[Amended 6-25-2014 by Ord. No. 3552]
The general intent of this article is to set forth land uses
or activities which are permitted in areas which are environmentally
sensitive, are of environmental concern, or are rural in character.
This article also sets forth uses which are allowed with special conditions
and land uses which must receive a special use permit.
The intent of the Shoreland-Wetland District is to prevent and
control water pollution; protect spawning grounds, fish and aquatic
life; control building sites, the placement of structures and land
uses; and to preserve shore cover and the natural beauty adjacent
to lakes, rivers and streams and other water bodies. All wetlands
and portions of wetlands, regardless of size, which are designated
as wetlands on the Wetland Inventory Maps and within the jurisdiction
of this chapter shall be regulated. Wetlands of less than five acres,
identified with a point symbol on the Wetland Inventory Maps, shall
not be regulated under this section unless specific boundaries are
approved for such areas and such boundaries are added to the Wetland
Inventory Maps. The Shoreland-Wetland District is meant to comply
with §§ 62.231 and 281.31, Wis. Stats. The final Wetlands
Inventory Map, dated September 18, 1986, is made part of this chapter.
The intent of the Shoreland Overlay District is to limit certain
land use activities detrimental to shorelands, and to preserve shore
cover and natural beauty by controlling the location of structures
in shoreland areas and restricting the removal of natural shoreland
vegetation. The Shoreland Overlay District regulations shall apply
to a shoreland that was annexed by the City of Fond du Lac after May
7, 1982, and that prior to annexation was subject to Fond du Lac County
shoreland zoning provisions under § 59.692, Wis. Stats.
A.
General requirements.
(1)
The Shoreland Overlay District shall affect lands (referred to herein
as "shorelands") in the City of Fond du Lac that are:
(2)
Pursuant to § 62.233, Wis. Stats., the Shoreland Overlay
District does not include land 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.
(3)
The minimum shoreland setback area shall be at least 50 feet from
the ordinary high-water mark of an adjacent body of water to the nearest
part of a building or structure, except piers, boat hoists and boathouses.
The construction or placement of a principal building within the shoreland
setback area may be permitted if all of the following apply:
(a)
The principal building is constructed or placed on a lot or
parcel of land that is immediately adjacent on each side to a lot
or parcel of land containing a principal building; and
(b)
The principal building is constructed or placed within a distance
equal to the average setback of the principal building on the adjacent
lots or 35 feet from the ordinary high-water mark, whichever distance
is greater.
B.
Vegetative buffer zone.
(1)
A person who is required to maintain or establish a vegetative buffer
zone may remove all of the vegetation in a part of that zone in order
to establish a viewing or access corridor that is no greater than
30 feet for every 100 feet of shoreline frontage and extends no more
than 35 feet inland from the ordinary high-water mark.
(2)
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 and extending 35 feet inland from the ordinary
high-water mark of the navigable water. If the vegetation in a vegetative
buffer zone contains invasive species or dead, diseased or dying vegetation,
the owner of the shoreland property may remove the vegetation; except
that if the owner removes all of the vegetation, the owner shall establish
a vegetative buffer zone with new vegetation.
The intent of the Agricultural District is to preserve productive
agricultural land for food and fiber production, preserve productive
farms by preventing land use conflicts between incompatible uses,
maintain a viable agricultural base to support agricultural processing
and service industries, reduce costs of providing services to scattered
nonfarm uses, pace and shape urban growth, implement the provisions
of the Fond du Lac County Farmland Preservation Plan and comply with
the provisions of the Farmland Preservation Law to permit eligible
landowners to receive tax credits under Ch. 91, Wis. Stats. This district
is also intended to provide for the orderly transition of agricultural
land to other uses in areas planned for eventual urban expansion,
defer urban development until the appropriate local governmental bodies
determine that adequate public services and facilities can be provided
at a reasonable cost, and to ensure that urban development is compatible
with local land use plans and policies. The agricultural transition
zoning classification is meant to comply with the provisions of the
Farmland Preservation Law as set forth in § 91.14, Wis.
Stats.
The intent of the East Branch Overlay District is to protect
water quality and mitigate potential development impacts along the
East Branch of the Fond du Lac River extending from the route of the
Highway 151 bypass upstream to the corporate limits of Fond du Lac.
The East Branch Overlay District shall include the area within 300
feet of the high-water mark of the river or to the landward side of
the floodplain, whichever is greater.
A.
A one-hundred-foot conservancy strip shall be required for any development
extending from the ordinary high-water mark of the East Branch of
the Fond du Lac River. Land within the conservancy strip shall remain
in a substantially undeveloped state in order to conserve natural
resources and protect and preserve the amenities of the environment.
No cutting or removal of vegetation, grading, filling, ditching or
similar work shall be permitted within the conservancy strip.
B.
When land is platted, the public dedication of a portion of shoreland/floodplain
land areas shall be required for the development of property along
the East Branch of the Fond du Lac River.
C.
Minimum lot width requirement: 150 feet.
D.
Minimum lot depth requirement: 300 feet.
E.
Minimum lot area: 45,000 square feet.
F.
Minimum building setback: 150 feet. The building setback shall be
measured from the ordinary high-water mark of the East Branch of the
Fond du Lac River.
G.
The development of public and/or private lands shall be subject to
on-site stormwater detention and runoff control where:
(1)
The land development activity exceeds a gross aggregate area of three
acres or more;
(2)
The land development activity will be a development having a gross
aggregate area of at least one acre but less than three acres, having
50% or more of the area as impervious surfaces, including roads, buildings,
parking facilities and other improvements; or
(3)
In the opinion of the City Engineer or designee, the runoff from
the development will exceed the safe capacity of the existing drainage
facilities, or cause undue ditch erosion, or increase water pollution
by scour and transport of particles, or endanger downstream properties,
or drain surface or storm water onto adjoining properties.
H.
Reduction of the post-development runoff peaks will generally be
done by maintaining large amounts of vegetation by various types of
detention storage. Detention storage, when used, shall be designed
by these criteria:
(1)
Design the outflow structure so that the post-development peak flow
rates for the two-year and one-hundred-year storm do not exceed the
predevelopment peak flows for the two-year and one-hundred-year storms.
If the rounded two-year predevelopment peak flow equals zero, calculate
the flow from the unit peak discharge in the TR-55 output table (Q
= UPD x DA x inches of runoff).
(2)
Peak rates of flow, runoff volumes, and detention basin designs shall
be done using the United States Department of Agriculture, Natural
Resources Conservation Service, Technical Release No. 55, Urban Hydrology
of Small Watersheds, commonly known as "TR-55."
I.
The rainfall duration shall be 24 hours.
|
Frequency
(years)
|
Rainfall Amount
(inches)
| |
|---|---|---|
|
2
|
2.6
| |
|
5
|
3.4
| |
|
10
|
3.9
| |
|
25
|
4.5
| |
|
50
|
5.0
| |
|
100
|
5.6
| |
|
500
|
6.5
|
J.
Where on-site detention is used for runoff control, the detention
facility shall safely detain the runoff volume of the peak discharge
as outlined in this section from a one-hundred-year post-development
storm. Runoff in excess of the one-hundred-year development condition
event must be safely passed. If any portion of the detention area
is going to be used for occasional storage of materials or parking,
the detention volume must be increased by 10%. Use of a detention
area for recurrent storage shall be prohibited.
The intent of the Wellhead Protection Overlay District is to
protect the municipal water supply and well fields and to promote
the public health, safety and general welfare of the residents of
the City. The regulations of this district are based on the City of
Fond du Lac Wellhead Protection Plan and shall apply in addition to
all other regulations of any zoning district designated in the area.
Whenever the regulations in the WHP-O and the underlaying zoning regulations
conflict, the more restrictive regulation(s) shall apply.
A.
AQUIFER
CONE OF DEPRESSION
FIVE-YEAR TIME OF TRAVEL
MUNICIPAL WATER SUPPLY
RECHARGE AREA
THIRTY-DAY TIME OF TRAVEL
WELL FIELD
ZONE OF SATURATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A saturated, permeable geologic formation that contains,
and will yield, significant quantities of water.
The area around a well in which the water level has been
lowered at least 1/10 of a foot by pumping of the well.
The recharge area upgradient of the cone of depression from
the outer boundary of which it is determined or estimated that groundwater
will take five years to reach a pumping well.
The municipal water supply of the City of Fond du Lac.
The area which encompasses all areas or features that, by
surface infiltration of water that reaches the zone of saturation
of an aquifer, supply groundwater to a well.
The recharge area upgradient of a well, or its cone of depression,
from the outer boundary of which is determined or estimated that groundwater
will take 30 days to reach a pumping well.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
The area of unconsolidated, fractured or porous material
that is saturated with water and constitutes groundwater.
B.
Boundaries. The Wellhead Protection Overlay District shall encompass
a circular area having the municipal well as its center and extending
outward in a twelve-hundred-foot radius therefrom. Minimum separation
distances from potential contamination sources, as specified in NR
811.12(5)(d), Wis. Adm. Code, shall be maintained.
[Amended 12-10-2014 by Ord. No. 3568]
D.
Permitted uses. Any land use or activity allowed as permitted in
the principal zoning district, except those uses listed as special
uses by this section, is permitted.
E.
Special uses. If allowed in the principal zoning district as a permitted
land use or activity, or as a special land use or activity, the following
uses may be permitted upon authorization of the Plan Commission:
[Amended 11-28-2018 by Ord. No. 3680]
|
Asphalt products manufacture
| |
|
Automotive service station
| |
|
Bus, truck/motor freight terminal
| |
|
Fertilizer and/or pesticide facility (storage, mixing, loading)
| |
|
Cemetery
| |
|
Chemical processing and manufacture
| |
|
Chemical storage tanks
| |
|
Dry-cleaning establishment
| |
|
Electroplating
| |
|
Exterminating service (storage, mixing, loading)
| |
|
Hazardous and/or toxic waste facilities
| |
|
Industrial pipeline
| |
|
Landfill or waste disposal facility
| |
|
Paint and coating manufacture
| |
|
Petroleum storage tanks
| |
|
Salvage/recycling yards and facilities
|
F.
Land use review. The Community Development Department shall review
any new land use, and the expansion, modification or replacement of
an existing land use, in the Wellhead Protection Overlay District.
A determination of suitability shall ensure that the use/activity
is consistent with this section and that the proposed use/activity
will not be a threat to groundwater contamination.
(1)
Where a decision of the Community Development Department is not agreeable
to the applicant, the applicant may request, in writing, that the
Plan Commission review the proposed land use, activity and/or plans.
Said written request shall describe the applicant's reason for the
request. The Community Development Department shall submit, in writing,
its justification and the reasons for not granting approval of the
land use, activity, and/or plans. The Plan Commission shall then review
the decision and make a determination of suitability.
(2)
Land use review shall be based on the City of Fond du Lac Wellhead
Protection Plan and on the presence, use, or storage on the property
of hazardous chemicals. Consideration will be given to factors including
but not limited to whether the property is in Zone A or Zone B, effective
storage or containment of particular hazardous chemicals, and the
magnitude and/or frequency of use of the hazardous chemicals. A land
use review shall consider:
(a)
The City's responsibility, as a public water supplier, to protect
and preserve the health, safety and welfare of its citizens.
(b)
The degree to which the proposed land use practice, activity
or facility may seriously threaten or degrade groundwater in the City
of Fond du Lac or the City's recharge area.
(c)
The economic hardship which may be faced by the landowner if
the land use/activity is denied.
(d)
The availability of options to the applicant, and the cost,
effect and extent of availability of such alternative options.
(e)
The proximity of the applicant's property to other potential
sources of contamination.
(f)
The existing condition of the City's groundwater public water
wells and well fields and the vulnerability to further contamination.
(g)
The direction of flow of groundwater and other factors in the
area of the applicant's property which may affect the speed of the
groundwater flow, including topography, depth of soil, extent of aquifer,
depth to water table and location of private wells.
(h)
The potential benefit, both economic and social, from the approval
of the applicant's request for a permit.
A.
One-family detached dwelling. Residential dwellings in agricultural
districts must have been constructed prior to the effective date of
the adoption of this chapter, except where clearly accessory to or
associated with agricultural uses. Residential one-family detached
dwellings shall be considered accessory to agricultural uses, provided
such dwellings are occupied by a person or a family at least one of
whom earns a substantial part of his or her livelihood from farming
operations on the farm parcel or parents or children of the farm operator.
Residential dwellings are not permitted within wetland areas.
B.
Open space and conservation uses. The establishment and development
of public and private parks and recreation areas, boat access sites,
natural and outdoor education areas, historic and scientific areas,
wildlife refuges, game preserves and private wildlife habitat areas
shall be permitted, provided that no filling is done and that any
private wildlife habitat area is used exclusively for that purpose.
Ditching, excavating, dredging, and dike and dam construction shall
be allowed in wildlife refuges, game preserves and private wildlife
habitat areas for the purpose of improving wildlife habitat or to
otherwise enhance wetland values.
C.
Public utility transmission and distribution lines. The construction
and maintenance of electric, gas, telephone, water and sewer transmission
and distribution lines, and related facilities, are permitted in a
Shoreland-Wetland District by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light,
power or water to their members, which cannot as a practical matter
be located outside the wetland, provided that any filling, excavating,
ditching or draining necessary for such construction or maintenance
is done in a manner designed to minimize flooding and other adverse
impacts upon the natural functions of the wetland.
A.
For all
proposed amendments, variances, appeals and special exceptions to
the Shoreland Overlay District, the appropriate area office of the
Department of Natural Resources shall be provided with the following:
(1)
A
copy of each petition for a text or map amendment to the Shoreland
Overlay District within five days of the filing of such petition with
the City Clerk;
(2)
Written
notice of the public hearing to be held on a proposed amendment, variance,
appeal or special exception at least 10 days prior to such hearing;
(3)
A
copy of the Community Development Department's findings and recommendations
on each proposed amendment, variance, appeal or special exception
within 10 days after the submission of those findings and recommendations
to the Board of Appeals and/or Plan Commission; and
(4)
Written
notice of the Board of Appeals' and/or City Council's decision on
the proposed amendment, variance, appeal or special exception within
10 days after it is issued.
B.
A wetland,
or a portion thereof, in the Shoreland Overlay District shall not
be rezoned if the proposed rezoning may result in a significant adverse
impact upon any of the following:
(1)
Stormwater
and floodwater storage capacity;
(2)
Maintenance
of dry season stream flow, the discharge of groundwater to a wetland,
the recharge of groundwater from a wetland to another area, or the
flow of groundwater through a wetland;
(3)
Filtering
or storage of sediments, nutrients, heavy metals or organic compounds
that would otherwise drain into navigable waters;
(4)
Shoreland
protection against soil erosion;
(5)
Fish
spawning, breeding, nursery or feeding grounds;
(6)
Wildlife
habitat; or
(7)
Areas
of special recreational, scenic or scientific interest, including
scarce wetland types.
C.
If the
Department of Natural Resources notifies the Community Development
Department that a proposed amendment to the Shoreland Overlay District
may have a significant adverse impact upon any of the criteria listed
above, that amendment, if approved by the City Council, shall contain
the following provision: "This amendment shall not take effect until
more than 30 days have elapsed after written notice of the City Council's
approval of this amendment is mailed to the Department of Natural
Resources. During that thirty-day period the Department of Natural
Resources may notify the City Council that it will adopt a superseding
shoreland ordinance for the City under § 62.231(6), Wis.
Stats. If the Department does so notify the City Council, the effect
of this amendment shall be stayed until the adoption procedure under
§ 62.231(6) is completed or otherwise terminated."
