A.
Those land uses or activities set forth in this chapter as requiring
a special use permit are considered to be sufficiently distinctive
in terms of their nature, location and impact on the surrounding area
as to warrant special evaluation of each individual case. Special
use permits shall be issued upon authorization by the Plan Commission.
Approval of a special use permit shall be based on a determination
that the land use or activity requiring a special use permit complies
with specific requirements for certain land uses and activities as
may be set forth in this article. The City's decision to approve or
deny a special use permit must be supported by substantial evidence
[§ 62.23(7)(de)2.b., Wis. Stats.]. Where an applicant wishes
to contest the decision of the Plan Commission, the applicant may
submit a written appeal to the Board of Appeals.
[Amended 3-28-2018 by Ord. No. 3661; 11-28-2018 by Ord. No. 3680]
(1)
"Substantial evidence" means facts and information, other than merely
personal preferences or speculation, directly pertaining to the requirements
and conditions an applicant must meet to obtain a special use permit
and that reasonable persons would accept in support of a conclusion
[§ 62.23(7)(de)1.b., Wis. Stats.].
(2)
If an applicant for a special use permit meets or agrees to meet
all of the requirements and conditions specified in this chapter or
those imposed by the Plan Commission, the City shall grant the special
use permit [§ 62.23(7)(de)2.a., Wis. Stats.].
(3)
The applicant must demonstrate that the application and all requirements
and conditions established by the City relating to the special use
are or shall be satisfied, both of which must be supported by substantial
evidence [§ 62.23(7)(de)2.b., Wis. Stats.].
B.
General requirements.
(1)
The land use or activity is to be designed, located and operated
so as to protect the public health, safety, welfare and convenience.
(2)
The land use or activity will not cause substantial injury to the
value of other property in the neighborhood where it is to be located.
(3)
The land use or activity will be compatible with existing adjoining
development and the implied character of the zoning district where
it is to be located.
(4)
Effective landscaping and visual screening are provided as may be
required herein.
(5)
Adequate off-street parking and loading are provided in accordance
with this chapter and ingress and egress are so designed as to cause
minimum interference with traffic on abutting streets.
(6)
The land use or activity conforms to all applicable regulations governing
the zoning district where it is to be located, except as may be otherwise
set forth elsewhere in this article.
(7)
Any conditions determined to be necessary to accomplish the purposes
of this chapter. Any condition imposed must be related to the purpose
of the ordinance and be based on substantial evidence. [§ 62.23(7)(de)2.a.,
Wis. Stats.]
[Amended 3-28-2018 by Ord. No. 3661]
(8)
Construction of the land use or activity shall begin within one year
from the date the permit was granted by the Plan Commission and shall
continue with due diligence or the permit shall be null and void.
A one-year extension to an approved special use permit may be administratively
authorized by the Community Development Department upon submission
of a written request setting for the facts which require an extension.
[Amended 11-28-2018 by Ord. No. 3680]
C.
Revocation. Upon determination by the Community Development Department
that the conditions and/or stipulations of an approved special use
permit have not been completed or have been violated, written notice
shall be provided to the party granted the special use permit of the
actions necessary for compliance. The notice shall specify that failure
to comply with the required conditions or stipulations within 30 days
will invalidate the special use permit approval. Failure to comply
may cause an order for revocation of the special use permit. This
notice of revocation will be served on the party and may be appealed
to the Plan Commission. Such appeal shall be submitted in writing
to the Community Development Department within 30 days of service
of the written notice of revocation.
[Added 7-22-2015 by Ord.
No. 3586]
In addition to the above general requirements, other specific
requirements shall pertain, as applicable, to certain land uses and
activities as follows.
[Amended 3-25-2015 by Ord. No. 3575; 11-28-2018 by Ord. No. 3680]
No mobile home park may be built or expanded until a proposal
meeting the requirement of this section has been approved by the Plan
Commission and subject to site plan approval by the Community Development
Department.
A.
Environmental standards.
(1)
Size and density. The minimum area allowable for a new park shall
be 10 acres and the maximum density of mobile homes within the park
shall be seven mobile homes per gross acre. (Gross acreage includes
all areas within the approved mobile home park boundaries.) Additions,
regardless of size, may be made to any existing mobile home park,
provided the proposal has had the approval of the Plan Commission
in accordance with this section.
(2)
Mobile home space. Each mobile home space shall be clearly defined
and shall abut on an internal street or driveway with unobstructed
access to a public street. The minimum mobile home space shall be
not less than 4,000 square feet; the minimum width of the mobile home
space shall be at least 40 feet at the front building line. Each mobile
home space shall contain no more than one mobile home and one accessory
structure (i.e., detached garage or storage shed). The maximum size
of a storage shed is 100 square feet.
(3)
Separation. Mobile home units may be positioned in a variety of ways
within a park, provided that an average separation of at least 20
feet is maintained between units.
(4)
Setback. No mobile home shall be located less than 15 feet from the
pavement edge of a private street or 15 feet from the right-of-way
of any public street within the mobile home park. A minimum of 30
feet shall be maintained between mobile home units and all park boundary
lines, except that at least 50 feet shall be maintained between all
units and any park boundary abutting an existing public road or highway.
The minimum side/rear yard setback for a detached garage or storage
building is two feet.
(5)
Tie-down. Each mobile home shall be placed on a pad, piers or a foundation
and shall be secured to the ground by well anchored tie-downs at least
on each corner of the unit.
(6)
Mobile home skirting. All mobile homes shall have around their entire
perimeters a continuous skirting material of wood, metal, masonry
or other suitable durable material within 90 days of occupancy.
(7)
Parking. Two off-street parking spaces shall be provided for each
mobile home space. Such parking areas may be located on each individual
mobile home space or grouped to serve two or more mobile home spaces.
(8)
Streets, driveways and parking areas. Streets, driveways and parking
areas shall be at least 22 feet wide and shall consist of a compacted
base at least four inches thick and shall be paved with four inches
of concrete or three inches of asphalt.
(9)
Lighting. All streets within the park shall be lighted at night.
Freestanding lights shall not exceed 12 feet in height. Lighting shall
be confined to the park property and shall not produce glare or wash
onto adjacent properties or public rights-of-way.
(10)
Placement of utility lines. All power, telephone and television
cable lines shall be located beneath the finished grade of the mobile
home park in accordance with the State Electrical Code.
(11)
Required recreation area. A minimum of 8% of the gross site
area shall be devoted to recreation. Recreation areas shall be conveniently
located to serve all park residents and shall contain not less than
2,500 square feet, nor a dimension of less than 50 feet.
(12)
Required buffers. Mobile home parks shall be surrounded by buffer
strips at least 15 feet in depth on the sides and rear and 50 feet
in depth along the front; no side or rear buffer is required between
adjacent mobile home developments. Buffers shall be attractively landscaped
and maintained and shall otherwise be unoccupied except for permitted
utility facilities, signs or entrance ornamentations. The inside 35
feet or a fifty-foot front buffer may be used for streets or driveways
or recreational facilities.
B.
Expansion of existing mobile home parks. Plans for expansion of existing mobile home parks shall be submitted and approved in the same manner as plans for new parks. Environmental standards for new mobile home parks as set forth in Subsection A shall not be retroactive and shall not be applied to existing mobile home parks operating within the City of Fond du Lac at the time of the adoption of this section, nor shall this section govern existing parks annexed to the City.
A.
Intent. This section is intended to encourage residential and commercial
planned unit developments offering greater creativity and flexibility
in site plan design than is provided under the strict application
of zoning regulations, while at the same time preserving the health,
safety, order, convenience, prosperity and general welfare of the
City of Fond du Lac. Planned unit developments may include one or
a variety of land uses. Mixed uses may include any combination of
residential or commercial uses planned and developed in an orderly
and compatible relationship to one another. Mixed uses may occur among
or within buildings as long as the uses are compatible with each other
and with planned and existing uses surrounding the PUD.
B.
Special uses. Any land use not clearly designated by type on the
approved final development plan shall be permitted in a PUD only upon
issuance of a special use permit.
C.
District standards. The district standards shall be as follows:
(1)
Access. All land uses shall abut on a public street or have adequate
access to a public street by means of a private drive. All streets
and drives must tie in effectively with the City's existing street
system and with those arterial and collector streets proposed in its
future land use plan.
(2)
Architectural style. The architectural style of individual structures
shall be compatible with other structures in the PUD, with the overall
site design and with surrounding land uses.
(3)
Common open space. Whenever possible, common open space shall be
linked to the open space areas of surrounding developments. Common
open space shall be of a size, shape, location and usability for its
proposed purpose. At least 10% of the residential portion of a PUD
shall be designated common recreational area(s).
(4)
Density. Density shall be governed by the standards of the zoning
district most similar in function to the proposed use. A residential
PUD may provide up to a twenty-five-percent increase in the number
of units per acre if the PUD provides substantially more site amenities
than are found in a conventional residential development. The character,
use of existing landscape, design variation and environmental concern
of a PUD shall govern the amount of density increase which may be
approved.
(5)
Determining standards. Standards for lot area, coverage, setbacks,
parking and screening shall be governed by the standards of the zoning
district most similar in function to the proposed PUD use. Deviation
from those standards may be permitted only if such deviation is consistent
with the total design of the development, encourages a desirable living
environment and is not detrimental to the welfare of the City.
(6)
Exterior boundary setback. No commercial structure shall be nearer
than 50 feet to its side or rear property lines where such line abuts
a single-family use.
(7)
Minimum PUD development area. The minimum PUD development area is
10 acres of land in single ownership or control.
(a)
A land use of less than 10 acres may qualify if one or more
of the following conditions exist:
[1]
Natural features of the land are such that development under standard
zoning regulations would not be appropriate in order to conserve such
features;
[2]
The land is adjacent to or across the street from property which
has been developed as a PUD and is to be developed in relationship
to such prior development; or
[3]
The PUD process is desirable to ensure compatibility and careful
consideration of the effect of a development on surrounding land uses.
(b)
Detrimental site features affecting the development potential
of a site, such as heavily used highways, railroad tracks traversing
a property, adjacent incompatible land uses or others may also justify
consideration of an area as a PUD in order to give the design flexibility
needed to deal with site constraints.
D.
Environmental review standards and design standards.
(1)
The proposal shall demonstrate an effective and unified treatment
of the development possibilities on the project site, making appropriate
provision for the preservation of scenic features and physical amenities
of the site and the surrounding areas.
(2)
The project shall be planned and developed to harmonize with any
existing or proposed development in area surrounding the project site.
(3)
Individual buildings shall be related to each other in design, mass,
placement and connection to provide a visually and physically integrated
development.
(4)
Treatment of the sides and rear of all buildings within the project
shall be comparable in amenity and appearance to the treatment given
to street frontage of these same buildings.
(5)
Landscape treatment for open spaces, roads, paths, service and parking
areas shall be designed as an integral part of a coordinated landscape
design for the entire project area.
(6)
There shall be an adequate, safe and convenient arrangement of pedestrian
circulation facilities, roadways, driveways, off-street parking and
loading space, trash removal facilities and outdoor storage areas.
All such facilities shall be designed to City specification.
(7)
Materials and design of paving, lighting fixtures, retaining walls,
fences, curbs, benches, etc., shall be of good appearance, easily
maintained, and indicative of their function.
(8)
Parking facilities shall be designed with regard to orderly arrangement,
topography, landscaping, and ease of access and shall be developed
as an integral part of an overall site design. To reduce unsightliness
and the visual monotony of parked cars, such facilities shall be screened
from public view.
(9)
Any above-grade loading facility should be screened from public view
to the extent necessary to reduce unsightliness.
E.
Final development plan approval. Prior to the issuance of a building
permit, the developer shall file with the City of Fond du Lac a security
instrument, i.e., a performance bond, acceptable to the City in an
amount equal to 150% of the estimated cost of public utilities and
infrastructure in accordance with the Subdivision Regulations[1] and paved parking, landscaping, walkways, recreational
equipment and lighting in accordance with final development plans.
Such bond shall be posted for each phase as it is proposed for development.
The estimated cost for termination of each phase shall be retained
by the City until subsequent phases are under construction.
F.
Final development plan changes. Any significant changes in the approved
final development plan may be made only after a public hearing by
the Plan Commission. Minor changes may be approved by the Community
Development Department.
[Amended 11-28-2018 by Ord. No. 3680]
G.
Extended stage PUD. It is recognized that certain planned unit developments
may involve construction over an extended period of time. If it is
proposed to develop a project during a period exceeding two years,
the developer may request conceptual approval from the Plan Commission
for the entire project.
[Amended 11-28-2018 by Ord. No. 3680]
[Amended 11-28-2018 by Ord. No. 3680]
A.
Freestanding canopies with fuel pump islands, uncovered fuel pump
islands/fuel dispensers, and outdoor services such as vacuums, tire
air, scales, etc., shall be located at least 20 feet from the street
property line or as specified by the zoning district in which the
property is located, whichever is greater. Where a lot is adjacent
to a residential district or property used for residential purposes
the minimum setback for a canopy and outdoor services shall be 40
feet from side and/or rear property lines.
B.
When adjacent to a residential district or property used for residential
purposes, a landscape setback of not less than five feet shall be
provided, including a solid fence not less than six feet in height.
C.
Illuminated building and canopy signage, including neon tubing and
other decorative lighting, shall not be utilized on any building or
canopy facade that is oriented to face or abut a residential district
or property used for residential purposes.
D.
Electronically produced music or amplified sound is prohibited when
adjacent to a residential district or property used for residential
purposes. In all other cases, electronically produced music or amplified
sound is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
A.
Outdoor services shall be located at least 20 feet from the street
property line and 40 feet from side and/or rear property lines.
B.
Adequate site area shall be provided to accommodate vehicles waiting
for service.
C.
When adjacent to a residential district or property used for residential
purposes, a landscape setback of not less than five feet shall be
provided, including a solid fence not less than six feet in height.
D.
Illuminated building signage, including neon tubing and other decorative
lighting, shall not be utilized on any building facade that faces
or abuts a residential district or property used for residential purposes.
E.
Electronically produced music or amplified sound is prohibited when
adjacent to a residential district or property used for residential
purposes. In all other cases, electronically produced music or amplified
sound is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
A.
Animal boarding shall be confined to an enclosed building.
B.
Outdoor exercise yards, field training areas and trails shall be
confined to an enclosed fenced area. Adequate screening shall be provided
from the public right-of-way and adjoining properties. Animal waste
shall be removed prior to the close of business each day. Odors from
outdoor yards and areas shall be abated.
C.
There shall be no outside storage of refuse, feed or other material
and no on-site incineration of refuse.
D.
An odor-absorbing air filtration system shall be used.
E.
Owner/operator shall demonstrate that adequate sound absorption shall
be used.
[Amended 6-25-2014 by Ord. No. 3552]
A.
Application. An application for a special use permit shall contain
all of the following information:
(1)
The name, business address, phone number and e-mail address of the
applicant and the contact individual.
(2)
The location of the proposed or affected support structure.
(3)
The location of the proposed mobile service facility.
(4)
If the application is to construct a new mobile service support structure,
a construction plan shall describe the proposed mobile service support
structure and the equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
related equipment to be placed on or around the new mobile service
support structure.
(5)
If the application is to construct a new mobile service support structure,
an explanation shall describe why the applicant chose the proposed
location and why the applicant did not choose co-locations, including
a sworn statement from an individual who has responsibility over the
placement of the mobile service support structure attesting that co-location
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(6)
If the application is to substantially modify an existing support
structure, a construction plan shall describe the proposed modifications
to the support structure and the equipment and the network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and related equipment associated with the proposed
modifications.
B.
Application process.
(1)
If an applicant submits an application for a special use permit to
the Community Development Department to engage in an activity described
in this chapter, which contains all of the information required under
this chapter, the Department shall consider the application complete.
If the Department does not believe that the application is complete,
the Department shall notify the applicant, in writing, within 10 days
of receiving the application, that the application is not complete.
The written notification shall specify in detail the required information
that was incomplete. An applicant may resubmit an application as often
as necessary until it is complete.
(2)
Within 90 days of its receipt of a complete application, the Community
Development Department shall complete all of the following or the
applicant may consider the application approved, except that the applicant
and the Department may agree in writing to an extension of the ninety-day
period:
(a)
Review the application to determine whether it complies with
the building code and this chapter, subject to the limitations of
this section.
(c)
Notify the applicant, in writing, of its final decision.
(d)
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
C.
Tower height. Tower height shall not exceed 200 feet and shall comply
with current standards of the FAA, FCC and any other agency of the
state or federal government with the authority to regulate mobile
service facilities.
D.
Setbacks. The minimum setback of a tower shall comply with requirements
of the zoning district in which the tower is located. Guy wires, anchors,
supporting equipment and structures shall comply with requirements
of the zoning district in which the tower is located.
E.
Co-location. Any proposed tower shall be structurally and electrically
designed to accommodate one or more antennas for multiple users.
[1]
Editor’s Note: Former § 720-73, Amplified music;
mechanically or electronically produced sound, indoor, was repealed
11-28-2018 by Ord. No. 3680.
[Amended 5-14-2014 by Ord. No. 3546]
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 a shelter facility
within 300 feet of any elementary school (whether public or private).
For the purpose of determining distance, the measurement shall be
from the nearest exterior wall of the building which the shelter will
occupy to the nearest exterior building wall of the elementary school
being measured.
The following criteria shall be considered:
A.
The relationship of the proposed digital multiple message sign location
to other off-premises signs, existing man-made and/or natural features
and surrounding development.
B.
The impact of the proposed digital multiple message center on existing
residences in the surrounding area.
C.
The impact of the proposed digital multiple message sign on the development
or redevelopment of the parcel on which it is proposed to be located.
D.
The impact on the surrounding area and future rights-of-way as designated
by the Comprehensive Plan and/or the Official Map.
A.
The dwelling which the bed-and-breakfast occupies shall be the principal
residence of the operator/owner and said operator/owner shall live
on the premises where the bed-and-breakfast operation is active.
B.
Breakfast shall be the only meal served to overnight guests.
C.
On-site parking in accord with Schedule IX shall be provided.[1]
[1]
Editor's Note: Schedule IX is included as an attachment to this chapter.
[Added 6-25-2014 by Ord. No. 3552]
The minimum criteria are required pursuant to Wis. Stats. § 62.23(7)(hi):
A.
No payday lender shall be located within 1,500 feet of another payday
lender.
B.
No payday lender shall be located within 150 feet of a single-family
or two-family residential zoning district.
C.
Determination of distance.
(1)
For the purpose of determining the distance between a payday lender and any use set forth in Subsections A and 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 circumstances of a shopping center, for the purpose of determining the distance between a payday lender and any use set forth in Subsections A and 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.
[Added 12-10-2014 by Ord.
No. 3568]
A.
A dwelling unit(s) may be allowed in a nonresidential building, 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, and provided that such building and dwelling unit(s) is adjacent to or in the near vicinity of other similar development. Off-street parking spaces required in Article X shall be provided on the same lot.
[Amended 7-22-2015 by Ord. No. 3586]
[Added 7-22-2015 by Ord.
No. 3586]
A dwelling unit(s) in a C-2 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, and provided that such building and dwelling unit is adjacent to or in the near vicinity of other similar development. 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. Off-street parking spaces required in Article X shall be provided.
A.
For
lots five acres or greater, residential densities shall be 12 to 40
units per net acre.
[Added 3-23-2022 by Ord. No. 3750]
[Added 11-28-2018 by Ord.
No. 3680]
A special use permit is required for a hospital and ancillary
services such as clinics, offices and parking lots, when located within
200 feet of a property zoned for residential use or property used
for residential purposes.
[Added 11-28-2018 by Ord.
No. 3680]
A special use permit is required for a hotel when located within 200 feet of a property zoned for residential use or property used for residential purposes. In addition to the standards for site plan approval described in § 720-12, the following apply:
A.
The principal entrance to a hotel, and/or the accommodation for vehicular
access for guest registration, shall be situated on the building elevation
that does not face an adjacent residential property or a residential
use.
B.
On-site parking spaces shall not be sited along a lot line that is
adjacent to or directly visible to a residential property or residential
use. Parking spaces shall be configured to prevent the light and glare
of vehicle headlights onto a residential property.
C.
A solid eight-foot-high fence shall be constructed along a lot line(s)
that borders property zoned for residential use or used for residential
purposes. The fence requirement is in addition to the required landscape
setback. Acceptable materials include decorative masonry, wood, or
vinyl. The use of chain link fencing or similar materials is not permitted.
D.
The siting of an enclosure for trash and recycling receptacles is
not permitted along a lot line that is adjacent to a residential property
or a residential use.
E.
Wall signage, including lettering, corporate logos, decorative graphics,
illuminated graphics, and illuminated sign bands, is limited to the
main building facade that faces a public street.
F.
Roof lighting and building fascia and soffit lighting, including
decorative neon tubing/lighting, is not allowed.
G.
Wall lights on a facade that faces a residential property or a residential
use shall be placed within the first story area of the structure and
positioned to avoid shine and/or glare onto nearby properties.
H.
Determination of distance. For the purpose of determining the distance
between a commercial property and land that is zoned for residential
use or used for residential purposes, 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 hotel would be located and
then along the nearest public street or streets to the nearest lot
line of the use being measured.
