In the construction of this chapter, the rules and definitions
contained in this article shall be observed and applied, except when
the context clearly indicates otherwise. Words used in the present
tense shall include the future tense, the singular number shall include
the plural number, and the plural number the singular number. The
word "building" shall include the word "structure." The word "shall"
is mandatory and not directory; the word "may" is permissive.
As used in this chapter, the following terms shall have the
meanings indicated:
Having a common border.
A use incidental to the principal land use and subordinate
in floor area, extent or purpose, located on the same lot as the principal
land use with the single exception of accessory off-street parking
facilities that are permitted elsewhere than on the same lot as the
building or use served.
To lie near or close to; in the neighborhood or vicinity
of.
Touching or contiguous, as distinguished from lying near
or adjacent.
Any premises, including, but not limited to, an adult bookstore,
adult motion-picture theater, adult entertainment, adult cabaret,
or any other place of business of any similar purpose, operation or
function regardless of whether any other use is also conducted on
the premises.
ADULT BOOKSTOREA building or structure that has a facility or facilities, including, but not limited to, booths, cubicles, rooms or stalls, for the presentation of adult entertainment, including adult-oriented films, movies or live performances for observation by patrons therein, or an establishment having a substantial or significant portion of its stock-in-trade for sale, rent, trade, lease, inspection, or viewing of books, films, electronic media, magazines or other periodicals which are distinguished or categorized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
ADULT MOTION-PICTURE THEATERA building or structure used for presenting material in the form of motion-picture film, electronic media or other similar means, substantially devoted to the depiction of specified anatomical areas or specified sexual activities.
ADULT ENTERTAINMENTA building or structure regularly used for presenting live performances which are substantially devoted to the exhibition of specified anatomical areas or specified sexual activities for the observation and viewing of patrons therein.
ADULT CABARETA building or structure which features topless dancers, strippers, male or female impersonators or similar entertainers that display specified anatomical areas or engage in specified sexual activities.
BOOTHS, CUBICLES, ROOMS, COMPARTMENTS or STALLSEnclosures that are specifically offered to the public or members of an adult-oriented establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business entertainment to be viewed within the enclosure. This shall include, without limitation, such enclosures where the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth," "cubicle," "room," "compartment" or "stall" does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee and are not open to any person other than employees, nor shall this definition apply to hotels, motels or other similar establishments licensed by the State of Wisconsin pursuant to Wisconsin law.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, human buttocks and human female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESHuman genitals in a simulated or actual state of sexual stimulation or arousal; acts of sexual intercourse, masturbation, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or fondling or other erotic touching or sexual stimulation of human genitals, pubic region, buttocks or female breast.
A public right-of-way, with a width of not more than 24 feet,
which affords only a secondary means of vehicular access to abutting
properties.
A change in the size, shape or use of a building or structure.
A structural alteration is any change in the supporting members of
a building, such as bearing walls, columns, beams or girders, or any
substantial change in the roof or in the exterior walls, except such
repair or replacement as may be required for the safety of the building
as determined by the Building Inspector.
Clock towers, bell steeples, light poles and similar mounting
structures that camouflage or conceal the presence of antennas.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), or other communication
signals.
[Amended 6-25-2014 by Ord. No. 3552]
An establishment for the retail dispensing or sale of vehicular
fuel which may include the retail sale of convenience goods.
[Amended 5-27-2020 by Ord. No. 3708]
A roof-like cover which projects from the wall of a building.
A landing, deck or porch projecting from the wall of a building
at or above the second story.
A story having the entire floor to ceiling height below grade.
When a basement is used for storage, parking, or other facilities
for the common use of occupants of the rest of the building, it shall
not be counted as a story in determining building height.
An owner-occupied single-family residence that provides lodging
for overnight accommodations plus breakfast to transient guests for
compensation.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, or other
lines of demarcation. A block may be located in part beyond the boundary
lines of the corporate limits of the City of Fond du Lac.
A group of rooms with or without individual bathroom units,
but without cooking facilities, other than a motel, hotel or bed-and-breakfast
inn, where lodging or meals, or both, for compensation are provided
for at least three persons and up to 10 persons.
[Amended 11-28-2018 by Ord. No. 3680]
A permanent structure used for the storage of watercraft
and associated materials and which is totally enclosed, has a roof
or walls, or any combination of these structural parts. A "wet boathouse"
is a boathouse which extends below the ordinary high-water mark (OHWM).
[Amended 5-27-2020 by Ord. No. 3708]
The use of land, topography, difference in elevation, fences,
berms or landscape planting to screen or partially screen a use or
property from another use or property.
The space remaining on a lot after the minimum setback, open
space, easements and other site constraint requirements of this chapter
have been satisfied.
A structure having a roof which may provide shelter, support,
enclosure, or protection of persons, animals or property of any kind
and which is permanently affixed to the land. When any portion thereof
is completely separated from every other portion by masonry or fire
wall without any window, which wall extends from the ground to the
roof, then such portion shall be deemed to be a separate building.
A subordinate building or portion of a main building, the
use of which is incidental to the principal building, and which is
located on the same lot as the main building.
A building surrounded by open space on the same lot.
The vertical distance from finished grade to the highest
point of the roof.
A nonaccessory building in which the principal use permitted
on the lot is conducted; the main building or structure on a single
lot or parcel of land, and includes any attached garage or porch.
[Amended 6-25-2014 by Ord. No. 3552]
The term used to indicate the size and setback of buildings
or structures and the location of the same with respect to one another,
and includes the following:
Size and height of buildings;
Location of exterior walls in relation to lot lines, streets
or to other buildings;
Gross floor area of buildings in relation to lot area (floor
area ratio);
Open space allocated to buildings;
Lot area and lot width; and
Amount of lot area provided per dwelling unit.
Any occupation, employment or enterprise wherein merchandise
is exhibited or sold, or where services are offered for compensation.
A roofed structure enclosed on two or fewer sides, used for
the parking of passenger vehicles owned and used by the occupants
of the dwelling to which it is accessory.
[Added 11-28-2018 by Ord.
No. 3680]
A roofed structure extending from the front entrance of a
building over an adjacent driveway and sheltering those getting in
or out of vehicles; structure shall be open on all sides and integrated
into the design of a building; architectural materials shall match
the principal building.
[Added 1-27-2021 by Ord. No. 3730]
A building or portion thereof in which one or more physicians,
dentists, and allied professionals are associated for the examination
and treatment of persons on an outpatient basis.
A nonprofit association of persons who are bona fide members
and whose facilities are restricted to members and their guests. Food
and alcohol beverages may be served on its premises, provided they
are secondary and incidental to the principal use.
The provision of multiple antennas of more than one commercial
wireless communication service provider or government entity on a
single tower or structure.
The following facilities licensed or operated or permitted
under authority of the Wisconsin Statutes: child welfare agencies,
group foster homes for children, and community-based residential facilities,
but does not include day-care centers, nursing homes, general hospitals,
special hospitals, prisons and jails; a convent or facility owned
or operated by members of a religious order exclusively for the reception
and care or treatment of members of that order; a facility or private
home that provides care, treatment or services only for victims of
domestic abuse; shelter facility; adult family home; or residential
care apartment complex. The establishment of a community living arrangement
shall be in conformance with Wisconsin Statutes and amendments thereto.
A building or group of buildings in which dwelling units,
offices or floor area is owned individually and the structure, common
area(s) and facilities are owned by all of the owners on a proportional,
undivided basis.
A building or structure which complies with the regulations
of this chapter or of any amendment thereto governing bulk in the
district in which said building or structure is located.
In actual contact.
A use that provides services for part of a day in a group
setting to adults who need an enriched social or health-supportive
experience, or who may need assistance with activities of daily living,
supervision and/or protection.
An organized, controlled and monitored environment for a
group of dogs to interact and play for a scheduled time period of
less than 24 hours a day.
A use conducted by the resident(s) of a one-family home licensed
by the State of Wisconsin for the care and supervision of at least
four and not more than eight children who are not related to the provider
for less than 24 hours a day.
A use licensed by the State of Wisconsin for the care and
supervision of nine or more children for less than 24 hours a day.
A use that provides facilities for providing a service or
product on the premises to patrons in motor vehicles on the premises.
A building, or portion thereof, used or intended to be used
exclusively for human habitation, including efficiency/studio units,
one-family, two-family and multiple-family residences, and mobile/manufactured/modular
homes, but not including recreational trailers or lodging rooms in
hotels, motels or lodging houses.
A dwelling unit consisting of not more than one habitable
room, an individual bath, kitchen facilities and an independent entrance.
A building containing three or more dwelling units.
A building containing one dwelling unit.
A building containing two dwelling units.
One or more rooms physically arranged for occupancy as independent
housekeeping quarters for one family, with cooking, sleeping and sanitary
facilities provided for the exclusive use of the occupant(s).
A terminal at which electric energy is received from the
transmission system and is delivered to the distribution system only.
A terminal at which electric energy is received from the
transmission system and is delivered to other elements of the transmission
system and, generally, to the local distribution system.
A place of business carrying on operations which are physically
separate and distinct from any other place of business located on
the same lot.
Federal Aviation Administration.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. In determining the functional equivalent of a traditional
family, the following criteria shall be present:
The group shares the entire dwelling unit;
The group lives together as a single housekeeping unit;
The group shares expenses for food, rent, utilities or other
household expenses;
The group is permanent and stable and not transient or temporary
in nature; and
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
Federal Communications Commission.
A structure providing enclosure or confinement or serving
as a barrier, but not protecting against the elements (as distinguished
from "building").
A fence, including gates, which has, for each one-foot-wide
segment extending over the entire length and height of the fence,
50% of the surface area in open spaces which afford a direct view
through the fence.
A fence, including gates, constructed to screen an activity
or land use.
The sum of the gross horizontal area of all floors of a building
and accessory buildings and structures, including patios, porches,
decks and steps eight inches or more above grade, and excluding basement
areas devoted exclusively to uses accessory to the operation of the
entire building. All horizontal dimensions shall be taken from the
exterior of the walls. An awning, trellis or other open overhead structure
shall not be included in floor area calculations.
The numerical value obtained by dividing the floor area within
a building(s) on a lot by the area of such lot. The floor area ratio
as designated for appropriate districts, when multiplied by the lot
area in square feet, shall determine the maximum permissible floor
area for the building or buildings on the lot in such district.
A building or area in which freight brought by motor truck
or railroad freight cars is assembled or stored for routing in intrastate
or interstate shipment by motor trucks or railroad freight cars.
A detached or attached accessory building or a portion of
the principal building designed and used for the storage and/or parking
of passenger vehicles owned and used by the occupants of the dwelling
to which it is accessory.
A structure used for the outdoor enjoyment of a property
that is accessory to the principal use.
The vertical location of the existing ground surface prior
to excavation or filling.
The ground elevation of the finished surface adjoining the
exterior walls of a building after construction.
A commercial establishment where domestic animals are bathed
and groomed, excluding daytime and/or overnight boarding or care.
The ratio between total number of dwelling units on a lot
and total lot area in acres, the area to include all the land within
the lot boundaries, including any private roads, recreation areas
and drainageways.
A business activity conducted within a residence that is
conducted by the person(s) who resides in the dwelling and is clearly
subordinate to the residential use of the building and property and
which is not detrimental to the residential character of the lot on
which said home occupation is conducted or of the surrounding neighborhood
A use offering lodging accommodations, in individual rooms
or suites, for occupancy by transient guests and which may include
accessory services such as meeting rooms, dining facilities and personal
fitness and recreation facilities.
[Amended 11-28-2018 by Ord. No. 3680]
A nonprofit, religious, or public use, such as a religious
building, library, public or private school, hospital, or government-owned
or -operated building, structure, or land use for public purpose.
A facility or area for storage, collection, processing, purchase,
sale, salvage, shredding, baling, or compressing of discarded material
or equipment and machinery, including, but not limited to, scrap metal,
textiles, rubber tires, plastic, paper, glass, lumber and products
resulting from wrecking or salvage of vehicles.
Any premises, or portion thereof, where dogs, cats and other
household pets are maintained, boarded, bred, or cared for, or are
kept for the purpose of sale.
A tract of land, designated by metes and bounds, land survey,
minor land division or plat, to be used, developed, or built upon
as a unit, under single ownership or control.
The area of a horizontal plane bounded by lot lines.
A lot abutting two or more streets at their intersection.
The part or percent of the lot occupied by buildings or structures,
including accessory buildings or structures, and patios, porches,
decks and steps eight inches or more above grade.
The average distance between the front lot line and the rear
lot line.
A lot that is not a corner lot.
The boundary of a lot which abuts a dedicated public street
or private street. Where a lot abuts two or more dedicated public
streets or private streets, all lot lines facing a street shall be
considered a front lot line. In the case of a land-locked lot, the
front lot line shall be that lot line that faces the access to the
lot.
A lot line which does not abut a street.
That boundary of a lot which is opposite or most nearly parallel
to the front lot line. In the case of an irregular or triangular shaped
lot, the rear lot line is a line 10 feet in length within the lot
lines, parallel to and at the maximum distance from the front lot
line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
A lot that exists as shown or described on a plat or deed
in the records of the office of the Register of Deeds of Fond du Lac
County, Wisconsin, prior to the effective date of this chapter.
A lot having a frontage on two more or less parallel streets
and which is not a corner lot. Both street lines shall be deemed front
lot lines.
The distance between the side lot lines of a lot measured
along the front yard setback line.
That portion of a building or structure which is parallel
or nearly parallel to the abutting street. For buildings which front
on two or more streets the main building facade shall contain the
main entrance to such building.
A factory-built single-family structure that meets the Federal
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401) which, when placed on a site, is set on an enclosed
foundation, is installed in accordance with the manufacturer's instructions,
and is properly connected to utilities.
A use engaged in the fabricating, processing, assembly, repair,
production, finishing, altering, cleaning, servicing or testing of
materials, goods, or products.
A roof-like structure of a permanent nature which projects
from the wall of a building.
A structure fabricated in a manufacturing facility designed
to be towed or transported and used as a residential dwelling, not
including a unit used primarily for camping, touring or recreational
purposes.
A site under one ownership or management upon which three
or more mobile homes or manufactured homes with or without required
improvements are placed for nontransient use.
Has the meaning given in 47 U.S.C. § 153(33).
[Added 6-25-2014 by Ord. No. 3552]
ANTENNACommunications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
CLASS 1 CO-LOCATIONThe placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
CLASS 2 CO-LOCATIONThe placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
CO-LOCATIONClass 1 or Class 2 co-location, or both.
DISTRIBUTED ANTENNA SYSTEMA network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
EQUIPMENT COMPOUNDAn area surrounding or adjacent to the base of an existing support structure within which are located mobile service facilities.
EXISTING STRUCTUREA support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the City.
FALL ZONEThe area over which a mobile support structure is designed to collapse.
HEIGHTThe distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas and protection devices (e.g., lightning rods).
MOBILE SERVICE FACILITYThe set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
MOBILE SERVICE PROVIDERA person who provides mobile service.
MOBILE SERVICE SUPPORT STRUCTUREA freestanding structure that is designed to support a mobile service facility.
SEARCH RINGA shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors to include topography and the demographics of the service area.
SUBSTANTIAL MODIFICATIONThe modification of any mobile service support structure, including the mounting of an antenna on such a structure that does any of the following:
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
co-location.
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
SUPPORT STRUCTUREAn existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
A structure or component thereof which is intended for use
as a dwelling and is of closed construction and fabricated or assembled
on site or off site in manufacturing facilities for installation,
connection, or assembly and installation at the building site, or
is a building of open construction which is made or assembled in manufacturing
facilities away from the building site for installation, connection,
assembly and installation on the building site and for which certification
is sought by the manufacturer. "Modular home" does not mean any manufactured
home under § 101.91, Wis. Stats.
Any lot lawfully established prior to the adoption, revision
or amendment of this chapter which does not comply with all the present
regulations of this chapter for the district in which such building
or lot is located.
A dwelling or other building that existed lawfully prior
to the adoption, revision or amendment of this chapter which does
not conform to one or more of the development regulations of this
chapter. "Development regulations" means the part of this chapter
that applies to elements, including setback, height, and lot coverage.
[Amended 5-14-2014 by Ord. No. 3546]
A use or activity established prior to the adoption, revision
or amendment of this chapter and which does not comply with the permitted
use provisions of this chapter as they apply to the district in which
such use is located.
Operations or activities for the extraction from the earth
of mineral aggregates or nonmetallic minerals for sale or use by the
operator, including stone, sand, gravel and similar materials, and
exclusive of the process of excavation and grading in preparation
for the construction of a building, highway, railroad, airport or
transportation facility, ponds and dredging.
A long-term care facility licensed or approved to provide
health care under medical supervision to three or more persons, not
members of the governing authority of the facility or its members
by marriage, blood or adoption, but not including hospitals, clinics,
or similar institutions devoted primarily to the diagnosis and treatment
of disease, injury, or mental illness.
Land used or occupied for the purpose of buying, selling,
or renting merchandise stored or displayed out-of-doors prior to sale.
Such merchandise includes automobiles, trucks, motor scooters, motorcycles,
boats or similar commodities.
An area, enclosed in a building or unenclosed, reserved for
the off-street parking of one motor vehicle and which is accessible
to and from a street or alley.
A business, owned by a licensee, that makes payday loans.
[Added 6-25-2014 by Ord. No. 3552]
Has the meaning given in § 138.14(1)(k), Wis. Stats.
[Added 6-25-2014 by Ord. No. 3552]
A use which caters to customer needs and which may include
the incidental sale of products. Personal services include dry cleaning,
laundromat, barbershop, beauty salon, nail salon, tanning salon, massage,
pet grooming, tattoo or body piercing, and similar service businesses,
but not including adult-oriented establishments.
Any establishment, operated separately or in connection with
another business enterprise, except a licensed kennel, which buys,
sells, or boards any species of animal.
A tract of land in single ownership or controlled by a partnership,
corporation or cooperative group which is developed as a unit for
residential purposes, or with a mix of residential and nonresidential
buildings, with all required roadways, parking and loading areas,
accessory buildings, open spaces and other site amenities.
See "building, principal."
A strip of land containing railroad tracks and customary
auxiliary facilities for train operations.
Towed or hauled vehicles for leisure use, such as boats,
snowmobiles, cargo trailers not more than eight feet in length, watercraft,
and similar vehicles and equipment, except fishing shanties.
A self-propelled motorized, towed or hauled vehicle with
sleeping facilities and primarily designed as a temporary living accommodation
for recreational, camping and travel use, such as a travel trailer,
truck camper, tent trailer, or motor home.
Land and buildings used for the sorting and reshipment of
solid waste.
A temporary place of lodging for homeless individuals or
families.
[Added 5-14-2014 by Ord. No. 3546]
A group of retail and service establishments planned, constructed
and managed as a total entity and occupying 15 acres of land or greater.
Has the meaning given in § 59.692(1)(b), Wis. Stats.
[Added 6-25-2014 by Ord. No. 3552]
Has the meaning given in § 59.692(1)(bn), Wis.
Stats.
[Added 6-25-2014 by Ord. No. 3552]
Any object, device, display or structure, or part thereof,
that is used to advertise, identify, display or direct or attract
attention to an object, person, institution, organization, business,
product, service, event or location by any means, including words,
letters, figures, design, symbols, fixtures, color, illumination or
projected images. National or state flags, window displays (not including
window signs), graffiti, athletic scoreboards or the official announcements
or signs of government are not considered signs as defined by this
chapter. For the purpose of removal, signs shall also include all
sign structures as well as the sign face or cabinet.
[Amended 7-22-2015 by Ord. No. 3586]
A sign or part of a sign that changes physical position or
light intensity by any movement or rotation to show action or to create
a special effect or scene.
A sign of lightweight fabric, paper, plastic or similar material
that contains characters, letters, illustrations or ornamentation
mounted with or without a frame to a nonpermanent pole or building,
excluding ornamental streetscape pennant-type signs attached to public
or private light poles that define a recognized neighborhood or district.
[Amended 7-22-2015 by Ord. No. 3586]
A permanent sign whose informational content can be manually
or electronically changed or altered to display messages and advertising
that pertain to on-site products or services of a business or use
or public service and community event information and/or denote time,
day, date and temperature. Includes electronic message center.
Any fabric, plastic or similar material which may or may
not contain distinctive colors, patterns or symbols used as a symbol
or emblem of any corporation, business, national, organization of
nations, state, city, or religious, fraternal, educational or civic
organization, and which is displayed for either commercial or noncommercial
purposes, excluding wave banners.
[Added 7-22-2015 by Ord.
No. 3586]
An illuminated sign where the direct or indirect illumination
is not maintained constant or stationary in intensity or color at
all times when such sign is in use. This does not include changeable
message signs.
Any sign supported by a freestanding frame or structure,
a pedestal structure or one or more masts or poles placed on or anchored
in the ground and independent from any building or other structure.
Includes pole signs and monument signs.
The vertical distance measured from the normal grade to the
highest point of the sign, inclusive of all ornamental, architectural
or structural elements.
An outdoor sign that utilizes full-motion video technology
managed for a targeted audience on the property for which the sign
serves. Does not include a billboard sign, changeable copy electronic
message center, or scoreboard.
[Added 4-25-2018 by Ord.
No. 3663]
A sign designed to be transported, including, but not limited
to, signs designed to be transported by means of wheels.
A work of art or painting that is applied to and/or made
an integral part of an exterior wall. A mural shall be considered
a sign if it contains words, logos, trademarks or any graphic representation
of a person, product or service that identifies or advertises a business.
Artist signatures shall be allowed and limited to a maximum of two
square feet in size. The decorative embellishment of architectural
elements of a building is not considered a mural.
A wall-mounted or ground sign that directions attention to
a business, commodity, service or entertainment conducted, sold or
offered at a location other than the premises on which the sign is
located. Includes billboard signs.
A one- or two-faced sign attached to a structure or building
perpendicular to the wall and extending more than 12 inches; a blade
sign.
A sign mounted on the roof of a building and/or projecting
above the top edge or roofline of a building with a flat roof, the
eave line of a building with a gambrel, gable or hip roof, or the
deckline of a building with a mansard roof.
A hinged or unhinged A-frame sign that is temporary in nature
and used to promote goods, services or events provided by the business
occupying the site for which the sign serves.
Any structure or material that supports, has supported, or
is capable of supporting or helping maintain a sign in a stationary
position, including decorative covers, roofs or embellishments extending
above the sign.
A nonpermanent sign or advertising device intended to be
displayed for a fixed period of time. Temporary signs and advertising
devices include portable message centers, freestanding and/or wall
mounted banners, wave banners, streamers, pennants, balloons, inflatable
and three-dimensional devices, and similar items.
[Amended 7-22-2015 by Ord. No. 3586]
A single-faced sign attached parallel to and within 12 inches
of the outside wall of a building.
A self-supported wing, feather, blade, cone, teardrop, rectangular
or similarly shaped flag, with or without a commercial message, mounted
on a flexible pole.
[Added 7-22-2015 by Ord.
No. 3586]
A permanent or temporary sign placed inside a window for
the purpose of viewing from outside the premises. A window sign does
not supersede the transparent purpose of the window.
Land outside any building or roofed area used for the keeping
of goods, supplies, raw material, finished products, or vehicles,
trailers and similar equipment associated with the land use.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. The floor of a story may have split levels, provided
that there is not more than five feet difference in elevation between
the different levels of the floor. A mezzanine floor shall be counted
as a story when it covers over 1/3 the area of the floor next below
it or if the vertical distance from the floor next below it to the
floor next above it is 24 feet or more.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than three feet above the floor of such story. A half story that provides
independent apartment or living quarters shall be counted as a full
story.
A dedicated right-of-way affording primary access by pedestrians
or vehicles to abutting property. An alley or driveway shall not be
considered a street.
See "alteration."
Anything constructed or erected, the use of which requires
more or less permanent location on, above or below the ground or attached
to something having a permanent location on the ground.
Any place in which liquor and fermented malt beverages are
sold for consumption upon said premises, but not including restaurants
where the principal business is the serving of food.[1]
A compact, mixed-use neighborhood where residential, commercial
and civic buildings are within close proximity which:
Provides a mix of housing styles, types and sizes;
Incorporates a system of relatively narrow, interconnected streets,
providing for connections to existing and future developments;
Retains existing buildings with historical or architectural
features that enhance the visual character of the community;
Incorporates significant environmental features into the design;
and
Is consistent with the Fond du Lac Comprehensive Plan.
Any vehicle or portable structure used on a temporary basis
in the conduct of business, trade, or occupation and which may be
used as a conveyance on streets and highways, by its own or other
motive power.
A towed or hauled vehicle designed and used for the transport
of equipment, machinery, vehicles, materials, goods and objects.
A towed or hauled vehicle with sleeping facilities and primarily
designed as temporary living accommodation for recreational use. Includes
travel trailer and tent trailer.
Space suitable for recreation, gardens, or household service
activities, such as clothes drying. Such space must be at least 75%
open to the sky, free of automobile traffic, parking, and undue hazards,
and readily accessible by all those for whom it is intended.
The purpose or activity for which the land, or building thereon,
is designed, arranged, or intended, or for which it is occupied or
maintained, and including any manner of performance of such activity
with respect to the development and use standards of the City of Fond
du Lac.
See "accessory use."
The use of any building or land that conforms to all of the
regulations of this chapter or any amendment hereto and which conforms
to all of the codes, ordinances, and other legal requirements, as
existing at the time of the enactment of this chapter or any amendment
thereto, for the building or land that is being examined.
A use that conforms to the purposes, objectives, requirements,
regulations, and applicable performance standards of a particular
district.
The primary or predominant use of land or buildings.
A use which, because of its unique characteristics, cannot
be properly classified in a particular district or districts without
consideration in each case of the impact of such use upon neighboring
land.
A use or activity conducted on an intermittent basis not
intended to become permanent.
A public service for the provision of energy such as electricity,
natural gas or heating oil. "Utility" shall include high-voltage or
high-capacity transmission lines, whether above or below grade, substations
and distribution lines, whether above or below grade.
A modification or variance of the provisions of this chapter
where it is determined that, by reason of special and unusual circumstances
relating to a specific lot, strict application of this chapter would
cause an undue hardship.
A modification to a dimensional, physical, or locational
requirement, such as a setback, frontage, height, bulk, or density
restriction for a structure.
[Added 3-28-2018 by Ord.
No. 3661]
The use of land for a purpose that is otherwise not allowed
or is prohibited by this chapter.
[Added 3-28-2018 by Ord.
No. 3661]
An enclosed building, or portion thereof, designed and used
for the care, observation or treatment of domestic animals by or under
the supervision of a licensed veterinarian. Animal training, grooming,
medical boarding, and day care may be allowed as subordinate activities
of the land use.
The triangular approach zones at street intersections intended
to allow visibility of approaching traffic, pedestrians and bicycles.
The clearance triangle shall be determined by measuring 80 feet along
the center lines of intersecting streets from the point of intersection
of the same and connecting these points with a line, thus defining
a triangular area including right-of-way and property adjacent thereto.
The placement or maintenance of any structure, vehicle, sign, landscape
plantings, landscape elements, natural growth or other obstruction
of view within the vision clearance triangle between four feet and
eight feet above the grade of the intersection of street center lines
adjacent thereto shall be prohibited. Allowable installations within
the vision clearance area include utility and streetlight poles when
no safer alternative location is available; trees, saplings or plant
species with growth habits which develop no significant foliage which
will obstruct view in the four- to eight-foot clearance area; official
signs and signals; and on-street parking when traffic controls exist
which permit decreased sight lines.
An area where water is at, near or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
A landscape feature where hydrophytic vegetation may be present
as a result of human modifications to the landscape or hydrology and
for which there is no prior wetland or stream history.
An open space that lies between a building or structure and
the nearest lot line.
A space extending across the entire width of a lot between
any building and the lot line that abuts a public right-of-way. The
front yard shall be determined by the primary mailing address of the
lot. Every lot has a front yard. Lots with multiple addresses may
have more than one front yard.
[Amended 8-26-2020 by Ord. No. 3721]
A space extending across the entire width of the lot between
any building and the rear lot line. A corner lot will have a rear
yard and one side yard; the designation of rear yard area shall be
at the discretion of the property owner, contingent on compliance
with the required side yard setback of the zoning district in which
the property is located. A through lot will not have a rear yard.
A space extending from the front yard to the rear yard between
any building and the side lot line. A corner lot will have one side
yard and a rear yard; the designation of the side yard area shall
be at the discretion of the property owner, contingent on compliance
with the required rear yard setback of the zoning district in which
the property is located. A through lot will have two side yards.
A space extending from the front yard to the rear yard of
the public right-of-way and the required building setback. A street
yard does not exist adjacent to an alley.
[Added 8-26-2020 by Ord.
No. 3721]
The districts into which the City of Fond du Lac, Wisconsin,
has been divided for zoning regulations as set forth on the Zoning
Map.
That zoning classification attached to a given area of land
which establishes requirements in addition to or in place of those
set forth in the underlying zoning district.
[1]
Editor's Note: The definition of "telecommunications tower,"
which immediately followed this definition, was repealed 6-25-2014
by Ord. No. 3552. See now the definition of "mobile service, communication."
