[Amended 4-27-2016 by Ord. No. 3604]
Site plan review is required for any commercial, industrial,
institutional, single-family condominium development, multifamily
development of three or more units, and other uses and development
set forth in this chapter. The site plan requirement is applicable
to the first-time development of a property and additions and expansions
of existing buildings and development.
A. Site plan
requirements. The purpose of a site plan is to illustrate existing
property conditions and provide details of new construction and/or
site modifications. The site plan review process is intended to ensure
that newly developed properties, expanded structures or redeveloped
properties are compatible with adjacent development and meet requirements
for zoning, safety, traffic and utility service, and comply with environmental
standards. A site plan shall address the following:
(1) Conformance
to this chapter and the Official Map, with attention to any proposed
rights-of-way. Proposed rights-of-way should be provided for and proper
district setback regulations applied from such proposed right-of-way.
(2)
Ingress and egress to the property; facilitate efficient and safe
circulation of traffic both on the site and as it interfaces with
the public right-of-way and adjacent properties. The consolidation
of access for major traffic arteries is encouraged.
(3)
Property drainage, with reference to the effect of provisions for
drainage on adjacent properties and the consequences of such drainage
on overall City drainage capacities.
(4)
When applicable, recreation and open space, with attention to the
size, suitability, development and continued maintenance of the area
and the impact on any adjacent living areas.
(5) Landscaping
of site with attention to yard areas along and visible to public rights-of-way.
Provide appropriate screening of parking, truck loading, refuse containers,
mechanical equipment and outdoor storage areas from adjacent uses
and public rights-of-way.
B. Plan
approval. The Building Inspector may not issue a building permit for
any land use or activity in any zoning district, approval of which
is contingent upon site plan approval, until a final site plan has
been approved by the Community Development Department. Where a decision
of the Community Development Department is not agreeable to the project
applicant, the applicant may request, in writing, that the Plan Commission
review the site plan. Said written request shall also contain the
applicant's reasons for making such request. The Community Development
Department shall submit, in writing, its justification to not approve
the site plan. The Plan Commission may approve, conditionally approve
or deny approval of the contested site plan.
[Amended 6-25-2014 by Ord. No. 3552]
On corner lots and on the right-of-way within the vision clearance triangle, no obstruction of vision shall be erected, installed, planted, parked or otherwise placed on any lot between four feet and eight feet above the grade of the sidewalk adjacent to such streets and within the vision clearance triangle as defined in §
720-6 of this chapter.
[Amended 7-22-2015 by Ord. No. 3586; 4-27-2016 by Ord. No. 3604; 9-27-2017 by Ord. No. 3645]
A temporary land use is any use conducted on an intermittent
basis not intended to become permanent. Such uses may include the
sale of seasonal merchandise (seasonal novelties, Christmas trees,
agricultural produce, etc.), circuses and carnivals, outdoor farmers
markets. Temporary sales sites shall be limited to commercial zoning
districts, unless otherwise allowed by this chapter. Outdoor temporary/seasonal
merchandise sales and displays associated with a permitted land use
are exempt from the requirements of this section, except that no items
shall be displayed within any required yard and/or within the vision
clearance area.
A. Permit
required. The Building Inspector may issue a permit to allow a temporary
land use for a period not to exceed 60 days.
B. The placement
of any tent, sales trailer, temporary structure, signs and merchandise
shall not encroach into and/or over the public right-of-way, be placed
within the vision clearance area, obstruct or impair the view or visibility
of the operator of any motor vehicle, obstruct or impair the movement
of any pedestrian or motor vehicle, or in any manner create a nuisance,
hazard or disturbance to the health and welfare of the general public.
C. One
banner or sign shall be allowed to identify a temporary use, located
within 20 feet of such use. The maximum size of a banner or sign shall
not exceed 32 square feet. A ground-mounted banner shall not exceed
10 feet in height. Off-site signs shall be prohibited.
[Amended 4-25-2018 by Ord. No. 3663]
The open storage of junk, refuse, scrap, or disabled or damaged
motor vehicles, whether awaiting repair or not, is prohibited in all
zoning districts. The enclosed outdoor storage of materials, inventory,
equipment and vehicles, when permitted within a zoning district and
accessory to a permitted use, should be completely surrounded by a
solid fence or wall which effectively obscures vision of the storage
from adjacent properties and public rights-of-way. Fence location,
height, design, and materials should be as specified by this chapter.
Amateur radio and television antennas and towers may be installed,
erected and maintained within all zoning districts incidental to the
permitted land use.
A. Purpose. It is the intent of this section to strike a balance between
the federal interest in promoting amateur operations and the legitimate
interest of the City of Fond du Lac in regulating local zoning; to
permit towers and antennas without creating adverse aesthetic impacts,
particularly in residential neighborhoods, by specifying the number
and location of towers and antennas; to protect the health, safety
and general welfare of the community through the issuance of a building
permit to assure installations as recommended by the antenna and/or
tower manufacturer; to preserve the rights of property owners by confining
appurtenant equipment within the boundaries of the property on which
the antenna and/or tower is located; and to protect the integrity
of public utility installations by prohibiting the installation of
appurtenant equipment within easements to reserve for the public benefit.
B. Definition. As used in this section, the term "antenna" means any
system of wires, poles, rods or similar devices used for the transmission
or reception of electromagnetic waves, which system is external to
or attached to the exterior of any building. Antennas shall include
devices having active elements extending in any direction, and directional
beam-type arrays having elements carried by and disposed from a generally
horizontal boom that may be mounted upon and rotated through a vertical
mast or tower interconnecting the boom and antenna support, all of
which elements are deemed to be a part of the antenna.
C. Permit required. No radio or television antenna or tower shall be
installed unless a permit therefor is first obtained by the owner
or his agent from the Building Inspector.
D. Equipment installation. Antennas and antenna towers shall be installed
pursuant to the manufacturer's specifications. The combined wind load
area of an antenna and tower shall not exceed the manufacturer's recommendations.
(1) Residential zoning districts.
(a)
Number of antennas and antenna towers.
[1]
One-family dwellings: one roof-mounted antenna per building
and one antenna tower per lot.
[2]
All other dwellings: one roof-mounted antenna and one antenna
tower per building.
(b)
Height restrictions.
[1]
Roof-mounted antenna: 30 feet, measured from the highest peak
of the roof.
[2]
Antenna tower: 70 feet, measured from finished grade. Antenna
height is not restricted.
(c)
Antenna tower siting. Antenna towers may be erected only within
a side or rear yard.
(2) All other zoning districts. The installation of antennas and antenna
towers shall be in accord with applicable development regulations
set forth in this chapter for such zoning districts.
E. Appurtenant equipment.
(1) No part of an antenna array shall extend beyond any property boundary.
(2) Buried radials shall not encroach into a utility easement.
(3) Guy wires shall not be anchored within a front yard and shall be
installed in such a manner as to protect the public safety and to
minimize the visual impact on surrounding properties and from public
streets.
F. Prohibited signs or devices. The attachment to an antenna or antenna
tower of any flag, decorative or commercial sign, streamers, pennants,
ribbons, spinners or waving, fluttering or revolving devices is prohibited.
This regulation does not include weather devices.
G. Variance and exceptions. A permit for any proposed antenna or antenna tower not conforming to the requirements of this section may be granted with the approval of the Board of Appeals pursuant to §
720-95 of this chapter. When considering a permit, the Board of Appeals shall strike a balance between the federal interest in promoting amateur operations as stated by the Federal Communications Commission in its declaratory ruling PRB-1 and the legitimate interest of the City in regulating local zoning and strive to make a reasonable accommodation between those two interests. The Board shall also explore alternatives to a blanket denial of a permit by means of seeking a compromise, whenever possible, with the amateur operator and the local zoning authority. The Board shall deny a request for a variance or special exception only in cases where it makes a specific finding that this section constitutes the minimum practicable regulation necessary to protect the health, safety and welfare of the public and to avoid creating adverse aesthetic impacts on the neighborhood.
[Amended 6-25-2014 by Ord. No. 3552]
Mobile service towers and antennas shall not be regulated or
permitted as essential services, public utilities or private utilities.
The purpose of this section is to maintain and ensure that a nondiscriminatory,
competitive and broad range of telecommunications services and high-quality
telecommunications infrastructure, consistent with the Federal Telecommunications
Act of 1996 and § 66.0404, Wis. Stats., are provided to
serve the community and further the legitimate interest of the City
of Fond du Lac in regulating local zoning.
A. Applicability.
(1) New towers and antennas. Any new mobile service towers or antennas shall be subject to the provisions of this section, and §
720-72 where applicable, except as provided in Subsection
A(2) and
(3).
(2) Amateur radio station operators/receive-only antennas. This section
shall not govern any tower, or the installation of any antenna, that
is owned and operated by a federally licensed amateur radio station
operator or is used exclusively for receive-only antennas.
(3) Exempt facilities. Publicly owned and operated telecommunications
facilities required in the public interest to provide for and maintain
a radio frequency telecommunication system for police, fire and other
municipal services are exempt from this section.
(4) Municipal sites. Antennas installed on a structure other than a new
communication tower or antennas installed on an existing communication
tower shall be permitted where located on property owned, leased or
otherwise controlled by the City of Fond du Lac, irrespective of zoning
district, provided that a lease or other agreement to authorize such
antenna or tower has been approved by the City.
(5) Antennas or towers on existing structures. An antenna or tower situated
on the roof of a structure in a commercial or industrial district
may be allowed, provided that such device is installed and maintained
in accord with applicable state or local building codes and complies
with current standards of the FAA, FCC and any other agency of the
state or federal government with the authority to regulate antennas.
B. Permit required — special use permit. A special use permit is required for the siting and construction of any new mobile service support structure and facilities, and/or the substantial modification of an existing support structure and mobile service facilities (Class 1 co-location). An application shall be made to the Community Development Department on a form furnished by the City and pursuant to the provisions of §§
720-64 and
720-72.
C. Permit required — mobile service zoning permit (Class
2 co-location). A Class 2 co-location is subject to the same requirements
for issuance of a building permit to which any other type of commercial
development or land use development is subject. An application for
a mobile service zoning permit shall be made to the Community Development
Department on a form furnished by the City.
(1) An application for a mobile service zoning permit (Class 2 co-location)
shall contain all of the following information:
(a)
The name, business address, phone number and e-mail address
of the applicant and the contact individual.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(2) If an applicant submits to the Department an application for a mobile service zoning permit to engage in a Class 2 co-location, which contains all of the information required under Subsection
C(1), the Department shall consider the application complete. If any of the required information is not in the application, the Department shall notify the applicant, in writing, within five 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.
(3) Within 45 days of its receipt of a complete application, the 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 forty-five-day period:
(a)
Make a final decision whether to approve or disapprove the application.
(b)
Notify the applicant, in writing, of its final decision.
(c)
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
D. General requirements. In addition to compliance with all applicable
regulations of this section, the following standards shall apply for
the installation of any tower or antenna:
(1) Building codes; safety standards. The owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Building Inspector concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(2) State or federal requirements. All towers and antennas shall meet
or exceed current standards and regulations of the FAA, FCC, and any
other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owner of a tower and antenna governed by this
section shall bring such tower and antenna into compliance with such
revised standards and regulations within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling state or federal agency. Failure
to bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(3) Height. Antenna height shall not be restricted, provided that such device is installed and maintained in accord with applicable state or local building codes and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate antennas. Tower height shall be regulated pursuant to the provisions of §
720-72C.
(4) Aesthetics. Towers shall maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness. Where an antenna is installed
on a structure other than a tower, the antenna and appurtenant equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5) Signs. No advertising material or signage other than warning or equipment
information shall be allowed on any antenna or tower. This prohibition
shall include the attachment to an antenna or tower of any flag, decorative
sign, streamers, pennants, ribbons, spinners or waving, fluttering
or revolving devices, but not including weather devices.
(6) Lighting. Towers shall not be artificially illuminated unless required
by the FAA or any other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(7) Fencing. A tower shall be enclosed by security fencing not less than
six feet in height and secured so that it is not accessible by the
general public. Fence design, materials and colors shall reflect the
character of the surrounding area.
(8) Landscaping. A buffer of plant materials to effectively screen the
tower compound from public view and from adjacent properties shall
be provided. The minimum buffer shall consist of a landscaped strip
at least five feet in width outside the perimeter of the tower compound.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived. Existing mature
tree growth and natural land forms shall be preserved to the maximum
extent possible. In some cases, such as towers sited on large, wooded
lots, natural growth around the property perimeter may be sufficient
buffer.
(9) Mobile service support structure and equipment.
(a)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with an antenna may be located on
a roof, provided that such equipment or structure is placed as unobtrusively
as possible. Equipment storage buildings or cabinets shall comply
with all applicable building and zoning code requirements.
(b)
Antennas mounted on utility poles, light poles or towers. The
equipment cabinet or structure used in association with an antenna
shall be sited in accordance with the development standards of the
underlying zoning district. Equipment cabinets or structures shall
be screened from view.
E. Removal of abandoned antennas and towers. An antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the City of Fond du
Lac notifying the owner of such abandonment. Failure to remove an
abandoned antenna or tower within said 90 days shall be grounds to
remove the tower or antenna at the owner's expense. If there are two
or more users of a single tower, then this provision shall not become
effective until all users cease using the tower.
No person shall move a building into or within the City limits
except in accord with conditions of this section. The required conditions
shall apply to any building to be moved, regardless of its intended
use or the zoning classification of the property on which it will
be sited:
A. The relocation of a building shall be reviewed and approved by the
Community Development Department prior to the issuance of a moving
permit. The permittee shall submit photographs of the building to
be moved (all elevations, open space, and views from the street),
a description of proposed exterior changes and building rehabilitation,
and a proposed site plan of the property on which the building will
be sited. If the building is intended for nonresidential use, information
about its existing use and its proposed use should be included as
part of the permittee's submittal.
(1) The Community Development Department shall approve, conditionally
approve or deny a proposal for relocation. 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 plans. Such appeal shall be within 30 days of the date of the
Community Development Department's decision. Construction of a foundation
for a relocated building shall begin within six months from the date
of Plan Commission approval or the approval shall be null and void.
(2) The Community Development Department shall not approve granting of
a permit for building relocation unless it determines that the building
is compatible with the surrounding neighborhood and it will not detract
from the character of the neighborhood. To determine neighborhood
compatibility, the Department shall consider the intended use of the
building, its architectural style, building materials, building size,
building height, and number of stories.
(3) Where covered parking is provided, garage design and architecture,
building materials and color shall match or closely resemble the principal
residential building. The front wall of a garage shall not extend
beyond the front wall of the main building facade; this requirement
shall apply to an attached or detached garage.
(4) Effective landscaping shall be provided to enhance the appearance
of the property and to screen uncovered parking areas.
(5) Off-street parking shall be provided in accordance with Article
X of this chapter and that ingress and egress are designed so as to cause minimum interference with traffic on abutting streets.
B. Community Development Department staff shall determine if the structure to be moved has historic or architectural significance and, if so, whether requirements of the Chapter
374, Historic Preservation, apply. In areas of historic or architectural significance, the Historic Preservation Commission shall determine the suitability of the building to the neighborhood. Review by the Historic Preservation Commission shall occur prior to the Plan Commission review of a proposed building relocation.
C. Relocation of a building into or within the City limits shall comply with the provisions of §
255-10, Moving of Buildings, of this Code.
D. The permittee shall pay a cash deposit to the City of Fond du Lac pursuant to §
255-10E of this Code. The cash deposit shall act as a completion bond to ensure that the relocated building will be properly secured and rehabilitated on its new site. Upon completion of all building and site improvements as required by this section, the deposit shall be returned to the property owner. Failing completion of all required building and site improvements, the cash deposit shall be used towards building demolition, site clearing and property restoration by the City of Fond du Lac.
E. Building siting shall comply with all requirements of Chapter
255 of this Code pertinent to its use and occupancy and all requirements of the property's underlying zoning district, to include setbacks, building height and lot coverage.
F. A building shall be placed on its new foundation within 30 days of
relocation.
G. Where the permittee intends to construct a basement for a relocated
building, it shall complete this work within 30 days of building permit
issuance for such construction. Failing such, incomplete basement
construction shall be declared a public nuisance and shall be remedied
by the City and the cost thereof charged against the property.
H. The permittee shall complete exterior building rehabilitation, the
construction of paved on-site parking and/or driveway areas, and site
landscaping within three months of building relocation.
I. The permittee may request relief from a required time line for the
completion of work in accord with this section. The permittee shall
submit a written request to the Department of Community Development
prior to the expiration of a required completion date. The permittee's
written request shall set forth the facts that require an extension.
An extension may be approved where extenuating circumstances would
preclude the timely completion of required work.
J. The provisions of this section shall not apply to a designated historic
site significant in local history, architecture and culture, owned
and operated for the public benefit by a county or local historical
society.
[Added 4-27-2016 by Ord.
No. 3604]
A community garden is the use of land by a group of individuals
or a public or nonprofit organization to grow and harvest fruit and
vegetables for personal or group consumption, for educational purposes,
and/or for donation.
A. Lot size: minimum 12,000 square feet.
B. Setbacks (garden, garden plot, raised bed or planter).
(1)
Front: minimum 20 feet. Planting areas shall comply with vision
triangle clearance requirements.
(2)
Side/rear: minimum 10 feet.
(3)
Floodway, shoreland, waterbody, stormwater pond: minimum 35
feet.
C. Activities shall be limited to daytime hours between 7:00 a.m. and
9:00 p.m.
D. Vehicles shall be parked on paved areas designed and constructed
for parking.
E. Temporary and/or permanent buildings and structures shall be permitted
only where a community garden is accessory to a permitted land use
and shall be subject to the requirements of the underlying zoning
district.
F. On-site storage and use of compost and organic matter.
(1)
Compost and organic matter shall be contained within a designated
area within the rear yard area of a property, with a minimum ten-foot
setback from a side and/or rear lot line, not to exceed six feet by
six feet in area.
(2)
Compost piles shall be managed and maintained to prevent odor
and the harborage of rodents and pests.
G. Yard areas outside of the garden shall be mowed and maintained free
of debris.
H. The on-site sale of produce, flowers or plants may be permitted when
authorized by a temporary land use permit in accord with the provisions
of this chapter.
I. One ground sign shall be permitted, not to exceed 25 square feet
in area and six feet in height. Sign materials and design shall be
of professional quality. Permit required.
J. Drainage. The site shall be designed and maintained to prevent water,
leachate from compost piles, and/or fertilizer from flowing onto adjacent
property and/or the public right-of-way, waterway or stormwater detention/retention
area. A drainage plan may be required.
K. Plan approval. A site plan shall be submitted to the Community Development
Department for review and approval prior to the construction of a
community garden. The site plan shall demonstrate limits of the garden
plot(s) and compliance with requirements of this section.