As used in this chapter, the following terms shall have the meanings indicated:
ABUTHaving a common border.
ACCESSORY USEA use incidental to the principal land use and subordinate in floor area, extent or purpose, located on the same lot as the principal land use with the single exception of accessory off-street parking facilities that are permitted elsewhere than on the same lot as the building or use served.
ADJACENTTo lie near or close to; in the neighborhood or vicinity of.
ADJOININGTouching or contiguous, as distinguished from lying near or adjacent.
ADULT-ORIENTED ESTABLISHMENTAny premises, including, but not limited to, an adult bookstore, adult motion-picture theater, adult entertainment, adult cabaret, or any other place of business of any similar purpose, operation or function regardless of whether any other use is also conducted on the premises.
A. ADULT BOOKSTOREA building or structure that has a facility or facilities, including, but not limited to, booths, cubicles, rooms or stalls, for the presentation of adult entertainment, including adult-oriented films, movies or live performances for observation by patrons therein, or an establishment having a substantial or significant portion of its stock-in-trade for sale, rent, trade, lease, inspection, or viewing of books, films, electronic media, magazines or other periodicals which are distinguished or categorized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.
B. ADULT MOTION-PICTURE THEATERA building or structure used for presenting material in the form of motion-picture film, electronic media or other similar means, substantially devoted to the depiction of specified anatomical areas or specified sexual activities.
C. ADULT ENTERTAINMENTA building or structure regularly used for presenting live performances which are substantially devoted to the exhibition of specified anatomical areas or specified sexual activities for the observation and viewing of patrons therein.
D. ADULT CABARETA building or structure which features topless dancers, strippers, male or female impersonators or similar entertainers that display specified anatomical areas or engage in specified sexual activities.
E. BOOTHS, CUBICLES, ROOMS, COMPARTMENTS or STALLSEnclosures that are specifically offered to the public or members of an adult-oriented establishment for hire or for a fee as part of a business operated on the premises which offers as part of its business entertainment to be viewed within the enclosure. This shall include, without limitation, such enclosures where the entertainment is dispensed for a fee, but a fee is not charged for mere access to the enclosure. However, "booth," "cubicle," "room," "compartment" or "stall" does not mean such enclosures that are private offices used by the owners, managers or persons employed on the premises for attending to the tasks of their employment, which enclosures are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing entertainment for a fee and are not open to any person other than employees, nor shall this definition apply to hotels, motels or other similar establishments licensed by the State of Wisconsin pursuant to Wisconsin law.
F. SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, human buttocks and human female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
G. SPECIFIED SEXUAL ACTIVITIESHuman genitals in a simulated or actual state of sexual stimulation or arousal; acts of sexual intercourse, masturbation, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or fondling or other erotic touching or sexual stimulation of human genitals, pubic region, buttocks or female breast.
ALLEYA public right-of-way, with a width of not more than 24 feet, which affords only a secondary means of vehicular access to abutting properties.
ALTERATIONA change in the size, shape or use of a building or structure. A structural alteration is any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, except such repair or replacement as may be required for the safety of the building as determined by the Building Inspector.
ALTERNATIVE TOWER STRUCTUREClock towers, bell steeples, light poles and similar mounting structures that camouflage or conceal the presence of antennas.
ANTENNAAny exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), or other communication signals.
[Amended 6-25-2014 by Ord. No. 3552]
AUTOMOTIVE FUEL CENTERAn establishment for the retail dispensing or sale of vehicular fuel which may include the retail sale of convenience goods.
[Amended 5-27-2020 by Ord. No. 3708]
AWNINGA roof-like cover which projects from the wall of a building.
BALCONYA landing, deck or porch projecting from the wall of a building at or above the second story.
BASEMENTA story having the entire floor to ceiling height below grade. When a basement is used for storage, parking, or other facilities for the common use of occupants of the rest of the building, it shall not be counted as a story in determining building height.
BED-AND-BREAKFAST INNAn owner-occupied single-family residence that provides lodging for overnight accommodations plus breakfast to transient guests for compensation.
BLOCKA tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or other lines of demarcation. A block may be located in part beyond the boundary lines of the corporate limits of the City of Fond du Lac.
BOARDINGHOUSE or ROOMING HOUSEA group of rooms with or without individual bathroom units, but without cooking facilities, other than a motel, hotel or bed-and-breakfast inn, where lodging or meals, or both, for compensation are provided for at least three persons and up to 10 persons.
[Amended 11-28-2018 by Ord. No. 3680]
BOATHOUSEA permanent structure used for the storage of watercraft and associated materials and which is totally enclosed, has a roof or walls, or any combination of these structural parts. A "wet boathouse" is a boathouse which extends below the ordinary high-water mark (OHWM).
[Amended 5-27-2020 by Ord. No. 3708]
BUFFERThe use of land, topography, difference in elevation, fences, berms or landscape planting to screen or partially screen a use or property from another use or property.
BUILDABLE AREAThe space remaining on a lot after the minimum setback, open space, easements and other site constraint requirements of this chapter have been satisfied.
BUILDINGA structure having a roof which may provide shelter, support, enclosure, or protection of persons, animals or property of any kind and which is permanently affixed to the land. When any portion thereof is completely separated from every other portion by masonry or fire wall without any window, which wall extends from the ground to the roof, then such portion shall be deemed to be a separate building.
BUILDING, ACCESSORYA subordinate building or portion of a main building, the use of which is incidental to the principal building, and which is located on the same lot as the main building.
BUILDING HEIGHTThe vertical distance from finished grade to the highest point of the roof.
BUILDING, PRINCIPALA nonaccessory building in which the principal use permitted on the lot is conducted; the main building or structure on a single lot or parcel of land, and includes any attached garage or porch.
[Amended 6-25-2014 by Ord. No. 3552]
BULKThe term used to indicate the size and setback of buildings or structures and the location of the same with respect to one another, and includes the following:
A. Size and height of buildings;
B. Location of exterior walls in relation to lot lines, streets or to other buildings;
C. Gross floor area of buildings in relation to lot area (floor area ratio);
D. Open space allocated to buildings;
E. Lot area and lot width; and
F. Amount of lot area provided per dwelling unit.
BUSINESSAny occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
CARPORTA roofed structure enclosed on two or fewer sides, used for the parking of passenger vehicles owned and used by the occupants of the dwelling to which it is accessory.
[Added 11-28-2018 by Ord. No. 3680]
CARRIAGE PORCHA roofed structure extending from the front entrance of a building over an adjacent driveway and sheltering those getting in or out of vehicles; structure shall be open on all sides and integrated into the design of a building; architectural materials shall match the principal building.
[Added 1-27-2021 by Ord. No. 3730]
CLINIC, MEDICALA building or portion thereof in which one or more physicians, dentists, and allied professionals are associated for the examination and treatment of persons on an outpatient basis.
CLUB OR LODGE, PRIVATEA nonprofit association or organization formed for either fraternal, educational, philanthropic, or other similar purpose, including professional organizations, unions, and other similar organizations. Food and alcohol beverages may be served on its premises, provided they are secondary and incidental to the principal use.
[Amended 8-28-2024 by Ord. No. 3797]
CO-LOCATIONThe provision of multiple antennas of more than one commercial wireless communication service provider or government entity on a single tower or structure.
COMMUNITY LIVING ARRANGEMENTThe following facilities licensed or operated or permitted under authority of the Wisconsin Statutes: child welfare agencies, group foster homes for children, and community-based residential facilities, but does not include day-care centers, nursing homes, general hospitals, special hospitals, prisons and jails; a convent or facility owned or operated by members of a religious order exclusively for the reception and care or treatment of members of that order; a facility or private home that provides care, treatment or services only for victims of domestic abuse; shelter facility; adult family home; or residential care apartment complex. The establishment of a community living arrangement shall be in conformance with Wisconsin Statutes and amendments thereto.
CONDOMINIUMA building or group of buildings in which dwelling units, offices or floor area is owned individually and the structure, common area(s) and facilities are owned by all of the owners on a proportional, undivided basis.
CONFORMING BUILDING OR STRUCTUREA building or structure which complies with the regulations of this chapter or of any amendment thereto governing bulk in the district in which said building or structure is located.
DAY CARE, ADULTA use that provides services for part of a day in a group setting to adults who need an enriched social or health-supportive experience, or who may need assistance with activities of daily living, supervision and/or protection.
DAY CARE, DOGGIEAn organized, controlled and monitored environment for a group of dogs to interact and play for a scheduled time period of less than 24 hours a day.
DAY CARE, FAMILYA use conducted by the resident(s) of a one-family home licensed by the State of Wisconsin for the care and supervision of at least four and not more than eight children who are not related to the provider for less than 24 hours a day.
DAY CARE, GROUPA use licensed by the State of Wisconsin for the care and supervision of nine or more children for less than 24 hours a day.
DRIVE-IN ESTABLISHMENTA use that provides facilities for providing a service or product on the premises to patrons in motor vehicles on the premises.
DWELLINGA building, or portion thereof, used or intended to be used exclusively for human habitation, including efficiency/studio units, one-family, two-family and multiple-family residences, and mobile/manufactured/modular homes, but not including recreational trailers or lodging rooms in hotels, motels or lodging houses.
DWELLING, EFFICIENCY/STUDIOA dwelling unit consisting of not more than one habitable room, an individual bath, kitchen facilities and an independent entrance.
DWELLING UNITOne or more rooms physically arranged for occupancy as independent housekeeping quarters for one family, with cooking, sleeping and sanitary facilities provided for the exclusive use of the occupant(s).
ELECTRIC DISTRIBUTION CENTERA terminal at which electric energy is received from the transmission system and is delivered to the distribution system only.
ELECTRIC SUBSTATIONA terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system.
ESTABLISHMENT, BUSINESSA place of business carrying on operations which are physically separate and distinct from any other place of business located on the same lot.
FAAFederal Aviation Administration.
FAMILYOne or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:
A. The group shares the entire dwelling unit;
B. The group lives together as a single housekeeping unit;
C. The group shares expenses for food, rent, utilities or other household expenses;
D. The group is permanent and stable and not transient or temporary in nature; and
E. Any other factor reasonably related to whether the group is the functional equivalent of a family.
FCCFederal Communications Commission.
FENCEA structure providing enclosure or confinement or serving as a barrier, but not protecting against the elements (as distinguished from "building").
FENCE, OPENA fence, including gates, which has, for each one-foot-wide segment extending over the entire length and height of the fence, 50% of the surface area in open spaces which afford a direct view through the fence.
FENCE, SOLIDA fence, including gates, constructed to screen an activity or land use.
FLOOR AREAThe sum of the gross horizontal area of all floors of a building and accessory buildings and structures, including patios, porches, decks and steps eight inches or more above grade, and excluding basement areas devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls. An awning, trellis or other open overhead structure shall not be included in floor area calculations.
FLOOR AREA RATIOThe numerical value obtained by dividing the floor area within a building(s) on a lot by the area of such lot. The floor area ratio as designated for appropriate districts, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the building or buildings on the lot in such district.
FREIGHT TERMINALA building or area in which freight brought by motor truck or railroad freight cars is assembled or stored for routing in intrastate or interstate shipment by motor trucks or railroad freight cars.
GARAGEA detached or attached accessory building or a portion of the principal building designed and used for the storage and/or parking of passenger vehicles owned and used by the occupants of the dwelling to which it is accessory.
GAZEBOA structure used for the outdoor enjoyment of a property that is accessory to the principal use.
GRADE, EXISTINGThe vertical location of the existing ground surface prior to excavation or filling.
GRADE, FINISHEDThe ground elevation of the finished surface adjoining the exterior walls of a building after construction.
GROOMING SHOPA commercial establishment where domestic animals are bathed and groomed, excluding daytime and/or overnight boarding or care.
GROSS DENSITYThe ratio between total number of dwelling units on a lot and total lot area in acres, the area to include all the land within the lot boundaries, including any private roads, recreation areas and drainageways.
HOME OCCUPATIONA business activity conducted within a residence that is conducted by the person(s) who resides in the dwelling and is clearly subordinate to the residential use of the building and property and which is not detrimental to the residential character of the lot on which said home occupation is conducted or of the surrounding neighborhood
HOTELA use offering lodging accommodations, in individual rooms or suites, for occupancy by transient guests and which may include accessory services such as meeting rooms, dining facilities and personal fitness and recreation facilities.
[Amended 11-28-2018 by Ord. No. 3680]
INSTITUTIONA nonprofit, religious, or public use, such as a religious building, library, public or private school, hospital, or government-owned or -operated building, structure, or land use for public purpose.
JUNKYARD or SALVAGE YARDA facility or area for storage, collection, processing, purchase, sale, salvage, shredding, baling, or compressing of discarded material or equipment and machinery, including, but not limited to, scrap metal, textiles, rubber tires, plastic, paper, glass, lumber and products resulting from wrecking or salvage of vehicles.
KENNELAny premises, or portion thereof, where dogs, cats and other household pets are maintained, boarded, bred, or cared for, or are kept for the purpose of sale.
LOTA tract of land, designated by metes and bounds, land survey, minor land division or plat, to be used, developed, or built upon as a unit, under single ownership or control.
LOT AREAThe area of a horizontal plane bounded by lot lines.
LOT, CORNERA lot abutting two or more streets at their intersection.
LOT COVERAGEThe part or percent of the lot occupied by buildings or structures, including accessory buildings or structures, and patios, porches, decks and steps eight inches or more above grade.
LOT DEPTHThe average distance between the front lot line and the rear lot line.
LOT LINE, FRONTThe boundary of a lot which abuts a dedicated public street or private street. Where a lot abuts two or more dedicated public streets or private streets, all lot lines facing a street shall be considered a front lot line. In the case of a land-locked lot, the front lot line shall be that lot line that faces the access to the lot.
LOT LINE, REARThat boundary of a lot which is opposite or most nearly parallel to the front lot line. In the case of an irregular or triangular shaped lot, the rear lot line is a line 10 feet in length within the lot lines, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDEAny boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORDA lot that exists as shown or described on a plat or deed in the records of the office of the Register of Deeds of Fond du Lac County, Wisconsin, prior to the effective date of this chapter.
LOT, THROUGHA lot having a frontage on two more or less parallel streets and which is not a corner lot. Both street lines shall be deemed front lot lines.
LOT WIDTHThe distance between the side lot lines of a lot measured along the front yard setback line.
MAIN BUILDING FACADEThat portion of a building or structure which is parallel or nearly parallel to the abutting street. For buildings which front on two or more streets the main building facade shall contain the main entrance to such building.
MANUFACTURED HOMEA factory-built single-family structure that meets the Federal Manufactured Home Construction and Safety Standards Act (42 U.S.C. §
5401) which, when placed on a site, is set on an enclosed foundation, is installed in accordance with the manufacturer's instructions, and is properly connected to utilities.
MANUFACTURINGA use engaged in the fabricating, processing, assembly, repair, production, finishing, altering, cleaning, servicing or testing of materials, goods, or products.
MARQUEE or CANOPYA roof-like structure of a permanent nature which projects from the wall of a building.
MOBILE HOMEA structure fabricated in a manufacturing facility designed to be towed or transported and used as a residential dwelling, not including a unit used primarily for camping, touring or recreational purposes.
MOBILE SERVICE, COMMUNICATIONHas the meaning given in 47 U.S.C. §
153(33).
[Added 6-25-2014 by Ord. No. 3552]
A. ANTENNACommunications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
B. CLASS 1 CO-LOCATIONThe placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
C. CLASS 2 CO-LOCATIONThe placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
E. DISTRIBUTED ANTENNA SYSTEMA network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
F. EQUIPMENT COMPOUNDAn area surrounding or adjacent to the base of an existing support structure within which are located mobile service facilities.
G. EXISTING STRUCTUREA support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the City.
H. FALL ZONEThe area over which a mobile support structure is designed to collapse.
I. HEIGHTThe distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas and protection devices (e.g., lightning rods).
J. MOBILE SERVICE FACILITYThe set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
M. PERMITA mobile service zoning permit or a special use permit issued by the City which authorizes any of the following activities by an applicant:
(3) The construction of a mobile service support structure.
N. SEARCH RINGA shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors to include topography and the demographics of the service area.
O. SUBSTANTIAL MODIFICATIONThe modification of any mobile service support structure, including the mounting of an antenna on such a structure that does any of the following:
(1) For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
(2) For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
(3) Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.
(4) Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
P. SUPPORT STRUCTUREAn existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
MODULAR HOMEA structure or component thereof which is intended for use as a dwelling and is of closed construction and fabricated or assembled on site or off site in manufacturing facilities for installation, connection, or assembly and installation at the building site, or is a building of open construction which is made or assembled in manufacturing facilities away from the building site for installation, connection, assembly and installation on the building site and for which certification is sought by the manufacturer. "Modular home" does not mean any manufactured home under §
101.91, Wis. Stats.
NONCONFORMING LOTAny lot lawfully established prior to the adoption, revision or amendment of this chapter which does not comply with all the present regulations of this chapter for the district in which such building or lot is located.
NONCONFORMING STRUCTUREA dwelling or other building that existed lawfully prior to the adoption, revision or amendment of this chapter which does not conform to one or more of the development regulations of this chapter. "Development regulations" means the part of this chapter that applies to elements, including setback, height, and lot coverage.
[Amended 5-14-2014 by Ord. No. 3546]
NONCONFORMING USEA use or activity established prior to the adoption, revision or amendment of this chapter and which does not comply with the permitted use provisions of this chapter as they apply to the district in which such use is located.
NONMETALLIC MININGOperations or activities for the extraction from the earth of mineral aggregates or nonmetallic minerals for sale or use by the operator, including stone, sand, gravel and similar materials, and exclusive of the process of excavation and grading in preparation for the construction of a building, highway, railroad, airport or transportation facility, ponds and dredging.
NURSING HOMEA long-term care facility licensed or approved to provide health care under medical supervision to three or more persons, not members of the governing authority of the facility or its members by marriage, blood or adoption, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease, injury, or mental illness.
OPEN SALES LOTLand used or occupied for the purpose of buying, selling, or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities.
PARKING SPACEAn area, enclosed in a building or unenclosed, reserved for the off-street parking of one motor vehicle and which is accessible to and from a street or alley.
PAYDAY LENDERA business, owned by a licensee, that makes payday loans.
[Added 6-25-2014 by Ord. No. 3552]
PERSONAL SERVICE ESTABLISHMENTA use which caters to customer needs and which may include the incidental sale of products. Personal services include dry cleaning, laundromat, barbershop, beauty salon, nail salon, tanning salon, massage, pet grooming, tattoo or body piercing, and similar service businesses, but not including adult-oriented establishments.
PET SHOPAny establishment, operated separately or in connection with another business enterprise, except a licensed kennel, which buys, sells, or boards any species of animal.
PLANNED DEVELOPMENTA tract of land in single ownership or controlled by a partnership, corporation or cooperative group which is developed as a unit for residential purposes, or with a mix of residential and nonresidential buildings, with all required roadways, parking and loading areas, accessory buildings, open spaces and other site amenities.
RAILROAD RIGHT-OF-WAYA strip of land containing railroad tracks and customary auxiliary facilities for train operations.
RECREATIONAL EQUIPMENTTowed or hauled vehicles for leisure use, such as boats, snowmobiles, cargo trailers not more than eight feet in length, watercraft, and similar vehicles and equipment, except fishing shanties.
RECREATIONAL VEHICLEA self-propelled motorized, towed or hauled vehicle with sleeping facilities and primarily designed as a temporary living accommodation for recreational, camping and travel use, such as a travel trailer, truck camper, tent trailer, or motor home.
SETBACKA. The distance between the nearest wall of a building and any lot line.
B. The distance between the nearest edge of a sign cabinet and any lot line.
SHELTER FACILITYA temporary place of lodging for homeless individuals or families.
[Added 5-14-2014 by Ord. No. 3546]
SHOPPING CENTERA group of retail and service establishments planned, constructed and managed as a total entity and occupying 15 acres of land or greater.
SIGNAny object, device, display or structure, or part thereof, that is used to advertise, identify, display or direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, color, illumination or projected images. National or state flags, window displays (not including window signs), graffiti, athletic scoreboards or the official announcements or signs of government are not considered signs as defined by this chapter. For the purpose of removal, signs shall also include all sign structures as well as the sign face or cabinet.
[Amended 7-22-2015 by Ord. No. 3586]
SIGN, ANIMATEDA sign or part of a sign that changes physical position or light intensity by any movement or rotation to show action or to create a special effect or scene.
SIGN, BANNERA sign of lightweight fabric, paper, plastic or similar material that contains characters, letters, illustrations or ornamentation mounted with or without a frame to a nonpermanent pole or building, excluding ornamental streetscape pennant-type signs attached to public or private light poles that define a recognized neighborhood or district.
[Amended 7-22-2015 by Ord. No. 3586]
SIGN, CHANGEABLE MESSAGEA permanent sign whose informational content can be manually or electronically changed or altered to display messages and advertising that pertain to on-site products or services of a business or use or public service and community event information and/or denote time, day, date and temperature. Includes electronic message center.
SIGN, FLAGAny fabric, plastic or similar material which may or may not contain distinctive colors, patterns or symbols used as a symbol or emblem of any corporation, business, national, organization of nations, state, city, or religious, fraternal, educational or civic organization, and which is displayed for either commercial or noncommercial purposes, excluding wave banners.
[Added 7-22-2015 by Ord. No. 3586]
SIGN, FLASHINGAn illuminated sign where the direct or indirect illumination is not maintained constant or stationary in intensity or color at all times when such sign is in use. This does not include changeable message signs.
SIGN, GROUNDAny sign supported by a freestanding frame or structure, a pedestal structure or one or more masts or poles placed on or anchored in the ground and independent from any building or other structure. Includes pole signs and monument signs.
SIGN HEIGHTThe vertical distance measured from the normal grade to the highest point of the sign, inclusive of all ornamental, architectural or structural elements.
SIGN, LARGE SCREEN VIDEO DISPLAYAn outdoor sign that utilizes full-motion video technology managed for a targeted audience on the property for which the sign serves. Does not include a billboard sign, changeable copy electronic message center, or scoreboard.
[Added 4-25-2018 by Ord. No. 3663]
SIGN, MOVEABLEA sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels.
SIGN, MURALA work of art or painting that is applied to and/or made an integral part of an exterior wall. A mural shall be considered a sign if it contains words, logos, trademarks or any graphic representation of a person, product or service that identifies or advertises a business. Artist signatures shall be allowed and limited to a maximum of two square feet in size. The decorative embellishment of architectural elements of a building is not considered a mural.
SIGN, OFF-PREMISESA wall-mounted or ground sign that directions attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. Includes billboard signs.
SIGN, PROJECTINGA one- or two-faced sign attached to a structure or building perpendicular to the wall and extending more than 12 inches; a blade sign.
SIGN, ROOFA sign mounted on the roof of a building and/or projecting above the top edge or roofline of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof, or the deckline of a building with a mansard roof.
SIGN, SANDWICH BOARDA hinged or unhinged A-frame sign that is temporary in nature and used to promote goods, services or events provided by the business occupying the site for which the sign serves.
SIGN STRUCTUREAny structure or material that supports, has supported, or is capable of supporting or helping maintain a sign in a stationary position, including decorative covers, roofs or embellishments extending above the sign.
SIGN, TEMPORARYA nonpermanent sign or advertising device intended to be displayed for a fixed period of time. Temporary signs and advertising devices include portable message centers, freestanding and/or wall mounted banners, wave banners, streamers, pennants, balloons, inflatable and three-dimensional devices, and similar items.
[Amended 7-22-2015 by Ord. No. 3586]
SIGN, WALLA single-faced sign attached parallel to and within 12 inches of the outside wall of a building.
SIGN, WAVE BANNERA self-supported wing, feather, blade, cone, teardrop, rectangular or similarly shaped flag, with or without a commercial message, mounted on a flexible pole.
[Added 7-22-2015 by Ord. No. 3586]
SIGN, WINDOWA permanent or temporary sign placed inside a window for the purpose of viewing from outside the premises. A window sign does not supersede the transparent purpose of the window.
STORAGE, OUTDOORLand outside any building or roofed area used for the keeping of goods, supplies, raw material, finished products, or vehicles, trailers and similar equipment associated with the land use.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. The floor of a story may have split levels, provided that there is not more than five feet difference in elevation between the different levels of the floor. A mezzanine floor shall be counted as a story when it covers over 1/3 the area of the floor next below it or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story. A half story that provides independent apartment or living quarters shall be counted as a full story.
STREETA dedicated right-of-way affording primary access by pedestrians or vehicles to abutting property. An alley or driveway shall not be considered a street.
STRUCTUREAnything constructed or erected, the use of which requires more or less permanent location on, above or below the ground or attached to something having a permanent location on the ground.
TAVERNAny place in which liquor and fermented malt beverages are sold for consumption upon said premises, but not including restaurants where the principal business is the serving of food.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)A compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity which:
A. Provides a mix of housing styles, types and sizes;
B. Incorporates a system of relatively narrow, interconnected streets, providing for connections to existing and future developments;
C. Retains existing buildings with historical or architectural features that enhance the visual character of the community;
D. Incorporates significant environmental features into the design; and
E. Is consistent with the Fond du Lac Comprehensive Plan.
TRAILER, BUSINESSAny vehicle or portable structure used on a temporary basis in the conduct of business, trade, or occupation and which may be used as a conveyance on streets and highways, by its own or other motive power.
TRAILER, CARGOA towed or hauled vehicle designed and used for the transport of equipment, machinery, vehicles, materials, goods and objects.
TRAILER, RECREATIONALA towed or hauled vehicle with sleeping facilities and primarily designed as temporary living accommodation for recreational use. Includes travel trailer and tent trailer.
USABLE OPEN SPACESpace suitable for recreation, gardens, or household service activities, such as clothes drying. Such space must be at least 75% open to the sky, free of automobile traffic, parking, and undue hazards, and readily accessible by all those for whom it is intended.
USEThe purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and including any manner of performance of such activity with respect to the development and use standards of the City of Fond du Lac.
USE, LAWFULThe use of any building or land that conforms to all of the regulations of this chapter or any amendment hereto and which conforms to all of the codes, ordinances, and other legal requirements, as existing at the time of the enactment of this chapter or any amendment thereto, for the building or land that is being examined.
USE, PERMITTEDA use that conforms to the purposes, objectives, requirements, regulations, and applicable performance standards of a particular district.
USE, SPECIALA use which, because of its unique characteristics, cannot be properly classified in a particular district or districts without consideration in each case of the impact of such use upon neighboring land.
USE, TEMPORARYA use or activity conducted on an intermittent basis not intended to become permanent.
UTILITYA public service for the provision of energy such as electricity, natural gas or heating oil. "Utility" shall include high-voltage or high-capacity transmission lines, whether above or below grade, substations and distribution lines, whether above or below grade.
VARIANCEA modification or variance of the provisions of this chapter where it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of this chapter would cause an undue hardship.
VARIANCE, AREAA modification to a dimensional, physical, or locational requirement, such as a setback, frontage, height, bulk, or density restriction for a structure.
[Added 3-28-2018 by Ord. No. 3661]
VARIANCE, USEThe use of land for a purpose that is otherwise not allowed or is prohibited by this chapter.
[Added 3-28-2018 by Ord. No. 3661]
VETERINARY CLINICAn enclosed building, or portion thereof, designed and used for the care, observation or treatment of domestic animals by or under the supervision of a licensed veterinarian. Animal training, grooming, medical boarding, and day care may be allowed as subordinate activities of the land use.
VISION CLEARANCE TRIANGLEThe triangular approach zones at street intersections intended to allow visibility of approaching traffic, pedestrians and bicycles. The clearance triangle shall be determined by measuring 80 feet along the center lines of intersecting streets from the point of intersection of the same and connecting these points with a line, thus defining a triangular area including right-of-way and property adjacent thereto. The placement or maintenance of any structure, vehicle, sign, landscape plantings, landscape elements, natural growth or other obstruction of view within the vision clearance triangle between four feet and eight feet above the grade of the intersection of street center lines adjacent thereto shall be prohibited. Allowable installations within the vision clearance area include utility and streetlight poles when no safer alternative location is available; trees, saplings or plant species with growth habits which develop no significant foliage which will obstruct view in the four- to eight-foot clearance area; official signs and signals; and on-street parking when traffic controls exist which permit decreased sight lines.
WETLANDSAn area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
WETLANDS, ARTIFICIALA landscape feature where hydrophytic vegetation may be present as a result of human modifications to the landscape or hydrology and for which there is no prior wetland or stream history.
YARDAn open space that lies between a building or structure and the nearest lot line.
YARD, FRONTA space extending across the entire width of a lot between any building and the lot line that abuts a public right-of-way. The front yard shall be determined by the primary mailing address of the lot. Every lot has a front yard. Lots with multiple addresses may have more than one front yard.
[Amended 8-26-2020 by Ord. No. 3721]
YARD, REARA space extending across the entire width of the lot between any building and the rear lot line. A corner lot will have a rear yard and one side yard; the designation of rear yard area shall be at the discretion of the property owner, contingent on compliance with the required side yard setback of the zoning district in which the property is located. A through lot will not have a rear yard.
YARD, SIDEA space extending from the front yard to the rear yard between any building and the side lot line. A corner lot will have one side yard and a rear yard; the designation of the side yard area shall be at the discretion of the property owner, contingent on compliance with the required rear yard setback of the zoning district in which the property is located. A through lot will have two side yards.
YARD, STREETA space extending from the front yard to the rear yard of the public right-of-way and the required building setback. A street yard does not exist adjacent to an alley.
[Added 8-26-2020 by Ord. No. 3721]
ZONING DISTRICTSThe districts into which the City of Fond du Lac, Wisconsin, has been divided for zoning regulations as set forth on the Zoning Map.
ZONING DISTRICT OVERLAYThat zoning classification attached to a given area of land which establishes requirements in addition to or in place of those set forth in the underlying zoning district.