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.
(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.
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.