The general intent of this article is to set forth land uses or activities which are permitted in business and commercial areas in the City of Fond du Lac, to specify the zoning district in which each use or activity will be permitted, with or without special conditions, or after a special permit has been granted, and to establish bulk regulations for lots within each district.
The intent of this district is to set forth those land uses and activities which are permitted to provide a wide range of shopping, personal service, entertainment and cultural facilities of City-wide and regional significance, located primarily within the core of Fond du Lac's downtown area.
The intent of this district is to set forth those land uses and activities which are permitted to provide for a variety of business and service needs of the City and surrounding region.
[Added 3-23-2022 by Ord. No. 3750]
The intent of this district is to set forth those land uses and activities which are permitted in areas with activity centers with retail, restaurant, service, institutional and civic uses primarily serving nearby residents. Residential is a component of this district, both in mixed-use developments and as standalone multiunit residential developments.
The intent of this district is to establish design standards to foster a strong viable downtown as a commercial, civic, residential and cultural center. The Downtown Design Overlay District affects properties in the C-1 District plus property located in the South Main Historic District, the boundaries of which may be amended from time to time. The district is designed to forward aesthetic and economic objectives of the City by controlling the site design and appearance of development consistent with urban design and economic revitalization principles; implement the recommendations of the Comprehensive Plan and the Downtown Fond du Lac Partnership Design Guidelines to preserve and restore unique and historic buildings; ensure the coordinated design of new buildings and changes to existing buildings; minimize adverse impacts on adjacent properties from buildings that may detract from the character and appearance of the district; and aid in improving the overall economic viability of the district.
A. 
Applicability. The standards of the district shall apply to new construction and to the restoration, replacement, expansion or modification of any property (such as painting, roofing, siding, signage, and architectural component substitution). Alteration of an existing building not visible from a public street or alley and/or the interior remodeling of an existing structure shall not cause the exterior of the building to be subject to the architectural design standards. All other projects are subject to the following:
(1) 
Certain minor actions may be approved by the Community Development Department, such as the addition or replacement of windows or doors complementary to the color and architectural style of the building, and the addition or replacement of awnings and canopies. The Community Development Department may authorize renovation of the exterior appearance of a building to include repainting, reroofing, re-siding or replacing with identical colors and materials previously approved by the Downtown Architectural Review Board, or colors and materials similar and/or complementary to the existing structure. In the event of accidental damage or destruction, the Community Development Department may authorize the replacement or reconstruction of a building, structure, sign or awning previously approved by the Downtown Architectural Review Board.
(2) 
Community Development Department staff shall determine if a structure and/or site is of historic significance by examining the list of City-designated sites and districts, and if so, whether requirements of Chapter 374, Historic Preservation, apply. Where a property is a City-designated historic site or structure, the Historic Preservation Commission shall review exterior alterations, additions and signage and, if compatible, approve such proposed changes; review by the Downtown Architectural Board is not required.
B. 
Procedure. An application for project approval shall be submitted to the Community Development Department for review by the Downtown Architectural Review Board. The Building Inspector shall not issue a permit for the modification, expansion or addition to an existing building, for the construction of any new structure, or for the replacement or installation of new signage prior to approval by the Downtown Architectural Review Board. Where an applicant wishes to contest a decision of the Downtown Architectural Review Board, the applicant may submit a written appeal to the Board of Appeals. The Board of Appeals shall consider the regulations of this chapter, the Downtown Fond du Lac Partnership Design Guidelines, and the particular circumstances of a proposed project as it relates to the property and surrounding area, to affirm, modify or deny an appeal of a decision of the Downtown Architectural Review Board.
C. 
Project review submittal requirements.
(1) 
Minor alterations/repair of existing buildings. Minor alterations/repair of existing buildings include painting, roofing, siding, architectural component substitution and signage. Provide:
(a) 
A clear depiction of the existing appearance of the property. Color photographs are recommended, including adjoining and nearby properties.
(b) 
A clear depiction of the proposed appearance of the property. Paint charts and/or color photographs of replacement architectural components are recommended.
(2) 
New construction and major alterations/additions to existing buildings. Major alterations to a property include modification of the physical configuration of a building, structural changes, demolition and the removal of bulk. Provide:
(a) 
A clear depiction of the existing appearance of the property. Color photographs are recommended, including adjoining and nearby properties.
(b) 
Site plan to depict the existing building(s), proposed building addition(s) and/or new building(s).
(c) 
Front and side building elevations drawn to scale.
(d) 
Material samples and/or photographs of siding, brick type, roof shingles, paint chips, doors and windows, ornamentation and other exterior materials.
(e) 
Details of exterior lighting.
D. 
Architectural review standards. To provide criteria for implementation of the Downtown Design Overlay District, the following architectural review principles apply:
(1) 
Context refers to how a structure fits with the surrounding area. New design elements should be compatible with nearby development. A building addition should match or complement the existing structure.
(2) 
Scale is the relative size and mass of structures compared to one another. A small building should not be constructed adjacent to large buildings unless provisions are made to minimize the difference in scale. The visual continuity of roofs and contributing elements (parapet walls, cornices, etc.) should be maintained in building development or redevelopment.
(3) 
Balance and proportion is the relationship of one part of a building to another with the inclination that each part is in harmony with other parts. Building facades, including details, should contain a proportion of height and width. The vertical pattern of exterior building elements should be compatible in design and elevation of existing buildings in the immediate area which conform to the general design theme of Downtown Fond du Lac. The horizontal pattern of exterior building elements formed by patterns of windows and doors should be spaced at regular intervals across all visible facades of the building, and should be compatible with existing buildings in the immediate area which conform to the general design theme of Downtown Fond du Lac.
(4) 
Unity and theme pertains to a consistent style and purpose, especially applicable to a multiple building development. Good unity can be accomplished with the use of the same materials throughout a development. An accessory structure should be compatible with the principal structure in terms of character, roof shape, building material, color and architectural detail.
(5) 
Color and material elements apply to a building exterior that is generally visible to a public street and/or alley.
(a) 
Building color should be nonreflective and relate to existing neighborhood patterns. High-intensity, fluorescent, day glow and/or neon and metallic colors are discouraged; where such colors constitute a component of a standardized corporate theme or identity, muted versions colors should be used.
(b) 
Primary exterior building materials should be similar and/or complementary to existing structures within the immediate area and the downtown area as a whole. Building materials should consider the facades of the structure and an adjoining structure to provide a suitable transition between facades. Where a side and/or rear elevation is not exposed to view from a public street, a combination of primary and secondary materials may be used.
[1] 
Acceptable materials include glass, brick, ceramic tile, terra cotta, cultured stone, cut stone, carved stone, stucco, EIFS, wood, and decorative concrete block. Stone or brick facing shall be of relatively even coloration and consistent size. The use of nondecorative exposed concrete block, pre-engineered metal building systems, and sheet metal is discouraged. The use of plywood or oriented strand board (OSB) or similar materials is prohibited. Metal roofs, decorative metal and metal accent components may be considered. Other building materials may be considered when appropriate to a property and the downtown as a whole.
[2] 
The traditional storefront design theme, characterized by strong horizontal and vertical rhythms formed by building openings, columns, cornices, kick plates, sign bands, large display windows and transom windows, shall be employed for all new nonresidential buildings.
[3] 
Building facades should not be cluttered with brackets, wiring, meter boxes, antennas, gutters, downspouts and other appurtenances. Appurtenances shall be colored to blend with the building exterior. Ornamentation that is inconsistent with the general design theme of the downtown area is prohibited.
[4] 
Clear or slightly tinted glass should be used. Mirror glass, smoked glass or heavily tinted glass is not permitted.
[5] 
When facade changes are made, hidden architectural elements and original materials should be restored or replaced, when practical, to match the architecture of the building.
(6) 
Windows and doors should be similar in size, proportion and alignment based on the architectural style of the building. Original door and window openings and accenting features shall be maintained where practical. First floor windows are required and shall establish visibility and transparency along the street. Replacement windows and doors should, where possible, fit into the original opening, minimizing the amount of blocking and/or filler panels. Replacements should match the existing/original in size, shape and arrangement of panes.
(7) 
Awnings and canopies shall be the same type and style for a single building or property and utilize the same mounting characteristics. Awnings on a single building shall have a consistent horizontal alignment across the front of the entire building, unless the slope of the pedestrian walk or ground requires a horizontal stagger. Awning/canopy size, color and placement should complement the architectural character of the building. Soft, weather-treated canvas or vinyl materials which allow for flexible or fixed installations shall be used. Internal illumination/backlighting are discouraged.
(8) 
Signage. Refer to §§ 720-83 and 720-84.
(9) 
Metering and mechanicals are elements of utility service and mechanical heating, cooling and ventilation systems that are foreign to the architecture (transformers, gas and electric meters, rooftop units, etc.). Utility service boxes, cables, conduits, vents, turbines, flues, chillers and fans, telecommunication devices, and trash/recycling storage receptacles shall be screened from public view by incorporating the following design standards:
(a) 
Locate mechanical equipment and service areas at the rear of the building along an alley facade or on the building rooftop;
(b) 
Screen mechanical equipment and service areas using architectural screen walls, screening devices and/or landscaping; and
(c) 
Mechanical equipment located on a building rooftop shall be set back from the building edge a sufficient distance to screen the equipment from view of adjacent streets.
Restrictions and controls for land uses or activities permitted in business districts, or land uses or activities having special conditions attached to them, or requiring a special permit, are set forth in Schedule IV. Regulations for lot size, yards and similar bulk requirements are set forth in Schedule V. Both said schedules are hereby adopted and made part of this chapter.[1]
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
A land use or activity not set forth in Schedule IV is not permitted in business districts in the City of Fond du Lac, except that uses and activities which are similar to those which are permitted in a district may be permitted by special use permit.
[Amended 5-14-2014 by Ord. No. 3546]
Land uses or activities listed in Schedule IV as being "permitted with special conditions" shall not be considered permitted until applicable conditions, as set forth in this chapter, have been complied with or a variance has been granted.
[Amended 11-28-2018 by Ord. No. 3680; 5-27-2020 by Ord. No. 3708]
A. 
Acceptable materials of a building, principal or accessory, in a business or neighborhood mixed use district include brick, brick veneer, stone, stone veneer, glass (curtain/storefront), split face or decorative block, EIFS, stucco, and siding made of wood, wood composite, vinyl, or fiber cement. Stone or brick should be of relatively even coloration and consistent size. Other building materials may be considered where appropriate. A metal clad building or a preengineered metal building system is not permitted, except where allowed for a land use approved by a special use permit. The use of metal panels, plywood, oriented strand board (OSB) or similar materials as primary wall treatments is prohibited. Metal roofs, decorative metal trim and accents, and metal architectural elements may be considered on a case-by-case basis. These standards apply to the first-time construction of a building(s), building additions, exterior remodeling and renovation.
[Amended 3-23-2022 by Ord. No. 3750]
B. 
Any building, principal or accessory, shall be constructed on a permanent foundation utilizing construction materials as allowed by this section. A membrane structure, including plastic, fabric, or similar flexible materials, is not permitted as a permanent structure except where allowed for a land use approved by a special use permit. The temporary and/or permanent use of a steel shipping container as a structure is not allowed.
All business, servicing or processing activities shall be conducted within completely enclosed buildings except for the following:
A. 
Outdoor display or sales activity which is normally associated with the operation of a permitted use or for which a special use permit has been issued.
B. 
Outdoor recreational use or drive-in associated with a permitted use or for which a special use permit has been issued.
C. 
Outdoor storage. The outdoor storage of goods and inventory associated with a permitted use may be allowed, provided that the size of such storage area is accessory to the principal land use. An outdoor storage area should be maintained in a neat and orderly manner and enclosed with a solid fence or wall not less than six feet in height. The height of goods and inventory should not extend above the height of the required fence. Fence/wall location, height, design, and materials should be as specified by this chapter. Storage areas may not be located in a required front yard setback area or be located between the building line (extended) and the adjacent street right-of-way. No storage area may be located in or across any utility or drainage easement or occupy required on-site parking for the principal land use.
[Amended 3-28-2018 by Ord. No. 3661]
D. 
Trash and recycling containers shall be confined within an enclosed area located not less than five feet from a side or rear lot line. No enclosure shall be located within the front yard area of a lot. Wall height shall be not less than six feet. Enclosure materials shall match or complement the building facade and provide an opaque visual screen.
[Amended 5-14-2014 by Ord. No. 3546]
A. 
An adult-oriented establishment shall be allowed only where specifically permitted by the applicable zoning district of a property.
B. 
No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy or exercise control of any building, structure, premises, or portion or part thereof for an adult-oriented establishment within 500 feet of any other adult-oriented establishment, child-care facility, school (whether preschool, elementary, middle, high school or college, whether public or private), park or playground, recreation facility, church or chapel, library, or residentially zoned property.
C. 
Determination of distance.
(1) 
For the purpose of determining the distance between an adult-oriented establishment and any use set forth in Subsection B above, the measurement shall be from the nearest lot line, that is the legal boundaries of a parcel of property, of the parcel upon which the use is located and then along the nearest public street or streets to the nearest lot line of the use being measured.
(2) 
In the circumstance of a shopping center, for the purpose of determining the distance between an adult-oriented establishment and any use set forth in Subsection B above, the measurement shall be from the nearest building wall of the commercial building space of the parcel upon which the use is located to the nearest building wall of the principal use being measured.
D. 
Prior to the issuance of any City permit, a determination of compliance with this section shall be made by the Community Development Department.
[Amended 5-14-2014 by Ord. No. 3546; 11-28-2018 by Ord. No. 3680]
A land use that utilizes amplified music or mechanically or electronically produced sound as a regular part of business operations where such use is within 200 feet of a building that includes one or more residential living units (including apartments, hotel, bed-and-breakfast inn, or similar residential-type use) is permitted, subject to the following requirements:
A. 
Land uses regulated by this section shall include taverns, restaurants, arcades and teen clubs, nightclubs (alcohol or nonalcohol), and similar uses on property located in the C-1 District.
B. 
This section shall apply to the new use of a building or property for a sound-generating use and/or expansion of an existing use.
C. 
Special events, marches, or public assemblies, as defined in Chapter 562 of the Code of the City of Fond du Lac, which occur two or fewer times in a calendar year are exempt from this section.
[Amended 2-13-2019 by Ord. No. 3684]
D. 
Exterior doors, and interior doors that open into a common hallway, shall not be propped open and shall remain closed except for normal exit/entry of persons.
E. 
Sound shall be muffled or controlled so as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness. No activity shall emit vibration that is discernible without instruments at or beyond the property line of the premises. The installation of physical barriers to prevent amplified sound and vibration intrusion to nearby residential properties may be required.
F. 
The verification and documentation of a substantial number of complaints for amplified sound or other activity that intrudes upon the neighborhood shall constitute grounds for violation of this section. Complaints shall be verified and documented with the Police Department and brought to the attention of the offending business owner/operator in writing.
G. 
Determination of distance. For the purpose of determining the distance between a land use that utilizes amplified music, mechanically or electronically produced sound and any building that includes one or more residential living units as defined above, the measurement shall be from the nearest lot line, that is the legal boundaries of a parcel of property, of the parcel upon which the sound-generating use is located and then along the nearest public street or streets to the nearest lot line of the use being measured.
[Amended 12-10-2014 by Ord. No. 3568; 7-22-2015 by Ord. No. 3586; 4-27-2016 by Ord. No. 3604]
A dwelling unit(s) in a C-1 district may be allowed, provided that such dwelling unit(s) is located entirely above the ground floor of a building and is distinctly and physically separate from a nonresidential use(s) in the building. A dwelling unit(s) shall conform to all housing, building, heating, electrical, plumbing and fire protection regulations in effect and which apply to new construction.
[Added 3-23-2022 by Ord. No. 3750]
A dwelling unit(s) in an NMU District may be allowed, provided that such dwelling unit(s) is distinctly and physically separate from a nonresidential use(s) in the building. Dwelling units may be allowed on any floor. Single- and two-family dwelling units are permitted subject to Subsection C. Off-street parking spaces required in Article X shall be provided.
A. 
For lots less than five acres, residential densities may be five to 12 units per net acre.
B. 
For lots five acres or greater, residential densities may be 12 to 40 units per net acre.
C. 
For existing lots of record less than 20,000 square feet, single- and two-family dwelling units are permitted.