildings.
1. The height of a new principal structure shall not exceed the height of the tallest single family
or two family dwelling immediately adjacent to the subject property by more than 1 story.
(f) Porches, Decks and Patios. Porches, decks, and patios for new construction on infill sites shall
meet the regulations for existing buildings in Subsection (3), above.
(g) Façades. Designs that result in blank walls on any front or side façade, are not permitted and
shall meet the regulations for existing buildings as outlined in Subsection (4)(f), above.
1. The requirement that the minimum first 20 feet of the side façade (extending from the front
façade plane) to have a minimum of 15 percent of its wall space devoted to window or door
openings shall not apply if said wall area is part of an attached garage.
(6) New Construction: Principal Structures in New Neighborhoods (Non-Infill Sites).
(a) Front-loaded, Attached Garages. Front-loaded, attached garages shall comprise no more than 50
percent of the width of the ground floor building façade facing the street.
1. If the ground floor building façade facing the street is articulated (such as through the use of
recesses, projections, windows, balconies, or dormers), attached garages shall comprise no
more 70 percent of the width of the ground floor façade facing the street.
2. This requirement shall not apply to side-loaded, attached garages.
(b) Exterior Materials.
1. New single family and two family dwelling units shall be clad in Class I, Class II, or Class III
materials.
2. Class IV materials are prohibited.
3. Standing seam metal roofs shall be prohibited.
(c) Orientation.
1. A new principal structure’s front façade and primary entrance shall be oriented to the
primary street.
2. On corner lots, the principal structure may be oriented to the side street provided it meets
the requirements for façades under Section (e), below.
3. Front entrances shall be identified by a stoop, entrance platform (with or without stairs), or
porch. Full front and wraparound porches that incorporate the front entrance are also
permitted.
(d) Porches, Decks and Patios. Porches, decks, and patios shall meet the regulations for existing
buildings in Subsection (3), above.
(e) Façades. Designs that result in blank walls on any front or side façade, are not permitted and
shall meet the regulations for existing buildings as outlined in Subsection (4)(f), above.
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Section 30-242: Multi-Family Uses
Draft #6 269 July 22, 2016
1. The requirement that the minimum first 20 feet of the side façade (extending from the front
façade plane) to have a minimum of 15 percent of its wall space devoted to window or door
openings shall not apply if said wall area is part of an attached garage
Section 30-242: Multi-Family Uses
These standards apply to all multi-family buildings and structures constructed after the effective date of
Chapter. These standards also apply to Apartments with Limited Commercial land uses.
(1) Exterior Materials. Multi-family buildings shall be clad in Class I, II or III materials. Class IV materials
are prohibited.
(a) Materials of comparable quality may be substituted for any class of material or be used as a
decorative element if the material can be removed or replaced with a permitted exterior material,
as determined by the Director of Community Development, or designee.
(b) Standing seam metal roofs shall be prohibited.
(2) Building Entrance.
(a) The primary entrance shall be on the front façade facing the street.
(b) The primary entrance shall be covered a minimum of 3 feet from the door. Recessed entries shall
be deemed to meet this requirement.
(c) Exterior entry doors for individual units shall be residential in style (and shall include frame and
panel (real or decorative).
(d) Exterior entry doors for multiple units may be residential (as described above) or commercial in
style (glass).
(3) Façade Articulation.
(a) Façade lengths shall not be greater than 40 feet without articulation such as:
1. Recesses or projections that step back or project a portion of the main façade plane.
2. Recesses or projections of upper floors from the ground floor façade plane.
3. Vertical division using different textures or materials.
4. Division of the façade into individual units through the use of windows, entrances, arcades,
porches, decks, balconies, lighting, etc.
5. Roof form variation such as the inclusion of dormers, change in roof lines, or change in roof
type.
(b) On façades facing the street, windows and/or doors shall be required in order to promote a
visual connection to the street.
1. The total area of windows and doors, including trim, shall comprise a minimum of 20
percent of the total façade area, excluding gables.
(4) Wall Details, Trim, and Windows.
(a) Exterior windows shall be appropriate to the architectural character of the building.
(b) All façade openings shall be articulated or appropriately trimmed through the use of materials
such as lintels, sills, surrounds, shutters, etc.
(c) Natural wood shall be painted or stained unless it is cedar, redwood or other naturally weather-
resistant species intended to be exposed.
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(d) Pressure-treated lumber shall be painted or stained after a curing period of no greater than 18
months.
(5) Patios, Decks, and Balconies.
(a) Ground-level patios and decks facing the street shall be bordered with landscape treatments.
1. Covered porches are exempt from this requirement.
(b) Exterior stairs leading to a deck or balcony are not permitted on the front or street side of a
building.
1. On corner lots, exterior stairs shall be permitted on the interior side façade.
(c) Exterior corridors shall be covered by the building roof, shall be located within the footprint of
the building foundation, and shall not be visible from the street.
(d) Upper-story decks and balconies shall be cantilevered, supported by vertical columns, or
supported from above.
(6) Mechanical and Exterior Building Systems.
(a) Drainage pipes on exterior walls shall match or be complementary to the color of the roof and
wall onto which they are mounted.
(b) Air intakes and exhaust vents for high-energy gas appliances and meters shall not be permitted
on any façade that faces a public street, unless they are screened or if they match the color of the
façade on which they are located.
(c) Building-mounted Equipment.
1. Window-mounted air conditioning units shall not be permitted in any window that faces a
public street.
a. When no alternative is available, units shall be masked (painted, encased, etc.) in order to
blend into the building’s exterior finish and shall be flush-mounted so as not to project
beyond the main plane of the façade more than necessary.
2. Building-mounted equipment installed on the façade visible from an adjacent public right-of-
way or residential district must be disguised with screening that is:
a. Architecturally compatible with the primary structure to which the equipment is
attached. Screening materials shall be identical to or substantially similar to the materials
used on the building façade to which the equipment is attached.
b. Incorporated as part of the building wall and/or flush-mounted so as not to project
beyond the main plane of the façade.
c. Consistent with the color of the structure to which the equipment is attached.
(d) Roof-mounted Equipment. Roof-mounted equipment shall be screened, preferably by parapet
walls. Other acceptable screen types shall be:
a. Architecturally compatible with the primary structure to which the equipment is
attached. Screening materials shall be identical to or substantially similar to the materials
used on the building façade to which the equipment is attached.
b. Consistent with the color of the structure to which the equipment is attached.
c. Designed to be an integral part of the building’s architectural design and give the
impression that it is something other than a mechanical screen.
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Section 30-243: Commercial Uses and Mixed Uses
Draft #6 271 July 22, 2016
(e) See Section 30-191(6) for screening requirements for ground-mounted mechanical systems.
(7) Wall or Roof-Mounted Lighting.
(a) Full cutoff light fixtures are required.
(b) The design, color, height, location, and light quality of all on-building light fixtures shall be
consistent throughout the entire site, unless the building is divided into individual components;
in such case, all on-building light fixtures shall be consistent within each individual component.
(c) All entrances shall be lit after sunset. The minimum illumination at each entrance shall be 1.0
foot-candles.
Section 30-243: Commercial Uses and Mixed Uses
These standards apply to all commercial and structures constructed after the effective date of Chapter. These
standards also apply to Mixed Use Building and Live/Work Unit land uses.
(1) Orientation.
(a) Buildings are encouraged to be oriented so that the front façade faces the road with the highest
traffic volumes.
(b) Façades facing the road with the highest traffic volumes shall be designed to have the appearance
of a front façade and shall include windows, doors and/or other architectural components
typically associated with front façades, as approved by the Director of Community Development,
or designee.
(c) Service or loading areas shall not be permitted between the building and the public street.
(d) Drive-through windows shall not be located between the building and the public street.
(2) Façade Articulation.
(a) Façade lengths shall not be greater than 70 feet without articulation such as:
1. Division of the façade into individual components (i.e., storefronts, distinct uses) through
the use of architectural elements such as porches, balconies, windows, covered entrances,
arcades, awnings, marquees, lighting, signage, etc.
2. Recesses or projections that step back or project a portion of the main façade plane.
3. Recesses or projections of upper floors from the ground floor façade plane.
4. Vertical division using different textures or materials.
5. Roof form variation such as the inclusion of dormers, change in roof lines, or change in roof
type.
(b) Buildings shall be designed to provide interest and variety. Flat, unadorned walls shall be
avoided. Each façade of a building shall include at least 1 design element to break up the flatness
of blank walls and shall at a minimum include varied materials or colors, change in texture,
expressed joints and details, or surface relief.
1. Additional elements used to break up the façade may include balconies, lintels, sills, headers,
belt courses, reveals, pilasters, windows, chimneys, and other ornamental features as deemed
appropriate by the Director of Community Development or designee.
(3) Exterior Materials. Commercial buildings shall be predominately clad in Class I materials. Class II and
Class III materials may be used as accents and trim not to exceed 50 percent of the total building
façade. Class IV materials are prohibited.
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Section 30-243: Commercial Uses and Mixed Uses
Draft #6 272 July 22, 2016
(a) Rear building elevations not facing a public street or public parking lot shall be exempt from this
requirement.
(b) Materials of comparable quality may be substituted for any class of material or be used as a
decorative element if the material can be removed or replaced with a permitted exterior material,
as determined by the Director of Community Development, or designee.
(4) Building Entrance.
(a) The main entrance shall be clearly defined and accentuated through the use of detailing,
distinctive materials, and/or colors, projections or recesses, porticos, covered entrances, stoops,
or other features as deemed appropriate by the Director of Community Development, or
designee.
(5) Mechanical and Exterior Building Systems.
(a) Drainage pipes on exterior walls shall match or be complementary to the color of the roof and
wall onto which they are mounted.
(b) Air intakes and exhaust vents for high-energy gas appliances and meters shall not be permitted
on any façade that faces a public street.
(c) Building-mounted Equipment.
1. Window-mounted air conditioning units shall not be permitted in any window that faces a
public street.
a. When no alternative is available, units shall be masked (painted, encased, etc.) in order to
blend into the building’s exterior finish and shall be flush-mounted so as not to project
beyond the main plane of the façade.
2. Building-mounted equipment installed on the façade visible from an adjacent public right-of-
way or residential district must be disguised with screening that is:
a. Architecturally compatible with the primary structure to which the equipment is
attached. Screening materials shall be identical to or substantially similar to the materials
used on the building façade to which the equipment is attached.
b. Incorporated as part of the building wall and/or flush-mounted so as not to project
beyond the main plane of the façade.
c. Consistent with the color of the structure to which the equipment is attached.
(d) Roof-mounted Equipment. Roof-mounted equipment shall be screened, preferably by parapet
walls.
a. Screening shall be architecturally compatible with the primary structure to which the
equipment is attached. Screening materials shall be identical to or substantially similar to
the materials used on the building façade to which the equipment is attached.
b. Equipment shall be consistent with the color of the structure to which the equipment is
attached.
c. Screening shall be designed to be an integral part of the building’s architectural design
and give the impression that it is something other than a mechanical screen.
(e) See Section 30-191(6) for screening requirements for ground-mounted mechanical systems.
(6) Wall or Roof-Mounted Lighting.
(a) Full cutoff light fixtures are required at each entrance.
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Section 30-244: Industrial Uses
Draft #6 273 July 22, 2016
(b) The design, color, height, location, and light quality of all on-building light fixtures shall be
consistent throughout the entire site, unless the building is divided into individual components;
in such case, all on-building light fixtures shall be consistent within each individual component.
(c) All entrances shall be lit after sunset. The minimum illumination at each entrance shall be 1.0
foot-candles.
Section 30-244: Industrial Uses
(1) Architectural Design.
(a) Buildings shall be designed to provide interest and variety; flat, unadorned walls shall be avoided.
(b) Buildings shall be oriented so as to face the road with the highest traffic volumes. This
requirement shall not apply to buildings with frontage on state or federal highways, unless there
is direct access from the development to the highway. POLICY QUESTION
1. If a visitor, office, and/or customer entrance component is included in the building, such
space(s) shall be clearly defined and accentuated through the use of detailing, windows,
distinctive materials and/or colors, projections or recesses, or other architectural features as
deemed appropriate by the Director of Community Development, or designee.
(2) Exterior Materials. Industrial buildings shall be clad in Class I, II or III materials. Certain Class IV
materials are also acceptable as noted. POLICY QUESTION
(a) For all façades facing a public street, a minimum of 15 percent of the façade shall be composed
of Class I building materials.
1. This requirement may be reduced to 10 percent of the façade provided that other elements
are incorporated into the building and site design, such as façade articulation, increased
landscaping, or other improvements approved by the Director of Community Development,
or designee.
(b) Smooth-faced/non-decorative block may be used if enhanced on all elevations with Class I or II
materials in combination with decorative fascia, overhangs, trim, lintels, sills, headers, belt
courses, reveals, pilasters, windows, chimney, or other architectural features as deemed
appropriate by the Director of Community Development, or designee. In such cases, Class I or
II materials amount to more than 15 percent of each façade.
(c) Concrete panels (tilt-up/precast) may be used if they are part of a palette of permitted materials
or if they incorporate horizontal and vertical articulation including, but not limited to, changes in
color or texture.
(d) Non-decorative metal panels may be used if enhanced on all elevations with Class I or II
materials in combination with decorative fascia, overhangs, trim, lintels, sills, headers, belt
courses, reveals, pilasters, windows, chimney, or other architectural features as deemed
appropriate by the Director of Community Development or designee. In such cases, Class I or
II materials amount to more than 15 percent of each façade.
1. In the RH-35, UI and HI zoning districts, visible exterior fasteners shall be the same color as
the attached wall for any principal or accessory building visible from a public street.
2. In all other zoning districts, exterior wall fasteners shall be fully concealed from view.
(e) Materials of comparable quality may be substituted for any class of material or be used as a
decorative element if the material can be removed or replaced with a permitted exterior material,
as determined by the Director of Community Development, or designee.
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Section 30-245: Special Areas
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(3) Mechanical and Exterior Building Systems. POLICY QUESTION
(a) Applicability. See Section 30-191(6) to determine whether screening is required.
(b) Drainage pipes on exterior walls shall match or be complementary to the color of the roof and
wall onto which they are mounted
(c) Building-mounted Equipment.
1. Building-mounted equipment installed on the façade visible from an adjacent public right-of-
way or residential district must be disguised or screened in one of the following ways:
a. Architecturally compatible with the primary structure to which the equipment is
attached. Screening materials shall be identical to or substantially similar to the materials
used on the building façade to which the equipment is attached.
b. Incorporated as part of the building wall and/or flush-mounted so as not to project
beyond the main plane of the façade.
c. Consistent with the color of the structure to which the equipment is attached.
(d) Roof-mounted Equipment. Roof-mounted equipment visible from an adjacent public right-of-
way or residential district shall be screened, preferably by parapet walls. Other acceptable screen
types shall be:
a. Architecturally compatible with the primary structure to which the equipment is
attached. Screening materials shall be identical to or substantially similar to the materials
used on the building façade to which the equipment is attached.
b. Consistent with the color of the structure to which the equipment is attached.
c. Designed to be an integral part of the building’s architectural design and give the
impression that it is something other than a mechanical screen.
Section 30-245: Special Areas
(1) Central Mixed Use District (CMU) Design Standards. See Section 30-54 for additional
requirements for this district.
(a) Purpose. This district is intended to implement the urban design recommendations of the
Comprehensive Plan, by preserving and enhancing the historical quality of the downtown, and
by attaining a consistent visually pleasing image for the downtown area, as defined by the
mapped boundaries of the Central Mixed Use District.
(b) Applicability. The regulations of this Section shall apply to new development and changes to the
exterior of any building within the mapped boundaries of the Central Mixed Use District.
(c) Review and Approval.
1. There are three categories of review in this district:
a. Project Review (renovation of the exterior appearance of a property such as repainting,
re-roofing, residing or replacing with identical colors, finishes, and materials)
b. Design Alteration Review (change only in the exterior appearance of a nonresidential
or multi-family property such as painting, roofing, siding, architectural component
substitution, fencing, paving, or signage)
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Section 30-245: Special Areas
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c. Renovation Review (modification to the physical configuration of a property such as
the erection of a new building, the demolition of an existing building, or the addition or
removal of bulk to an existing building)
2. Plan Commission review and approval may be required. The three categories and procedural
requirements for review and approval are described fully in Section 30-386.
3. Design standards for changes meeting the criteria for Project Review are found in Section
30-245(1)(e), below. Design standards for changes meeting the criteria for Design Alteration
Review or Renovation Review are found in Section 30-245(1)(f), below.
4. Designated Historic Structures. These regulations are separate and in addition to
requirements related to changes to Local, State, and National Landmarks and properties, and
as regulated by the Historic Preservation Ordinance (Section 30-___). Prior to taking action,
the Plan Commission shall consult with the Landmarks Commission for all properties
designated as historic, contributing to a historic district, or considered by a study or survey
to be eligible for listing on a local, state, or national register.
(d) Design Theme: The design theme for the Central Mixed Use District is based on its historical,
pedestrian-oriented development pattern that incorporates retail, residential, and institutional
uses. Building orientation and character includes minimum setbacks at the edge of the sidewalk,
multi-story structures, use of alleys for access, and on-street or other off-site parking. The design
theme is characterized by a variety of architectural styles popular at the time, including Italianate,
Romanesque, and Neoclassical, in a 2- or 3-story format with office, storage, or residential
located over commercial. The façades of these buildings have a traditional main street storefront
appearance, are relatively small in scale, have street yard and side yard setbacks of zero feet, have
prominent horizontal and vertical patterns formed by regularly spaced window and door
openings, detailed cornice designs, rich detailing in masonry coursing, window detailing and
Figure 30-171a: Architectural Components
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ornamentation, and are predominately brick, stone, or wood. Exterior building materials are of
high quality. Exterior appurtenances are minimal. Exterior colors are harmonious, simple, and
muted. Exterior signage blends, rather than contrasts, with buildings in terms of coloring
(complementary to building), location (on-building), size (small), and number (few).
(e) Design Standards for Project Review (New Construction, Building Additions, and Building
Alterations).
1. The design standards contained in this Subsection shall apply to all changes meeting the
criteria for Project Review (including all new buildings, building additions, and new building
appurtenances). Such activities shall correspond to the following:
a. Urban design guidelines as determined by the Plan Commission and as evidenced by
certain existing structures within the Downtown.
b. The following requirements for building setback; height; building mass; horizontal
rhythms (created by the placement and design of façade openings and related elements
such as piers, columns); vertical rhythms (created by the placement and design of façade
details such as sills, transoms, cornices and sign bands); roof forms; exterior materials;
exterior surface features and appurtenances; exterior colors; exterior signage; on-site
landscaping; exterior lighting; parking and loading area design; and the use of screening.
2. Building Setback. Throughout the district, the setback of buildings from street yard and side
yard property lines shall be compatible with existing buildings in the immediate area which
conform to the design theme described in Subsection (d) above, as determined by the Plan
Commission.
3. Building Height.
a. Throughout the district, the height of buildings shall be compatible with existing
buildings in the immediate area which conform to the design theme described in
Subsection (d)(1) above, as determined by the Plan Commission.
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b. Buildings shall not be more than 2 stories taller than the height of a building of similar
use on one of the immediately adjoining properties. See Figure 30-171b. Taller building
heights may be approved by conditional use permit.
4. Building Mass.
a. Throughout the district, the mass of buildings shall be compatible with existing
buildings in the immediate area which conform to the design theme described in
Subsection (d)(1) above, as determined by the Plan Commission.
b. The characteristic proportion (relationship between façade height and width) of the
design theme shall be maintained.
c. Building mass for large structures (with a façade area exceeding 5,000 square feet) shall
be disguised through the use of façade articulations, or through the use of exterior
treatments which give the impression of directly adjoining individual buildings, as
determined by the Plan Commission.
5. Horizontal Rhythms. The horizontal pattern of exterior building elements formed by
patterns of building openings for windows and doors, and related elements such as piers and
columns shall be spaced at regular intervals across all visible façades of the building, and
shall be compatible with those of existing buildings in the immediate area which conform to
the design theme described in Subsection (d)(1) above, as determined by the Plan
Commission.
6. Vertical Rhythms. The floor heights on main façades shall appear visually in proportion to
those of adjoining buildings. The rhythm of the ground floor shall harmonize with the
rhythm of upper floors. The vertical pattern of exterior building elements formed by
patterns of building openings for windows and doors, and related elements such as sills,
headers, transoms, cornices and sign bands shall be compatible in design and elevation with
Figure 30-171b: Building Height Example
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those of existing buildings in the immediate area which conform to the design theme
described in Subsection (d)(1) above, as determined by the Plan Commission.
7. Roof Forms. Flat or gently sloping roofs which are not visible from the street shall be used.
Mansards or other exotic roof shapes not characteristic of the design theme described in
Subsection (d)(1) above, as determined by the Plan Commission, shall not be used. See
Figure 30-171c.
8. Exterior Materials. Selected building materials shall be compatible with those of existing
buildings in the immediate area which conform to the design theme described in Subsection
(d)(1) above, a determined by the Plan Commission.
a. Masonry. Stone or brick facing shall be of even coloration and consistent size. Cinder
block, concrete block, concrete slab, or concrete panel shall not be permitted.
b. Siding.
i. Wood, thin board texture vinyl, fiber cement, or textured metal clapboard siding
may be appropriate, particularly if the proposed non-masonry exterior was used on a
building which conforms to the design theme described in Subsection (d)(1) above,
as determined by the Plan Commission.
ii. In certain instances clapboard, board and batten may be in keeping with the design
theme.
iii. Class IV materials are prohibited.
c. Glazing. Clear, or slightly tinted glass or related glazing material shall be used. Mirrored
glass, smoked glass, or heavily tinted glass shall not be permitted, unless needed in a
special situation as determined by the Plan Commission.
9. Exterior Surface. Exterior surface appurtenances shall be compatible with those of existing
buildings in the immediate area which conform to the design theme described in Subsection
(d)(1) above, as determined by the Plan Commission.
Figure 30-171c: Roof Forms
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a. The traditional storefront design theme (characterized by strong horizontal and vertical
rhythms formed by building openings, windows, and transom windows) shall be
employed for all new nonresidential buildings. Ground floors consisting entirely of
residential or office uses shall be exempt from this requirement.
b. Throughout the district, avoid cluttering building façades with brackets, wiring, meter
boxes, antennae, gutters, downspouts and other appurtenances. Unnecessary signs shall
also be avoided. Where necessary, such features shall be colored so as to blend in, rather
than contrast, with the immediately adjacent building exterior. Extraneous
ornamentation which is inconsistent with the design theme described in Subsection
(d)(1) above, as determined by the Plan Commission, is also prohibited.
10. Awnings and Marquees. Awning and marquee size, color and placement shall complement
the architectural character of the building, as determined by the Plan Commission.
a. Soft, weather-treated canvas or vinyl materials which allow for flexible or fixed
installation shall be used for awnings.
b. Aluminum or suspended metal canopies shall be prohibited.
c. Signage applied to awnings shall be simple and durable.
d. Backlit awnings are prohibited.
11. Exterior Lighting. On-building exterior lighting shall be compatible and harmonious with the
design theme described in Subsection (d)(1) above, as determined by the Plan Commission.
a. On-Building Lighting. The design, color, height, location, and light quality of all on-
building light fixtures shall be consistent for all light fixtures.
b. Ground-Mounted Lighting. The design, color, height, location and light quality of
ground-mounted lighting shall be consistent with the design theme described in
Subsection (d)(1) above, as determined by the Plan Commission.
12. Signage. All signage existing upon the adoption date of this Ordinance, which does not
comply with the standards of Article X: Signage, may be continued as long as it is well
maintained.
a. The maintenance of such legal nonconforming signs shall be limited to repair of the sign
structural or lighting elements, and to the repainting or replacement of the sign face with
identical new material, and original appearance.
b. Should a change in material or original appearance be desired, the legal nonconforming
sign shall be removed.
c. Sign size, color and placement shall complement the architectural character of the
building, as determined by the Plan Commission.
13. Cleaning. Structural components and exterior materials shall be cleaned when necessary, and
with only the gentlest possible methods.
a. Low-pressure water, steam cleaning, and soft natural bristle brushes are permitted.
b. Sandblasting and power washing (more than 400 psi) are prohibited.
c. Other methods shall be pre-approved by the Plan Commission.
(f) Design Standards for Design Alteration Review and Renovation Review (Changes to the
Exterior Appearance of a Property).
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1. Applicability. The design standards contained in this Subsection shall apply for the following
changes to the exterior of a property:
a. All changes meeting the criteria for Design Alteration Review (including painting,
roofing, siding, architectural component substitution, fencing, paving, and signage)
b. All changes meeting the criteria for Renovation Review (including repainting, re-roofing,
residing, or replacing with identical colors, finishes, and materials)
c. Any other instance in which existing construction is proposed for rehabilitation and/or
restoration. (New projects, building additions, and new appurtenances and features shall
comply with the Design Standards of Subsection (e), above.)
2. In General. Buildings shall be restored relying on physical evidence (such as photographs,
original drawings, and existing architectural details) as much as possible, in keeping with the
design theme described in Subsection (d)(1) above, as determined by the Plan Commission.
3. Exterior Materials and Surface Features. Materials and features identical to the original
exterior materials and surface features shall be used. If replacement with identical materials
and features is not possible, other features and materials may be used, provided they are
compatible with the design and style of the building, as determined by the Plan Commission.
a. Where such knowledge is lacking, materials and features in common use at the time of
building erection shall be used.
b. Significant architectural features, including cornices, moldings and coursings shall be
preserved or replaced with identical features and materials where possible.
4. Windows and Doors. The size, proportion, and rhythm of original windows and doors shall
not be altered.
a. Original window and door openings shall not be blocked. Where now blocked, blocked
window and door openings shall be restored where possible.
b. Window and door features, including lintels, sills, architraves, shutters, pediments, hoods
and hardware, shall be preserved where possible.
i. If preservation is not possible, as determined by the Plan Commission, window and
door features shall be replaced with identical features and materials. If replacement
with identical features and materials is not possible, other features and materials may
be used, provided they are compatible with the design and style of the building, as
determined by the Plan Commission.
ii. Dark frames (i.e. anodized bronze) shall be used to replace storefront and upper
story windows.
iii. Clear aluminum finishes and mill finish aluminum storm windows are prohibited.
iv. If shutters are proposed, real, functional shutters or shutters that are the same
dimensions as real, functional shutters (as opposed to purely decorative shutters)
shall be used.
5. Storefronts. Storefronts shall fit inside the original shop front in terms of all 3 dimensions
(vertical, horizontal and front to back articulation).
a. Display windows shall be restored to their original appearance.
b. The configuration of display windows shall be substantially similar to the original
configuration. This provision shall be construed to prohibit garage doors and bay
windows when they were not part of the original building design.
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6. Entrances, Porticos, and Porches. Original porches, and steps shall be retained, except as
required to meet accessibility standards. Porches, porticos, steps, and related enclosures
which do not comply with the architectural design theme, as determined by the Plan
Commission, shall be removed.
7. Roofs. The original roof shape and character of visible materials shall be retained. Original
architectural features which give the roof its essential character, including dormer windows,
cupolas, cornices, brackets, chimneys and weathervanes, shall be preserved if in keeping with
the architectural design theme described in Subsection (d)(1) above, as determined by the
Plan Commission.
(2) Riverfront Overlay District (RF-O) Design Standards.
(a) Purpose. This district is intended to enhance the quality of development along the riverfront,
increase public access to the riverfront area, and attain a consistent visually pleasing image for the
riverfront area, as defined by the mapped boundaries of the Riverfront Overlay District.
(b) Applicability. The regulations of this Section shall apply to new development and changes to the
exterior of any building within the mapped boundaries of the Riverfront Overlay District.
(c) Review and Approval.
1. There are three categories of review in this district:
a. Project Review (renovation of the exterior appearance of a property such as repainting,
re-roofing, residing or replacing with identical colors, finishes, and materials)
b. Design Alteration Review (change only in the exterior appearance of a nonresidential
or multi-family property such as painting, roofing, siding, architectural component
substitution, fencing, paving, or signage)
c. Renovation Review (modification to the physical configuration of a property such as
the erection of a new building, the demolition of an existing building, or the addition or
removal of bulk to an existing building)
2. Plan Commission review and approval may be required. The three categories and procedural
requirements for review and approval are described fully in Section 30-386.
(d) Transparency. All façades shall consist of a minimum percentage of windows or doors to allow
views into and out of the building’s interior and to promote a visual connection to the street and
river. The minimum percentage of windows or doors shall include trim but exclude gables.
1. Ground floor, nonresidential uses: The total area of windows and doors shall comprise a
minimum of 25 percent of the ground floor façade area containing the nonresidential use.
2. Ground floor, residential uses: The total area of windows and doors shall comprise a
minimum of 15 percent of the ground floor façade area containing the residential use.
3. Upper floors, all uses: The total area of windows and doors shall comprise a minimum of 15
percent of the total façade area above the ground floor.
(e) Exterior Materials. Commercial buildings shall be predominately clad in Class I materials. Class
II and Class III materials may be used as accents and trim not to exceed 30 percent of the total
building façade. Class IV materials are prohibited.
1. Materials of comparable quality may be substituted for any class of material or be used as a
decorative element if the material can be removed or replaced with a permitted exterior
material, as determined by the Director of Community Development, or designee.
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(f) Waterfront façades. Waterfront façades are defined as façades that face the Fox River. The
following requirements apply to all waterfront façades.
1. Entrance. At least 1 functional entrance is required on the waterfront façade. Said entrance
shall be clearly defined and accentuated through the use of detailing, distinctive materials,
and/or colors, projections or recesses, porticos, covered entrances, stoops, or other features
as deemed appropriate by the Director of Community Development, or designee.
a. If a riverwalk path is present, a minimum 5-foot-wide paved pedestrian path shall be
provided that connects the riverwalk path to the waterfront entrance.
2. In order to promote a visual connection to the waterfront, waterfront façades shall include
transition spaces such as arcades, loggia, terraces, steps leading to the waterfront, articulated
entrances, storefront windows, canopies, glass awnings, or other features as deemed
appropriate by the Director of Community Development, or designee.
3. In order to provide privacy for private dwelling units, residential uses facing the waterfront
shall have steps, patios, terraces, lawns, knee walls, gardens and landscaping, or similar
features that provide separation of the public walkway from private dwelling unit windows.
(g) Residential buildings shall have functional patios or balconies for each unit facing the waterfront.
Said patios or balconies shall be a minimum of 6 feet deep. Balconies shall be cantilevered or
supported from above.
(h) Roofs.
1. Flat roofs are preferred. Pitched roofs are permitted if they are in character with the
building’s architectural style or the character of the surrounding area.
2. Rooftop terraces, decks, and gardens are highly encouraged.
(i) See Section 30-159 for additional requirements for this district.
Sections 30-246 to 30-249: Reserved
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-250: Purpose
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ARTICLE IX: LANDSCAPING REQUIREMENTS
Section 30-250: Purpose
The purpose of this Article is to establish landscaping requirements and other regulations intended to
preserve and maintain vegetation within in a manner that promotes the natural resource protection, aesthetic,
and public health goals of the City.
Section 30-251: Applicability
(1) The requirements of this Section shall not apply retroactively to existing buildings, structures, or paved
areas, including requirements for bufferyards.
(2) Any use for which site plan approval is required under Section 30-385(2) shall provide landscaping in
accordance with the regulations of this Section, including the following development:
(a) New buildings and paved areas
(b) Expansions of existing buildings that exceed 50 percent of the existing floor area of the building
(c) Expansions of paved areas that exceed 50 percent of the existing paved area.
1. In the case of expansions, only the new portion of building or paved area shall provide
landscaping per the requirements of this Article.
(3) Where insufficient site area remains to comply with all provisions of this Section, the City may require
compliance to the greatest extent practical.
(4) This Article is designed to encourage preservation of existing plants on the site by granting them
double point values per Section 30-253.
(5) Exemptions.
(a) Single family dwelling units, two family dwelling units, and agricultural land uses are exempt
from landscaping requirements. See Section 30-175(9) for screening requirements for uncovered
parking spaces associated with single family and two family uses.
(b) All uses in the Central Mixed Use District are exempt from landscaping requirements for
building frontages, street frontages, and yards, but must meet the landscaping requirements for
paved areas.
(6) Changes to the Landscaping Plan. The City may allow or require changes to the landscaping plan of
Section 30-252 or the landscaping requirements of Section 30-253, as provided for below.
(a) The Director of Community Development, or designee, and the Plan Commission shall have the
authority to allow alterations or substitutions of one type of plant for another to the landscaping
requirements as long as the altered requirements achieve an equivalent or greater level of
landscaping on a site. Such alternations or substitutions may be based on the following:
1. Unusual conditions
2. The consideration of landscape architecture approaches
3. The preservation of existing trees
4. The consideration of Wisconsin native landscaping
5. When larger size plantings are provided as part of the overall landscape plan
6. When more shrubs may be appropriate versus more trees, and vice versa
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-252: Landscape Plan
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7. Utility or other easements
(b) The Director of Community Development, or designee, and the Plan Commission shall have the
authority to require the modification of any landscaping plan including the rearrangement of
landscaping points on a site to better meet aesthetic, environmental, and stormwater goal or
objectives.
(7) Where the requirements of the Winnebago County Airport Zoning Ordinance supersede these
requirements, the Winnebago County Airport Zoning Ordinance shall prevail.
Section 30-252: Landscape Plan
The applicant shall provide a digital copy of a landscaping plan. The plan shall be drawn at a reasonable scale
to clearly delineate the landscape improvements and depict the following, at the discretion of the Director of
Community Development, or designee:
(1) The name and address of the developer/owner, name of architect/designer, date of plan preparation,
date and description of all revisions, name of project or development, scale of plan, and north point
indication.
(2) All property lines and easements.
(3) Zoning of the subject property and abutting properties.
(4) The location and dimensions of all existing and proposed structures, parking lots, driveways, roads,
underground utilities, right-of-way, sidewalks, ground signs, refuse disposal areas, fences, freestanding
electrical equipment and other utility boxes, and other freestanding structural features as determined
necessary by the Director of Community Development, or designee.
(5) The location and contours at 2-foot intervals, of all proposed berms.
(6) The location, size, and type (common and botanical) of all existing plant material on the site and
designation of all trees and shrubs to be saved and/or removed.
(7) The location, quantity, size at planting, and type (common and botanical) of all proposed plant
material. All plants shall be drawn at the spread they will achieve at maturity.
(8) The number of landscaping points per Figure 30-253d for all plant material.
(9) Details of refuse disposal area screening and mechanical equipment and utility screening.
(10) Linear feet of the new/expanded building foundation and street frontage.
(11) Square footage of the total lot and new/expanded paved area.
Section 30-253: Landscaping Requirements
Landscaping shall be provided based on the following requirements for building foundations, paved areas,
street frontages, yards, and bufferyards.
(1) Building Foundations.
(a) For every 100 linear feet of building foundation, the landscaping installed shall at a minimum
meet the number of landscaping points specified in Figure 30-253d.
(b) Tall trees shall not be used to meet building foundation landscaping requirements.
(c) Building foundation landscaping shall be placed so that at maturity, the plant’s drip line is located
within 10 feet of the building foundation.
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(d) Building expansions shall be subject to the same landscaping formula requirements as new
buildings (see Figure 30-253d). The formula shall not be applied to portions of the building
foundation developed prior to the adoption of this ordinance.
(e) The measurement of the building foundation may be simplified as the smallest single rectangle
that contains the entire building perimeter, except that the sides of the building facing an
adjacent public street, where the actual perimeter shall be measured.
(2) Paved Areas.
(a) For every 10 off-street parking stalls or 10,000 square feet of pavement (whichever yields the
greater landscaping requirement), landscaping shall at a minimum meet the number of
landscaping points specified in Figure 30-253d.
(b) Paved area landscaping shall be placed so that at maturity, the plant’s drip line is located within
10 feet of the paved area. Said area does not have to be provided in one contiguous area. Plants
used to fulfill this requirement shall visually screen parking, loading, and circulation areas from
view from public streets.
(c) A minimum of 30 percent of all points shall be devoted to medium or tall trees, or a
combination of such trees, and a minimum of 40 percent of all points shall be devoted to shrubs.
(d) Parking Lot Design.
1. Interior parking lot landscaping shall be required for any parking lot with more than 20
parking spaces. Internal parking lot landscaping shall be accomplished by the installation of
landscaped planter islands or other types of landscaping application approved by the
Director of Community Development, or designee.
2. Landscaped planter islands shall be required at the ends of all parking rows, driveway
entrances, and at intermediate locations such that there is a maximum of 180 feet between
islands. See Figure 30-253a.
a. Landscaped planter islands are required where 2 rows of parking stalls meet at a right
angle. See Figure 30-253b.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
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Figure 30-253a: Requirements for Islands
Figure 30-253b: Parking Rows at Right Angles
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
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3. Each landscaped planter island shall be no less than 125 square feet in area and 7 feet in
width, measured from the back of the curb. For double-parking rows, each landscaped
planter island shall be no less than 250 square feet in area. The 7-foot width requirement
may be reduced to accommodate the triangular shape resulting from angled parking.
a. Exception. A continuous 7-foot wide landscape strip may be provided between double
parking rows in place of landscaped planter islands.
b. See Figure 30-253c.
Figure 30-253c: Interior Landscaping
4. All islands shall be crowned for positive drainage, unless bio-retention methods of
stormwater management are utilized per a stormwater management plan approved by the
Department of Public Works.
5. One shade tree or tall deciduous tree shall be provided for every island and for every 40
linear feet of continuous landscape strip. Medium or low trees (evergreen or deciduous) may
be used to supplement deciduous shade trees in locations that may not support healthy
shade tree or tall deciduous tree growth. This determination shall be made by the Director of
Community Development, or designee. For double-row parking, 2 shade trees or tall
deciduous trees shall be required for each island.
a. Trees shall be a minimum of 2 inches in caliper and not less than 6 feet tall at planting.
b. Shrubs shall be a minimum of 18 inches at planting.
6. In addition to the required trees and shrubs, islands shall be planted with grass, low ground
cover, shrubs, flowers, decorative stone/river rock, mulch, or a combination thereof.
Mulches and decorative stone shall be installed so that the loose material will not erode, fall,
be plowed, or be otherwise transported onto paved surfaces.
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7. To ensure proper visibility within the parking lot, shrubs shall be no higher than 2 feet and
the branches of trees shall start no less than 6 feet from the ground, unless located in areas
that do not affect driver visibility.
(e) Parking lot screening required by Section 30-175(9) shall count toward the landscaping
requirements of this Section.
(f) Paved area expansions shall be subject to the same landscaping formula requirements as new
paved areas (see Figure 30-253d). The formula shall not be applied to paved areas developed
prior to the adoption of this ordinance.
(3) Street Frontages.
(a) For every 100 linear feet of street frontage of a developed lot abutting a public street right-of-
way, the landscaping installed shall at a minimum meet the number of landscaping points
specified in Figure 30-253d.
(b) Street frontage landscaping shall be placed so that at maturity, the plant’s drip line is located
within 10 feet of the public street right-of-way.
(c) Landscaping shall not located within a public right-of-way. Landscaping shall not impede vehicle
or pedestrian visibility. See Section 30-174.
(d) A minimum of 50 percent of all points shall be devoted to decorative or medium trees, or a
combination of such trees.
(e) In the case of any new principal building, building expansion, new paved area, or paved area
expansion on a previously-developed site, a percentage of the landscaping points specified in
Figure 30-253d shall be required. For new paved areas and expansions, the required percentage
shall be equal to the percentage of the paved area expansion as compared to the existing paved
area square footage. For new buildings and expansions, the required percentage shall be the
percentage of the building expansion as compared to the existing building square footage.
(4) Yards.
(a) For every 1,000 square feet of gross floor area of all principal and accessory buildings on the site,
the landscaping installed shall at a minimum meet the number of landscaping points specified in
Figure 30-253d.
(b) Landscaping required by this Section is most effective if located away from other areas required
for landscaping such as building foundations, street frontages, paved areas, protected green space
areas, or bufferyards.
(c) The intent of this Section is to provide yard shade and to require a visual screen of a minimum
of 6 feet in height for all detached exterior appurtenances (such as HVAC, utility boxes,
standpipes, stormwater discharge pipes and other pipes).
(d) Building expansions shall be subject to the same landscaping formula requirements as new
buildings (see Figure 30-253d). The formula shall not be applied to portions of buildings
developed prior to the adoption of this ordinance.
(5) Bufferyards. A bufferyard is a combination of distance and a visual buffer or barrier. It includes an
area, together with the combination of plantings, berms and fencing that are required to eliminate or
reduce existing or potential nuisances (e.g. dirt, litter, noise, glare, signs, and incompatible land uses,
buildings, or parking areas).
(a) The required level of bufferyard opacity is listed in Figure 30-253e. Detailed bufferyard
requirements are listed in Figure 30-253f. Opacity is a quantitatively-derived measure which
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Section 30-253: Landscaping Requirements
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indicates the degree to which a particular bufferyard screens the abutting property. The required
level of opacity indicated is directly related to the degree to which the potential character of
development differs between different zoning districts.
(b) Bufferyards shall be located along (and within) the outer perimeter of a lot wherever 2 different
zoning districts abut one another. Bufferyards shall not be required in front yards or along public
street frontages.
(c) To ensure that the year-round screening objectives are fulfilled, only the plant classifications in
Figure 30-254b listed as “Appropriate for Screening” shall count toward bufferyard point totals,
unless non-screening plants are used in combination with a solid fence or a berm of 6 feet or
more, in accordance with Figure 30-253f.
(d) Reduction of Required Bufferyard Width.
1. Intent. This Subsection is intended to allow for the reduction of the required width of a
required bufferyard where the presence of permanently protected green space or similar
areas provides equivalent permanent screening and separation benefits as would be provided
by the otherwise required bufferyard.
2. Where the minimum permitted width for the required bufferyard is not available under the
current or proposed state of development, the Director of Community Development, or
designee, may reduce the width required for the bufferyard to that currently available on the
site, provided that the portion of the site that requires a bufferyard contains 1 or more of the
following:
a. Steep slopes that contain retaining walls or rip-rap
b. Permanently undevelopable green space or other permanently protected green space
designated on site plans such as a native or restored prairies or park savannas, wetlands,
bodies of water, floodplains, drainageways, upland woods, stormwater basins, or other
natural resource protection areas, including areas protected by covenants or
conversation easements.
3. If there is permanently protected green space located on an adjoining property adjacent to
the portion of a site that requires a bufferyard, the Director of Community Development, or
designee, may reduce the width required for the bufferyard. The reduction shall consist of no
more than 1 foot for every 3 feet of permanently protected green space on the adjoining
property, as measured from the property line at a right angle into said adjacent property.
There shall be no reduction in the number of landscape points required.
(e) Use of Required Bufferyard and Landscaped Areas.
1. Any and all required bufferyards or landscaped areas may be used for passive recreation
activities. Said areas may contain pedestrian or bike trails provided that no required
landscaping material is eliminated; the total width of the required bufferyard, or the total area
of required landscaping, is maintained; and all other regulations of this Chapter are met.
2. No swimming pools, tennis courts, sports fields, golf courses, or other such similar active
recreational uses shall be permitted.
3. No parking, buildings, outdoor light fixtures, and no outdoor display of storage of materials
shall be permitted.
4. Paving in such areas shall be limited to that required for necessary access to or across the
subject property or for a passive recreational use such as paved multiuse trails or pedestrian
walkways.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
Draft #6 290 July 22, 2016
(6) Determination of Landscaping Requirements.
(a) The requirements of this Article are additive to each other and any other landscaping or
screening requirements in this Chapter.
(b) Landscape points used to meet one requirement (e.g. building foundations, paved areas, street
frontages, yards, or bufferyards) shall not be used to meet another requirement.
(7) Measurement and Calculation.
(a) Landscaping point values shall be doubled for mature existing landscape plantings that are
retained and protected with the development of the site. Existing plantings eligible for double
point values shall be determined by the City Forester.
(b) In calculating the number of required landscaping points under the provisions of this Section, all
areas and distances on which required calculations are based shall be rounded up to the nearest
whole number of square feet or linear feet.
(c) Any partial plant derived from the required calculations of this Section (for example: 23.3 shade
trees) shall be rounded up to the next whole plant (for example: 24 shade trees).
(8) Utility Easements. Landscaping materials, fences and berms located within a duly recorded utility,
stormwater, or a pedestrian easement shall not count toward meeting a landscaping requirement,
unless authorized otherwise by the City and the easement holder. However, the width of such areas
may be counted as part of a landscaping width requirement for bufferyards.
(9) Other Green Space Areas. Green space areas not used for landscape plantings other than natural
resource protection areas shall be graded and seeded or sodded with an acceptable maintainable seed
mix, restored to native vegetation. Alternatively, such areas may be maintained in crop production if a
principal use exists on-site and if approved by the Director of Community Development, or designee.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
Draft #6 291 July 22, 2016
Figure 30-253d: Landscaping Requirements for Regular Development*
Landscaping Component
Building
Foundation Paved Areas Street Frontages Yards Bufferyards
Type of
Landscaping:
A minimum of
25 % of points on
side facing public
street and 50% of
points on side of
main entrance.
Shade Trees and
Tall Trees not
allowed.
A minimum of
30% of points
devoted to Tall
Trees and 40% to
Shrubs.
A minimum of
50% of points
devoted to Tall
Trees & 30% to
Medium Trees.
Any type
allowed.
See types
“Appropriate
for Screening”
in Figure
30-254b
Placement of
Landscaping:
Within 10 feet of
building foundation.
Within 10 feet of
paved area or
within paved area.
Within 10 feet of
street right-of-way. Any location.
Within
bufferyard, per
Figure 30-253f
Calculation of
Landscaping Points:
Points per 100
linear feet of
building foundation
Greater of: points
per 10 parking
stalls or 10,000
square feet of
paved area
Points per 100 feet
of street right-of-
way frontage
Points per
1,000 square
feet of gross
floor area for all
principal and
accessory
buildings on lot
See Figure
30-253f
Zoning Districts:
Rural Holding (RH-35) 20 20 20 10
Only required
along certain
zoning district
boundaries.
See Figure
30-253b
for
requirements.
Single-Family Res. (SR-2) 40 50 100 20
Single-Family Res. (SR-3) 40 50 100 20
Single-Family Res. (SR-5) 40 50 100 20
Single-Family Res. (SR-9) 40 50 100 20
Duplex Res. (DR-6) 50 50 100 20
Two Flat Res. (TR-10) 50 50 100 20
Multi-Family Res. (MR-12) 60 50 100 20
Multi-Family Res. (MR-20) 70 50 100 20
Multi-Family Res. (MR-36) 80 50 100 20
Mobile Home Res. (MH-9) 40 50 100 20
Institutional (I) 40 50 100 20
Neighb. Mixed Use (NMU) 40 50 100 20
Suburban Mixed Use (SMU) 40 50 100 20
Urban Mixed Use (UMU) 40 40 60 10
Central Mixed Use (CMU) 0 50 0 0
Riverfront Mixed Use (RMU) 80 50 100 20
Business Park (BP) 40 50 100 20
Urban Industrial (UI) 20 30 30 10
Heavy Industrial (HI) 20 30 30 10
*Note: Single family dwelling units, two family dwelling units, and agricultural land uses are exempt from landscaping requirements.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
Draft #6 292 July 22, 2016
Figure 30-253e: Required Bufferyard Opacity Values
Apply the required opacity value from
this Figure to Figure 30-253f and select
the most appropriate bufferyard option.
Note that certain land uses, conditional
uses, and planned development projects
may have more stringent bufferyard
requirements.
Adjacent Property’s Zoning District:
RH
-35
SR
-2
SR
-3
SR
-5
SR
-9
DR
-6
TR
-10
MR
-12
MR
-20
MR
-36
MH
-9
I NM
U
SM
U
UM
U
CM
U
BP
UI
HI
RM
U
Su
b
j
e
c
t
P
r
o
p
e
r
t
y
’
s
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
:
Rural Holding (RH-35) *
Single Family Residential–2 (SR-2) * 0
Single Family Residential–3 (SR-3) * 0 0
Single Family Residential–5 (SR-5) * 0 0 0
Single Family Residential–9 (SR-9) * 0 0 0 0
Duplex Residential (DR-6) * .1 .1 .1 .1 0
Two Flat Residential (TR-10) * .1 .1 .1 .1 .1 0
Multi-Family Residential–12 (MR-12) * .2 .2 .2 .2 .1 .1 0
Multi-Family Residential–20 (MR-20) * .3 .3 .3 .3 .2 .2 .1 0
Multi-Family Residential–36 (MR-36) * .3 .3 .3 .3 .2 .2 .1 .1 0
Mobile Home Residential (MH-9) * .3 .3 .3 .3 .2 .2 .1 .1 .1 0
Institutional * .2 .2 .2 .2 .1 .1 .1 .1 .1 .1 0
Neighborhood Mixed Use (NMU) * .2 .2 .2 .2 .2 .2 .1 .1 .1 .1 .1 0
Suburban Mixed Use (SMU) * .4 .4 .4 .4 .4 .4 .3 .3 .3 .2 .3 .2 0
Urban Mixed Use (UMU) * .4 .4 .4 .4 .4 .4 .3 .3 .3 .2 .3 .1 .1 0
Central Mixed Use (CMU) * .4 .4 .4 .4 .4 .4 .3 .3 .3 .2 .3 .1 .1 .1 0
Business Park (BP) * .4 .4 .4 .4 .4 .4 .3 .3 .3 .2 .4 .2 .1 .1 .1 0
Urban Industrial (UI) * .5 .5 .5 .5 .5 .5 .4 .4 .4 .4 .5 .3 .2 .2 .2 .2 0
Heavy Industrial (HI) * .6 .6 .6 .6 .5 .5 .4 .4 .4 .4 .5 .4 .4 .4 .4 .3 .2 0
Riverfront Mixed Use (RMU) * .4 .4 .4 .4 .4 .4 .3 .3 .3 .2 .4 .2 .2 .2 .2 .2 .2 .2 0
*For properties zoned RH-35, base bufferyard requirements on the proposed zoning district for said property as depicted on the Future
Land Use Map in the City of Oshkosh Comprehensive Plan.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
Draft #6 293 July 22, 2016
Figure 30-253f: Detailed Bufferyard Requirements
Opacity
Required Number of
Landscaping Points
per 100 feet
Required
Minimum Width
(in feet)
Required Structure
0.05
00 10 Minimum 44 inch picket fence*
00 10 Minimum 4 foot wood rail fence*
40 10 N/A
36 15 N/A
33 20 N/A
31 25 N/A
29 30 N/A
0.10
00 10 Minimum 44 inch picket fence*
38 10 Minimum 4 foot wood rail fence*
91 10 N/A
80 15 N/A
73 20 N/A
68 25 N/A
65 30 N/A
62 35 N/A
00 35 Minimum 4 foot berm
0.20
00 10 Minimum 6 foot solid fence*
84 10 Minimum 44 inch picket fence*
133 15 Minimum 4 foot wood rail fence*
198 15 N/A
173 20 N/A
158 25 N/A
149 30 N/A
140 35 N/A
10 35 Minimum 4 foot berm
135 40 N/A
00 40 Minimum 5 foot berm
0.30
00 10 Minimum 6 foot solid fence*
198 15 Minimum 44 inch picket fence*
320 20 N/A
240 20 Minimum 4 foot wood rail fence*
276 25 N/A
252 30 N/A
235 35 N/A
104 35 Minimum 4 foot berm
223 40 N/A
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
Draft #6 294 July 22, 2016
Opacity
Required Number of
Landscaping Points
per 100 feet
Required
Minimum Width
(in feet)
Required Structure
44 40 Minimum 5 foot berm
215 45 N/A
209 50 N/A
00 50 Minimum 6 foot berm
0.40
53 10 Minimum 6 foot solid fence*
330 20 Minimum 44 inch picket fence*
440 25 N/A
362 25 Minimum 4 foot wood rail fence*
385 30 N/A
349 35 N/A
208 35 Minimum 4 foot berm
327 40 N/A
148 40 Minimum 5 foot berm
310 45 N/A
299 50 N/A
56 50 Minimum 6 foot berm
0.50
150 10 Minimum 6 foot solid fence*
564 30 N/A
405 30 Minimum 44 inch picket fence*
492 30 Minimum 4 foot wood rail fence*
499 35 N/A
319 35 Minimum 4 foot berm
454 40 N/A
261 40 Minimum 5 foot berm
422 45 N/A
405 50 N/A
160 50 Minimum 6 foot berm
388 55 N/A
374 60 N/A
0.60
250 10 Minimum 6 foot solid fence*
433 35 Minimum 4 foot berm
541 35 Minimum 44 inch picket fence*
630 35 Minimum 4 foot wood rail fence*
626 40 N/A
379 40 Minimum 5 foot berm
570 45 N/A
525 50 N/A
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-253: Landscaping Requirements
Draft #6 295 July 22, 2016
Opacity
Required Number of
Landscaping Points
per 100 feet
Required
Minimum Width
(in feet)
Required Structure
270 50 Minimum 6 foot berm
500 55 N/A
480 60 N/A
0.80
415 30 Minimum 6 foot solid fence*
655 40 Minimum 4 foot berm
627 45 Minimum 5 foot berm
873 45 Minimum 44 inch picket fence*
910 50 N/A
505 50 Minimum 6 foot berm
809 50 Minimum 4 foot wood rail fence*
804 55 N/A
744 60 N/A
710 65 N/A
677 70 N/A
1.00
636 40 Minimum 8 foot solid fence
732 50 Minimum 8 foot solid fence
751 50 Minimum 8 foot solid fence
867 55 Minimum 8 foot solid fence
1091 60 Minimum 8 foot solid fence
1136 60 Minimum 8 foot solid fence
1083 65 Minimum 8 foot solid fence
994 70 Minimum 8 foot solid fence
934 75 Minimum 8 foot solid fence
892 80 Minimum 8 foot solid fence
Notes: *Fences contributing to landscaping requirements are not permitted along street frontages for
nonresidential uses. Where used in combination with plant materials to meet bufferyard requirements, a
minimum of 50% of all plant materials shall be located on the exterior side (the side away from the center of
the subject property) of the fence. A building wall which does not contain doors (except those used for
emergency exit) may be used to satisfy the required fence portions of the bufferyard requirements.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-254: Classification of Plant Species
Draft #6 296 July 22, 2016
Figure 30-253g: Landscaping Points
Plant Category Landscaping Points
Per Plant1 Minimum Permitted Installation Size
Shade Tree 50 1 ¼” diameter
Tall Deciduous Tree 30 1 ¼” diameter
Medium Deciduous Tree 15 1 ¼” diameter
Low Deciduous Tree 10 1 ¼” diameter
Tall Evergreen Tree 40 4’ Tall
Medium Evergreen Tree 20 4’ Tall
Low Evergreen Tree 12 4’ Tall
Tall Deciduous Shrub 5 12” Tall
Medium Deciduous Shrub 3 12” Tall
Low Deciduous Shrub 1 12” Tall
Medium Evergreen Shrub 5 12” Tall/Wide
Low Evergreen Shrub 3 12” Tall/Wide
Non-contributory Plants 0 N/A
Source: A Guide to Selecting Landscape Plants for Wisconsin, E. R. Hasselkus, UW-Extension Publication: A2865
1 Point values will be increased by 10% for the use of Wisconsin native plant species
Section 30-254: Classification of Plant Species
Species suitable for landscaping and compatible with local climate and soil factors are listed in Figure 30-254a.
Plant species native to Wisconsin are noted by an asterisk (*). This list is not intended to be exhaustive, and
the Director of Community Development, or designee, shall review proposals for the applicability of species
not listed and is authorized to approve appropriate similar species. See Figure 30-254b for species appropriate
for specific and common landscaping situations (e.g., planting under power lines), and Figure 30-254c for a
list of species to use sparingly or to avoid.
Figure 30-254a: Commonly-Used Appropriate Landscaping Species
Plant Category Landscaping Point Value
Per Plant Common Name Scientific Name
Shade Trees 55 Maple (Red) Acer spp.*
Shade Trees 50 Birch (River, Paper) Betula spp.
Shade Trees 50 Linden (Basswood,
Redmond, Little Leaf) Tilia spp.
Shade Trees 50 Elms (hybrids) Ulmus spp.
Shade Tree 55 Oak (White) Quercus spp.*
Shade Trees 50 Honey Locust
(male cultivars)
Gleditsia triacanthos var.
inermis
Tall Deciduous Trees 30 Chanticleer pear Pyrus calleryana 'Chanticleer'
Tall Deciduous Trees 33 Hackberry Celtis occidentalis*
Tall Deciduous Trees 30 Chinkapin oak Quercus muehlenbergii
Tall Deciduous Trees 30 Ginkgo (male cultivars) Ginkgo biloba
Tall Deciduous Trees 30 State Street Miyabe maple Acer miyabei 'Morton'
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-254: Classification of Plant Species
Draft #6 297 July 22, 2016
Plant Category Landscaping Point Value
Per Plant Common Name Scientific Name
Medium Deciduous Trees 15 Paperbark maple Acer griseum
Medium Deciduous Trees 16.5 Serviceberry Amelanchier*
Medium Deciduous Trees 15 Winter King Hawthorn Crataegus viridis
Medium Deciduous Trees 16.5 Hornbeam (Musclewood) Carpinus caroliniana*
Medium Deciduous Trees 16.5 Ironwood/Hophornbeam Ostrya virginiana*
Medium Deciduous Trees 15 Callery pear Pyrus calleryana
Low Deciduous Trees 11 Hazelnut Corylus spp.*
Low Deciduous Trees 10 Flowering crabapples Malus spp.
Low Deciduous Trees 10 Japanese tree lilac Syringa reticulata
Tall Evergreen Trees 40 Firs Abies spp.
Tall Evergreen Trees 44 Black Hills Spruce Picea glauca var. densata*
Tall Evergreen Trees 40 Serbian Spruce Picea omorika
Tall Evergreen Trees 44 Pine (except Austrian) Pinus spp. (not nigra)*
Tall/Medium Evergreen
Trees
33 Juniper (Red Cedar) Juniperus virginiana*
Tall/Medium Evergreen
Trees
33 Arborvitae Thuja spp.*
Tall/Medium Evergreen
Trees
33 Eastern hemlock Tsuga canadensis*
Low Evergreen Trees 12 Juniper (Mountbatten) Juniperus chinensis
Tall Deciduous Shrubs 5 Elderberry Sambucus candensis “aurea”
Tall Deciduous Shrubs 5.5 Dogwood (Gray, Pagoda) Cornus spp.*
Medium Deciduous
Shrubs
3 Weigela Weigela spp.
Medium Deciduous
Shrubs
3 Cotoneaster Cotoneaster spp.
Medium Deciduous
Shrubs
3 Forsythia (Virgina, Rugosa) Forsythia
Medium Deciduous
Shrubs
3.3 Shrub Rose Rosa spp.*
Medium Deciduous
Shrubs 3.3
Viburnum (Arrowwood,
Warfaring Tree,
Nannyberry)
Viburnum spp.*
Medium Deciduous
Shrubs
3.3 Potentilla Potentilla spp.*
Medium Deciduous
Shrubs
3.3 Bush Honeysuckle Diervilla spp.*
Medium Deciduous
Shrubs
3 Ninebark Physocarpus spp.
Low Deciduous Shrubs 1 Azalea Rhododendron (Azalea) spp.
Low Deciduous Shrubs 1.1 Gro-Low Sumac Rhus aromatica*
Tall-Medium Evergreen
Shrubs 5 Juniper (Pfitzer) Juniperus x pfitzeriana
Tall-Medium Evergreen
Shrubs 5 Yew (Japanese) Taxus spp.
Low Evergreen Shrubs 2 Boxwood Buxus spp.
Low Evergreen Shrubs 2 Juniper (Sergeant, Creeping,
Andorra) Juniperus spp.
Perennial Plantings 22/20 sf Coneflower Echinacea spp.*
Perennial Plantings 20/20 sf Catmint Nepeta spp.
Perennial Plantings 22/20 sf Black-Eyed Susan Rudbeckia hirta*
Perennial Plantings 20/20 sf Lily Lilium spp.
Perennial Plantings 20/20 sf Daylily Hemerocallis spp.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-254: Classification of Plant Species
Draft #6 298 July 22, 2016
Plant Category Landscaping Point Value
Per Plant Common Name Scientific Name
Perennial Plantings 20/20 sf Ornamental Grass varies
Perennial Plantings 20/20 sf Lady‘s Mantel Alchemilla spp.
Perennial Plantings 22/20 sf Columbine Aquilegia spp.*
Perennial Plantings 22/20 sf Aster Aster spp.*
Perennial Plantings 20/20 sf Jack Frost Brunnera macrophylla
Perennial Plantings 22/20 sf Blazing Star Liatris spp.*
Perennial Plantings 20/20 sf Black Bugbane Cimicifuga simplex
“Brunette” Perennial Plantings 20/20 sf Peony Paeonia spp.
Perennial Plantings 20/20 sf Pachysandra Pachysandra spp.
Perennial Plantings 22/20 sf Stonecrops Sedum spp.*
Perennial Plantings 20/20 sf Astilbe Astilbe spp.
Perennial Plantings 20/20 sf Hosta Hosta spp.
* Wisconsin native plant species identified with an asterisk are preferred plant materials and an additional
10% has been added to their respective point values.
Figure 30-254b: Sample Plant Species Appropriate for Specific Situations
Classification Landscaping Point Value
Per Plant Common Name Scientific Name
Appropriate for Planting
Under Power Lines
Low Deciduous Tree Flowering crabapple Malus spp.
Low Deciduous Tree Japanese tree lilac Syringa reticulata
Appropriate for Utility
Easements
Low Deciduous Tree Japanese tree lilac Syringa reticulata
Medium Deciduous Shrub
Viburnum (Arrowwood,
Warfaring Tree,
Nannyberry)
Viburnum spp.
Low Evergreen Shrub Boxwood Buxus spp.
Appropriate for
Screening
Tall Evergreen Tree Firs Abies spp.
Tall Evergreen Tree Juniper (Red Cedar) Juniperus virginiana
Tall Evergreen Trees Spruces Picea spp.
Tall Evergreen Trees Pines Pinus spp.
Tall Evergreen Tree Douglas fir Pseudotsuga menziesii var.
glauca
Tall Evergreen Tree Eastern hemlock Tsuga canadensis
Medium Evergreen Tree Arborvitae Thuja occidentalis
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-254: Classification of Plant Species
Draft #6 299 July 22, 2016
Classification Landscaping Point Value
Per Plant Common Name Scientific Name
Salt Tolerant
Shade Tree/Tall or Medium
Deciduous Tree (varies by
species)
Maple Acer spp
Shade Tree Sweet Gum Liquidambar styraciflua
Shade Tree (not street) European Horse Chestnut Aesculus hippocastranum
Shade Tree White Oak Quercus alba
Low Deciduous Tree Flowering Crabapples Malus spp
Low Deciduous Tree Crape Myrtle Lagerstroemia indica
Deciduous Tree Honey Locust Gleditsia triacanthos
Tall Deciduous Shrub Dogwood (Gray, Pagoda) Cornus spp
Tall Deciduous Shrub Japanese Tree Lilac Syringa reticulata
Tall Deciduous Shrub Common Lilac Syringa vulgaris
Medium Deciduous Shrub Barberry Berberis spp
Medium Deciduous Shrub Viburnum Adoxaceae
Medium Deciduous Shrub Forsythia (Virgina,
Rugosa) Forsythia spp
Medium Deciduous Shrub Rugosa Rose Rosa rugosa
Small Deciduous Shrub Potentilla Cinquefoils
Low Deciduous Shrub Azalea Azalea spp
Low Deciduous Shrub Apline Current Ribes alpinum
Low Deciduous Shrub Snowberry Symphoricarpos
Tall Evergreen Tree American holly Ilex opaca
Tall Deciduous Shrub Staghorn Sumac Rhus typhina
Tall Deciduous Shrub Mockorange Philadelphus
Tall/Medium Evergreen
Shrub Pfitzer Juniper Juniperus x pfitzeriana
Tall/Medium Evergreen
Shrub Yew (Japanese) Taxus spp
Low Evergreen Shrub Boxwood Buxus spp
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-254: Classification of Plant Species
Draft #6 300 July 22, 2016
Figure 30-254c: Prohibited Species and Species to Use Sparingly
Classification Common Name Scientific Name
Prohibited2 or Use
Sparingly1 Reason Alternative
Shade Tree Non-resistant
elms Ulmus spp. Prohibited Dutch Elm
Disease
Disease Resistant
Elm Cultivars:
‘Princeton,’
‘Valley Forge,’ &
‘New Harmony’
Littleleaf Linden
Tilia cordata, (urban
tolerant)
Kentucky
Coffeetree
Gymnocaldus
dioicus
River birch
Betula nigra
Oaks
Quercus spp.
Shade Tree Boxelder Acer negundo Prohibited Spread quickly
Shade Tree Freeman Maple Acer x freemanii Prohibited Over-planted
Shade Tree Norway Maples Acer platanoides Prohibited Over-planted,
dense
Shade Tree Red Maples Acer rubrum Use Sparingly Prefer acidic soil
Shade Tree Sugar Maples Acer saccharum Use Sparingly
Thrives only in
certain
conditions; picky
Shade Tree Silver Maple Acer saccharinum Prohibited
Weak wood and
aggressive root
systems
Tall Deciduous
Tree
Autumn Blaze
Maple Acer truncatum Use Sparingly Over-planted
Ginkgo
Ginkgo biloba
Hackberry
Celtis occidentalis
Chanticleer pear
Pyrus calleryana
'Chanticleer'
Tall Deciduous
Tree Ash trees Fraxinus spp. Prohibited Emerald Ash
Borer
Tall Deciduous
Tree Bradford pears Pyrus calleryana
“bradford” Use Sparingly Poorly branches,
tend to break
Tall Deciduous
Tree Cottonwood
Populus deltoids,
populus fremontii, or
populus nigra
Prohibited
Weak wood and
aggressive root
systems
Tall Deciduous
Tree Poplar Populus Use Sparingly Aggressive root
systems
Tall Deciduous
Tree Willow Salix Prohibited Drops branches
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-254: Classification of Plant Species
Draft #6 301 July 22, 2016
Classification Common Name Scientific Name
Prohibited2 or Use
Sparingly1 Reason Alternative
Medium
Deciduous Tree
Ailanthus, Tree of
Heaven Ailanthus altissima Prohibited Invasive non-
native
Serviceberry
Amelanchier spp.
American
Hornbeam or
Musclewood
Carpinus
caroliniana
Eastern Redbud
Cercis canadensis
Serviceberry
Amelanchier spp.
American
Hornbeam or
Musclewood
Carpinus
caroliniana
Eastern Redbud
Cercis canadensis
Medium
Deciduous Tree
European white
birch Betula pendula Use Sparingly Bronze Birch
Borer
Medium
Deciduous Tree White mulberry Morus alba Prohibited Invasive non-
native
Low Deciduous
Tree
Purple Leaf
Cherry Plum,
Japanese Purple
Plum
Prunus cerasifera
'Atropurpurea'
Use Sparingly Drops fruit Flowering
Crabapple Malus
spp.
American hazelnut
Corylus americana
Japanese Tree
Lilac
Syringa reticulata
Low Deciduous
Tree
Purple
Sandcherry Prunus x cistena Use Sparingly Short-lived
Low Deciduous
Tree Russian Olive Elaegnus angustifolia Use Sparingly Drops fruit, non-
native
Tall Deciduous
Shrub Buckthorns Rhamnus cathartica Prohibited Invasive, non-
native Gray Dogwood
Cornus mas
Lilacs
Syringa spp.
Tall Deciduous
Shrub Autumn-olive Elaeagnus umbellata Prohibited Invasive, non-
native
Tall Deciduous
Shrub Multiflora rose Rosa multiflora Prohibited Invasive, non-
native
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-254: Classification of Plant Species
Draft #6 302 July 22, 2016
Classification Common Name Scientific Name
Prohibited2 or Use
Sparingly1 Reason Alternative
Medium
Deciduous Shrub Japanese spirea Spiraea japonica Prohibited Invasive (re-seed) Red chokeberry
Aronia arbutifolia
Black chokeberry
Aronia melanocarpa
Redosier dogwood
Cornus sericea
Summersweet
Clethra
Clethra alnifolia
Viburnums
Viburnum spp.
Medium
Deciduous Shrub Burning bush Euonymus alatus Prohibited Invasive non-
native
Medium
Deciduous Shrub Honeysuckle Lonicera spp. Prohibited Invasive, non-
native
Low Deciduous
Shrub Japanese Barberry Berberis thunbergii Prohibited Invasive; over-
planted
Dwarf bush
honeysuckle
Diervilla lonicera
Tall Evergreen
Tree Austrian pine Pinus nigra Use Sparingly Over-planted Norway spruce
Picea abies
Canadian hemlock
Tsuja canadensis
Scotch pine
Pinus sylvestris
American
arborvitae
Thuja occidentalis
Tall Evergreen
Tree Blue spruce Picea pungens Use Sparingly Over-planted
Tall Evergreen
Tree White pine Pinus strobus Use Sparingly Over-planted
Tall Evergreen
Tree White spruce Picea glauca Use Sparingly Over-planted
Notes:
1 “Species to Use Sparingly” may be used as part of an overall landscaping plan, but only if the number of individual plants
does not constitute more than 1 plant per 20 total plants within the same plant classification. For example, if a landscaping
plan includes a total of 20 Tall Deciduous Trees, no more than 1 of those 20 trees may be classified as a “Species to Use
Sparingly.” The purpose of this provision is to encourage plant species diversity throughout the City.
2 “Prohibited Species” shall not be included as part of any landscaping plan that is subject to City review per Section 30-
252. The purpose of this provision is to limit the planting of species that are invasive, have invasive tendencies, or that may
perpetuate or spread disease.
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-255: Standards for Rain Gardens and Bioswales
Draft #6 303 July 22, 2016
Section 30-255: Standards for Rain Gardens and Bioswales
(1) Definition.
(a) Rain gardens can serve both as landscaping and stormwater management features on a building
site, where appropriately designed and sited. A rain garden is a shallow, depressed garden that is
designed and positioned on a site to capture stormwater runoff and allow for the infiltration of
water back into the ground. Rain garden plants are carefully chosen for their ability to withstand
moisture extremes and potentially high concentrations of nutrients and sediments that are often
found in stormwater runoff. A well designed and maintained rain garden serves as an attractive
component of an overall landscaping plan for a development site.
(b) Bioswales can serve both as landscaping and stormwater management features on a building site,
where appropriately designed and sited. A bioswale is a linear, vegetative stormwater runoff
conveyance system that is designed to store and infiltrate water from small storm events back
into the ground and direct water from heavy rain events to appropriate storm sewer inlets or
other management facilities. The flow of water being conveyed through a bioswale is slowed
down, allowing for municipal storm systems to more effectively manage heavier rain events and
help reduce the risk of flooding on or off-site. Water being infiltrated or conveyed via a bioswale
is also filtered by the vegetation within it, generally improving both ground and surface water
quality.
(2) Requirements.
(a) The installation of a rain garden or bioswale may contribute to the overall stormwater
management plan for a development site and count toward meeting the City’s landscaping
guidelines. Rain gardens and bioswales may count for 20 points for every 20 square feet for yard,
building foundation, and/or paved area requirements, provided the following requirements are
met. Rain gardens and bioswales shall count for no more than 100 points of the required
landscaping per site.
(b) Detailed plans shall be provided that show all proposed dimensions of the rain garden or
bioswale including length, width, depth, and slope of depression; location of the rain garden or
bioswale on the lot relative to hard-surfaced areas, downspouts, and site topography;
characteristics of the soil underlying the rain garden or bioswale; description of planting media;
the species, number, and size at time of installation of all vegetation proposed for the rain garden
or bioswale; and information on any other materials that will be used to line the rain garden or
bioswale.
(c) Installation shall not be proposed for any of the following areas of a site:
1. Areas where there is known soil contamination unless the rain garden or bioswale is
proposed to be constructed with an under-drain;
2. Areas where the characteristics of the soil would not allow for the proper infiltration of
water into the ground; or
3. Areas where there are expected to be high levels of foot traffic, unless such areas are
protected from foot traffic.
(d) The owner of the site shall demonstrate that the rain garden or bioswale is properly maintained,
specifically: kept free of trash, weeds, debris, and dead or dying plants; any pipes associated with
the rain garden or bioswale will be inspected on an annual basis and kept free of debris; and by
the beginning of every spring dead plant materials will be cut back or removed.
(e) Bioswales and rain gardens shall be generously (and appropriately) vegetated to qualify for
landscaping points. If bioswales and rain gardens (or portions thereof) are lined with turf but do
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-256: Installation Requirements
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not include other vegetation, then they will not count toward meeting landscaping point
requirements.
(f) Rain gardens and bioswales may serve as a component of an overall stormwater management
plan for a site only if detailed plans, calculations, and specifications are submitted and approved
by the Department of Public Works. Detailed plans shall include the location and description of
all other stormwater management facilities serving the site, particularly those to which any
bioswale will be directed.
Section 30-256: Installation Requirements
(1) Installation. Any and all landscaping and bufferyard material required by the provisions of this Chapter
shall be installed on the subject property, in accordance with the approved site plan within 365 days of
the issuance of an occupancy permit for any building on the subject property.
(2) If existing plant material meets the requirements of this Article and will be preserved on the subject
property following the completion of development, it may be counted as contributing to the
landscaping requirements and worth double the landscaping point value per plant.
(3) All landscaping and bufferyard areas shall be seeded with lawn or native ground cover unless such
vegetation is already fully established.
(4) The exact placement of plants and structures shall be depicted on the required detailed landscaping
plan submitted to the City for its approval. Such plant and structure location shall be the decision of
each property owner provided the following requirements are met:
(a) Evergreen shrubs shall be planted in clusters to maximize their chance for survival.
(b) Where a combination of plant materials, berming, and fencing is used in a bufferyard, the fence
and/or berm may be located toward the interior or exterior of the subject property and at least
50 percent of the required landscaping points shall be located toward the exterior of the subject
property.
(c) A property owner may establish through a written agreement, recorded with the Register of
Deeds that an abutting property owner agrees to provide on the immediately abutting portion of
his or her land a partial or full portion of the required bufferyard, thereby relieving the developer
of the responsibility of providing the entire bufferyard on his property. Responsibility for
maintenance of bufferyard landscaping shall be included as part of this agreement.
(d) Under no circumstance shall landscaping or bufferyard materials be selected or located in a
manner resulting in the creation of a safety or visibility hazard.
(e) The restrictions on types of plants listed in this Article shall apply.
(5) Upon completion of the approved landscape improvements, a certification of compliance shall also be
submitted by the owner or agent.
(6) Maintenance.
(a) The continual maintenance of all required landscaping and bufferyard materials shall be a
requirement of this Chapter and shall be the responsibility of the owner of the property on
which said materials and plants are required. This requirement shall run with the property and
shall be binding upon all future property owners. Development of any or all property following
the effective date of this Chapter shall constitute an agreement by the property owner to comply
with the provisions of this Section.
(b) The owner of the premises shall be responsible for the watering, maintenance, repair, and
replacement of all landscaping, fences, and other landscape architectural features on the site. All
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-257: Sample Landscaping Schemes
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planting beds shall be kept weed-free. Plant material which has died shall be replaced with
equivalent vegetation within twelve months.
Section 30-257: Sample Landscaping Schemes
Sample landscaping schemes that may be used for building foundations, street frontages, paved areas, yards,
and bufferyards are depicted in Figure 30-257a through Figure 30-257g.
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Section 30-257: Sample Landscaping Schemes
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Figure 30-257a: Sample Landscaping Schemes – Site Before Required Landscaping
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Section 30-257: Sample Landscaping Schemes
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Figure 30-257b: Sample Landscaping Schemes – Building Foundation
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Section 30-257: Sample Landscaping Schemes
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Figure 30-257c: Sample Landscaping Schemes – Paved Area
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Section 30-257: Sample Landscaping Schemes
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Figure 30-257d: Sample Landscaping Schemes – Street Frontage
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Section 30-257: Sample Landscaping Schemes
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Figure 30-257e: Sample Landscaping Schemes – Yard
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Section 30-257: Sample Landscaping Schemes
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Figure 30-257f: Sample Landscaping Schemes – Bufferyard
City of Oshkosh Zoning Ordinance Article IX: Landscaping Requirements
Sections 30-258 to 30-269: Reserved
Draft #6 312 July 22, 2016
Figure 30-257g: Sample Landscaping Schemes – All Required Landscaping
Sections 30-258 to 30-269: Reserved
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-270: Purpose
Draft #6 313 July 22, 2016
ARTICLE X: SIGNAGE
Section 30-270: Purpose
(1) The purpose of this Chapter is to establish standards for the fabrication, erection, and use of signs, and
to regulate the location, type, size, and height of signage for all properties within the City of Oshkosh.
The adoption of this Chapter reflects the formal finding of fact by the City of Oshkosh that regulation
of signage advances the following compelling governmental interests:
(a) Protect pedestrians, bicyclists, drivers, and passengers from injury caused by the faulty and
uncontrolled construction and use of signs within the City.
(b) Protect pedestrians, bicyclists, drivers, and passengers from injury caused by lack of visibility,
distractions, obstructions, and hazards created by certain signs or by cluttered, distracting, or
illegible signage.
(c) Promote the public welfare, health, and safety of all persons using public thoroughfares and
rights-of-way within the City of Oshkosh in relation to the signage displayed thereon, or
overhanging, or projecting into such public spaces.
(d) Preserve the value of private property by assuring the compatibility of signs with surrounding
land uses.
(e) Assure that public benefits derived from expenditures of public funds for the improvement and
beautification of public streets and other public structures and spaces are protected by exercising
reasonable controls over character and design of signage.
(f) Advance the aesthetic goals of the City throughout the community and ensure the effectiveness
and flexibility in the design, creativity, or use of signage without creating a detriment to the
general public.
(2) This regulation leaves ample and adequate alternative channels of commercial speech communication
for the messages portrayed on advertising signs – namely, distributed print media, broadcast media,
and point-of-purchase display – and is narrowly defined so as to limit said prohibition to commercial
speech on exterior signage.
(3) Any sign authorized by this Chapter may contain a noncommercial message.
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
This Section provides the definitions and rules related to Signs Groups, Sign Categories, and Sign Types.
Additionally, Figure 30-290a lists the permitted signs by zoning district. Figure 30-290b and Figure 30-290c
provide the regulations related to the number and size for these signs as they are applicable to each zoning
district and/or Sign Type. Any Sign Type not addressed by this Chapter shall be construed to be prohibited.
(1) Definition of a Sign.
(a) In this Chapter, the word “sign” means any object, device, display, structure, or part thereof,
situated or visible from outdoors, that contains a visual display designed to identify, announce,
direct, or inform through the use of any means, including words, letters, figures, designs, logos,
symbols, fixtures, colors, illumination, or projected images.
(b) Signs do not include:
1. Traffic control and other public agency messages located within a right-of-way.
2. Decorations that are incidentally and customarily associated with any national holiday or
religious holiday, or with any community festival or similar event approved as a Special
Event per Section 5-18 of the City of Oshkosh Municipal Code.
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3. Flags that do not contain a commercial message, logo, or colors.
4. Merchandise, pictures, or models of products or services incorporated in a window display.
5. Works of art which do not identify a currently offered product.
6. Building colors and lighting that do not convey a logo or message specific to the use therein.
7. Scoreboards located on athletic fields.
8. Signs which are located on the interior of or on the grounds of the following land uses:
Passive Outdoor Recreation, Active Outdoor Recreation, or an Outdoor Open Space
Institutional, which are primarily oriented to persons within the grounds.
9. Sign located on the interior of a building and not attached to a window, which are oriented
to persons within the building.
(2) Permanent Business Signs Group. A permanent, on-site sign used in association with an
Agricultural, Institutional, Commercial, Multiple Use Buildings, Industrial, Storage, Transportation, or
Extraction & Disposal land use. Refer to Figure 30-290a for permitted Sign Types by zoning district
and Figure 30-290b for the maximum permitted size and number of signs per lot or per business.
(a) Rules for all Permanent Business Signs.
1. Signs in the Permanent Business Sign Group are available to land uses identified in Article
III as Agricultural, Institutional, Commercial, Multiple Use Buildings, Industrial, Storage,
Transportation, and Extraction & Disposal.
2. The Permanent Business Sign Group contains the following Sign Categories: Freestanding
Signs, On-Building Signs, and Daily Notice Signs.
3. Total signage for all Sign Types per lot shall not exceed the maximum signage area
established in Figure 30-290b.
4. Permitted sign lighting: backlit, internal character/cabinet, or gooseneck
(b) Freestanding Sign Category. A Permanent Business Sign permanently resting on or supported
by a slab, pedestal, post, pylon, or any other form of base located on the ground.
1. Dual Post Sign. A sign mounted on a post or posts, with a bracket arm extending outward
to support a hanging sign, with the sign attached directly to the side of the post, or with the
sign mounted between two posts.
a. Permitted sign lighting: external, internal character/cabinet, and backlit
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2. Monument Sign. A sign with a bottom edge located within 3 feet of a ground-mounted
pedestal.
a. The width of the base of a monument sign shall be at least two-thirds the height of the
sign.
b. This Sign Type is also available to Townhouse, Multiplex, and Apartment residential
uses identified in Sections 30-75(5) through (7).
c. Permitted sign lighting: external, internal character/cabinet, and backlit
3. Pylon Sign. A sign erected upon one or more pylon, pole, or post, of a scale that is generally
larger than a Dual Post Sign and used for larger businesses and on higher traffic roads. See
illustration below.
a. Permitted sign lighting: external, internal character/cabinet, and backlit
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(c) On-Building Sign Category. A Permanent Business Sign permanently affixed to an outside
wall of a building.
1. Awning/Canopy Sign. A sign that is affixed (via sewing, painting, or similar method) to an
awning or canopy which is mounted to the façade of a building.
a. In the Central Mixed Use district, sign copy and graphics shall be located only on the
valance of the awning/canopy, shall be centered on the valance and shall not project
below or above the valance.
b. Sign copy and graphics shall be horizontally and vertically centered on the face of the
awning.
c. Sign copy shall not project above, below, or beyond, the awning surface.
d. Sign copy shall not exceed 10 percent of the area of an angled face of the awning.
e. Sign copy shall not be more than 1 foot tall on a vertical face of the awning.
f. Permitted sign lighting: None
2. Marquee Sign. A sign mounted to a permanent roof-like structure that projects out from
the exterior wall of a structure.
a. Marquee Signs shall be mounted parallel to the vertical surface of the marquee and not
project more than 18 inches beyond the vertical surface of the marquee.
b. Freestanding letters may be located on top of the marquee, provided the letters are no
taller than 66 percent of the height of marquee.
City of Oshkosh Zoning Ordinance Article X: Signage
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c. No part of a Marquee Sign shall extend beyond the bottom or side edges of the vertical
face of the marquee surface.
d. Permitted sign lighting: external, internal character/cabinet
3. Projecting Sign. A sign mounted at any angle other than parallel to the wall on which it is
mounted and/or extends more than 18 inches from the wall.
a. Projecting Signs shall clear sidewalks by at least 8 feet, as measured from the grade
immediately below the sign.
b. Projecting Signs shall project no more than 4 feet beyond the structure to which they are
mounted or no closer than 3 feet from an established curb line, whichever is less.
c. No Projecting Sign shall extend above the topmost edge of an exterior wall.
d. The top of the Projecting Sign shall not be installed above the window sill of the second
story or 18 feet, whichever is less.
i. Exception: The sign may be raised to within 18 inches of the window sill if it is
determined that the sign cannot reasonably be placed within the sign band area.
e. Projecting Signs shall not be placed within 15 feet of another Projecting Sign. If the 15-
foot separation cannot be maintained, the City may permit a lesser distance to obtain the
maximum separation distance.
f. Permitted sign lighting: external and internal character/cabinet
4. Suspended Sign. A sign that is mounted perpendicular to the nearest wall and suspended
from the underside of a horizontal plane surface, such as a covered porch, arcade, or canopy.
City of Oshkosh Zoning Ordinance Article X: Signage
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a. No portion of a Suspended Sign shall extend lower than 8 feet above the ground,
measured from the grade immediately below the sign.
b. Suspended Signs shall be located within 6 feet of a customer entrance.
c. Permitted sign lighting: external and internal character/cabinet
5. Wall Sign. A sign that is mounted directly on, and parallel to, a building façade or other
exterior, vertical building surface. A Wall Sign also includes a sign located on the interior of a
building that is intended to be viewed from beyond the boundaries of the site, not to be
confused with a Window Sign.
a. Wall Signs shall not project more than 18 inches horizontally beyond the edge of any
wall or other surface to which they are mounted.
b. The top of the sign shall not extend above the top edge of the vertical wall or above the
lowest edge of a roof line of the portion of the building to which it is mounted.
c. Wall Signs shall be mounted so that they do not obscure the architecture features,
windows, or doors of a building.
d. Permitted sign lighting: external, internal character/cabinet, and backlit
6. Window Sign. A type of sign that is attached to the inside face of an exterior window.
Window Signs may face toward the outside of the building, the inside, or both.
a. Window Signs shall be limited to a maximum area that does not exceed 33 percent of
the individual glass area as contained within a mullion or frame.
b. There is no limit in the number of Window Signs per lot or per building.
City of Oshkosh Zoning Ordinance Article X: Signage
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c. Permitted sign lighting: internal character/cabinet
(d) Daily Notice Sign Category. A Permanent Business Sign typically used to advertise daily
specials, daily menu items, or on-site events that change on a regular basis, and which usually
includes changeable copy. This type of sign may or may not be associated with restaurants,
taverns, music venues, and retail stores.
1. Bulletin Board Sign. A type of freestanding Daily Notice Sign located on-site containing
changeable copy.
a. Permitted sign lighting: external, internal character/cabinet, and backlit
2. Drive-Through Sign. A type of Daily Notice Sign used in conjunction with drive-through
or drive-in establishments.
a. Drive-Through Signs are available only to approved Drive-Through and In-Vehicle
Sales or Service land uses defined in Section 30-78(10) and shall meet the location
requirements for signs described in Section 30-78(10).
b. Drive-Through Signs shall be freestanding or mounted on the exterior wall of the
building containing the use.
c. Freestanding two-way microphone/speaker devices shall not count toward the
maximum permitted area of the Drive-Through Sign.
d. Permitted sign lighting: external, internal character/cabinet, and backlit
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3. Menu Board Signs. A type of Daily Notice Sign mounted flat against a wall containing
changeable copy.
a. Menu Board Signs shall not extend more than 3 inches from the wall on which they are
mounted.
b. Anything attached to a Menu Board Sign shall not project outside the perimeter of the
sign face nor project in excess of one inch from the sign face.
c. Menu Board Signs shall not include electronic message boards.
d. Menu Board Signs shall be fabricated of sign-grade wood, plastic, or metal and shall be
manufactured to a professional standard of construction, finish, and graphics.
e. Permitted sign lighting: external
4. Sandwich Board Sign. A type of Daily Notice Sign placed on the ground and configured in
either of the following manners (see illustration below):
a. A double-sided sign constructed to form an “A”-like shape, hinged or not hinged at the
top, with each angular face held together at an appropriate distance by a supporting
element such as a folding bar, latch, or chain; or
b. A double-sided frame into which a sign face can be inserted, erected upon weighted
metal or plastic base.
c. Placement Requirements. If there is not adequate space available on a business’s private
premises to place a Sandwich Board Sign in a manner that is visible to the public, a
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Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
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Sandwich Board Sign may be placed between the side of the building with the customer
entrance and the curb, provided that the following locational requirements are met:
i. The sign shall be placed directly in front of the business to which it is related and in
front of the same lot of the subject business.
ii. The sign shall be placed so that a minimum of 5 feet in width of unobstructed travel
way remains available on the sidewalk at all times.
iii. Sign placement shall meet all requirements of the Americans with Disabilities Act.
iv. Sandwich Board Signs shall be placed a minimum of 4 feet from all obstructions
within the sidewalk right-of-way, including newspaper boxes, outdoor seating and
tables, trees and tree grates, bicycle racks, trash receptacles, and any other item
impeding pedestrian or wheelchair movement.
v. The sign shall not obstruct access to any bus stop boarding area, fire hydrant, fire
escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or
street sign. Whether such a prohibited obstruction is created by the Sandwich Board
Sign shall be the determination of the City.
vi. The sign shall be placed a minimum of 25 feet from an intersection. The sign shall
be placed a minimum of 10 feet from a building corner or crosswalk.
vii. The sign shall not be placed in any “bump out” area.
viii. The sign 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. The sign shall not be
placed on snow banks. Businesses that utilize Sandwich Board Signs shall hold the
City harmless from damage to the signs due to snow removal and snowplowing.
ix. The sign shall not be permanently affixed to any structure within the right-of-way or
sidewalk.
x. Sandwich Board Signs shall be kept inside the building when the business is closed.
d. Configuration Requirements.
i. No portion of a Sandwich Board Sign shall be more than 4 feet high or more than 3
feet wide; including any part of its frame or supporting structure.
ii. Anything attached to a Sandwich Board Sign shall not project beyond the perimeter
of the sign face nor project in excess of one inch from the sign face.
e. Material Requirements.
i. Sandwich Board Signs shall be manufactured to a professional standard of
construction finish, and graphics, shall be fabricated of sign-grade wood, plastic, or
metal, and shall not be affixed to or mounted on wheels.
ii. Signs shall not be painted traffic yellow or construction zone orange, nor shall they
be reflective or fluorescent. Signs shall not resemble or contain any traffic sign,
signal or device, as determined by the Transportation Director.
iii. Sandwich Board Signs shall be secured so as to remain stationary in moderate winds.
f. Permitted sign lighting: None
City of Oshkosh Zoning Ordinance Article X: Signage
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(3) Temporary Business Signs Group. A temporary, on-site sign used in association with an
Agricultural, Institutional, Multiple Use Buildings, Commercial, Industrial, Storage, Transportation, or
Extraction & Disposal land use. Temporary Business Signs are typically used to promote temporary
activities. If a sign display area is permanent, but the message displayed is subject to periodic changes,
that sign shall not be considered to be temporary.
(a) Rules for all Temporary Business Signs.
1. Signs in the Temporary Business Signs Group are available to land uses identified in Article
III as Agricultural, Institutional, Multiple Use Buildings, Commercial, Industrial, Storage,
Transportation, and Extraction & Disposal.
2. Refer to Figure 30-290c for the rules pertaining to the maximum permitted quantity, area,
and height of specific Sign Types.
3. The Temporary Business Sign Group contains the following Sign Categories: Temporary
Board & Banner Signs and Temporary Development Signs
4. Each lot shall be limited to 1 Temporary Business Sign per Category per street frontage.
5. Temporary Business Signs shall be located on-site and shall not be located within any street
right-of-way.
6. Temporary Business Signs may be freestanding or on-building in configuration.
7. A temporary sign permit shall be required for all temporary signs.
8. All temporary signs shall be anchored and supported in a manner which reasonably prevents
the possibility of the signs becoming hazards to the public health and safety.
(b) Temporary Board & Banner Sign Category. A sign located outside of a building for up to 3
limited periods of display in a calendar year. Such signs may or may not be used for the purpose
of informing the public of a sale or special offer.
1. Board Sign. A type of Temporary Board & Banner Sign that is temporarily placed on the
ground and made of rigid material such as plywood or corrugated plastic.
a. Display of Board Signs shall be limited to 30 days. Each business shall be limited to
three 30-day display periods for board, banner or waving signs collectively per calendar
year.
b. Permitted sign lighting: None
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2. Banner Sign. A type of Temporary Board & Banner Sign that is made of flexible material
such as cloth or vinyl, and is supported along 1 or more sides or at 2 or more corners by
wires, ropes, string, nails, or other removable fastening materials.
a. Banner Signs shall be mounted so that they do not obscure the windows or doors of a
building.
b. Display of Banner Signs shall be limited to 30 days. Each business shall be limited to
three 30-day display periods for board, banner or waving signs collectively per calendar
year
c. Permitted sign lighting: None
3. Waving Sign. A type of Temporary Board & Banner Sign that is made of flexible material
and is intended to attract attention to a site.
a. Waving Signs are permitted in the following configurations. All other configurations
shall be construed to be prohibited by this Chapter:
i. A flag attached to a freestanding or wall-mounted flag pole that contains sign copy;
ii. A sign consisting of a piece of vertically elongated, flexible material such as cloth or
vinyl which is affixed to a single pole driven in the ground, sometimes called a
“feather sign”; or
iii. An inflatable sign capable of being filled with and expanded by air or other gas,
including includes animated or “dancing” signs
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b. Waving Signs shall be limited to 30 days. Each business shall be limited to three 30-day
display periods for board, banner or waving signs collectively per calendar year
c. Permitted sign lighting: None
(c) Temporary Development Sign Category. A sign located outside of a building, and which is
limited to display only information associated with on-site activities during the active
development of a building, site, or plat.
1. Active Building Board Sign. A type of Temporary Development Sign that is made of a
rigid material such as plywood or corrugated plastic, which may be displayed only on the site
under construction, and only during the time period in which the Building Permit is valid.
a. Permitted sign lighting: None
2. Active Plat Board Sign. A type of Temporary Development Sign that is made of a rigid
material such as plywood or corrugated plastic, which may be displayed only information
associated with on-site activities on the site of a land division plat under construction, and
only during the time period when less than 75 percent of the lots in the plat phase have been
sold.
a. Permitted sign lighting: None
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(4) Permanent Miscellaneous Signs Group. A permanent sign that is available to all sites in the City
regardless of land use, with the exception of the Institutional Information Sign, which is only
permitted in the Institutional Zoning District.
(a) Rules for all Permanent Miscellaneous Signs.
1. Permanent Miscellaneous Signs are available to all land uses.
2. Refer to Figure 30-290c for the rules pertaining to the maximum permitted quantity, area,
and height of specific Sign Types.
3. The Permanent Miscellaneous Sign Group contains the following Sign Categories:
Identification & Safety Signs and Optional Miscellaneous Signs
(b) Identification & Safety Sign Category. A Sign Category that includes signs that the City finds
essential in order to protect the public health, safety, and/or welfare. Specifically, these signs are
used to provide information essential to the following public purposes: to deliver mail; to
identify property addresses for the provision of emergency services such as fire or rescue service;
to identify the management of rental properties for the provision of emergency services; to
provide information about parking limitations or warnings against trespass; and, to provide
information about required traffic flow where a safe path to a destination is not evident.
1. Address Sign. A type of Identification & Safety Sign that contains address numerals.
a. Address Signs shall be located on the building and shall be visible from a public street.
b. Permitted sign lighting: external and internal character/cabinet
2. Building Management Identification Sign. A type of Identification & Safety Sign
indicating the name and/or address of the property owner, tenant and/or manager of the
property.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
Draft #6 326 July 22, 2016
a. Building Management Identification Signs shall be located on the building.
b. Permitted sign lighting: None
3. On-Site Warning Sign. A type of Identification & Safety Sign that indicates a warning from
the property owner related to conditions on-site and/or that cites a City, State, or Federal
law, order, rule, or regulation. Such signs shall contain no commercial message. Examples
include signs listing parking hours or “No Trespassing,” “No Loitering,” or “Customer
Parking Only” signs.
a. On-Site Warning Signs may be freestanding or on-building in configuration.
b. Permitted sign lighting: None
4. On-Site Directional Sign. A type of Identification & Safety Sign that includes a directional
arrow or symbol to a specific business destination within a development or site. On-Site
Directional Signs may also include either the name, logo, or symbol of the destination,
provided that the name, logo, or symbol is less than 1 square foot.
a. On-Site Directional Signs may be freestanding or on-building in configuration.
b. Permitted sign lighting: external and internal character/cabinet
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
Draft #6 327 July 22, 2016
(c) Optional Miscellaneous Sign Category. A Sign Category that conveys information which the
City of Oshkosh finds essential to encourage placemaking, particularly related to officially-
recognized historic places, officially-designated neighborhoods, and communication of
information to the general public.
1. Metal Plaque Sign. A type of Optional Miscellaneous Sign available to officially-recognized
historic properties, sites, or districts, typically denoting the name of the building onto which
it is mounted, its date of erection, and/or historical information.
a. Metal Plaque Signs shall be located on a building or on the ground.
b. Permitted sign lighting: external
2. Neighborhood Sign. A type of Optional Miscellaneous Sign typically indicating the name
of a neighborhood, neighborhood association, or subdivision recognized by the City of
Oshkosh.
a. Neighborhood Signs shall require a conditional use permit.
b. Neighborhood Signs shall be configured as Monument Signs or Dual Post Signs.
c. Permitted sign lighting: external and backlit
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
Draft #6 328 July 22, 2016
3. Institutional Information Sign. A type of Optional Miscellaneous Sign typically providing
information to the community regarding scheduled public events, public activities, and
public facilities.
a. Institutional Information Signs shall be permitted only in the Institutional Zoning
District.
b. Institutional Information Signs shall be configured as Monument Signs or Dual Post
Signs.
c. Institutional Information Signs may have changeable copy and may incorporate an
electronic message board. Electronic message boards shall not be permitted within 100
feet of any parcel within a residential zoning district.
d. Permitted sign lighting: external and internal character/cabinet
(5) Yard Signs Group. A sign that is intended to accommodate a wide variety of sign purposes (e.g.
garage sale signs, for sale signs, political signs, “slow down for kids” signs, etc.), needed on a temporary
basis. Such signs are freestanding, are mounted on 1 or 2 stakes or posts, and do not have footings.
(a) Rules for all Yard Signs.
1. Yard Signs are available to all land uses.
2. Refer to Figure 30-290c for the rules pertaining to the maximum permitted area and height
for Yard Signs.
3. Yard Signs shall be located on-site.
4. Each lot shall be limited to 1 Yard Sign.
a. Any number of Yard Signs is permitted between the deadline for candidate filing for any
local, state, or federal election hosted by the City of Oshkosh and 2 days following said
election.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
Draft #6 329 July 22, 2016
(b) The Yard Signs Group contains three Sign Types:
1. Stake Sign. A type of Yard Sign that consists of a sign face erected upon one or more metal
wires or wood, metal, or plastic stakes of no more than 3 inches in width.
a. Permitted sign lighting: None
2. Frame Sign. A type of Yard Sign that consists of a frame into which a sign face can be
inserted and erected upon two wood, metal, or plastic stakes or ground spikes.
a. Permitted sign lighting: None
3. Arm & Post Yard Sign. A type of Yard Sign mounted on a post or posts, either with a
bracket arm extending outward to support a hanging sign, with the sign attached directly to
the side of the post, or with the sign mounted between two posts.
a. Permitted sign lighting: None
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
Draft #6 330 July 22, 2016
(6) Prohibited Signs.
(a) Abandoned Sign. Any sign remaining in place on a site or a portion of a site (such as a single
tenant in a multitenant building) that has been vacant, closed, or otherwise unoccupied for a
period of 365 days.
1. Signs included in the Yard Sign Group, as defined in Section 30-271(5), shall not be
considered abandoned as long they are maintained and are in functional condition.
(b) Advertising Vehicle Sign. A vehicle, trailer, or other piece of equipment which contains any
sign or advertising device.
1. Business vehicles legally parked in any of the locations described below shall not be
considered Advertising Vehicle Signs:
a. A business vehicle parked on site at the place of business in a parking space that is
designated for company vehicle parking or storage on a site plan approved by the City,
where said vehicle is moved or operated on a regular basis; or
b. A business vehicle legally parked on site at the residence of an employee (including
driveways and legal off-street parking spaces).
(c) Beacon/Search Beacon Sign. Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same site as the light source; also, any light with one
or more beams that rotate or move.
(d) Billboard. See Off-Premise Advertising Sign.
(e) Flashing/Scrolling/Animated Sign. A sign having lights or illumination which flashes, scrolls,
moves, rotates, twinkles, blinks, flickers, varies in intensity of color, or uses intermittent electrical
pulsations. Electronic message boards meeting the definition and requirements of Section 30-280
of this Chapter shall not be considered flashing, scrolling, or animated signs.
(f) Mobile/Portable Sign. A sign not permanently attached to the ground that is designed to be
moved from one location to another. Also, a sign mounted on a frame or chassis designed to be
easily relocated, including vehicles and/or trailers whose principal commercial use is for signage.
Licensed and operable business vehicles, trailers, or other pieces of equipment shall not be
considered mobile or portable signs. Sandwich Board Signs meeting the definition and
requirements of Section 30-271(2)(d)4. of this Chapter shall not be considered Mobile/Portable
Signs.
(g) Off-Premise Advertising Sign. A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than upon the site where the sign
is located.
1. Off-premise advertising signs include billboards but do not include Institutional Information
Signs.
2. Existing legal Off-Premise Advertising Signs made nonconforming by this Section shall be
permitted to continue as legal, nonconforming signs, subject to the requirements of Section
30-312.
(h) Roof Sign. A sign erected on a roof or above a parapet wall of a structure and which is wholly
or partially supported by said structure.
(7) Other Definitions.
(a) Advertising. Any writing, painting, display, emblem, drawing, sign or other device designed,
used or intended for display or any type of publicity for the purpose of making anything known
or attracting attention to a place, product, goods, or services.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-271: Definitions and Rules for Sign Groups, Categories, and Types
Draft #6 331 July 22, 2016
(b) Building frontage. That building elevation that fronts on a public right-of-way or navigable
waterway.
(c) Business/tenant frontage. That portion of a building frontage occupied by a single tenant
space having a public entrance within the building frontage. For businesses located on the
interior of a building without building frontage, the building elevation providing customer access
shall be considered the business frontage.
(d) Cabinet Sign. A box-like sign with a frame or external structure of that encloses the various
functional elements of the sign, whether electrical or structural components. Cabinet Signs have
a plastic or glass sign face and may or may not be internally illuminated.
(e) Commercial message. Any sign wording, logo or other representation that, directly or
indirectly, names, advertises or calls attention to a business product, service, idea or commercial
activity. Electronic changeable copy is regulated as an electronic message board as defined in
Section 30-280.
(f) Copy. Words, letters, numbers, figures, designs or other symbolic representations incorporated
into a sign.
(g) Changeable copy. Sign copy that may be changed manually to provide different information
such as boards with changeable letters, bulletin boards, and chalkboards.
(h) Customer entrance. The entrance that the public can use when an establishment is open to the
public.
(i) Electronic message board. See Section 30-280.
(j) Height of sign. The vertical distance from the average ground level adjacent to the sign to the
top of the highest attached component of the sign. See Section 30-291(2) for details and for
measurement of sign height from the centerline grade of the nearest adjacent public road.
(k) Maintain. Maintaining the existing appearance of the sign; replacing or repainting the sign
colors, and messages; or changing the face of an off-premise advertising sign. Maintenance is
distinct from alteration of nonconforming signs. (See Section 30-312.)
(l) Lighting, ambient. Illumination in which the only light that falls onto the sign come from
sources that are available naturally (e.g. sunlight, moonlight) or from artificial lighting sources
used for other purposes in the vicinity of the sign (e.g. street lights, lighting installed for other
purposes or sites)
(m) Lighting, backlit. Illumination that is arranged in such a way that the light is cast from behind
the sign to the eyes of the viewer. Often, the lighting element is unshielded but concealed behind
individual freestanding letters, creating a silhouette effect.
(n) Lighting, external. Illumination resulting from light emitted directly from a shielded light
fixture directed onto the sign face. External lighting includes gooseneck light fixtures, which are
shielded light fixtures attached to a curved neck, located at the top of the sign, and angled
downward onto the sign face.
(o) Lighting, internal. Illumination emanating from a lighting element that is located behind the
sign face and which is completely enclosed. Such illumination is diffused through a translucent
material such as plastic or frosted glass. Internal lighting includes neon lighting, internally-lit
cabinets, and internally-lit individual letters or characters.
(p) Landmark sign. Signs painted on a building façade that are at least 50 years old which may no
longer advertise an existing business activity and are determined to be a historic sign.
(q) Plat phase. The collection of lots, rights-of-ways, and outlots located within the perimeter
boundary of a Final Plat.
City of Oshkosh Zoning Ordinance Article X: Signage
Sections 30-272 to 30-279: Reserved
Draft #6 332 July 22, 2016
(r) Sign area. The entire face of a sign, including the extreme limits of writing, representation,
emblem or other display, together with any material or color forming an integral part of the
background of the display but not including any supporting framework. See Section 30-291(3).
(s) Sign face. The area or display surface used for the message.
(t) Site. A lot or combination of lots under the jurisdiction of this Chapter. A site may also be
determined to be a portion of a single lot where more than one building in a Group
Development (approved by the City) contains separate businesses. For the purposes of this
Chapter, the site shall be determined by the Director of Community Development, or designee.
(u) Three-dimensional signs: Signs that have a depth or relief on their surface. Where a sign
consists of one or more three-dimensional objects (i.e., balls, cubes, clusters of objects, sculpture
or statue-like trademarks), the sign area shall be measured per Section 30-291(4)(b) and (c).
Three-dimensional wall signs that project more than 18 inches beyond the structure on which
they are mounted shall be regulated as Projecting Signs under Section 30-271(2)(c)3.
Sections 30-272 to 30-279: Reserved
Section 30-280: Electronic Message Boards
(1) Electronic Message Board. A sign or component of a sign that displays words, lines, logos, graphic
images, or symbols, which may be changed electronically to provide different information, and which
includes computer signs, electronic reader boards, video screens, LCD signs, electronic time and
temperature signs, and other signs with electronically-controlled changing or moving displays.
(a) Unless otherwise prohibited by this Chapter, electronic message boards may be integrated into
the design of any Permanent Business Sign or Institutional Information Sign, as permitted by
Figure 30-290a.
(b) Permitted electronic message board area shall be in addition to the total permitted sign area for a
given site.
(c) Messages and non-text images shall not change appearance more than once every 10 seconds,
and transitions between messages shall be via instantaneous change. Use of electronic message
boards for images, text, or lighting that change appearance in a manner not permitted above shall
be considered flashing, scrolling, or animated signs, which are prohibited per Section 30-294.
(d) Electronic message boards shall be equipped with photosensitive equipment which automatically
adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor
illumination.
(e) Electronic message boards shall comply with the lighting requirements of Section 30-190.
(f) Electronic message boards shall be maintained so as to be able to display messages in a complete
and legible manner.
(g) In addition to the setback requirements of this Chapter, no sign containing an electronic message
board shall be located within 100 feet of any parcel within a residential zoning district.
Section 30-281: Fuel Price Boards
(1) Fuel Price Boards. A sign or component of a sign that lists the price of gasoline sold on-site, as
required by Wis. Stat. section 100.18(8).
(a) Fuel price boards shall not be separate signs, but rather shall be integrated into the design of a
permitted Permanent Business Sign.
(b) Fuel price boards may list up to 1 price per type of fuel, which shall be displayed on a single
structure.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-282: Signage for Group and Large Developments
Draft #6 333 July 22, 2016
(c) Fuel price boards may not exceed 100 square feet per sign.
(d) Fuel price boards may be illuminated, per the lighting requirements of Section 30-190.
(e) Fuel price boards may contain changeable copy or electronic message boards, per the
requirements of Section 30-280.
Section 30-282: Signage for Group and Large Developments
(1) In order to accommodate increased signage needs for multi-tenant buildings and larger developments,
Group Developments and Large Developments, defined under Section 30-220, shall be permitted an
increase in total permitted sign area and height.
(2) Permanent Business Signs for Group and Large Developments may be increased by up to 50 percent
in area and up to and 2 feet in height above the maximum signage permitted for the applicable zoning
district.
(3) No lot utilizing the signage bonus under Subsection (2), above, shall be permitted more than one
freestanding sign per lot.
Sections 30-283 to 30-289: Reserved
Section 30-290: Permitted Signs Rules
(1) Signs shall be allowed on private property in the City in accordance with Figures 30-290a through 30-
290d, which address permitted signage as it relates to permits, quantity, area, location, lighting, and
zoning districts. The requirements set forth in Figures 30-290a through 30-290d shall be declared to be
part of this Chapter.
(a) Permitted signs by zoning district are located in Figure 30-290a.
(b) Permitted sign characteristics for Permanent Business Signs are located in Figure 30-290b.
(c) Permitted sign characteristics for all signs other than Permanent Business Signs are located in
Figure 30-290c.
(d) Permitted sign lighting for all signs is located in Figure 30-290d.
(2) Guide to Figure 30-290a. If the letter “Y” appears for a sign type in a column, such sign is allowed
without prior permit approval in the zoning districts represented by that column. If the letter “P”
appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning
districts represented by that column. If the letter “C” appears for a sign type in a column, such sign is
allowed only with conditional use permit approval in the zoning districts represented by that column.
Special conditions may apply in some cases. If the letter “N” appears for a sign type in a column, such
a sign is not allowed in the zoning districts represented by that column under any circumstances.
(a) Although generally permitted by this Section, a sign designated by an “Y,” “P,” or “C” in Figure
30-290a shall be allowed only if:
1. The sum of the area of all Permanent Business Signs on the lot conforms to the maximum
permitted sign area as determined by the formula for the zoning district in which the lot is
located and conforms to any additional limitations in other applicable Sections of this
Chapter.
2. The size, location, lighting, and number of signs on the lot conform to the requirements
Figure 30-290b through 30-290d, which establish permitted sign dimensions and
characteristics by sign type, and with any additional limitations in other applicable Sections
of this Chapter.
(b) Signage for all uses in the Planned Development zoning district shall be permitted per the base
zoning district or as modified in an approved Planned Development.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-290: Permitted Signs Rules
Draft #6 334 July 22, 2016
(c) Key to Figure 30-290a and Figure 30-290b. Figure 30-290a and Figure 30-290b, the headings
have the following meanings:
Abbreviation
Used in Figures 30-290a
and 30-390b on the
following page.
Uses and Zoning Districts
SF Single family, duplex, and two-flat residential districts, including SR-2, SR-3,
SR-5, SR-9, DR-6, TR-10, and MH-9
MF Multi-family residential districts, including MR-12, MR-20, and MR-36
INS
All institutional uses as defined in Section 30-77 in all zoning districts. Such
uses may include but are not necessarily limited to schools, churches,
universities, government facilities, and assisted living facilities.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-290: Permitted Signs Rules
Draft #6 335 July 22, 2016
Figure 30-290a: Permitted Signs by Purpose/Configuration and Zoning District
Zoning Districts1
RH SF MF INS2 NMU SMU UMU CMU3 RMU3 BP UI HI
Permanent Business Sign Group
Freestanding Sign Category
Dual Post Sign P P P P P P P P P P P P
Monument Sign P P P P P P P P P P P P
Pylon Sign N N N C N P P N N P P P
On-Building Signs
Awning/Canopy Sign N N P P P P P P P P P P
Marquee Sign N N N P C P P P P P P P
Projecting Sign N N N P P P P P P P P P
Suspended Sign P N N P P P P P P P P P
Wall Sign P P P P P P P P P P P P
Window Sign P P P P P P P P P P P P
Daily Notice Signs
Bulletin Board Sign P N C P P P P P P N N N
Drive-Through Sign4 N N N N P P P P P N N N
Menu Board Sign N N N N P P P P P P N N
Sandwich Board Sign P N N N P P P P P P N N
Temporary Business Sign Group
Temporary Board & Banner Sign Category
Board Sign P P P P P P P P P P P P
Banner Sign P P P P P P P P P P P P
Waving Sign N N N P N P P P C C N N
Temporary Development Sign Category
Active Building Board Sign P P P P P P P P P P P P
Active Plat Board Sign P P P P P P P P P P P P
“Y” = Sign is allowed without prior permit approval.
“P” = Sign is allowed only with prior sign permit approval.
“C” = Sign is allowed only with prior conditional use permit approval
“N = Sign is not allowed in the zoning districts represented by that column under any circumstances.
Table and footnotes continued on the following page.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-290: Permitted Signs Rules
Draft #6 336 July 22, 2016
Figure 30-290a: Permitted Signs by Purpose/Configuration and Zoning District, Continued
Zoning Districts1
RH SF MF INS2 NMU SMU UMU CMU3 RMU3 BP UI HI
Permanent Miscellaneous Sign Group
Identification & Safety Sign Category
Address Sign Y Y Y Y Y Y Y Y Y Y Y Y
Building Mgmt Identification Sign Y Y Y Y Y Y Y Y Y Y Y Y
On-Site Warning Sign Y Y Y Y Y Y Y Y Y Y Y Y
On-Site Directional Sign Y Y Y Y Y Y Y Y Y Y Y Y
Optional Miscellaneous Sign Category
Metal Plaque Sign Y Y Y Y Y Y Y Y Y Y Y Y
Permanent Plat Sign P P P P P P P P P P P P
Institutional Information Sign P P P P P P P P P P P P
Temporary Miscellaneous Sign Group
Yard Sign Category
Stake Sign Y Y Y Y Y Y Y Y Y Y Y Y
Frame Sign Y Y Y Y Y Y Y Y Y Y Y Y
Arm & Post Yard Sign Y Y Y Y Y Y Y Y Y Y Y Y
Electronic Message Boards
Electronic Message Board N C C P/C 5 N P P C C P P P
“Y” = Sign is allowed without prior permit approval.
“P” = Sign is allowed only with prior sign permit approval.
“C” = Sign is allowed only with prior conditional use permit approval
“N = Sign is not allowed in the zoning districts represented by that column under any circumstances.
Notes:
1. Signage for Campus zoning district: per adopted Campus Master Plan, or per institutional uses if a Campus
Master Plan is not adopted. (See Section 30-386.) Signage for Planned Development districts: per adopted
GDP and SIP. (See Section 30-387.)
2. This column applies to all uses with Institutional (I) zoning and all institutional uses as defined in Section 30-77
in all zoning districts. Such uses may include but are not necessarily limited to schools, churches, universities,
government facilities, and assisted living facilities.
3. See Section 30-294 for sign limitations specific to the CMU and RMU zoning districts.
4. Only available to approved Drive-Through and In-Vehicle and Service land uses
5. Electronic message boards are “P” for uses located in Institutional (I) zoning districts; “C” for institutional
uses in all other districts.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-290: Permitted Signs Rules
Draft #6 337 July 22, 2016
Figure 30-290b: Permitted Sign Characteristics for Permanent Business Signs by Zoning District1
Zoning Districts
RH SF2 MF INS3 NMU SMU UMU CMU RMU BP UI HI
Permanent Business Sign Group
Freestanding Sign Category (includes Dual Post, Monument, and Pylon Sign Types)
Sign Area Calculation 1 square foot of sign area per 1 linear foot of public right-of-way frontage;
or at least 50 square feet per lot4
Maximum Area of all
Freestanding Signs (per side)
50
sq ft
15
sq ft
25
sq ft
100/
2005 25/
506
100/
200/
4007
100/
200/
4007
100
sq ft
100
sq ft
100/
2005
100/
200/
4007
100/
200/
4007
Maximum Height –
Dual Post or Monument Sign8 10 ft 5 ft 5 ft 15 ft 10 ft 15 ft 15 ft 15 ft 15 ft 15 ft 20 ft 20 ft
Maximum Height – Pylon Sign8 --- --- --- 30 ft --- 35 ft 30 ft --- --- 30 ft 30 ft 30 ft
Number per Lot 1 per public right-of-way frontage
On-Building Sign Category (includes Awning/Canopy, Marquee, Projecting, Suspended, Wall, and Window Sign Types)
Maximum Area per Building
Façade (except Window Signs)
1 square foot per linear foot of building frontage.9
Not to exceed 30% of wall area per building façade (or 15% in SF zoning districts).
Window Signs Not to exceed 33% of the individual glass area contained within a mullion or frame.
Daily Notice Sign Category – One Daily Notice Sign is permitted per business with public right-of-way frontage.
Bulletin Board Sign Maximum Area: 8 sq ft
Maximum Height: 8 ft
Maximum Area: 16 sq ft
Maximum Height: 10 ft
Drive-Through Sign10 Maximum Area: 24 sq ft Maximum Height: 8 ft
Sandwich Board Sign Maximum Area: 6 sq ft Maximum Height: 4 ft Maximum Width: 3 ft
Menu Board Sign Maximum Area: 8 sq ft Maximum Height: 8 ft
Electronic Message Boards (in addition to maximum permitted signage area)
Maximum Area (per side) --- 50
sq ft
100
sq ft --- 100
sq ft
50
sq ft
50
sq ft
50
sq ft
100
sq ft
50
sq ft
50
sq ft
Notes:
1. See Section 30-271(2) for additional regulations for specific Sign Types.
2. None of the Sign Types in this Figure are available to single family or two family land uses.
3. This column applies to all uses with Institutional (I) zoning and all institutional uses as defined in Section 30-77 in
all zoning districts. Such uses may include but are not necessarily limited to schools, churches, universities,
government facilities, and assisted living facilities.
4. For lots with narrow public right-of-way frontages, an alternative method, based on the width of the lot at the
building façade, may be used to calculate maximum freestanding sign area. See Figure 30-291b.
5. For lots less than or equal to 2 acres: 100 sq ft. For lots greater than 2 acres: 200 sq ft
6. For lots less than or equal to 2 acres: 25 sq ft. For lots greater than 2 acres: 50 sq ft
7. For lots less than or equal to ½ acre: 100 sq ft. For lots greater than ½ acre and less than or equal to 2 acres: 200
sq ft. For lots greater than 2 acres: 400 sq ft
8. See Section 30-291(2) for sign height measurement.
9. Regardless of the length of the building frontage, each tenant with exterior frontage is allowed a minimum of 50
square feet for on-building signage. There is no limit to the number of on-building signs per lot or per building.
10. Only permitted with approved Drive-Through and In-Vehicle Sales and Service land uses.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-290: Permitted Signs Rules
Draft #6 338 July 22, 2016
Figure 30-290c: Permitted Sign Characteristics for All Other Signs1
All Zoning Districts
Quantity
Maximum
Area per Side
Maximum
Height
Temporary Business Sign Group (Select 1 sign per Category)
Temporary Board & Banner Sign Category
Board Sign 1 Board Sign or 1 Banner Sign per
lot or 1 Waving Sign per 100 linear
feet of building frontage
32 sq ft 8 ft
Banner Sign 32 sq ft 8 ft
Waving Sign 32 sq ft 20 ft
Temporary Development Sign Category
Active Building Board Sign 1 Active Building Board Sign or
Active Plat Board Sign per lot2
32 sq ft 8 ft
Active Plat Board Sign 32 sq ft 8 ft
Permanent Miscellaneous Sign Group
Identification & Safety Sign Category
Address Sign 1 per address 4 sq ft 10 ft
Building Management
Identification Sign 1 per building 1 sq ft 10 ft
On-Site Warning Sign As needed for public safety and
welfare 8 sq ft 6 ft
On-Site Directional Sign 2 per each vehicular entrance/exit
and 1 per distinct parking area 8 sq ft 6 ft
Optional Miscellaneous Sign Category
Metal Plaque Sign Up to 3 per designated historic
property, site, or district 6 sq ft 8 ft
Neighborhood Sign 1 per Plat area or neighborhood
recognized by the City Council 100 sq ft 8 ft
Institutional Information Sign 1 per street frontage with
Institutional zoning 100 sq ft 10 ft
Yard Signs Group (Select 1 Yard Sign)
Stake Sign 1 Stake Sign, Frame Sign, or Arm &
Post Yard Sign per lot3
3/6/32 sq ft4 4/8 ft4
Frame Sign 3/6/32 sq ft4 4/8 ft4
Arm & Post Yard Sign 6/9/32 sq ft5 6/12 ft5
Notes:
1. See Section 30-271(3) through (4) for additional regulations for specific Sign Types.
2. One Active Building Board Sign is permitted for each approved building with a valid Building Permit. One
Active Plat Board Sign is permitted for each public street intersection at the perimeter of any plat phase with
less than 75% of the lots sold.
3. Any number of Yard Signs is permitted between the deadline for candidate filing for any local, state, or
federal election hosted by the City of Oshkosh and 2 days following said election.
4. For single family and two family uses: maximum of 3 sq ft and no taller than 4 ft. For multiple family uses:
maximum of 6 sq ft and no taller than 4 ft. For all other uses: maximum of 32 sq ft and no taller than 8 ft.
5. For single family and two family uses: maximum of 6 sq ft and no taller than 6 ft. For multi-family uses:
maximum of 9 sq ft and no taller than 6 ft. For all other uses: maximum of 32 sq ft and no taller than 12 ft.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-290: Permitted Signs Rules
Draft #6 339 July 22, 2016
Figure 30-290d: Permitted Sign Lighting for All Signs
Permitted Sign Lighting Type
External
Internal
Character/Cabinet Backlit
Permanent Business Sign Group
Dual Post Sign Y Y Y
Monument Sign Y Y Y
Pylon Sign Y Y Y
Awning/Canopy Sign N N N
Marquee Sign Y Y N
Projecting Sign Y Y N
Suspended Sign Y Y N
Wall Sign Y Y Y
Window Sign N Y N
Bulletin Board Sign Y Y Y
Drive-Through Sign Y Y Y
Menu Board Sign Y N N
Sandwich Board Sign N N N
Temporary Business Sign Group
Board Sign N N N
Banner Sign N N N
Waving Sign N N N
Active Building Board Sign N N N
Active Plat Board Sign N N N
Permanent Miscellaneous Sign Group
Address Sign Y Y N
Building Mgmt Identification Sign N N N
On-Site Warning Sign N N N
On-Site Directional Sign Y Y N
Metal Plaque Sign Y N N
Neighborhood Sign Y N Y
Institutional Information Sign Y Y N
Yard Sign Group
Stake Sign N N N
Frame Sign N N N
Arm & Post Yard Sign N N N
“Y” = Lighting type is allowed for this Sign Type.
“N” = Lighting type is not allowed for this Sign Type.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-291: Sign Setback, Height, Measurement, and Flexibility
Draft #6 340 July 22, 2016
Section 30-291: Sign Setback, Height, Measurement, and Flexibility
(1) Sign Setbacks. All freestanding signs (including any and all parts) shall meet the setback requirements
for principal structures for the zoning district in which they are located, or be set back a minimum of 5
feet from the front property line, whichever is greater.
(2) Sign Height.
(a) The height of a freestanding sign shall be measured from the average ground level adjacent to
the sign to the top of the sign, or from the centerline grade of the nearest adjacent public road, if
such information is supplied with the permit application and confirmed by the City, whichever is
higher.
1. On properties located on U.S. Highway 41, Koeller Street, Poberezny Road, or Washburn
Street, the height of a freestanding sign may be measured from the centerline grade of U.S.
Highway 41, if such information is supplied with the permit application and confirmed by
the City.
2. The average ground level is defined as the average elevation of the ground upon which the
sign supports are placed, except when the sign supports rest upon a berm or other area
elevated above the surrounding ground. In such cases, the average elevation at the base of
such berm or other area shall be considered as the ground level.
(3) Measurement of Sign Area: The measurement of sign area is based on the arrangement of sign copy
and sign background:
(a) Sign Area of Wall Signs.
1. For signs comprised of individual letters and related copy which are attached directly to a
wall or to a background surface, sign area shall be measured as the sum of the smallest
rectangle enclosing each letter or related copy. (See Example 1 in Figure 30-291a.)
2. For signs comprised of individual letters and related copy which are attached to a
background surface with one or more non-neutral background colors, sign area shall be
measured as the sum of the smallest rectangles and right triangles enclosing entire sign
message and any and all non-neutral background color areas. (See Example 2 in Figure 30-
291a.)
3. For signs comprised of letters and related copy surrounded by one or more sign background
colors on a single panel, sign area shall be measured as the smallest single rectangle enclosing
the entire sign message and any and all background color areas. (See Example 3 in Figure 30-
291a.)
4. For signs comprised of individual letters and related copy surrounded by one or more sign
background colors on individual panels, sign area shall be measured as the smallest single
rectangle enclosing the entire sign message and any and all background color areas. (See
Example 4 in Figure 30-291a.)
(b) Sign Area of Freestanding Signs. For freestanding signs, sign area shall include the total sign area
that can be viewed from any single vantage point. For example, for a typical freestanding sign
which faces two directions, only one face of the sign shall comprise the sign area. Sign area shall
not include any elements of the sign structure designed solely for support of the sign structure
and located below or to the side of the sign message. Examples of parts of a freestanding sign
structure which are exempt from the sign area include the sign base and the supporting columns,
posts, or poles.
(c) For three-dimensional signs, sign area shall be measured as the maximum horizontal length of
the sign face multiplied by the maximum vertical height of the sign face. This shall include the
extreme limits of all sign components except the supporting framework.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-291: Sign Setback, Height, Measurement, and Flexibility
Draft #6 341 July 22, 2016
Figure 30-291a: Measurement of Sign Area
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-291: Sign Setback, Height, Measurement, and Flexibility
Draft #6 342 July 22, 2016
(4) Flexibility: The City shall allow the following flexibility for Permanent Business Signs. Flexibility for
either height or area shall be permitted, but not both.
(a) Height of Freestanding Sign. A sign may exceed the height requirements in Figure 30-290b if for
every additional foot of height, the setback is increased by 1 foot. The maximum height of the
sign shall in no case exceed 50 percent of the maximum permitted building height.
(b) Area of Freestanding Sign: A sign may exceed the area requirements in Figure 30-290b if for
every additional square foot of area, the setback is increased by 1 foot. The maximum area of the
freestanding sign shall in no case exceed 150 percent of the permitted area. POLCY
QUESTION
(5) Measurement of Maximum Permitted Sign Area. For lots with narrow public right-of-way frontages,
an alternative method, based on the width of the lot at the building façade, may be used to calculate
maximum Freestanding Sign area. (See Figure 30-291b).
City of Oshkosh Zoning Ordinance Article X: Signage
Sections 30-292 to 30-293: Reserved
Draft #6 343 July 22, 2016
Figure 30-291b: Alternative Measurement of Maximum Freestanding Sign Area
Sections 30-292 to 30-293: Reserved
Section 30-294: Sign Prohibitions and Limitations
The regulations contained in this Subsection apply to signs in all zoning districts.
(1) Sign Prohibitions.
(a) See Section 30-271(6) for a list of prohibited Sign Types.
(b) No sign shall be erected at any location where it may, by reason of its position, shape, color or
design, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal
City of Oshkosh Zoning Ordinance Article X: Signage
Sections 30-295 to 30-309: Reserved
Draft #6 344 July 22, 2016
or device, nor shall such sign make use of words such as “stop,” “look,” “danger,” or any other
word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse
users of streets or highways, as determined by the Transportation Director.
(c) No cabinet signs, as defined in Section 30-271(7)(d), shall be permitted in the CMU and RMU
zoning districts.
(d) In the CMU and RMU zoning districts, signs constructed of sheet metal, sheet plastic, or thin
plywood are discouraged. If used, such materials shall be ¾-inch in thickness or greater.
(e) Signs shall not interfere with street trees, street lights, traffic devices, or any city streetscaping
installed in the right-of-way.
(f) No sign shall be hand painted in a nonprofessional or “amateur” manner. Hand painted sign
copy applied to a sign by a professional artist, graphic designer or other media specialist is
permitted.
(g) No fluttering, undulating, swinging, rotating, or otherwise moving signs such as windsocks,
motorized signs, pennants, and streamers. This shall not apply to Banner Signs as defined in
Section 30-271(3)(b)2. or Waving Signs as defined in Section 30-271(3)(b)3.
(h) No signs shall project above the building parapet or eave.
(i) No flashing, scrolling, or animated signs shall be permitted.
(j) No signs shall be mounted to an unlicensed trailer or other unlicensed vehicle.
(k) No signs mounted to a vehicle, trailer, or other equipment.
(l) No beacons or search beacons shall be permitted.
(m) No billboards or off-premise advertising signs shall be permitted.
(n) No off-premise directional signs shall be permitted.
(o) No abandoned signs shall be permitted.
(2) Sign Limitations.
(a) No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from
any door, window, or fire escape, and no sign shall be attached to a standpipe or fire escape.
(b) No sign shall be placed in a manner that would impede vehicular or pedestrian safety, or impede
access or visibility. Signs shall meet the visibility requirements of Section 30-174.
(c) No private sign shall be attached to or painted on any natural feature (e.g. tree or rock), fence,
public utility pole, public light pole or traffic regulatory structure.
(d) Sign Lighting and Illuminated Signs.
1. Unless explicitly allowed for the Sign Type, only ambient lighting shall be permitted.
2. All illuminated signs shall comply with the lighting requirements of Section 30-190.
(e) No sign shall be permitted to extend into a public right-of-way, except for permitted Projecting,
Awning, Marquee, and Sandwich Board Signs; or as may be specifically authorized in a PD
zoning district; or as otherwise allowed by this Chapter. See Section 30-311(7) for installation and
ground clearance requirements for signs that legally encroach into the public right-of-way.
Sections 30-295 to 30-309: Reserved
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-310: Sign Permits – Application, Enforcement, and Revocation
Draft #6 345 July 22, 2016
Section 30-310: Sign Permits – Application, Enforcement, and Revocation
(1) Applicability.
(a) Refer to Figure 30-290a for signs that require a sign permit.
(b) Except as otherwise provided in Figure 30-290a, only those permanent or temporary signs which
have been granted a permit in accordance with the provisions of this Section may be erected,
installed, constructed, or maintained.
(c) This Section shall apply and be construed to require a permit for any conversions or changes in
the sign structure of signs that require a permit.
(d) This Section shall not apply to repainting or re-facing with the same sign copy area, cleaning,
repair, or other normal maintenance of the sign or sign structure.
(e) No new permit is required for signs which are legally in place as of the effective date this
Chapter, and such signs may remain as legal nonconforming signs. Any alteration or relocation
of such signs shall conform to the requirements of this Chapter.
(f) Any sign permit granted hereunder may not be assigned or transferred to any other sign,
including a modified sign structure.
(2) Sign Permit Application. Each sign permit application shall include:
(a) The name, address, phone number, and email address of the applicant, sign contractor, and
property owner.
(b) The property’s zoning designation and use of the building for which the sign will provide
information.
(c) A signage plan, drawn to a recognizable scale, for the property shall be submitted showing the
following:
1. Location, type, height, width, and area of the proposed sign.
2. Location, type, height, width, and area of all existing signs on the property and indication of
whether existing sign(s) will remain or be removed/replaced.
3. All property lines and buildings, structures, and paved areas on the property.
4. All parking areas, driveways, and public roads.
5. Method of attachment, structural support, method of illumination, and sign materials.
(d) Any other information that may reasonably be requested by the Director of Community
Development, or designee, for the purpose of evaluation.
Section 30-311: Appearance, Construction, and Maintenance of Signage
(1) Signs shall be mounted so that the method of installation is concealed. Signs applied to masonry
surfaces should be mechanically fastened to mortar joints only and not directly into brick or stone.
Drilling to provide electrical service shall follow the same rule.
(2) The base or support(s) of freestanding signs shall be securely anchored to a concrete base or footing.
(3) All permanent signs and their supporting members shall be constructed in accordance with the
Building and Electrical Codes.
(4) All signage within the jurisdiction of this Chapter shall remain in a state of proper maintenance. Proper
maintenance shall be the absence of loose materials (including peeling paint, paper or other material),
the lack of rust, the lack of excessive vibration or shaking, and the presence of the original structural
integrity of the sign, its frame and other supports, its mounting, and all components thereof.
Improperly maintained signs shall be subject to removal.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-312: Nonconforming Signs
Draft #6 346 July 22, 2016
(5) The repainting, changing of parts, and preventive maintenance of signs which completely conform to
the requirements of this Chapter, and result in absolutely no change in the appearance of the sign from
that originally approved, shall not be deemed alterations requiring a sign permit.
(6) Any signs which may be, or may hereafter become rotted, unsafe, or in a state which is not properly
maintained shall be repaired or removed by the licensee or owner of the sign, or owner of the property
upon which the sign stands, upon notice of the Director of Community Development, or designee.
Improperly maintained signs shall be subject to removal.
(7) Signs that Encroach into the Right-of-Way.
(a) An encroachment agreement shall be obtained from the City prior to placement of any sign that
extends into or over a public right-of-way.
(b) Minimum Ground Clearance. All Pylon Signs, Projecting Signs, and Marquee Signs shall have a
minimum ground clearance of 8 feet from grade to the bottom of the sign and shall not project
into any vehicle circulation area, beyond any public street curb line, or beyond any public street
pavement edge if no curb is present.
(c) Wall signs extending over the right-of-way shall be at least 8 feet above the level of the sidewalk.
(d) Unless otherwise determined by this Chapter, all other on-building signs shall be set back at least
1 foot from the face of the curb and shall be at least 10 feet above the level of the sidewalk, with
the following exceptions:
1. All Awning/Canopy Signs shall have a minimum ground clearance of 7 feet from the lowest
part of the frame or any fixed portion of the awning/canopy. The minimum ground
clearance from the bottom of the awning valance shall be 6 feet and 9 inches.
(e) Installation of all signs extending over any right-of-way shall be erected by a licensed sign
installer and require that a certificate of insurance or a sufficient bond has been filed with the
City Clerk.
Section 30-312: Nonconforming Signs
(1) Nonconforming Signs. Signs legally established prior to the effective date of this Chapter, which do
not conform to the provisions of this Chapter, such as brightness, scrolling, size, height, and location,
shall be considered nonconforming signs.
(2) Continuation of Nonconforming Signs.
(a) Nonconforming signs and sign structures shall not be reconstructed, altered, or moved to a new
location without being brought into compliance with the requirements of this Chapter. See
Subsection (3)(a), below, for what would constitute an alteration of a sign.
(b) Nonconforming signs may be maintained. The following changes to a nonconforming sign may
be made without triggering the need to bring the sign, or any of its parts, into compliance with
the provisions of this Chapter:
1. Maintaining the existing appearance of the sign.
2. Replacing the sign face.
3. Changing the message of a Marquee Sign or Institutional Information Sign.
4. Changing the face of an off-premise advertising sign.
(c) A tenant sign which comprises part of a group development sign may be replaced to
accommodate a new tenant sign without triggering the need to bring the entire group
development sign, or any of its parts, into compliance with the provisions of this Chapter.
(3) Alteration of Nonconforming Signs.
City of Oshkosh Zoning Ordinance Article X: Signage
Section 30-313: Removal of Signs and Sign Structures for Vacated Buildings
Draft #6 347 July 22, 2016
(a) For the purpose of this Section, alteration of a sign is considered to be any change to the exterior
appearance of its frame, its supporting structure, height, location, or any other alterations as
determined by the Director of Community Development, or designee. Such alterations shall
trigger the need to bring the sign, and any of its parts, into compliance with the provisions of this
Chapter.
(4) Removal of Nonconforming Signs: See Section 30-313.
Section 30-313: Removal of Signs and Sign Structures for Vacated Buildings
(1) A building, portion of a building, or site shall be determined to be vacated based on the following
criteria: (1) vacancy, as defined in Section 30-221(2), (2) cessation of some or all utilities, or (3) lapse or
termination of occupational license. Vacation of a building, structure, or site shall have the following
effect:
(a) At 365 days, nonconforming signs shall lose their legal nonconforming status.
(b) At 365 days, the owner of the property shall be responsible for removing any Permanent
Business Signs or Temporary Business Signs associated with the vacant building, portion of a
building, or site located on the property. At the property owner’s option, the property owner
shall do one of the following: remove all signs and structure, or replace the face of such signs
with a blank sign face. If the property owner is granted an extension under Subsection (c) below,
the requirement shall not apply during the extension period.
(c) An extension allowing signs and/or sign structures associated with vacant buildings, portions of
buildings, or sites to remain on the property for an additional 6-month time period after the
original 365 days have lapsed may be granted under the following conditions:
1. The property owner shall submit an application and allow City staff to inspect the vacated
sign(s) and/or sign structure(s) for potential hazards, safety concerns, or blight.
2. City staff shall review the application and sign to determine that the sign will not be a hazard,
safety concern, or blight for the duration of the extended time period.
3. Sign faces shall be replaced with a blank sign face and shall contain no sign copy. Painting
over or otherwise obscuring the existing sign message shall not be permitted.
Sections 30-314 to 30-329: Reserved
City of Oshkosh Zoning Ordinance Article X: Signage
Sections 30-314 to 30-329: Reserved
Draft #6 348 July 22, 2016
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City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-330: Purpose
Draft #6 349 July 22, 2016
ARTICLE XI: ADMINISTRATION AND PROCEDURES
Section 30-330: Purpose
The purpose of this Article is to establish responsibilities for the administration of this Chapter, and the
enforcement procedures and penalties for non-compliance with the provisions of this Zoning Ordinance.
The purpose of this Article is also to establish procedural requirements for zoning text amendments, zoning
map amendments, and various development approvals under this Chapter, including but not limited to
conditional use permits, temporary use permits, variances, certificates of occupancy, and site plan review and
approval.
Section 30-331: Exempt Activities
The following activities do not require review or approval by the City under this Chapter.
(1) Official public information street graphics installed by or at the direction of a governmental unit.
(2) The maintenance or improvement of a public road or railroad track within the boundaries of the right-
of-way.
(3) Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair,
renewal or construction on established rights-of-way of any sewers, mains, pipes, cables, utility tunnels,
power lines, towers, poles, tracks, or the like.
Sections 30-332 to 30-340: Reserved
Section 30-341: Director of Community Development
The Director of Community Development, or designee, is hereby designated as the administrative and
enforcement officer(s) for the provisions of this Chapter. The general duty of the Director of Community
Development, or designee, is to interpret and administer this Chapter. Examples of duties include:
(1) Maintain records of this Chapter, including, but not limited to, all maps, amendments, conditional uses,
temporary uses, site plans, planned developments, Campus Master Plans, occupancy permits,
variances, appeals, interpretations, and applications thereof.
(2) Receive, review, analyze, and develop written reports on all applications for amendments to this
Chapter, zoning map amendments, conditional use permits, temporary use permits, land use permits,
site plans, special area design review, group and large developments, planned developments, Campus
zoning, interpretations, variances, appeals, violations and penalties, sign permits, or other development
matters.
(3) Serve as staff to the Plan Commission, Zoning Board of Appeals, and other boards and commissions
as assigned.
(4) Issue land use permits when the requirements of this Chapter have been met, and make and maintain
records thereof.
(5) Along with any authorized agent, issue citations for the enforcement of this Chapter.
(6) Coordinate official development review processes among government offices to the extent feasible.
(7) Conduct inspections to determine compliance with the terms of this Chapter and to take remedial
action when required.
(8) Make interpretations regarding the provisions of this Chapter per Section 30-410.
(9) Investigate all complaints made relating to the location of structures and the use of structures, lands,
and waters.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-342: Plan Commission
Draft #6 350 July 22, 2016
Section 30-342: Plan Commission
(1) The Plan Commission, together with its other statutory duties, shall make recommendations relating to
the planning and development of the City to the Common Council, other public officials, and other
interested organizations and citizens. The Plan Commission is established in Chapter 2, Article VI, of
the City of Oshkosh Municipal Code.
(2) Except where they are the final step in the review process as established by this Chapter, the functions
of the Plan Commission are recommendatory to the Common Council pursuant to guidelines set forth
in this Chapter as to various matters, and, always being mindful of the intent and purposes of this
Chapter.
(3) See Figure 30-360 for a summary of the Plan Commission’s role in administering this Chapter.
Section 30-343: Common Council
(1) The Common Council, the governing body of the City, subject to recommendations by the Plan
Commission, has ultimate authority to adopt changes and amendments to this Zoning Ordinance and
the Official Zoning Map and other functions as determined by this Chapter. The Common Council is
established in Chapter 2, Article III, of the City of Oshkosh Municipal Code.
(2) See Figure 30-360 for a summary of the Common Council’s role in administering this Chapter.
Section 30-344: Zoning Board of Appeals
A Zoning Board of Appeals is established to provide an appeal procedure for persons who deem themselves
aggrieved by decisions of administrative officers in the enforcement of this Chapter.
(1) The Zoning Board of Appeals is established in Chapter 2, Article VI, of the City of Oshkosh
Municipal Code. Refer to this Chapter for provisions related to membership, functions, and duties of
the Board.
(2) Powers. The Board of Appeals shall have the powers established in Wis. Stat. 59.694(7). Examples of
such powers include:
(a) Hear Appeals. To hear and decide appeals where it is alleged there is an error in any order, ruling,
requirement, decision, or determination made by the Director of Community Development, or
designee.
(b) Authorize Variances. To authorize upon appeal in specific cases such variance from the terms of
this Chapter as will not be contrary to the public interest where, owning to special conditions, a
literal enforcement of the provisions of this Chapter will results in practical difficulty or
unnecessary hardship, so that the spirit of the Chapter shall be observed, public safety and
welfare secured, and substantial justice done.
(c) Extend Districts. To permit the extension of a district where the boundary line of a district
divides a lot held in single ownership at the time of passage of this Chapter.
(d) Interpret Ordinances. Interpret the provisions of this Chapter in such a way as to carry out the
intent and purpose of this Chapter as shown on the Official Zoning Map where the actual street
layout on the ground varies from the street layout on the aforesaid map.
(e) Vary Height and Area Regulations. To vary height and area regulations where this is an
exceptional or unusual physical condition of the lot, which condition is not generally prevalent in
the neighborhood and which condition when related to the height and area regulations of this
Chapter would present a reasonable or sensible arrangement of structures on the lot.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-345: Other City Boards and Commission
Draft #6 351 July 22, 2016
(f) Vary Parking Regulations. To vary the parking regulations where an applicant demonstrates
conclusively that the specific use of a structure would make unnecessary the parking spaces
required by this Chapter.
(3) See Figure 30-360 for a summary of the role of the Zoning Board of Appeals in administering this
Chapter.
Section 30-345: Other City Boards and Commission
See Chapter 2, Article VI, of the City of Oshkosh Municipal Code for the powers and duties of the
Landmarks Commission, Pedestrian and Bicycle Advisory Commission, Sustainability Advisory Commission,
Extraterritorial Zoning Committee, and other City boards and commissions.
Sections 30-346 to 30-359: Reserved
Section 30-360: Review and Approval Required
(1) Review procedures vary depending on the type of request; however, procedures within this Article
generally adhere to three common elements:
(a) Submittal of a complete application, including fee payment and appropriate supplemental
information
(b) Review by appropriate City staff and/or officials
(c) Action by appropriate City officials or staff to approve, conditionally approve, or deny the
request.
(2) Figure 30-360 summarizes the procedures, agencies, and personnel involved in the various procedures
authorized by this Chapter. Detailed zoning procedures are discussed in Section 30-380 through 30-
412 of this Article. Figure 30-360 is provided as a convenience for the City and general public. Where
there are conflicts between the text of this Chapter and Figure 30-360, the text shall prevail. POLICY
QUESTION
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-360: Review and Approval Required
Draft #6 352 July 22, 2016
Figure 30-360: Review and Approval Activities and Bodies
Application Process
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Zoning Ordinance Amendment (§30-380) RR PH, RR RE, A
Zoning Map Amendment (§30-381) PM*, RR PH, RR RE, A
Conditional Use Permit (§30-382) PM*, RR RE, A Appeal
Only RR**
Temporary Use Permit (§30-383) RE, IP
Land Use Permit (§30-384) RE, IP
Site Plan (§30-385) RE, A
Special Area Design Review (§30-386)
(CMU and RF-O zoning districts) See Section 30-386
Group & Large Development (§30-171) PM*, RR RE, A Appeal
Only RR**
Planned Development (§30-387) PM*, RR PH, RR RE, A
Campus Zoning (§30-388) PM, RR PH, RR RE, A
Interpretation (§30-410) RE, A Appeal
Only
Variance (§30-411) RR PH, RE,
A
Appeal (§30-412) RR PH, RE,
A
Violations and Penalties (§30-430) RE, A
Official Mapping (§Wis. Stats. 62.23(6)) PM, RR PH, RR RE, A
Land Interest Transfer RE, A
Land Division-CSM/no new lot (Article XVII) RE, A
Land Division-CSM/new lot (Article XVII) RR RE, A
Land Division-Preliminary Plat (Article XVII) RR RR RE, A
Land Division-Final Plat (Article XVII) RR RR A
Design Standard Variance (§30-240(d)3.) RR RE, A RR**
Historic Preservation: Landmarking
(Article XVIII) PM, RR RR RE, A PH, RR
Historic Preservation: Building Permit
(Article XVIII) RE, A
PH, A,
Appeal
Only
PH, RE, A
Figure and footnotes continued on the following page.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-361: Notice of Public Hearings
Draft #6 353 July 22, 2016
Figure 30-360: Review and Approval Activities and Bodies, Continued
Application Process
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Planning Document/Plans PM, RR RR RE, A RR**
Access Control Variance (§25-104.2) RR RE, A
Annexation (Wis. Stats. 66.0217) RR PH, RR RE, A
Attachment Refer to Adopted Agreement
Street Vacation/Discontinuance
(Wis. Stats. 66.1003) RR RR PH, RE,
A
Floodplain Map Amendment (§30-156) Refer to Wisconsin DNR/FEMA
Privilege in the Right-of-Way
(Wis. Stats. 62.23) RR RR RE, A
Easement Acceptance/Release
(Wis. Stats. 62.23) RR RR RE, A
Sign Permit (§30-310) RE, IP
Building Permit RE, IP See Chapter 7 of the Municipal Code
Certificate of Occupancy RE, IP See Chapter 7 of the Municipal Code
RE = Review and Evaluate IP = Issues Permit RR = Review and Recommend PH = Public Hearing
PM = Public Meeting A = Final Action
Note: This table is not exhaustive. Some procedures may not be covered within this table.
* If determined to be necessary by the Director of Community Development.
** Landmarks Commission review and recommendation necessary if site/building is locally landmarked, individually listed or part of the State
or National Register of Historic Places.
Section 30-361: Notice of Public Hearings
In order that the owners of property involved and other legitimately interested parties may have fair
opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of
this Chapter.
(1) Notice of any public hearing which the Council, Plan Commission, or Board of Appeals is required to
hold under the terms of this Chapter shall specify the date, time, and place of hearing, and the matter
to be presented at the hearing.
(2) The notice for variances and conditional uses shall be published as a Class 1 notice.
(3) The notice for zoning ordinance amendments and zoning map amendments shall be published as a
Class 2 notice.
(4) The notice of public hearing shall be published in a newspaper of general circulation in the City of
Oshkosh before the public hearing, as prescribed by state statutes or local ordinances.
(5) Notice of the public hearing shall be mailed to the last known address of all parties-in-interest before
the hearing. Parties-in-interest shall be defined as the petitioner; the Clerk of any municipality whose
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-362: Public Meetings
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boundaries are within 1,000 feet of any lands included in the petition; the owners of all lands included
in the petition and all lands lying within 100 feet of lands included in the petition; and the owner or
operator of an airport lying within 1 mile of lands included in the petition. The failure to give any
notice to any property owner shall not invalidate the action taken by any of the aforementioned bodies.
Section 30-362: Public Meetings
(1) For certain more complicated proposals, a public meeting may be required. Such meetings shall
provide an opportunity for legitimately interested parties to thoroughly examine the proposal and
allows the applicant to provide a thorough explanation of the proposal, answer questions from the
public and City, and potentially amend the proposal based on public input.
(2) Where a public meeting is required, within 90 days of filing of a complete application, the applicant
shall hold a public meeting to introduce and inform property owners within 100 feet of the subject
property of the proposal to solicit comments and address concerns. The City can supply a list of
property owners to the applicant upon request.
(a) The public meeting shall be held at a time and location that average member of the public can
reasonably attend, as determined by the Director of Community Development, or designee.
(b) The Director of Community Development, or designee, shall be notified of and invited to the
public meeting in order to assist the applicant and public on the topic.
(c) The public meeting shall be noticed.
(d) Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting minutes,
attendance records, documents distributed at the meeting, and presentation materials shall be
provided to the City
(e) The public meeting shall be held prior to review and action by the Plan Commission.
(f) Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing and
informing property owners within 100 feet of the subject property of the proposal may substitute
for the public meeting, if deemed appropriate by the Director of Community Development, or
designee.
Sections 30-363 to 30-379: Reserved
Section 30-380: Zoning Ordinance Amendment
(1) Purpose. The purpose of this Section is to provide regulations which govern the procedure and
requirements for the review and approval, or denial, of proposed amendments to the provisions of this
Chapter. Refer also to the requirements of Wis. Stats. 62.23(7)(d).
(2) Initiation of Request for Amendment. Proceedings for amendment of this Chapter may be initiated by
one of the following four methods:
(a) An application by any member of the general public.
(b) A recommendation by the Plan Commission to the Common Council.
(c) Action of the Common Council.
(d) A recommendation by City staff.
(3) Application Requirements. An application to amend the regulations of this Chapter shall contain the
following (digital files should be submitted whenever possible, if applicable):
(a) The Section(s) of the current provisions of this Chapter which are proposed to be amended.
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(b) The text which is proposed to replace the current text.
(c) As an optional requirement, the applicant may provide written justification for the proposed text
amendment, consisting of the reasons why the applicant believes the proposed text amendment
is in harmony with the Comprehensive Plan.
(d) Any further information needed by the Plan Commission to facilitate appropriate review and
generation of a comprehensive report to the Plan Commission and Common Council.
(4) Review by the Director of Community Development, or designee.
(a) The Director of Community Development, or designee, shall determine whether the application
is complete and fulfills the requirements of this Chapter. If the application is determined to be
incomplete, the Director of Community Development, or designee, shall notify the applicant and
the application will not be forwarded.
(b) The Director of Community Development, or designee, and Development Review Team shall
review the complete application and evaluate whether the proposed amendment:
1. Advances the purposes of this Chapter as outlined in Section 30-03.
2. Advances the purposes of the general Article in which the amendment is proposed to be
located.
3. Advances the purposes of the specific Section in which the amendment is proposed to be
located.
4. Is in harmony with the Comprehensive Plan.
5. Maintains the desired overall consistency of land uses, land use intensities, and land use
impacts within the pertinent zoning districts.
6. Addresses any of the following factors that may not be addressed in the current zoning text:
a. A change in the land market, or other factors which require a new form of development,
a new type of land use, or a new procedure to meet said change(s).
b. New methods of development or types of infrastructure.
c. Changing governmental finances to meet the needs of the government in terms of
providing and affording public services.
d. Any other factor deemed appropriate by the City.
7. The Director of Community Development, or designee, shall prepare a written report
addressing items in Subsection (4)(b), above, and forward said report to the Plan
Commission for the Commission’s review and use in making its recommendation to the
Common Council. (If the Director of Community Development, or designee, determines
that the proposal may be in conflict with the provisions of this Chapter or the
Comprehensive Plan, the Director of Community Development, or designee, shall note this
determination in the report.)
(5) Public Hearing. Within 90 days of filing of a complete application, the Plan Commission shall hold a
public hearing in compliance with Section 30-361 to consider the request. A public hearing may be
held more than 90 days from the filing of the complete application when requested by the applicant in
writing.
(6) Review and Recommendation by the Plan Commission.
(a) Within 60 days of the public hearing, the Plan Commission shall make its recommendations
regarding the application. Said recommendation may include a formal finding of facts developed
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and approved by the Plan Commission concerning the requirements of Subsection (4)(b), above,
and whether the public benefits outweigh any and all potential adverse impacts of the proposed
amendment.
(b) If the Plan Commission fails to make a recommendation within 60 days of the public hearing,
the Common Council may hold a public hearing within 30 days after the expiration of said 60-
day period. Failure to receive said recommendation from the Plan Commission shall not
invalidate the proceedings or actions of the Common Council. If a public hearing is necessary,
the Common Council shall provide notice per the requirements of Section 30-361.
(7) Review and Action by the Common Council.
(a) The Common Council shall consider the recommendation of the Plan Commission regarding the
proposed amendment. The Common Council may request further information and/or additional
reports from the Plan Commission, Director of Community Development (or designee), the
applicant, and/or any other entity as it sees fit.
(b) The Common Council may refer the matter back to the Plan Commission. In such cases, the
Common Council shall specify the issue(s) to be addressed in further detail.
(c) The Common Council may take final action (by ordinance) on the application at the time of its
initial meeting, or may continue the proceedings by its own decision or the applicant’s request.
The Common Council may approve the amendment as originally proposed, may approve the
proposed amendment with modifications, or may deny approval of the proposed amendment.
(d) If the Common Council wishes to make significant changes in the proposed text amendment, as
recommended by the Plan Commission, the procedure set forth in Section 62.23(7)(d) of the
Wisconsin Statutes shall be followed prior to Common Council action. Any action to amend the
provisions of proposed amendment requires a majority vote of the Common Council.
(8) Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted
for a period of 365 days from the date of said order of denial, except on grounds of new evidence or
material changes of circumstances.
Section 30-381: Zoning Map Amendment
(1) Purpose. The purpose of this Section is to provide regulations which govern the procedure and
requirements for the review and approval, or denial, of proposed amendments to provisions of the
Official Zoning Map (rezonings).
(2) Initiation of Request for Amendment. Proceedings for amendment of the Official Zoning Map may be
initiated by an application of the owner(s) of the subject property or authorized agent of the owner(s)
of the subject property; a recommendation of the Plan Commission; by action of the Common
Council; or by City staff.
(3) Application. An application to amend the Official Zoning Map shall contain the following (digital files
should be submitted whenever possible, if applicable):
(a) A map of the subject property to scale depicting:
1. All lands for which the zoning is proposed to be amended and all other lands within 100 feet
of the boundaries of the subject property.
2. All parcels numbers for the subject property.
3. Current zoning of the subject property and its environs, and the jurisdiction(s) which
maintains that control.
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4. All lot dimensions of the subject property.
5. A graphic scale and north arrow.
(b) Legal description of the property.
(c) Written justification for the proposed Official Zoning Map amendment, including evidence that
the application is consistent with the Comprehensive Plan.
(d) Any further information needed by the Plan Commission to facilitate the making of a
comprehensive report to the Plan Commission and Common Council.
(4) Review by Director of Community Development, or designee.
(a) The Director of Community Development, or designee, shall determine whether the application
is complete. If the application is determined to be incomplete, the Director of Community
Development, or designee, shall notify the applicant and the application will not be forwarded.
(b) The Director of Community Development, or designee, shall review the complete application
and evaluate whether the proposed amendment:
1. Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules
of Wisconsin Department of Administration and the Federal Emergency Management
Agency.
2. Is in harmony with the Comprehensive Plan.
3. Maintains the desired overall consistency of land uses, land use intensities, and land use
impacts within the pertinent zoning districts.
4. Addresses any of the following factors that are not properly addressed on the current
Official Zoning Map:
a. The designations of the Official Zoning Map are not in conformance with the
Comprehensive Plan.
b. A mapping mistake was made, including the omission on the Official Zoning Map of an
approved zoning map amendment.
c. Factors have changed (such as new data, infrastructure, market conditions, development,
annexation, or other zoning changes), making the subject property more appropriate for
a different zoning district.
d. Growth patterns or rates have changed, creating the need for an amendment to the
Official Zoning Map.
(c) The Director of Community Development, or designee, shall prepare a written report addressing
items (4)(b), above, and forward said report to the Plan Commission for the Commission’s
review and use in making its recommendation to the Common Council. If the Director of
Community Development, or designee, determines that the proposal may be in conflict with the
provisions of this Chapter or the Comprehensive Plan, the Director of Community
Development, or designee, shall note this determination in the report.
(5) Public Meeting. If proposed development is expected to have significant impact on other properties,
the Director of Community Development, or designee, may require a public meeting.
(a) Where a public meeting is required, within 90 days of filing of a complete application, the
applicant shall hold a public meeting to introduce and inform property owners within 100 feet of
the subject property of the proposal to solicit comments and address concerns. The City can
supply a list of property owners to the applicant upon request.
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1. The public meeting shall be held at a time and location that average member of the public
can reasonably attend, as determined by the Director of Community Development, or
designee.
2. The Director of Community Development, or designee, shall be notified of and invited to
the public meeting in order to assist the applicant and public on the topic.
3. The public meeting shall be held prior to review and action by the Plan Commission.
4. The public meeting shall be noticed.
5. Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting
minutes, attendance records, documents distributed at the meeting, and presentation
materials shall be provided to the City
6. Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing
and informing property owners within 100 feet of the subject property of the proposal may
substitute for the public meeting, if deemed appropriate by the Director of Community
Development, or designee.
(6) Public Hearing. Within 90 days of filing of a complete application, the Plan Commission shall hold a
public hearing in compliance with Section 30-361 to consider the request.
(7) Review and Recommendation by the Plan Commission.
(a) Within 60 days of the public hearing, the Plan Commission may make a written report to the
Common Council and/or may state in the minutes its recommendations regarding the
application. Said report and/or minutes may include a formal finding of facts developed and
approved by the Plan Commission concerning the requirements of Subsection (4)(b), above, and
whether the public benefits outweigh any and all potential adverse impacts of the proposed
amendment.
(b) If the Plan Commission fails to make a report within 60 days after the filing of a complete
application, the Common Council may hold a public hearing within 30 days after the expiration
of said 60-day period. Failure to receive said written report from the Plan Commission shall not
invalidate the proceedings or actions of the Common Council. If a public hearing is necessary,
the Common Council shall provide notice per the requirements of Section 30-361.
(8) Review and Action by the Common Council.
(a) The Common Council shall consider the recommendation of the Plan Commission regarding the
proposed amendment. The Common Council may request further information and/or additional
reports from the Plan Commission, Director of Community Development (or designee), the
applicant, and/or any other entity as it sees fit.
(b) The Common Council may approve the amendment as originally proposed, may approve the
proposed amendment with modifications, or may deny approval of the proposed amendment.
(c) If the Common Council wishes to make significant changes in the proposed amendment to the
Official Zoning Map, the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes
shall be followed prior to Common Council action. Any action to amend the Official Zoning
Map requires a majority vote of the Common Council, except that in case of adverse
recommendation by the Plan Commission or of a protest against such change signed and
acknowledged by the owners of 20 percent of the frontage proposed to be changed or the
frontage immediately in the rear thereof or directly opposite thereto, such amendment shall not
be passed, except by a ¾ vote of all members of the Common Council. The Common Council’s
approval of the requested amendment shall be considered the approval of a unique request, and
shall not be construed as precedent for any other proposed amendment.
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(9) Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted
for a period of 365 days from the date of said order of denial, except on grounds of new evidence or
material change of circumstances found valid by the Director of Community Development, or
designee.
Section 30-382: Conditional Use Permit Procedures
(1) Purpose. The purpose of this Section is to provide regulations which govern the procedure and
requirements for the review and approval, or denial, of proposed conditional uses.
(2) Applicability. There are certain uses, which because of their unique characteristics, may have a high
potential to create undesirable impacts on nearby properties, public facilities, or the community as a
whole. In these cases, specific standards, regulations, or conditions may be established.
(3) A proposed conditional use may be denied unless the applicant can demonstrate to the satisfaction of
the City that the proposed conditional use will not create undesirable impacts on nearby properties, the
environment, or the community as a whole.
(4) Initiation of Request. Proceedings for approval of a conditional use may be initiated by an application
of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property.
(5) Application. An application for a conditional use permit should contain the following (digital files
should be submitted whenever possible, if applicable):
(a) A map of the subject property to scale depicting:
1. All lands for which the conditional use is proposed and all other lands within 100 feet of the
boundaries of the subject property.
2. Current zoning of the subject property and its environs, and the jurisdiction(s) which
maintains that control.
3. All lot dimensions of the subject property.
4. A graphic scale and a north arrow.
(b) Written description of the proposed conditional use including the type of activities, buildings,
structures, and off-street parking proposed for the subject property and their general locations,
as well as the number of employees and the hours of operation.
(c) A site plan of the subject property if proposed for development conforming to all requirements
of Section 30-385. If the proposed conditional use is a group or large development (per Section
30-171), a proposed preliminary plat or conceptual plat may be substituted for the required site
plan, provided said plat contains all information required per Section 30-385.
(d) Written justification for the proposed conditional use, including evidence that the application is
consistent with the Comprehensive Plan. See Subsection (6)(c)1.-5., below, for review criteria.
(e) A Traffic Impact Analysis (TIA) meeting Wisconsin Department of Transportation requirements
for content and format may be required by the City if deemed necessary by the Director of
Community Development, or designee.
(6) Review by Director of Community Development, or designee.
(a) The Director of Community Development, or designee, shall determine whether the application
is complete. If the application is determined to be incomplete, the Director of Community
Development, or designee, shall notify the applicant.
(b) The Director of Community Development, or designee, may coordinate review with the City’s
Development Review Team.
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(c) The Director of Community Development, or designee, shall review the complete application
and evaluate whether the proposed conditional use:
1. Is in harmony with the Comprehensive Plan.
2. Would result in a substantial or undue adverse impact on nearby property, the character of
the neighborhood, environmental factors, traffic factors, parking, public improvements,
public property or rights-of-way, or other matters affecting the public health, safety, or
general welfare.
3. Maintains the desired consistency of land uses, land use intensities, and land use impacts as
related to the environs of the subject property.
4. The conditional use is located in an area that will be adequately served by, and will not
impose an undue burden on, any of the improvements, facilities, utilities or services
provided by public or private agencies serving the subject property.
5. The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant’s proposal and any requirements
recommended by the applicant to ameliorate such impacts.
(d) The Director of Community Development, or designee, shall prepare a written report addressing
the items under Subsection (6)(c), above, to be forwarded to the Plan Commission for the
Commission’s review. If the Director of Community Development, or designee, determines that
the proposal may be in conflict with the provisions of the Comprehensive Plan, the Director of
Community Development, or designee, shall note this determination in the report.
(7) Public Meeting. If proposed development is expected to have significant impact on other properties,
the Director of Community Development, or designee, may require a public meeting.
(a) Where a public meeting is required, within 90 days of filing of a complete application, the
applicant shall hold a public meeting to introduce and inform property owners within 100 feet of
the subject property of the proposal to solicit comments and address concerns. The City can
supply a list of property owners to the applicant upon request.
1. The public meeting shall be held at a time and location that average member of the public
can reasonably attend, as determined by the Director of Community Development, or
designee.
2. The Director of Community Development, or designee, shall be notified of and invited to
the public meeting in order to assist the applicant and public on the topic.
3. The public meeting shall be held prior to review and action by the Plan Commission.
4. The public meeting shall be noticed.
5. Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting
minutes, attendance records, documents distributed at the meeting, and presentation
materials shall be provided to the City
6. Alternate to Public Meeting. Instead of a public meeting, notification by mail introducing
and informing property owners within 100 feet of the subject property of the proposal may
substitute for the public meeting, if deemed appropriate by the Director of Community
Development, or designee.
(8) Review and Action by the Plan Commission.
(a) The Plan Commission may request further information and/or additional reports from the
Director of Community Development, or designee, applicant, and/or from any other source.
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(b) The Plan Commission may take final action (by resolution) on the application at the time of its
initial meeting or may continue the proceedings. The Plan Commission may approve the
conditional use as originally proposed, may approve the proposed conditional use with
modifications and/or conditions, or may deny approval of the proposed conditional use. Said
final action shall be followed by a written report which may include a formal finding of facts
developed and approved by the Plan Commission concerning the request.
(c) If the Plan Commission wishes to approve significant changes in the proposed conditional use,
then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed
prior to Plan Commission action.
(9) Limited Effect of Approval. A ruling by the Plan Commission finding a particular land use to be
conditionally permitted in a specified zoning district shall be deemed to authorize only that particular
use at that particular location for the period of time for which the ruling was issued. The ruling shall
not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A
favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for
which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
(10) Effects of Denial. No application which has been denied (either wholly or in part) shall be resubmitted
for a period of 365 days from the date of said order of denial, except on grounds of new evidence or
material change of circumstances found valid by the Director of Community Development, or
designee.
(11) Appeals of a Plan Commission Decision shall be appealed to the City Council.
(a) Initiation of Request for Appeal. Proceedings for an appeal to the City Council of a Plan
Commission denial of a conditional use permit, modification of a conditional use permit, or
conditions added to a conditional use permit may be initiated by any person or by any officer,
department, or board of the City affected by said Plan Commission decision.
(b) Enforcement Actions. All enforcement actions related to the subject property shall be held in
abeyance upon appeal action of the City Council.
(c) Time Limit for Filing an Appeal. Any appeal to the City Council under the provisions of this
Section shall be made per the requirements of Subsection (d), below, within a period not
exceeding 45 days from the date of issuance of Plan Commission’s decision regarding the
conditional use permit. Failure to initiate this appeal procedure within this 45-day period shall
constitute a final and binding waiver of the right to appeal the Plan Commission’s decision.
(d) Application Requirements. An application for an appeal of a Plan Commission decision shall
contain the following (digital files should be submitted whenever possible):
1. A written statement from the applicant indicating the reasons why an appeal is justified, with
specific reference to the findings of the Plan Commission. This statement shall be dated and
signed by the applicant.
2. All information that was supplied in the complete application described in Subsection (5),
above.
3. Application filed with the City Clerk.
(e) Review by the Director of Community Development, or designee.
1. The Director of Community Development, or designee, shall determine whether the
application is complete and fulfills the requirements of this Chapter. If the application is
determined to be incomplete, the Director of Community Development, or designee, shall
notify the applicant.
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2. The Director of Community Development, or designee, shall review the application and
evaluate and comment on the written justification for the requested appeal to the Common
Council as submitted by the applicant. The Director of Community Development, or
designee, shall also evaluate the application to determine whether the requested appeal is in
harmony with the Comprehensive Plan.
3. The Director of Community Development, or designee, shall forward a report to the
Common Council for review and action. If the Director of Community Development, or
designee, determines that the proposal may be in conflict with the provisions this Chapter or
the Comprehensive Plan, the Director of Community Development, or designee, shall note
this determination in the report.
(f) Review and Action by the Common Council.
1. Within 60 days after the filing of the appeal, the Common Council shall make its findings.
The Common Council may request further information and/or additional reports from the
Plan Commission, Director of Community Development (or designee), the applicant,
and/or any other entity as it sees fit.
2. If the Common Council fails to make a determination within 60 days after the appeal, then
the request for the appeal shall be considered denied.
(g) Effects of Denial. No application for an appeal which has been denied (either wholly or in part)
shall be resubmitted for a period of 365 days from the date of said order of denial, except on
grounds of new evidence or material change of circumstances.
(h) Limited Effect on a Favorable Ruling on an Appeal.
1. No ruling by the Common Council on an appeal finding a particular land use to be
conditionally permitted in a specified zoning district shall be valid for a period of more than
365 days from the date of issuance of the ruling on the appeal, unless a building permit is
issued and development commenced within that period, and is thereafter diligently pursued
to completion, or a certificate of occupancy is obtained and a use commenced within that
period.
2. A ruling by the Common Council on an appeal finding a particular land use to be
conditionally permitted in a specified zoning district shall be deemed to authorize only that
particular use at that particular location for which the ruling was issued. The ruling shall not
be deemed to authorize any allegedly similar use for which a separate ruling has not been
issued. A favorable ruling shall automatically expire and cease to be of any force or effect if
the particular use for which it was issued shall, for any reason, be discontinued for a period
of 365 consecutive days or more.
(12) Revocation of an Approved Conditional Use.
(a) Upon approval by the Plan Commission, the applicant must demonstrate that the proposed
conditional use meets all general and specific conditional use requirements in the site plan
required for initiation of development activity on the subject property per Section 30-385. Once
a conditional use is granted, no erosion control permit, site plan, certificate of occupancy, or
building permit shall be issued for any development which does not comply with all
requirements of this Chapter.
(b) Any conditional use found not to be in compliance with the terms of this Chapter or an
approved conditional use permit shall be considered in violation of this Chapter and shall be
subject to all applicable procedures and penalties. A conditional use may be revoked for such a
violation by majority vote of the Plan Commission, following the procedures outlined in
Subsections (5) through (8), above. The City shall provide the property owner with appropriate
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served notice to consider revocation. City staff shall provide written findings of fact in relation to
the factors listed in Subsection (6)(c).
(13) Time Limits on the Development of Conditional Use.
(a) Unless extended as a condition of approval, the start of construction of any and all conditional
uses shall be initiated within 365 days of their approval by the Plan Commission and shall be
operational within 730 days of said approval. For the purposes of this Section, “operational”
shall be defined as the granting of a certificate of occupancy for the conditional use.
(b) Failure to initiate development within this period shall automatically constitute a revocation of
the conditional use.
(c) Prior to such a revocation, the applicant may request an extension of this period. Said request
shall require formal approval by the Director of Community Development, or designee, and shall
be based upon a showing of acceptable justification, as determined by the Plan Commission.
However, as a condition of approval, the 365-day and/or 730-day time limits may be extended
for any specific period to accommodate phased or multi-stage development.
(14) Discontinuing an Approved Conditional Use. Any and all conditional uses which have been
discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically.
The burden of proof shall be on the property owner to conclusively demonstrate that the subject
conditional use was operational during this period.
(15) Change of Ownership. All requirements of the approved conditional use shall be continued regardless
of ownership of the subject property.
(16) Modification, Alteration, or Expansion.
(a) The Director of Community Development, or designee, may authorize a modification, alteration,
or expansion to the site plan for a site with a valid conditional use permit provided that said
modification, alteration, or expansion is permitted by right by this Chapter.
(b) Modification, alteration, or expansion of any conditional use without approval by the Plan
Commission or Common Council shall be considered in violation of this Chapter and shall be
grounds for revocation of said conditional use approval per Subsection (12), above.
(c) A modification, alteration, or expansion which has been approved as part of a prior valid
conditional use does not require a new conditional use approval.
(17) Recording of Conditional Use Requirements. Except for conditional use approvals for temporary uses,
a certified copy of the authorizing resolution, containing identifiable description and any specific
requirements of approval, shall be recorded by the City of Oshkosh with the Register of Deeds for the
subject property. The City shall record modifications, alterations and expansions as well as expired or
revoked conditional use permits.
(18) Formerly Approved Conditional Uses. A use now regulated as a conditional use which was approved
as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this
Chapter, shall be considered as a legal, conforming land use so long as the previously approved
conditions of use and previously approved site plan are followed. Any modification of the previously
approved conditions of use or site plan shall require application and City consideration under this
Section.
(19) Limited Conditional Uses: A limited conditional use is any development, activity or operation for
which a conditional use permit has been approved that is limited to a specific operator or property
owner, or to a specific date or event upon which the conditional use permit either expires or is
required to be reviewed and reapproved. The Plan Commission may require any proposed conditional
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use request to be a limited conditional use. The Plan Commission shall specify which of the following
characteristics are present that create the need for the limited conditional use:
1. A particular aspect of the specific land use.
2. A particular aspect of the proposed operation (including, but not limited to, operating
hours).
3. A particular aspect of the proposed location.
4. A particular aspect of the proposed site design.
5. A particular aspect of the adjacent property or of the surrounding environs.
6. Any other reason(s) the Plan Commission deems specially relevant and material.
(20) Successor Conditional Uses.
(a) Definition. A successor conditional use is a land use which has been granted a conditional use
permit by the City, which is proposed to undergo one or more of the following changes:
1. Changing from the specific use originally permitted by the conditional use to another
operation of the same use within 365 days of the ending of the original use. For example,
changing from one restaurant to another is permitted. However, changing from a restaurant
to a tavern is not permitted even though both are considered Restaurants, Taverns, and
Indoor Commercial Entertainment land uses under Section 30-78(8). Likewise, changing
from a drive-through restaurant to a drive-through bank is not permitted, even though both
are considered Drive-Through and In-Vehicle Sales and Service under Section 30-78(10).
2. A change in the ownership of the subject property
3. A change in the ownership of the business or other operator of the land use
4. Other changes explicitly identified in a previously issued conditional use permit that are
identified as acceptable successor conditional uses
(b) Purpose. The purpose of these provisions is to create a process that:
1. Reduces the costs and time needed to approve a successor conditional use.
2. Verifies that the proposed change is a valid successor conditional use.
3. Creates a record that the proposed change is approved.
4. Provides the land use and City with a list of all applicable requirements.
(c) Proposed Expansions Are Not Eligible. Any physical enlargement of a previously approved
conditional use in terms of buildings, structures, activity areas, and/or any expansion of the
conditions of operation beyond the limits of site plans, floor plans and conditions of operation
approved through the conditional use process shall not be eligible for treatment as a successor
conditional use and must seek an amendment to its conditional use permit through the
conditional use process.
1. The Director of Community Development, or designee, may authorize an expansion to a site
eligible for a successor conditional use (as defined by this Subsection), provided that said
expansion is permitted by right by this Chapter.
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Section 30-383: Temporary Use Permit Procedures
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Section 30-383: Temporary Use Permit Procedures
(1) Purpose. The purpose of this Section is to provide regulations that govern temporary uses. All
temporary uses are required to meet the general requirements of this Chapter and the requirements of
the zoning district in which the subject property is located.
(2) Review and Approval by the Director of Community Development, or designee. All temporary uses
require a temporary use permit. In order to address unforeseen circumstances, the Director of
Community Development, or designee, may require an applicant to submit materials including, but not
limited to:
(a) A map of the subject property to scale depicting:
1. All lands for which the temporary use is proposed and all other lands within 100 feet of the
boundaries of the subject property.
2. Current zoning of the subject property and its environs, and the jurisdiction(s) which
maintains that control.
3. All lot dimensions of the subject property.
4. A graphic scale and a north arrow.
(b) A written description of the proposed temporary use describing the type of activities, buildings,
and structures proposed for the subject property and their general locations.
(c) A site plan of the subject property. Said site plan shall conform to any and all the requirements
of Section 30-385.
(d) Additional information as may be required by the Director of Community Development, or
designee.
Section 30-384: Land Use Permit Review and Approval Procedures
POLICY QUESTION
(1) Purpose. The purpose of this Section is to determine compliance with this Chapter for any new land
use, any change in land use, and any development or land disturbing activity (e.g., structure, paving,
grading). The purpose of this Section is also to determine if other procedures are needed per the
requirements of this Article. A land use permit may be waived if other application processes are
necessary, including some instances of building permits, site plans, and conditional use permits.
(2) Applicability. A land use permit shall be required for any of the following activities:
(a) The establishment of a new use of a structure or land.
(b) A change in type of use of a structure or land.
(c) A material increase in the intensity of use of land, such as an increase in the number of
businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
(d) Commencement of mining or excavation on a parcel of land.
(e) Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land.
(f) Alteration of a shore, bank, or floodplain of a stream, lake, pond, or artificial body of water.
(3) Application. Applications for a land use permit shall contain all of the following, if applicable (digital
files should be submitted whenever possible, if applicable):
(a) Name and address of the applicant, owner of the site, architect, engineer, and contractor.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
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(b) Description of the subject site by lot, block, and recorded subdivision or by metes and bounds.
(c) Address of the subject site.
(d) Type of existing and proposed structure(s).
(e) Existing and proposed operation or use of the structure or site.
(f) Number of employees.
(g) Zoning district within which the subject site lies.
(h) Additional information as may be required by the City Engineer or Director of Community
Development, or designee.
(4) Action by Director of Community Development, or designee. A land use permit shall be granted or
denied by the Director of Community Development, or designee, in writing within 30 days of the
application, and the applicant shall post such permit in a conspicuous place at the site. Any permit
issued in conflict with the provisions of the Chapter shall be null and void.
(5) Time Limits on Land Use Permits. The work must begin within 365 days of approval and be
completed within 730 days. Time limits for Conditional Use Permits and Variances may be established
at the time of approval. All other permits shall meet the timelines required at the time of issuance as
listed elsewhere in this Chapter.
Section 30-385: Site Plan Review and Approval Procedures
(1) Purpose. The purpose of this Section is to specify the requirements and procedures for the review and
approval of site plan applications. The provisions of this Section are designed to ensure that proposed
land uses and development activity complies with the requirements of this Chapter.
(2) Applicability. Site plan review and approval shall be required for changes to site characteristics in
Subsections (4)(c) through (i) including redevelopment, expansion, and new nonresidential
development, and residential development containing 3 or more units, except for the following:
(a) Residential accessory buildings, decks, and landscape features.
(b) Fences.
(c) Uses within a Specific Implementation Plan in a Planned Development in accordance with the
procedures of Section 30-387(e), provided that the Specific Implementation Plan provides a
similar level of detail and range of plans as a typical site plan submittal required under this
Chapter.
(3) Pre-Application Conference. Prior to formal submittal of a site plan application, it is recommended
that the applicant confer with the Director of Community Development, or designee, in order to
establish mutual understanding as to the basic concept proposed and to ensure proper compliance
with the technical requirements and procedures for processing the site plan application. A timetable
for project review may also be discussed.
(4) Application. A site plan application may be considered complete if it contains all of the requirements
of Subsections (a) through (i), below, unless specific application requirements are waived in writing by
the Director of Community Development, or designee. Maps depicting the following information shall
be prepared (digital files should be submitted whenever possible, if applicable).
(a) Written description of the intended use describing in reasonable detail the following:
1. Existing zoning district(s) and proposed zoning district(s), if different.
2. Existing and proposed land uses.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
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3. Projected number of residents, employees, and/or daily customers.
4. Proposed number of dwelling units and density.
5. Demonstration of compliance with the applicable standards and requirements of this
Chapter.
6. Demonstration of compliance with the City’s land dedication requirements in the Land
Subdivision Ordinance the City of Oshkosh Municipal Code.
7. Demonstration of consistency with the Comprehensive Plan.
8. Fencing materials (Section 30-192).
9. Any other information pertinent to adequate understanding of the intended use and its
relation to nearby properties.
(b) A location map showing the subject property and illustrating its relationship to the nearest street
intersection.
(c) Pre-Development Site Information. A map to scale shall depict the following information:
1. Legal description of the subject property.
2. Existing property lines and setback lines.
3. Existing structures and paved areas.
4. Existing right-of-way lines with bearings and dimensions clearly labeled.
5. Existing easements and utilities.
6. Existing and proposed topography with a maximum contour interval of 2 feet, except where
existing ground is on a slope of less than 2 percent where 1 foot contours shall be shown.
7. The outer edges of all natural resource areas (i.e. floodplains, shorelands, wetlands,
drainageways, woodlands, steep slopes).
(d) Proposed Post-Development Site Information. A map to scale shall depict the following
information:
1. Property lines and setback lines.
2. Location of all proposed structures and use areas, including but not limited to paved areas,
building entrances, walks, drives, decks, patios, fences, utility poles, and drainage facilities.
3. Proposed right-of-way lines with bearings and dimensions clearly labeled.
4. Proposed access points onto public streets and access drives on the subject property.
5. Location and dimension of all on-site parking (and off-site provisions if they are to be
employed), including a summary of the number of parking stalls provided.
6. Location of all proposed parking and traffic circulation areas.
7. Location and configuration of all visibility triangles proposed on the subject property.
8. Location and dimension of all loading and service areas on the subject property.
9. Location of all outdoor storage areas and the design of all screening devices.
10. Location of all rooftop, wall-mounted, and ground-mounted mechanical equipment, and the
design of all screening devices.
11. Location and type of all stormwater facilities and management approach to be employed.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
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12. Location of snow storage areas, except for single family and two family residential.
13. Proposed easement lines and dimensions with a key provided and explained as to ownership
and purpose.
14. Location, type, height, size, and lighting of all signage on the subject property.
15. In the legend, include the following data for the subject property: lot area, flood area,
impervious surface area, impervious surface ratio, and building heights.
(e) Detailed Landscaping Plan. If required, a landscape plan depicting the location, type, and size at
time of planting and maturity of all landscaping features as required in Article IX.
(f) Grading and Erosion Control Plan. Depicting existing and proposed grades, including retention
walls and related devices, and erosion control measures per the approval of the City Engineer.
(g) Elevation Drawings. Elevation drawings shall be to scale and shall include the following
information:
1. Elevations of proposed buildings or proposed remodeling of existing buildings showing
finished exterior treatment and all rooftop, wall-mounted, and ground-mounted mechanical
equipment.
2. Depict exterior materials, texture, color, and overall appearance.
3. Perspective renderings of the proposed project and/or photos of similar structures may also
be submitted, but not in lieu of drawings showing the actual intended appearance of the
building(s).
(h) Photometric Plan. The photometric plan shall be to scale and shall include the following
information:
1. Location, type, height, design, illumination power, and orientation of all exterior lighting on
the subject property.
2. Impact of lighting across the entire property to the property lines rounding to the nearest
0.10 foot candles.
(i) Operational Plan.
1. Describe the proposed hours of operation and traffic generation.
2. Procedures for snow removal, except for single and two family residential.
(5) Review and Approval.
(a) The Director of Community Development, or designee, shall determine whether the site plan
application is complete and fulfills the requirements of this Chapter. If the application is
determined to be incomplete, the Director of Community Development, or designee, shall notify
the applicant.
(b) The Director of Community Development, or designee, shall coordinate review with the City’s
Development Review Team.
(c) The Director of Community Development, or designee, shall review and approve or deny the
site plan.
(6) Adjustments to Adopted Site Plans.
(a) The following adjustments may be approved administratively by City staff and no additional
process is necessary:
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-386: Special Area Design Review
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1. A proposed adjustment that would add to or relocate amenity site elements which are not
required such as additional non-required landscaping.
2. A proposed adjustment that would erase approved site development components which are
not required such as a building, a portion of a building, an area of non-required landscaping,
or a non-required paved area.
(b) The following adjustments that alter the required components of the approved site plan require a
full site plan review process:
1. A proposed adjustment that would erase and/or relocate approved site development
components which are required such as a stormwater management feature, required
landscaping, or required paved areas.
2. A proposed adjustment that would expand and/or add any areas of development (building
or paving), whether required or optional.
(c) If a new site plan is required, and the site plan is a required component of a Conditional Use
Permit or a Specific Implementation Plan, an amended (in essence, a new) Conditional Use
Permit or Specific Implementation Plan is required.
(d) If the proposed development involves adding one or more land use categories which are not
permitted by right in the zoning district or under the list of permitted by right uses in a
Conditional Use Permit or General Development Plan, a new Conditional Use Permit or
General Development Plan is required.
Section 30-386: Special Area Design Review
(1) Purpose and Scope. The design standards of this Chapter are intended to preserve and enhance the
aesthetic qualities (historical and visual) of the community and attain a consistent visually pleasing
image for the City. Special Area Design Review is designed to forward both aesthetic and economic
objectives of the City by controlling the site design and exterior appearance of development within the
district in a manner which is consistent with sound land use, urban design, and economic revitalization
principles. The application of these standards will ensure the long-term progress and broad
participation toward these principles.
(2) Procedure for Review and Approval. There are three categories of review: Renovation Review, Design
Alteration Review, and Project Review. These procedures do not apply to any modifications to the
interior of a building or structure. See Figure 30-386 below for a summary of the processes.
Figure 30-386: Process for Special Area Design Review
Procedure Type of Proposal
Renovation1 Design2 Project3
1. Consultation with Director of Community Development, or
designee, to confirm type of proposal Yes Yes Yes
2. Submit Proposed and Existing Building Elevations No Yes Yes
3. Submit Site Plan Application No No Yes
4. Submit Conditional Use Permit Application No No Yes
5. Review and action by Director of Community Development,
or designee No Yes Yes
6. Review and action by Plan Commission No Maybe Yes
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-386: Special Area Design Review
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(a) Renovation Review. Applications which involve only a renovation of the exterior appearance
of a property (such as repainting, re-roofing, residing or replacing with identical colors, finishes,
and materials), as determined by the Director of Community Development, or designee, are
considered a Renovation Review and may proceed with the project; no additional processes are
required other than a building permit.
(b) Design Alteration Review. Applications which involve a change only in the exterior
appearance of a nonresidential or multi-family property (such as painting, roofing, siding,
architectural component substitution, fencing, paving, or signage), are considered Design
Alteration Review and are subject to review and approval by the Director of Community
Development, or designee.
1. Procedure. Design Alteration Review proposals are subject to the following procedures:
a. The Director of Community Development, or designee, shall determine whether the
Design Alteration Review application is complete and fulfills the requirements of this
Chapter. If the application is determined to be incomplete, the Director of Community
Development, or designee, shall notify the applicant.
b. The Director of Community Development, or designee, shall coordinate review with the
City’s Development Review Team.
c. The Director of Community Development, or designee, shall review and approve or
deny the application.
2. Application requirements. In addition to the application requirements for site plan review, all
applications for Design Alteration Review shall be made to the Director of Community
Development, or designee, and shall be accompanied by the building permit application,
and, in addition, shall be accompanied by all of the following, unless specifically waived in
writing by the Director of Community Development, or designee,:
a. A clear depiction of the existing appearance of the property. Clear color photographs are
recommended for this purpose. Scaled and dimensioned drawings of existing
components such as windows, doors, railings, fencing or other site components, and/or
detailed building elevations which are proposed for alteration or replacement may be
required by the City.
b. A clear depiction of the proposed appearance of the property. Paint charts, promotional
brochures, and/or clear color photographs of replacement architectural components are
recommended for this purpose. Scaled and dimensioned drawings of proposed
components such as windows, doors, railings, fencing or other site components, and/or
detailed building elevations which are proposed for alteration or replacement may be
required by the City.
c. A written description of the proposed modification, including a complete listing of
proposed components, materials, and colors.
KEY: Yes = Step is required. No = Step is not required. Maybe = Step may be required at the discretion of the
Director of Community Development, or designee.
1Only a replacement to or maintenance of the exterior of a property.
2Only a change in the appearance of a property.
3Modification to the physical configuration of a property, i.e. new building, addition, or demolition
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-386: Special Area Design Review
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d. Written justification for the proposed alteration consisting of the reasons why the
applicant believes the requested alteration is in harmony with the building design
standards of the Central Mixed Use Zoning District (Section 30-245(1)) or Riverfront
Overlay District (Section 30-245(2)), as applicable.
3. At his/her discretion, the Director of Community Development, or designee, may forward
the Design Alteration Review application to the Plan Commission for Review and final
determination.
(c) Project Review. Applications which involve modification to the physical configuration of a
property (such as the erection of a new building, the demolition of an existing building, or the
addition or removal of bulk to an existing building) are subject to Project Review by the Director
of Community Development, or designee, and the Plan Commission. The Director of
Community Development, or designee, shall serve as the liaison between the applicant and the
Plan Commission in facilitating the thorough and expedient review of an application, and shall
ensure that the technical and procedural requirements of the Zoning Ordinance are met. The
Plan Commission shall serve as the final discretionary review body on aesthetics, building design,
and site design, and shall focus its review on the application’s compliance with sound aesthetic,
land use, site design and economic revitalization practices. In part, this effort shall be guided by
the Comprehensive Plan and other area plans.
1. Procedure. Project review proposals shall follow procedures for conditional use permits;
refer to Section 30-382.
2. Application requirements. In addition to the application requirements for conditional use
permits, all applications for Project Review shall be made to the Director of Community
Development, or designee, and shall be accompanied by the building permit application,
and, in addition, shall be accompanied by all of the following, unless specifically waived in
writing by the Director of Community Development, or designee,:
a. A clear depiction of the existing appearance of the property. Clear color photographs are
recommended for this purpose. Scaled and dimensioned drawings of existing
components such as windows, doors, railings, fencing or other site components, and/or
detailed building elevations which are proposed for alteration or replacement may be
required by the City.
b. A clear depiction of the proposed appearance of the property. Paint charts, promotional
brochures, and/or clear color photographs of replacement architectural components are
recommended for this purpose. Scaled and dimensioned drawings of proposed
components such as windows, doors, railings, fencing or other site components, and/or
detailed building elevations which are proposed for alteration or replacement may be
required by the City.
c. For all projects involving a new building, or an addition exceeding 100 square feet of
gross floor area that reduces or extends a building’s footprint or height, a detailed, scaled
site plan which provides the following information:
i. A title block indicating name and address of the current property owner, developer
and project consultants.
ii. The date of the original plan and the latest date of revision to the plan.
iii. A north arrow and a graphic scale.
iv. All property lines and existing and proposed right-of-way lines with dimensions
clearly labeled.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-386: Special Area Design Review
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v. All existing and proposed easement lines and dimensions with a key provided and
explained as to ownership and purpose.
vi. All existing and proposed buildings, structures, and paved areas, including walks,
drives, decks, patios, fences, utility poles, drainage facilities, and walls.
vii. All required building setback lines.
viii. The location, type and size of all signage on the site.
ix. The location, type and orientation of all exterior lighting on the subject property.
x. The location of all access points, parking and loading areas on the subject property,
including a summary of the number of parking stalls and labels indicating the
dimension of such areas.
xi. The location of all outdoor storage areas.
xii. The location and type of any green space areas.
xiii. The location of existing and proposed drainage facilities.
xiv. In the legend, the following data for the subject property: lot area, floor area,
impervious surface area, impervious surface ratio, and building height.
d. A detailed landscaping plan depicting the location, type, and size at time of planting and
maturity of all landscaping features as required in Article IX.
e. A written description of the proposed project, including a complete listing of proposed
components, materials, and colors.
f. Written justification for the proposed alteration or new construction consisting of the
reasons why the applicant believes the requested alteration or new construction is in
harmony with the applicable building design standards for Special Areas in Section 30-
245.
(3) Additional Recommendations Permitted Under the Special Area Design Review Process.
(a) The Director of Community Development, or designee, is hereby authorized to make
recommendations for, or require modifications to, a proposed application for Renovation
Review, Design Alteration Review, or Project Review.
(b) The Plan Commission is hereby authorized to make recommendations for, or require
modifications to, a proposed application for Design Alteration Review and Project Review.
(c) The Landmarks Commission is hereby authorized to make recommendations for, or require
modifications to, a proposed application for Design Alteration Review and Project Review for
locally-recognized landmarks, properties that contribute to a Local, State, or National Historic
District, or properties that are individually listed on the Local, State, or National Register of
Historic Places.
(4) Appeals. Appeals from the decisions of the Director of Community Development, or designee, and
Plan Commission may be made to the Common Council per the provisions of the Municipal Code.
(5) Penalty. Penalty for violation of the provisions of this Chapter shall be per the provisions of Section
30-430.
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Section 30-387: Planned Developments
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Section 30-387: Planned Developments
(1) Purpose. The purpose of this Section is to provide regulations
which govern the procedures for the review and approval or
denial of proposed Planned Developments.
(2) Initiation of Request. Proceedings for approval of a Planned
Development may be initiated by any of the following:
(a) An application by the owner(s) of the subject property or
authorized agent of the owner(s) of the subject property;
(b) A recommendation of the Plan Commission to the
Common Council; or
(c) By action of the Common Council.
(3) Procedure for Planned Development Review. The procedure for
zoning to a Planned Development (PD) district shall follow the
Zoning Map Amendment procedure included in Section 30-381,
except that the Planned Development procedure shall be subject
to the following additional requirements.
(a) Pre-Application Conference. Prior to formal petition for
zoning to a PD district, the applicant shall confer with
appropriate City staff in order to establish mutual
understanding as to the basic concept proposed and to
ensure proper compliance with the requirements for
processing. Points of discussion and conclusions reached
in this stage of the process shall in no way be binding
upon the applicant or the City, but should be considered
as the informal, non-binding basis for proceeding to the
next step.
(b) Concept Plan Review. Upon completion of the pre-
application conference, described above, the applicant may
decide to prepare an optional conceptual plan for review
with the Plan Commission.
1. The Plan Commission may schedule a workshop as
part of a Planned Development Review. Appropriate
topics for discussion may include any of the
information provided in the concept plan, or other
items as determined by the Plan Commission. Points
of discussion and conclusions reached at this stage of the process shall be in no way binding
upon the applicant or the City, but should be considered as the informal, non-binding basis
for proceeding to the next step. The preferred procedure is for one or more iterations of
Plan Commission review of the concept plan to occur prior to introduction of the formal
application for rezoning, which accompanies the General Development Plan application (see
Subsection (d), below).
2. The concept plan submittal shall include the following items (digital files should be
submitted whenever possible).
a. A location map of the subject property and its vicinity.
Figure 30-387: Procedure for
Planned Development Review
*May be required by the Director of
Community Development, or designee
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-387: Planned Developments
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b. A general written description of the proposed PD, including:
i. General project themes and images.
ii. The general mix of dwelling unit types and/or land uses.
iii. Approximate residential densities and nonresidential intensities as described by
dwelling units per acre, landscaping surface ratio, and/or other appropriate
measures of density and intensity.
iv. General treatment of natural features.
v. Relationship to nearby properties and public streets.
vi. Relationship of the project to the Comprehensive Plan.
vii. Description of exceptions/base standard modifications from the requirements of
this Chapter. The purpose of this information shall be to provide the Plan
Commission with information necessary to determine the relative merits of the
project with respect to private versus public benefit, and to evaluate the potential
adverse impacts created by making exceptions to standard zoning district
requirements.
c. A conceptual drawing of the site plan layout, including the general locations of public
streets and/or private drives.
d. The Plan Commission shall accept the concept plan and inform the applicant to move
on to the next step in the PD process, General Development Plan.
(c) Public Meeting. If proposed development is expected to have significant impact on other
properties, the Director of Community Development, or designee, may require a public meeting.
1. Where a public meeting is required, within 90 days of filing of a complete application, the
applicant shall hold a public meeting to introduce and inform property owners within 100
feet of the subject property of the proposal to solicit comments and address concerns. The
City can supply a list of property owners to the applicant upon request.
a. The public meeting shall be held at a time and location that average member of the
public can reasonably attend, as determined by the Director of Community
Development, or designee.
b. The Director of Community Development, or designee, shall be notified of and invited
to the public meeting in order to assist the applicant and public on the topic.
c. The public meeting shall be held prior to review and action by the Plan Commission.
d. The public meeting shall be noticed.
e. Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting
minutes, attendance records, documents distributed at the meeting, and presentation
materials shall be provided to the City
f. Alternate to Public Meeting. Instead of a public meeting, notification by mail
introducing and informing property owners within 100 feet of the subject property of
the proposal may substitute for the public meeting, if deemed appropriate by the
Director of Community Development, or designee.
(d) General Development Plan Review. The applicant shall submit a General Development Plan
(GDP) to the Director of Community Development, or designee, for determination of
completeness. Upon determination of completeness by the Director of Community
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Development, or designee, the GDP shall be placed on the Plan Commission agenda for review.
The GDP establishes the underlying zoning for the property.
1. The GDP submittal shall include the following items (digital files should be submitted
whenever possible):
a. General location map of the subject site depicting:
i. All lands for which the Planned Development is proposed and all other lands within
100 feet of the boundaries of the subject site.
ii. Current zoning of the subject site and abutting properties, and the jurisdiction(s)
that maintains that control.
iii. A graphic scale and a north arrow.
b. Generalized site plan showing the pattern or proposed land uses, including:
i. General size, shape, and arrangement of lots and specific use areas.
ii. Basic street pattern and pattern of internal drives.
iii. General site grading plan showing preliminary road grades.
iv. Basic storm drainage pattern, including proposed on-site stormwater detention.
v. General location of recreational and open space areas, including designation of any
such areas to be classified as common open space.
c. Statistical data, including:
i. Minimum lot sizes in the development.
ii. Approximate areas of all lots.
iii. Density/intensity of various parts of the development.
iv. Building coverage.
v. Landscaping surface area ratio of all land uses.
vi. Expected staging.
d. Conceptual landscaping plan, noting approximate locations of foundation, street, yard,
and paving landscaping, and comparing the proposed landscaping plan to the standard
landscaping requirements in Article IX.
e. General signage plan, including all project identification signs and concepts for public
fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or
poles) which may or may not be proposed to vary from City standards or common
practices.
f. General outline of property owners association, covenants, easements, and deed
restrictions.
g. A written description of the proposed Planned Development, including:
i. General project themes and images.
ii. The general mix of dwelling unit types and/or land uses.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-387: Planned Developments
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iii. Approximate residential densities and nonresidential intensities as described by
dwelling units per acre, landscaping surface area ratio, and/or other appropriate
measures of density and intensity.
iv. General treatment of natural features.
v. General relationship to nearby properties and public streets.
vi. General relationship of the project to the Comprehensive Plan or other area plans.
vii. Proposed exceptions from the requirements of this Chapter.
h. A Traffic Impact Analysis (TIA) that evaluates the adequacy of the existing and
proposed transportation system that serves the Planned Development may be required
by the City, if deemed necessary by the Director of Community Development, or
designee.
i. If required, the TIA should address all elements of the transportation system as it
relates to pedestrians, bicyclists, transit, vehicular traffic, and adjacent land
development.
ii. It is noted that the Wisconsin Department of Transportation (WisDOT) has TIA
requirements that must be followed if a development project has direct access to
the State Trunk Highway System.
2. The Plan Commission may waive submittal information listed above, and/or may likewise
require additional information beyond that listed above.
3. If all required application materials are provided, the GDP and SIP may be submitted and
reviewed concurrently.
4. The process for review and approval of the GDP shall be identical to that for Zoning Map
Amendments per Section 30-381.
5. A GDP shall not expire. All portions of an approved GDP not initiated through granting of
a building permit following final Common Council approval shall remain zoned PD and the
approved GDP shall remain in place.
(e) Specific Implementation Plan. Upon completion of the GDP review process, described
above, the applicant shall submit a Specific Implementation Plan (SIP) to the Director of
Community Development, or designee, for determination of completeness. Upon determination
of completeness by the Director of Community Development, or designee, the SIP shall be
placed on the Plan Commission agenda for SIP review.
1. The SIP submittal shall include the following items. Note that the area included in an SIP
may be only a portion of the area included in a previously approved GDP (digital files
should be submitted whenever possible).
a. An existing conditions map of the subject site depicting the following:
i. All lands for which the Planned Development is proposed and all other lands within
100 feet of the boundaries of the subject site.
ii. Current zoning of the subject property and all abutting properties, and the
jurisdiction(s) that maintains that control.
iii. Existing utilities and recorded easements.
iv. All lot dimensions of the subject site.
v. A graphic scale and a north arrow.
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b. An SIP map of the proposed site showing at least the following:
i. Lot layout and the arrangements of buildings.
ii. Public and private roads, driveways, walkways, and parking facilities.
iii. Specific treatment and location of recreational and open space areas, including
designation of any such areas to be classified as common open space.
c. Proposed grading plan.
d. Specific landscaping plan for the subject site, specifying the location, species, and
installation size of all plantings. The landscaping plans shall include a table summarizing
all proposed species.
e. Architectural plans for any nonresidential buildings, multi-family structures, or building
clusters, other than conventional single-family or two-family homes on individual lots, in
sufficient detail to indicate the floor area, bulk, and visual character of such buildings.
f. Engineering plans for all water and sewer systems, stormwater systems, roads, parking
areas, and walkways.
g. Signage plan for the project, including all project identification signs, concepts for public
fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or
poles), and group development signage themes that may or may not vary from City
standards or common practices.
h. Specific written description of the proposed SIP including:
i. Specific project themes and images.
ii. Specific mix of dwelling unit types and/or land uses.
iii. Specific residential densities and nonresidential intensities as described by dwelling
units per acre, and landscaping surface area ratio and/or other appropriate measures
of density and intensity.
iv. Specific treatment of natural features, including parkland.
v. Specific relationship to nearby properties and public streets.
vi. Statistical data on minimum lot sizes in the development, the precise areas of all
development lots and pads; density/intensity of various parts of the development;
building coverage, and landscaping surface area ratio of all land uses; proposed
staging; and any other plans required by the Plan Commission.
vii. A statement of rationale as to why PD zoning is proposed. This statement shall list
the standard zoning requirements that, in the applicant’s opinion, would inhibit the
development project and the opportunities for community betterment that are
available through the proposed PD project.
viii. A complete list of zoning standards that would not be met by the proposed SIP and
the location(s) in which such exceptions/base standard modifications would occur.
ix. Phasing schedule, if more than one development phase is intended.
i. Agreements, bylaws, covenants, and other documents relative to the operational
regulations of the development and particularly providing for the permanent
preservation and maintenance of common open areas and amenities.
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j. A written description that demonstrates how the SIP is consistent with the approved
GDP and any and all differences between the requirements of the approved GDP and
the proposed SIP.
2. The Director of Community Development, or designee, or by majority vote of the Plan
Commission may waive submittal information listed above, and/or may likewise require
additional information beyond that listed above.
3. The process for review and approval of the SIP shall be identical to that for conditional use
permits per Section 30-382(6) through (8).
4. A SIP shall not expire. All portions of an approved SIP not fully developed following final
Plan Commission approval shall remain zoned PD and the approved SIP shall remain in
place.
(f) Criteria for Approval: In its review and action an application for a Planned Development district,
the Plan Commission shall make findings with respect to the following criteria:
1. The proposed Planned Development project is consistent with the overall purpose and
intent of this Chapter.
2. The proposed Planned Development project is consistent with the City’s Comprehensive
Plan and other area plans. (It is the responsibility of the City to determine such consistency.)
3. The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts in the environs of
the subject site.
4. Adequate public infrastructure is or will be available to accommodate the range of uses being
proposed for the Planned Development project, including but not limited to public sewer
and water and public roads.
5. The proposed Planned Development project will incorporate appropriate and adequate
buffers and transitions between areas of difference land uses and development
densities/intensities.
6. The proposed Planned Development project design does not detract from areas of natural
beauty surrounding the site.
7. The proposed architecture and character of the proposed Planned Development project is
compatible with adjacent/nearby development.
8. The proposed Planned Development project will positively contribute to and not detract
from the physical appearance and functional arrangement of development in the area.
9. The proposed Planned Development project will produce significant benefits in terms of
environmental design and significant alternative approaches to addressing development
performance that relate to and more than compensate for any requested exceptions/base
standard modifications variation of any standard or regulation of this Chapter.
10. For Planned Development projects that are proposed to be developed in phases, the
applicant can provide a timeline for development and can demonstrate that the project
would be successful even if all phases were not or could not be completed.
(g) Changes or Alterations. Any change of the PD plans subsequent to approval of the SIP shall be
submitted to the Director of Community Development, or designee.
1. If the Director of Community Development, or designee, determines that the change
constitutes a substantial modification, the developer will be required to amend the SIP, and
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if necessary, the GDP, following the procedures set forth in this Section for review and
approvals.
2. If, in the opinion of the Director of Community Development, or designee, such changes do
not constitute a substantial alteration of either the GDP or SIP, the change may be
accomplished by approval of the Director of Community Development, or designee. Such
approved changes or modifications shall be documented and recorded in the official file of
the City on the PD.
Section 30-388: Process to Establish Campus Overlay Zoning
(1) The following shall govern the procedure and requirements for the review, approval, or denial of a
proposed Campus development:
(a) The Campus overlay zoning district is intended to recognize the presence and importance of
large-scale governmental, office, educational, medical, and research and development facilities in
the City; to facilitate their development; and to coordinate their futures with those of their
neighbors and the community as a whole.
(2) The procedure to rezone to a Campus overlay district shall follow the Zoning Map Amendment
procedure included in Section 30-381, except that the Campus overlay district procedure shall be
subject to the following additional requirements.
(a) Step 1: Campus Master Plan Preparation.
1. The Applicant shall prepare a draft Campus Master Plan (CMP) based on the requirements
in Subsection (6), below.
(b) Step 2: Public Meeting.
1. Within 90 days of filing of a complete application, the applicant shall hold a public meeting
to introduce and inform property owners within 100 feet of the subject property of the
proposal to solicit comments and address concerns. The City can supply a list of property
owners to the applicant upon request.
a. The public meeting shall be held at a time and location that average member of the
public can reasonably attend, as determined by the Director of Community
Development, or designee.
b. The Director of Community Development, or designee, shall be notified of and invited
to the public meeting in order to assist the applicant and public on the topic.
c. The public meeting shall be held prior to review and action by the Plan Commission.
d. The public meeting shall be noticed.
e. Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting
minutes, attendance records, documents distributed at the meeting, and presentation
materials shall be provided to the City
f. Alternate to Public Meeting. Instead of a public meeting, notification by mail
introducing and informing property owners within 100 feet of the subject property of
the proposal may substitute for the public meeting, if deemed appropriate by the
Director of Community Development, or designee.
(c) Step 3: Director of Community Development.
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1. The Applicant shall provide the Director of Community Development, or designee, with a
draft CMP for a determination of completeness prior to placing the proposed CMP on the
Plan Commission agenda for review.
2. The Director of Community Development, or designee, shall notify the Applicant of the
determination of completeness.
3. The Director of Community Development, or designee, shall coordinate review with the
City’s Development Review Team. The Development Review Team shall make a
recommendation to the Plan Commission.
4. Following Development Review Team review, the Director of Community Development, or
designee, shall publish a Class 2 notice for a public hearing and place the item on an
upcoming Plan Commission agenda.
(d) Step 4: Plan Commission Review.
1. The Plan Commission shall review the draft CMP and make a recommendation to the
Common Council within 60 days after referral to the Commission. This deadline may be
extended as requested by the applicant.
2. The Plan Commission shall follow the Zoning Map Amendment procedure per Section 30-
381.
3. The Plan Commission may specify other plans, documents, or information that must be
submitted prior to consideration or approval of the CMP, as such may be relevant to review.
(e) Step 5: Common Council Review and Action.
1. The Common Council shall follow the Zoning Map Amendment procedure per Section 30-
381.
2. The Common Council shall take action on the CMP and rezoning to the Campus overlay
zoning district within 60 days of Plan Commission recommendation. This deadline may be
extended as requested by the applicant.
(3) After CMP Adoption: Campus Master Plan Implementation.
(a) Following Common Council approval of the CMP and rezoning to the Campus overlay zoning
district, the implementation process will vary based on the particular land use.
1. Minor Site Work and Signage Consistent with the CMP: Staff-level review and approval
following the requirements for site plan approval per Section 30-385.
2. Permitted Land Uses Consistent with the CMP: Staff-level review and approval following
the requirements for site plan approval per Section 30-385.
3. Conditional Land Uses: Following the requirements for conditional uses per Section 30-382.
(b) Campus Master Plan Update. CMPs shall be updated every 10 years following the steps for
approval of the original CMP as outlined in this Section. If there is no change to the CMP after 5
years, the CMP update may be approved by the Plan Commission without holding a public
hearing.
(c) Amendments to an approved Campus Master Plan may be proposed by the property owner(s)
and considered by the Plan Commission and Common Council at any time. Amendments to an
approved CMP shall follow the procedures set forth for the approval of the original plan as
outlined Subsection (2), above.
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(4) Development in the Absence or Expiration of a Campus Master Plan: In the absence of an approved
CMP, or within an expired CMP, the regulations of the underlying zoning district shall serve unless or
until the CMP is approved by the City.
(5) Campus Master Plan Requirements.
(a) Property owner(s), or agents thereof, within the Campus district may produce a CMP, and apply
for its review and consideration by the City. CMPs approved by the City are intended to establish
the fully legal zoning status of existing development and land uses and to simplify the review of
new development and land uses within a campus. The required components of a CMP shall
include (digital files should be submitted whenever possible):
1. Campus Existing Conditions and Proposed Plan Graphic which shall be provided in hard
copy and digital format and include the following:
a. A common measureable scale. Said scale shall be provided as a bar scale on the face of
the graphic.
b. Boundary of the campus and any proposed campus areas, clearly divided into a Central
Campus Area and a Peripheral Campus Area. The boundary between the Central
Campus Area and the Peripheral Campus Area may vary from parcel lines.
c. Existing structures, paved areas, stormwater management facilities, rights-of-way, and
other significant exterior development features (identified by the City) depicted on a map
and identified in a numbered key. A clearly labeled and latest available air photo may be
used to meet this requirement.
d. Proposed structures and permitted and conditional uses per Section 30-382, paved areas,
stormwater management facilities, rights-of-way, and other significant exterior
development features (identified by the City) depicted on the map and identified in a
numbered key.
2. Campus Existing Development Inventory, in tabular format, which shall provide the
following details about the existing development depicted on the Campus Existing
Conditions Graphic:
a. Index number for each principal, accessory, and temporary structure and facility
depicted on the graphic.
b. Name of each principal, accessory, and temporary structure and facility.
c. Maximum height and number of floors for each structure.
d. Footprint area for each principal, accessory, and temporary structure.
e. Gross floor area for each principal, accessory, and temporary structure.
f. Surface area for each facility and paved area.
g. Listing of land uses (based on Section 30-74) for each structure and facility.
h. Parking space count for each parking lot and on-street parking area.
i. Setbacks of each structure and paved area from property lines.
j. Other existing conditions identified by the City specific to each campus.
3. Campus Plan Development Inventory, in tabular format, which shall provide the following
details about the proposed new development depicted on the Campus Plan Graphic, in
addition to the details of existing development proposed to remain or be removed:
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a. a. through j. in Subsection 2., above, for all existing development proposed to remain.
b. a. through j. in Subsection 2, above, for all development proposed to be removed or
relocated.
c. a. through j. in Subsection 2, above, for all proposed new development.
d. An evaluation of the surplus or deficit of parking spaces for each proposed structure or
facility, and for the campus as a whole.
e. An evaluation of the surplus or deficit of stormwater management facilities for each
proposed structure or facility, and for the campus as a whole.
4. Transportation Demand Management (TDM) Plan meeting Wisconsin Department of
Transportation requirements for content and format may be required by the City if deemed
necessary by the Director of Community Development, or designee.
5. Master Parking Study (Optional). Parking requirements for existing, modified, expanded, and
new land uses and facilities may be reduced below those required in Article III if the Campus
Master Plan contains an optional Master Parking Study with an approved Campus Parking
Ratio. The Master Parking Study shall include the following:
a. A complete inventory of off-street and on-street parking spaces within the campus;
b. Documentation of the number and location of typical unused on-street and off-street
parking spaces at the time of maximum daily peak parking demand; and
c. The current ratio of such parking demand in the Campus Existing Conditions Graphic
to:
i. The number of employees at same time; and
ii. Gross Floor Area for current development;
iii. or method of establishing a measureable, accurate and reasonable ratio as approved
by the City.
d. Identification of a required ratio of peak parking demand for future development in the
Campus Plan Graphic.
e. Any significant land use changes within the campus may require an updated Master
Parking Study as determined by the City.
6. Master Signage Plan (Optional). Exterior signage for existing, modified, expanded, and new
land uses and facilities may be increased in number, area, and/or configuration above those
permitted in Article X if the Campus Master Plan contains an optional Master Signage Plan
with approved alternative campus signage regulations. The Master Signage Plan shall include:
a. A complete inventory of all existing and proposed exterior signage within the campus.
All existing exterior signage may or may not be designated legal conforming.
b. Signage rules specific to the campus which regulate:
i. The maximum number of freestanding signs permitted for each building or parcel
within the campus.
ii. The maximum area of freestanding signs used within the campus in relation to a
specific street frontage ratio and the absolute maximum sign area, height limits and
location requirements for individual freestanding signs.
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iii. The maximum number of on building signs permitted for each building within the
campus.
iv. The maximum area of on-building signs used within the campus in relation to a
specific building wall length ratio and the maximum area limit and location
requirements for individual on-building signs.
v. Area, height and location of pedestrian-scale directional signage within the
campus.
vi. Area, height and location of driver-oriented directional signage within the campus.
vii. Area, height and location of primary campus identification signs within the
campus, as well as specified approved locations for each sign.
c. The Director of Community Development, or designee, may approve changes to the
Master Signage Plan that do not change the number of signs or type of signs used.
d. Changes to the sign message and/or appearance that do not alter the location or size of
an exterior sign are permitted by right.
7. Conceptual Landscaping Plan for the proposed Campus Existing Conditions Graphic and
Campus Plan Graphic depicting:
a. Location and number of existing landscaping features.
b. General location and type of proposed landscaping features.
c. Bufferyards as required in Article IX.
d. Other requirements specific to the campus as deemed appropriate by the City.
Sections 30-389 to 30-409: Reserved
Section 30-410: Interpretations
(1) Purpose. The purpose of this Section is to assign responsibility for the official interpretation of the
provisions of this Chapter, and to describe the required procedure for securing such interpretation.
(2) Initiation of Request for an Interpretation. Proceedings for an interpretation may be initiated by any of
the following 4 methods:
(a) An application of the owner(s) of the subject property or authorized agent of the owner(s) of the
subject property.
(b) A recommendation of the Plan Commission to the Common Council.
(c) By action of the Common Council.
(d) By request of the Director of Community Development, or designee.
(3) Application. A zoning interpretation application contains all of the following:
(a) Clear indication of the text of this Chapter for which the interpretation is requested and the
specific questions the applicant has regarding said text.
(b) If the requested interpretation relates to the application of this Chapter to a specific property, the
additional following information may be required (digital files should be submitted whenever
possible):
1. A map of the subject property depicting:
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a. All lands for which the interpretation is requested and all other lands within 100 feet of
the boundaries of the subject property.
b. Current zoning of the subject property and its environs, and the jurisdiction(s) which
maintains that control.
c. All lot dimensions of the subject property.
d. A graphic scale and a north arrow.
2. A written description of the reason for the requested interpretation and how the proposed
interpretation relates to type of activities, buildings, and structures currently located on, and
proposed for, the subject property.
3. A site plan of the subject property as proposed for development. Said site plan shall
conform to the requirements of Section 30-385.
(c) If the requested interpretation relates to the classification or treatment of a particular land use
under the provisions of this Chapter, a series of written responses to the following questions:
1. How is the subject land use in general harmony with the purposes, goals, objectives, policies
and standards of the City’s Comprehensive Plan, this Chapter, and any other plan, program,
or ordinance adopted, or under consideration (pursuant to official notice) by the City?
2. How is the subject land use in harmony with the purposes, goals, objectives, policies and
standards of the pertinent zoning district for which the interpretation is being sought?
(4) Review by Director of Community Development, or designee.
(a) The Director of Community Development, or designee, shall determine whether the application
is complete and fulfills the requirements of this Chapter. If the application is determined to be
incomplete, the Director of Community Development, or designee, shall notify the applicant.
(b) The Director of Community Development, or designee, shall review the application and evaluate
and comment on the written justification for the proposed interpretation provided in the
application to determine whether the requested variance is in harmony with the City’s
Comprehensive Plan.
(c) The Director of Community Development, or designee, shall forward a report to the applicant
indicating the interpretation of the Director of Community Development, or designee. If the
Director of Community Development, or designee, determines that the proposal may be in
conflict with the provisions of the Comprehensive Plan, the Director of Community
Development, or designee, shall note this determination in the report.
(5) Standards for Review. This Chapter shall be interpreted in a manner which is consistent with the
purposes intended by the Common Council as noted in this Chapter and the Comprehensive Plan.
The intent of the standards and supporting definitions of this Chapter is to protect both individual
property owners and the general public from adverse impacts that may result from a proposed,
modified, or existing land use. To this end, those called upon to interpret this Chapter shall proceed as
follows:
(a) Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is
required. (Rationale: Before any zoning interpretation is made, there must be an explicit
discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning
regulation is intended to protect the interests of both present and future neighbors and the
general public. Each standard is developed as a regulatory response to an identifiable potential
negative impact. A sound interpretation of any standard cannot be ensured without careful
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analysis of the regulation and the end toward which it is directed. It is understood that there may
be other public purposes underlying the interpretation which are not explicitly articulated.)
(b) Articulate the actual impact of various proposed interpretations, permitting flexibility in design
and prohibiting any interpretation that lowers the protection afforded to the public. There is a
critical distinction between an interpretation which provides a greater degree of design freedom
to achieve a permitted land use, and an interpretation which permits a new or not previously
permitted use, or which allows a use to be enlarged, or have its intensity increased beyond the
degree specified in the Chapter. Design freedom is to be encouraged while a lowering of the
standards of this Chapter is to be prohibited.
(c) Determine whether the proposed interpretation will ensure a just balance between the rights of
the landowner and all others who will be affected by that person’s land use proposal. If an
interpretation would merely allow a design solution that is slightly different from the one
expressly stated or permitted, and if it would result in a same or greater degree of protection to
any affected party (i.e. the abutting landowners, the public at large, and/or a future property
owner or renter), such an interpretation may be appropriately made. Any interpretation which
would result in any identifiable loss of protection for one group to the benefit of others is
contrary to the spirit of this Chapter. Similarly, any interpretation which would either increase
the nuisance potential of any use or alter the purpose for which the regulation was adopted shall
be considered counter to the legislative intent of this Chapter. Any interpretation which will
result in any reduction of a normally required bufferyard or increase in intensity beyond that
already permitted shall only be made if the party interpreting this Chapter has the power to
impose additional restrictions or requirements.
(d) This Chapter has been carefully designed by the Common Council to combine maximum
achievement of public goals, and the protection of abutting property owners while providing
flexibility for property owners to use their land for a variety of uses consistent with the goals and
objectives of the Comprehensive Plan. Great care has been taken to balance the rights of
competing groups while achieving maximum protection with flexibility and a range of use
options. Persons interpreting this Chapter should not substitute their own judgments for the
legislative acts of the Common Council.
(e) In addition to the applicant’s response to the questions required by Subsections (5)(a) through
(d), above, the following standards shall govern the decision on the requested interpretation on
land use interpretation matters:
1. No interpretation shall allow the establishment of any land use which was previously
considered and rejected by the Common Council on an application for an amendment to the
Zoning Ordinance, the Official Zoning Map, or a previously applied for appeal from a
requested interpretation.
2. No interpretation shall permit a land use listed as a use permitted by right, a special use, or a
conditional use in another zoning district if the use is not listed as permitted or conditional
in the zoning district of the subject property (see Article II).
3. No interpretation shall permit a land use in a zoning district unless evidence is presented
which demonstrates that the land use will comply with any and all regulations applicable to
development in the subject property’s zoning district (see Article II).
4. No interpretation shall permit a land use in a particular zoning district unless such use is
substantially similar to other uses permitted in that same district and is more similar to such
other uses than to uses either not permitted in said district, or permitted in a more intensive
district in the same zoning district category (see Article II).
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5. If the proposed land use is more similar to a land use permitted only as a conditional use in
the subject property’s district than to a use permitted by right, then an interpretation
permitting such use shall be conditioned upon the approval of a conditional use pursuant to
Section 30-382.
(6) Effect of a Favorable Land Use Interpretation. No interpretation finding a particular land use to be
permitted or conditionally permitted in a specific zoning district shall authorize either the
establishment of such use or the development, construction, reconstruction, alteration, or moving of
any building or structure. A favorable interpretation merely authorizes the preparation, filing, and
processing of applications for any permits and approvals which may be required by this Chapter. These
permits and approvals include, but are not limited to, required site plans, special use permits,
conditional uses, and certificates of occupancy.
(7) Limitations on Favorable Land Use Interpretation.
(a) No interpretation finding a particular land use to be permitted or conditionally permitted in a
specified zoning district shall be valid for a period of more than 365 days from the date of
issuance of the interpretation, unless a building permit is issued and development has begun
within that period, and is thereafter diligently pursued to completion, or a certificate of
occupancy is obtained and a use commenced within that period.
(b) An interpretation finding a particular land use to be permitted or conditionally permitted in a
specified zoning district shall be deemed to authorize only that particular use at that particular
location for which the interpretation was issued. The interpretation shall not be deemed to
authorize any allegedly similar use for which a separate interpretation has not been issued. A
favorable interpretation shall automatically expire and cease to be of any force or effect if the
particular use for which it was issued shall, for any reason, be discontinued for a period of 365
consecutive days or more.
Section 30-411: Variances
(1) Purpose. The purpose of this Section is to provide regulations which enable the City to hear and
decide requests for permitted variation from the terms of this Chapter as will not be contrary to the
public interest; where owing to special factors, a literal enforcement of the provisions of this Chapter
would result in practical difficulty or unnecessary hardship, so that the spirit of this Chapter shall be
observed, public safety and welfare secured, and substantial justice done; as provided for by Wis. Stats.
62.23(7)(e)(7).
(2) Initiation of Request for Approval of a Variance. Proceedings for approval of a requested variance
shall be initiated by an application of the owner(s) of the subject property or authorized agent of the
owner(s) of the subject property.
(3) Application. Variance applications shall contain the following (digital files should be submitted
whenever possible, if applicable):
(a) A map of the subject property depicting:
1. All lands for which the variance is proposed and all other lands within 100 feet of the
boundaries of the subject property.
2. Current zoning of the subject property and its environs, and the jurisdiction(s) which
maintains that control.
3. All lot dimensions of the subject property.
4. A graphic scale and a north arrow.
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(b) A site plan of the subject property as proposed for development. Said site plan shall conform to
the requirements of Section 30-385.
(c) Written description of the proposed variance, including evidence that the application is
consistent with the Comprehensive Plan.
(4) Review by the Director of Community Development, or designee.
(a) The Director of Community Development, or designee, shall determine whether the application
is complete and fulfills the requirements of this Chapter. If the application is determined to be
incomplete, the Director of Community Development, or designee, shall notify the applicant.
(b) The Director of Community Development, or designee, shall review the application and prepare
a written report including the following:
1. Evaluate whether the request is in harmony with the Comprehensive Plan or other relevant
plans.
2. Evaluate the request based upon the criteria used by the Zoning Board of Appeals in their
review.
(5) Public Hearing. Within 60 days of filing of a complete application, the Zoning Board of Appeals shall
hold a public hearing in compliance with Section 30-361 consider the request.
(6) Review and Action by the Zoning Board of Appeals.
(a) Within 60 days after the holding of the public hearing, the Zoning Board of Appeals shall make
its findings per the following based on Wis. Stats. 62.23(7)(e)7:
1. The variance will not be contrary to the public interest.
2. Substantial justice will be done by granting the variance.
3. The variance is needed so that the spirit of the ordinance is observed.
4. Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance
will result in unnecessary hardship.
5. The variance will not allow any alteration of an historic structure, including its use, which
would preclude its continued designation as an historic structure.
(b) The Zoning Board of Appeals may request further information and/or additional reports from
the Director of Community Development, or designee, and/or the applicant. The Zoning Board
of Appeals may take final action on said request for approval of the requested variance at time of
its initial meeting, or said proceedings may be continued from time-to-time for further
consideration.
(c) If the Zoning Board of Appeals fails to make a determination within 60 days after said public
hearing, then the request for the variance shall be considered denied.
(7) Effect of Denial. No application for a variance which has been denied (either wholly or in part) shall
be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of
new evidence or material change of circumstances found valid by the Director of Community
Development, or designee.
(8) Limited Effect of a Variance. Where the Zoning Board of Appeals has granted a variance, such
approval shall neither change the use classification of the building or premises, nor give it any status as
a nonconforming use other than that which it has as a result of the variance. Granting of a variance
shall be considered as unique to the variance granted, and shall not be construed as precedent for any
other proposed variance.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-412: Appeals of Zoning Interpretations
Draft #6 388 July 22, 2016
(9) Stay of Proceedings. An application for a variance shall stay all legal proceedings furthering
enforcement of any provisions of this Chapter from which the applicant is requesting a variance,
unless the Director of Community Development, or designee, certifies to the Zoning Board of
Appeals after the request for the variance has been filed, that by reason of the facts stated in the
certificate a stay would, in his opinion, cause imminent peril to life or property. In such case
proceedings shall not be stayed otherwise than by a restraining order which may be granted by the
Zoning Board of Appeals, or by a court of record on application, on notice to the Director of
Community Development, or designee, and on due cause shown. State Law Reference: Section
62.23(7)(e)5., Wisconsin Statutes.
(10) Exceptions to the requirements of the “Wittman Regional Airport Height Limitation Map –
Winnebago County, Wisconsin” shall be administered by Winnebago County.
Section 30-412: Appeals of Zoning Interpretations
(1) Purpose. The purpose of this Section is to provide regulations which enable the City to hear and
decide requests for appeals from the interpretations of the Director of Community Development, or
designee, per Section 30-410 as provided for by Wis. Stats. 62.23(7)(e)(7).
(2) Initiation of Request for Appeal. Proceedings for the review of an appeal may be initiated by any
person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision
of the Director of Community Development, or designee.
(3) Stay of Proceedings. An appeal shall stay all legal proceedings in furtherance of the action appealed
from, unless the Director of Community Development, or designee, certifies to the Zoning Board of
Appeals after the request for the appeal has been filed, that, by reason of facts stated in the certificate,
a stay would cause immediate peril to life or property. In such case, the proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of
record on application and on notice to the Director of Community Development, or designee, and on
due cause shown.
(4) Time Limit for Filing an Appeal. Any appeal under the provisions of this Section shall be made per the
requirements of Subsection (5), below, within a period not exceeding 45 days from the date of issuance
of the interpretation by the Director of Community Development, or designee. Failure to initiate this
appeal procedure within this 45-day period shall constitute a final and binding waiver of the right to
appeal said interpretation.
(5) Application Requirements. An application of an appeal of a zoning interpretation shall contain the
following (digital files should be submitted whenever possible):
(a) A copy of pertinent items in the file on the matter at hand as identified by the Director of
Community Development, or designee, and/or the applicant.
(b) A written statement from the applicant indicating the reasons why an appeal is justified. This
statement shall be dated and signed by the applicant.
(6) Review by the Director of Community Development, or designee.
(a) The Director of Community Development, or designee, shall determine whether the application
is complete and fulfills the requirements of this Chapter. If the application is determined to be
incomplete, the Director of Community Development, or designee, shall notify the applicant.
(b) The Director of Community Development, or designee, shall review the application and evaluate
and comment on the written justification for the requested appeal to the Zoning Board of
Appeals as submitted by the applicant. The Director of Community Development, or designee,
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Section 30-413: Administration and Enforcement of Performance Standards
Draft #6 389 July 22, 2016
shall also evaluate the application to determine whether the requested is in harmony with the
Comprehensive Plan or other relevant plans.
(c) The Director of Community Development, or designee, shall forward a report to the Board of
Appeals for review and action. If the Director of Community Development, or designee,
determines that the proposal may be in conflict with the provisions this Chapter or the
Comprehensive Plan or other relevant plans, the Director of Community Development, or
designee, shall note this determination in the report.
(7) Public Hearing. Within 60 days of filing of a complete application, the Zoning Board of Appeals shall
hold a public hearing in compliance with Section 30-361 to consider the request.
(8) Review and Action by the Zoning Board of Appeals.
(a) Within 60 days after the filing of the complete application, the Zoning Board of Appeals shall
make its findings. The Zoning Board of Appeals may request further information and/or
additional reports from the Director of Community Development, or designee, and/or the
applicant. The Zoning Board of Appeals may take final action on the application for appeal at
the time of its initial meeting, or may continue the proceedings at applicant’s request. Said final
action shall be followed by a written report or minutes which shall include a formal finding of
facts developed and approved by the Zoning Board of Appeals concerning the request.
(b) If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of
said complete application, then the request for the appeal shall be considered denied.
(9) Effects of Denial. No application for an appeal which has been denied (either wholly or in part) shall
be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of
new evidence or material change of circumstances found valid by the Director of Community
Development, or designee.
(10) Limited Effect on a Favorable Ruling on an Appeal.
(a) No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be
permitted or conditionally permitted in a specified zoning district shall be valid for a period of
more than 365 days from the date of issuance of the ruling on the appeal, unless a building
permit is issued and development is actually begun within that period, and is thereafter diligently
pursued to completion, or a certificate of occupancy is obtained and development commenced
within that period.
(b) A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be
permitted or conditionally permitted in a specified zoning district shall be deemed to authorize
only that particular use at that particular location for which the ruling was issued. The ruling shall
not be deemed to authorize any allegedly similar use for which a separate ruling has not been
issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the
particular use for which it was issued shall, for any reason, be discontinued for a period of 365
consecutive days or more.
Section 30-413: Administration and Enforcement of Performance Standards
Determinations necessary for administration and enforcement of performance standards set forth in this
Article range from those which can be made with satisfactory accuracy by a reasonable person using normal
senses and no mechanical equipment, to those requiring great technical competence and complex equipment
for precise measurement. It is the intent of this Chapter that:
(1) Where determinations can be made by the Director of Community Development, or designee, using
equipment normally available to the City or obtainable without extraordinary expense, such
determinations shall be so made before notice of violations is issued.
City of Oshkosh Zoning Ordinance Article XI: Administration and Procedures
Sections 30-414 to 30-429: Reserved
Draft #6 390 July 22, 2016
(2) Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain
the personnel or equipment necessary for making difficult or unusual determinations, procedures shall
be available for causing corrections or apparent violations of performance standards, for protecting
individuals from arbitrary, capricious, and unreasonable administration and enforcement of
performance standard regulations, and for protecting the general public from unnecessary costs for
administration and enforcement.
(a) The Director of Community Development, or designee, shall give written notice to the person or
persons responsible for the alleged violations. The notice shall describe the particulars of the
alleged violation and the reasons why the Director of Community Development, or designee,
believes there is a violation in fact, and shall require an answer or correction of the alleged
violation to the satisfaction of the Director of Community Development, or designee.
(b) The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of
the Director of Community Development, or designee, within the time limit set constitutes
admission of violation of the terms of this Chapter. The notice shall further state that upon
request of those to whom it is directed, technical determination as described in this Chapter will
be made, and that if violations as alleged are found, costs of such determinations shall be charged
against those responsible for the violation, in addition to such other penalties as may be
appropriate, but that if it is determined that no violation exists, the cost of the determination will
be paid by the City.
Sections 30-414 to 30-429: Reserved
Section 30-430: Violations and Penalties
(1) Violation of this Chapter. It shall be unlawful to construct or use any land, engage in any development
activity, or construct or use any structure, land or water in violation of any of the provisions of this
Chapter, or otherwise neglect, refuse or fail to comply with this Chapter’s requirements.
(2) Penalties. See Chapter 1 of the City of Oshkosh Municipal Code.
(3) Promulgated Correction of Violation. In addition to any other penalty imposed for a violation of the
provisions of this Chapter, the City reserves and maintains the continued right to abate violations of
this Chapter. Costs associated with said abatement shall be charged to the owner of the property on
which said violation has occurred.
Sections 30-431 to 30-438: Reserved
Section 30-439: Fees
Fees for procedures and permits shall be established and amended by the Common Council.
City of Oshkosh Zoning Ordinance Articles XII-XIII: Reserved
Sections 30-440 to 30-699: Reserved
Draft #6 391 July 22, 2016
ARTICLES XII-XIII: RESERVED
Sections 30-440 to 30-699: Reserved
1
CITY OF OSHKOSH ZONING CODE OPEN HOUSE
FREQUENTLY ASKED QUESTIONS
1.What does a Zoning Code do?
A zoning code is the set of rules that a local government adopts to regulate the use and
development of land. A modern zoning code includes rules for land use, site design,
landscaping, signage, protection of the public health, safety and welfare, and the
predictable and fair review of proposed developments. The zoning code is the most
effective way of making the community’s long-range plans come true.
2.Who typically uses the City’s Zoning Code?
Anyone interested in developing vacant property, or expanding or rehabilitating existing
development within the City will want to refer to the new ordinance to make sure their
development meets the new standards. Other frequent users of the zoning ordinance
include developers of residential and non-residential properties, realtors, surveyors,
architects, and engineers.
3.Why does the City of Oshkosh need a new Zoning Code?
Many of the development standards in the City’s current code do not relate well to
modern land use and development practices. The new code also creates several new
zoning districts to encourage modern neighborhood, riverfront, campus, office park,
industrial park, and low-key neighborhood business development. These types of
modern zoning districts are not provided in the current code.
4.Will modern zoning standards drive away development and tax base?
Many communities in Wisconsin have upgraded their zoning ordinances in the last ten
years. Overall, these communities have found that although some very low quality
development has been either prohibited or discouraged, a larger amount of high-quality
development has been encouraged by the protection of property values resulting from
modern standards.
5.Where does the new Zoning Code apply?
The Zoning Code applies to all properties within the City of Oshkosh. Generally, the
“new” zoning districts require the same standards for lot size, lot width, lot coverage, and
building setbacks as the current residential zoning districts. For most properties in
Oshkosh, only the name of the zoning district will change, the rules will stay the same.
6.How will the new Zoning Code affect existing development?
The new Zoning Code is designed to protect and enhance the value of existing
development in several important ways:
x The same requirements for lot size, lot width, lot coverage, and building setbacks
are used.
2
x The new requirements for landscaping do not apply to existing buildings. Only
additions to existing non-residential and multi-family buildings are subject to the
new rules.
x All legal but non-conforming buildings under the current Zoning Code are made
fully conforming under the new Zoning Code.
7.Why does the City’s new Zoning Code have so many pages?
Nearly one-third of the new Zoning Code document consists of detailed, step-by-step,
easy-to-follow procedures and checklists to help people with the zoning process. This
approach will ensure predictable, consistent, and fair procedures for reviewing zoning
text and map amendments, conditional use permits, temporary use permits, sign permits,
site plan applications, variances, and appeals of zoning interpretations.
Many other additional pages are devoted to the new zoning districts specifically crafted
for Oshkosh, to help implement the recommendations of the Comprehensive Plan.
Finally, an entire new chapter of the Zoning Code is devoted to detailed building design
standards which are designed to provide predictable and fair review of proposed
developments and improve the quality of new development in the City.
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The Roommate Living Arrangement land use provides the opportunity for higher density unrelated adult living situations for appropriately sized lots through Conditional Use Permit review while permitting it "by-right" within the common university student housing area where the higher density is more the norm. This approach also attempts to address the most grievous issues associated with non-family living situations that are more commonly transient in nature in single and two family homes such as increased parking needs, exterior storage, and exterior property maintenance. The area proposed for the University Transitional Overlay is focused around UWO campus and reflects the highest levels of student populations and rental housing while also being sensitive to established neighborhoods as well as areas targeted by various programs aimed at increasing owner occupany rates and neighborhood stabilization.
3
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Staff agrees with the working group and does not feel that the boarding house living arrangements (6+ unrelated individuals) is an appropriate land use for single and two family neighborhoods, as the increased density and temporary/transient nature of boarding house residents can have a greater negative effect on neighborhood character and quality of life. Additionally, conditions such as increased traffic and parking demand can not generally be met on the smaller sized/scaled single and two family lots.
4
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This regulation, while likely to improve the appearance of industrial corridors from the public right-of-way, is felt by staff to be too restrictive for industrial development, especially manufacturing, transportation and warehousing uses. The orientation design standard recommended for commercial buildings in Article VIII: Section 30-243 (1) requiring that building sides facing the street to be designed to have the appearance of a front elevation by including windows, doors and or architectural components would, in most cases, not be appropriate for industrial buildings as they often do not have formal customer entrances or identifiable "front" facades. Staff believes the requirement that the enhanced exterior building material requirement in Section 30-244 (2) outlined item #5 below is a reasonable and sufficient design standard for industrial building sides facing the public street.
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The 10-15% Class I building material requirement for facades facing the street is considered to be reasonable and will help to improve the general appearance of industrial buildings and corridors within the city. This type of design standard is very similar to existing City standards for industrial buildings located in the Highway 41 Corridor, which requires any exterior building wall facing a street or highway to be constructed of clay or masonry block; customized colored concrete masonry; concrete panels with stone, textured or coated finish; architectural metal panels; or glass curtain walls or natural stone as well as the City’s several Industrial Parks, which by covenant, requires buildings to be masonry or enameled steel with fronts improved with decorative masonry, glass or metal panels.
6
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This option for sign size and height flexibility for freestanding Permanent Business Signs was an attempt to provide developers/property owners an option for larger and higher signage in exchange to placing the sign structure further back from the right-of-way, especially for deep lots. Staff acknowledges that the draft sign code is already extremely generous in relation to other Fox Valley communities as it relates to business signage and we are not steadfast in our support of this regulation exception, as it could have the result of inappropriately and inconsistently tall and large signs for some properties when others are not afforded the option due to site or other constraints. Additionally, the provision could have the effect of creating confusion with the regulations and an increase in requests for appeals to the standard regulation on sign height and size citing those that utilized the provision as examples.
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Staff agrees that transferring final approval on certain processes from the Common Council to the Plan Commission will streamline and shorten review and approval timelines, which is often cited as a concern within the development community, as “time is money.” When analyzing Plan Commission and Common Council actions on these types of processes, it should be noted that almost all Council action follows Plan Commission recommendations, and in those rare occurrences that they do not, they typically result in the Council referring the item back to the Plan Commission for further review. The built-in ability for any party to take the item before the Common Council if they feel aggrieved by the decision of the Plan Commission ensures that any possible controversial item received elected official review and consideration.
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Shifting the public hearing from the Common Council to the Plan Commission on items allowed by State Statute is recommended by staff because the review of these items in the Plan Commission forum is much more intensive. Beyond the required public hearing notice, the Plan Commission sends letter notification to adjacent and nearby property owners; has a formal presentation by staff; takes interested party comment (that includes the applicant); and has the ability to ask technical questions. Additionally, Plan Commission members are extremely familiar with the details associated with requested actions and their background/knowledge base typically afford them the ability to respond to public comment and concerns expressed during the public hearing with the developer/property owners at the subsequent Plan Commission review. This dialogue can then be incorporated into their action and/or recommendation to Council, which is more appropriate than having the public hearing after the Plan Commission, takes action and/or recommendation. Staff also believes that shifting the public hearing to the Plan Commission will save a considerable amount time from the Common Council agenda, thereby allowing the Council to focus their attention on other items of overall city concern.
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Staff recommends establishing this new permit. It is similar to an occupancy permit, which is issued when a structure is originally constructed, but unlike the occupancy permit, it is updated when there is a change or alteration of the use after initial occupancy. The land use permit will allow staff to get a “snapshot” of what use is taking place on a property and check it against applicable city codes to ensure the new use or activity is permitted by-right, needs formal review and approval or is not permitted. Additionally, items affected by a use change (such as required formal use approval(s), minimum number of parking stalls, buffers from adjoining uses, and/or need for site or building augmentation) can be discovered and addressed through the use of a Land Use Permit review. This is not only important from a city standpoint, but also to a developer/owner, because often a property is sold or leased and the new owner/tenant expends time and finances only to find out that the new use or activity is not permitted or that the property requires some type of alteration to accommodate the change.
9
X
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3
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Staff supports this approach to Planned Developments as it allows the developer applying for a planned development to provide more of a preliminary or General Develop Plan and receive a degree of assurance that the use and conceptual site design/layout is appropriate and acceptable to the community prior to expending significant amounts of money on more technical aspects of the project (such as specific landscape plans; construction ready architectural plan sets; finalized grading, utility and engineering plans; and “ready to record” agreements such as easements, bylaws, and covenants.) By having this more preliminary review and acceptance of a proposal, the developer has time to adress any changes or modifications desired by the city and be incorporated into the design of the more precise Specific Implementation Plan only once, thereby eliminating the need to accrue the cost of the highly technical work a second time. A provision is also built in that if the more technical components of the Planned Development are already completed, the General Development Plan and the Specific Implementation can be reviewed concurrently.
3 o
f
3
BELLAIRE
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.
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.
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.
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.
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.
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S
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S
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.
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MALLARD AVE.
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.
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W. 28TH AVE.
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.
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.
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.
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.
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.
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.
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S
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.
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CANDLISH
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HARTLAND RD.
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WINCHESTER
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MEDALIST DR.
BUEHRING RD.
CLAY RD.
AVE.
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HAZEL ST.
CHESTNUT
ST.
ST.
ST.
ST.DR.
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HICKORY
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SAWTELL CT.
MARQUETTE AVE.
MADISON
WASHINGTON AVE.
BOYD ST.
JEFFERSON ST.
EVANS ST.
GROVE ST.
FABRY ST.
LAAGER LN.
WEISBROD
KENSINGTON
RUGBY ST.
W. 12TH AVE.
PUNHOQUA
BAUMAN ST.
N. OAKWOOD RD.
PRARIE WOOD DR.
COUNTY RD. SPLUMMERS POINT RD.
OLD OAK RD.
RICHARDS AVE.KRISTINE ST.
ULMON ST.
FOUNTAIN AVE.
GARFIELD
ST.
PROSPECT
AVE.
AVE.
CENTRAL ST.
BURDICK ST.
EASTMAN ST.
HAZEL ST.
OAKS
PRATT TRL.*
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TRL.
WEST POINTE DR.*
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S. WASHBURN ST.
COVINGTON DR.
DEERFIELD WELDON
MONTICELLO DR.*
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OREGON ST.
AVE.
LEGION
PL.
WOODSTOCK ST.
CLEVELAND
COURT ST.
LN.
COUNTRY CLUB LN.
L.R. LN.*
LN.
LN.
LN.
LN.
LN.
SHADOW LN.
DRIFTWOOD LN.
AVE.
CUMBERLAND TRL.
CRYSTAL
LN.*
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S.MEADOW
W. NEW YORK AVE.
EAST PERIMETER RD.*
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WESTERN DR.
HARVEST
DR.
CT.
GOLDEN IRIS DR.
N. MAIN
DR.
SHERMAN RD.
E. NEW YORK AVE.
TUK
APPLE LN.
BLVD.
ALGOMA
COZY
MOSER ST.
CITY LIMITS
CITY LIMITS
POBEREZNY RD.
CEMETERY
CEMETERY
UNIVERSAL CT.
CASTLE CT.
VICTORIA CT.
AMES POINTMENOMINEE
MERRITT AVE.
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ROCKWELL
GREENFIELD
KINCAID
GRACELAND DR.
WH. CT.
LN.
RIDGE LN.
HARBOR
KEENVILLE LN.
PL.
AVE.
CT.
NELSON RD.
MILFORD DR.
WELSH HAVEN DR.
VALLEY RD.
LAKE BREEZE RD.
COUNTRY MEADOW CT.
VENTURE DR.
ORCHARD CT.
E. TENNESSEE AVE.
GEHRES CT.
NORTHWESTERN
EICHSTADT
AVE.
CHRISTIAN DR.
FREEDOM
FOX
GREEN CIR.
ANDERSON ST.
LOGAN DR.
RYF RD.
KANSAS ST.
HAWTHORNE
S. LARK ST.
PRAIRIE
LN.
PRAIRIE CT.
JACKSON ST.
FARMSTEAD LN.
COBBLE-
STONE CT.
PAU-KA-
UNION AVE.
STATE ROAD 91
MARINE DR.
IVY
E. FERNAU
W. FERNAU
SWEET ST.
LANE ST.
BABBITZ AVE.
SHORELANE ST.
CARR
CANNIFF CT.
RATH LN.
DR.
SECURITY
MEADOWBROOK
DR.
NOEL CT.
BLAKE CT.
MARYDEN RD.
LINWAY CT.*
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CONRAD ST.
ONEIDA ST.
SHOREHAVEN LN.
LULLABYE
RD.
MANOR RD.
DANBE CT.
N. OAKWOOD RD.
OAKWOOD
CT.
HAVEN CT.
OAKWO OD
WALDWIC LN.
HIDDEN HOLLOW RD.
TAMMY RD.
PARTRIGE CT.
JONES
LEONARD PT. LN.
SPRING
VALLEY RD.
OMRO RD.
CAMBRIA CT.
SHEPPARD DR.
DR.
WYLDE OAK DR.
CT.
MOON CIR.
WOODRIDGE
W.O.
CT.
HONEY
ELMHURST LN.
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W. 9TH AVE.
(CTH "K")
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NEBRASKA
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W. 23RD AVE.
W. 24TH AVE.
W. 25TH AVE.
KURTZ
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ALASKA ST.
W. 18TH AVE.
DELAWARE ST.
MICHIGAN ST.
W. 17TH AVE.
IOWA ST.
GEORGIA ST.
OHIO ST.
MINNESOTA ST.
DAKOTA ST.
S. SAWYER ST.
GUENTHER ST.
FOSTER
W. 5TH AVE.
BISMARCK AVE.AVE.
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W. 9TH AVE.
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LN.
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