Fond Du Lac City Zoning Code
ARTICLE IV
General Regulations
§ 720-9 Use requirements.
A.
New uses. Any use of a building, structure or lot established after the effective date of this chapter, or any amendment thereto, shall be for a use which is set forth in Schedule I, II, IV or VI[1] as a permitted use, or a use permitted with special conditions attached, or a use permitted by a special use permit, and shall comply with the regulations applicable to the district in which such building, structure or lot is located.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
B.
Existing uses.
(1)
Where the use of a structure or the use of land existing at the time of the adoption of this chapter is made nonconforming by the provisions of this chapter, the provisions of Article XII shall apply to such use.
(2)
Where the use of a building, structure or lot lawfully exists on the effective date of this chapter, or any amendment thereto, and is classified by this chapter as a use permitted by special use permit in the district where it is located, such use shall be continued as a lawful special use. Any expansion or major alteration of such legally preexisting special use shall require a special use permit issued in accordance with the provisions of § 720-63 of this chapter.
C.
Special uses.
[Amended 11-28-2018 by Ord. No. 3680]
(1)
To provide for the location of land uses or activities within a given district or districts that are sufficiently distinctive in terms of their nature, location and impact on the surrounding area, a classification of special uses is hereby established and specific special uses are listed in the various schedules.
(2)
An application for a special use permit shall be processed in accordance with the procedures set forth in Article IX of this chapter. The Plan Commission may thereafter grant a special use permit when the proposed use is in accordance with such statutory requirements and in compliance with the regulations herein set forth in Article IX.
§ 720-10 Bulk requirements.
A.
New structures. New structures shall conform to the bulk requirements established herein for the district in which each such structure is located (see Schedules III, V and VII).[1]
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
B.
Existing structures. Existing structures shall not be enlarged, reconstructed, structurally altered, converted, or relocated in such a manner as to conflict or further conflict with the bulk regulations of this chapter for the district in which such structures are located, except when permitted in accordance with § 720-91 of this chapter.
[Amended 5-27-2020 by Ord. No. 3708]
C.
Existing residential lot of record. In any district where there exists a legal lot of record at the time of the adoption of this chapter which does not meet the requirements of this chapter as to area, depth or width, such lot may be used for any use permitted in the district in which it is located, upon compliance with all other applicable requirements of this chapter.
D.
Height of structure. No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the structure is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, solar energy systems, or similar equipment required to operate and maintain the structure, and fire or parapet walls, skylights, steeples, flagpoles, chimneys, smokestacks, electric and telephone service poles, water tanks, silos, storage hoppers, elevators or similar structures, if permitted in the district, may be erected above the height limits herein prescribed.
E.
Lot division. No lot shall hereafter be divided into two or more lots unless all lots resulting from each such division shall have lot area, depth and width as required in this chapter. In the case of a lot line adjustment between existing lots of record, the boundaries shall not be changed unless all lots resulting from such modification shall provide lot area, depth and width as required in this chapter.
F.
Yards and open space.
[Amended 4-27-2016 by Ord. No. 3604]
(1)
All yards and open space required by this chapter shall be located on the same lot as the principal structure or use and shall not be less than the minimum specified for the district and the applicable schedule of bulk requirements.
(2)
Nonconforming setback. Where an established building setback is less than required by this chapter, the continuation of such nonconforming setback shall be allowed for the expansion of an existing building; where the established front yard setback of a block is less than required by this chapter, the setback of a new building or structure shall be not less than the average setback of the existing building setbacks on the block of the affected building, provided that:
(a)
On a corner lot or through lot a nonconforming front yard setback shall not be extended past the triangular area of the minimum front yard setback specified for the district for each lot frontage.
(b)
The minimum setback of a garage or carport shall not be less than 20 feet.
(c)
A building addition shall be constructed as an integral part of the existing structure.
G.
Through lots. On through lots, each street right-of-way line is a front lot line and front yard setback requirements shall apply to all buildings and structures. Where the established setback of a block for the yard area opposite the street address of the principal building is less than required by this chapter, the setback of an accessory building or structure may be the average of the existing setbacks, provided that:
H.
Mobile homes. The installation or reinstallation of a mobile home as a residence in a mobile home park shall require the issuance of a mobile home permit by the Building Inspector.
§ 720-11 Accessory buildings and uses.
[Amended 5-14-2014 by Ord. No. 3546; 5-13-2015 by Ord. No. 3581; 10-28-2015 by Ord. No. 3591; 3-28-2018 by Ord. No. 3661; 11-28-2018 by Ord. No. 3680; 5-27-2020 by Ord. No. 3708; 8-26-2020 by Ord. No. 3721; 1-27-2021 by Ord. No. 3730; 2-26-2025 by Ord. No. 3809]
A.
Accessory buildings and uses shall be compatible with, and incidental to, the principal building or use and shall not be established prior to establishment of the principal building or use.
B.
Accessory uses shall not include the keeping, propagation or culture of poultry (except racing, homing, and show pigeons), honeybees (as allowed by § 216-22), chickens (as allowed by § 216-23), rabbits, livestock or other nonhousehold animals, whether or not for profit, except on such lots where the pursuit of agriculture is a permitted principal or accessory use.
C.
The following accessory buildings and uses are permitted and may be obstructions in yards and courts. Accessory buildings and uses not included in the listing as set forth in this subsection or specially permitted by other provisions of this chapter shall not be permitted in required yards and courts.
F | Denotes front yards | |
S | Denotes interior side yards | |
R | Denotes rear yards |
(1)
Arbor or trellis: F, S and R.
(2)
Awning, sign or entry canopy that projects into the public right-of-way: F, S and R.
(a)
The minimum clearance from the bottom of the projecting element or structure to grade shall be at least eight feet.
(b)
The projecting element or structure shall not be situated within the vision triangle or in any way obstruct or impede the vision of pedestrians or motorists.
(c)
No pole or support structure shall impede or impair public safety.
(3)
Bay window projecting not more than three feet into a front yard and not more than two feet into a side or rear yard.
(3.1)
Boathouse: R.
(a)
General.
[1]
A boathouse shall be designed and used exclusively for the storage of watercraft and related equipment. Any accessory construction, including decks/patios/porches, or furnishings not essential for the storage of watercraft and related equipment, and other features inconsistent with boat storage are prohibited. A boathouse shall not be used and/or altered for human habitation and/or occupancy.
[2]
One boathouse is permitted for a single-family residential lot that is a riparian (waterfront) property, where such boathouse is for the personal use of the landowner, and provided that the property does not include any other accessory building, such as a detached garage, garden/storage shed, gazebo, playhouse structure, etc. Contiguous waterfront properties in common ownership shall be considered a single property.
[3]
A boathouse shall be located above the ordinary high-water mark (OHWM) of the adjacent navigable waterway, measured to the nearest part of a building or structure. New construction is limited to a maximum 20% slope.
[4]
Maximum size: 500 square feet. The area of a boathouse shall not be greater than the footprint of the dwelling.
[5]
Height. Maximum height shall not exceed one story or 15 feet, inclusive of decorative architectural elements. Roof slope may not be less than 4:12 (rise to run); the roof of a boathouse may not be used as a deck.
[6]
Setbacks: not less than five feet from a rear or side lot line.
[7]
A boathouse shall provide a garage-type door at least seven feet wide for primary access on the side of the building facing the water. Building design, materials and colors shall match or be complementary to the dwelling.
(b)
The construction of a boathouse, where permitted, in a nonresidential district shall comply with requirements of the zoning district in which the property is located.
(c)
The maintenance and repair of an existing nonconforming boathouse that extends waterward of the OHWM shall meet the requirements of applicable statutes and codes.
(4)
Chickens: R.
(b)
The maximum size of a henhouse shall not exceed 12 square feet. The area of a henhouse shall include the footprint of the structure and any cantilevered area that extends beyond the footprint.
(c)
The maximum size of a covered run shall not exceed 12 square feet.
(d)
The maximum height of a henhouse, including the area of a covered run, shall not exceed eight feet.
(e)
Henhouse construction shall utilize a building design and materials suitable for a residential district. The use of corrugated metal, sheet metal, plastic, pallets, scrap materials, and/or similar materials shall be prohibited. The reuse of storage containers, vehicles or parts thereof, and similar objects for a henhouse shall be prohibited.
(f)
No henhouse or henhouse and outdoor run shall be located within 15 feet of any side and/or rear lot line, and/or be sited to obstruct an existing drainage course or create a drainage problem for the property on which it is situated or for any neighboring property.
(g)
Any henhouse or henhouse and outdoor run that is abandoned or its use discontinued for the keeping of chickens for a period of 12 months shall be removed from the premises by the property owner. Modification of a henhouse or henhouse and outdoor run for some other use shall not be permitted.
(5)
Chimney projecting not more than two feet into a required yard.
(6)
Deck and balcony, aboveground (uncovered platform above the first floor elevation of a building): F, S and R. A projection of four feet from the building shall be permitted where the deck or balcony provides building egress. This provision shall apply only to the remodeling or rehabilitation of an existing building; the construction of a deck or balcony as part of a new building shall conform to setback requirements applicable to the principal structure.
(7)
Deck and porch, ground level (uncovered platform at or below the first floor elevation of a building): F, S and R. A projection of four feet from the building, excluding steps, shall be permitted where the deck or porch provides building egress. This provision shall apply only to the remodeling or rehabilitation of an existing building; the construction of a deck or porch as part of a new building shall conform to setback requirements applicable to the principal structure.
(8)
Eaves and gutters projecting not more than four feet into a front and rear yard and not more than two feet into a side yard.
(9)
Fence, general requirements.
(a)
The requirements of this subsection apply to all fencing, landscape walls and decorative posts equal to, or exceeding, 24 inches in height, for all land uses and activities.
(b)
Materials and design. A fence should be constructed of material manufactured for such purpose, such as naturally decay-resistant and/or pressure-treated wood, vinyl, galvanized and/or coated chain link, or ornamental metal, such as wrought iron. The use of scrap lumber, plywood/OSB, wood or plastic snow fence, chicken wire, plastic material less than 1/2 inch thick, wood pallets or other unapproved materials is prohibited. Fence design should be compatible with the principal structure that occupies the property and consider the character, materials, color, and architectural detail of the principal structure.
[1]
The use of chain-link fencing is prohibited for a single-family condominium development in the R-1 Zoning District and for residential development in the R-3 and R-4 Zoning Districts.
[2]
Fence material not listed above will be subject to approval by the Community Development Department for a determination of suitability relative to the property and the character of the surrounding area.
(c)
Construction. Support posts should be installed according to the manufacturer's instructions. In the absence of such instructions, the following will apply:
(d)
Orientation. The "finished" side of a solid fence should be installed to face an adjacent or abutting property, street or alley. "Finished" means the side of a fence which does not contain any exposed supporting posts, brackets, or framing members.
(e)
Location. A fence may be placed up to a property line. No fence, or part thereof, including any post, supporting member, arbor or access gate, should be constructed on a lot line or extend past a lot line. No fence, or part thereof, may be sited in any wetland area, floodplain floodway, drainageway, regulated natural area, or other similar area.
(f)
Maintenance. All fences and posts should be maintained in a structurally sound manner and in good repair.
(10)
Fence, residential.
(a)
Height, front yard. The maximum height of a fence, including all supporting posts and decorative elements, is four feet. The design of a fence within a required front yard should be at least fifty-percent open.
(b)
Height, side/rear yard. The maximum height of a fence, including all supporting posts and decorative elements, is six feet. Where a side yard and/or rear yard is adjacent to a nonresidential use or property zoned for a nonresidential use, a fence height up to 10 feet is allowed.
(c)
Height, street yard. The maximum height of a fence, including all supporting posts and decorative elements, is six feet, provided the fence does not extend beyond the rear wall of the primary structure, has a minimum right-of-way setback of six feet, and does not obstruct the vision clearance triangle between four feet and eight feet above the grade of the intersection of street centerlines.
(10.1)
Fence, nonresidential.
(a)
Height, front yard. The maximum height of a fence, including all supporting posts and decorative elements, is four feet. The design of a fence within a required front yard should be at least 50% open.
(b)
Height, side/rear yard. The maximum height of a fence, including all supporting posts and decorative elements, is 10 feet.
[1]
The use of barbed wire is permitted on property zoned and used for industrial purposes. Barbed wire may not be installed less than 7.5 feet above finished grade and not cause a fence height greater than 10 feet. The use of razor wire or similar wire is prohibited.
(10.2)
Fence, temporary.
(a)
Wood or plastic snow fence may be used only for the purpose of limiting snow drifting between November 1 and April 1.
(b)
Chain-link and/or plastic fencing may be permitted for the protection of excavation and an active construction site and for the protection of plants during grading and construction.
(11)
Fire escape, open or enclosed, or fire tower required for egress for commercial buildings projecting into a front yard not more than five feet and into an interior side or rear yard.
(12)
Flagpole: F, S and R.
(13)
Garage, carport, or carriage porch, one-family dwelling and two-family dwelling.
(a)
One-family dwelling. One garage attached to or detached from the residential building is allowed for a lot. Additionally, one carport or carriage porch is allowed for a lot.
(b)
Two-family dwelling. One garage, attached to the residential building, is allowed for each dwelling unit; or one garage, detached from the residential building, is allowed for a lot.
(c)
Attached garage.
[1]
Maximum size. The area of a garage shall not be greater than the footprint of the dwelling.
[2]
Height. Garage height shall not exceed the dominant height of the ridgeline of the dwelling.
[3]
The construction of an attached garage, or the alteration or expansion of an existing garage, shall match or complement the architectural design, color, materials, roof shape and roof height of the dwelling. A garage addition or alteration that increases the existing height shall not be taller than the dominant or highest roof ridgeline of the residential structure.
(d)
Detached garage: S and R.
[2]
Maximum size: 850 square feet or cover a ground area not greater than the footprint of the dwelling, whichever is less. Building size shall not exceed the sum of the allowable garage area of 720 square feet plus the area of a garden/storage shed as set forth in Subsection C(21)(b), and provided no other accessory building described in Subsection C(21) is sited on the property. In the case of an existing accessory building, removal of such building shall be required upon completion of the new garage. The construction of uncovered parking in addition to the allowable driveway area shall be prohibited.
[3]
Building height: 15 feet maximum.
[4]
Building setbacks: not less than two feet from any side or rear lot line.
[5]
Building separation: follow fire separation requirements of the Uniform Dwelling Code.
[6]
The front wall of a detached garage shall not extend beyond the front wall of the dwelling.
[7]
The width of a detached garage shall not exceed more than 50% of the lot width.
[8]
Roof gutters and downspouts shall be provided to direct roof water away from adjacent properties.
[9]
Building design, materials and color shall match or be complementary to the dwelling. The alteration or expansion of an existing garage shall match the architectural design, materials and color of the existing building.
(e)
Carport: S and R.
[1]
Maximum size: 10 feet by 20 feet, detached from a dwelling or attached to a dwelling/garage.
[2]
Height: 10 feet maximum.
[3]
Setbacks, side and rear. A carport detached from a dwelling shall be sited not less than two feet from any side or rear lot line. A carport attached to a dwelling shall comply with the setback requirements of the principal building.
[4]
Setback, front. The minimum setback of a carport shall comply with the setback requirements of the principal building, except that the front edge of a detached carport shall not extend beyond the front wall of a dwelling.
[5]
The alteration or expansion of a garage to add a carport shall reflect the architectural design, materials and color of the existing building.
(f)
Carriage porch: F.
[1]
Maximum size: 20 feet by 24 feet; attached to a dwelling.
[2]
Height: Roofline shall not exceed that of the principal structure; clearance shall not exceed 10 feet for a lot 25, 000 square feet or less in area or 12 feet for a lot greater than 25, 000 square feet in area.
[3]
Setback, front. The minimum setback of a carriage porch shall comply with the setback requirements of the principal building.
[4]
Outdoor storage within a carriage porch is prohibited.
(14)
Garage, one-family detached condominium dwellings.
(a)
One garage attached to the residential building is allowed for each dwelling unit.
[1]
Maximum size. The area of a garage shall not be greater than the footprint of the dwelling unit.
[2]
Height. Garage height shall not exceed the dominant height of the ridgeline of the dwelling.
[3]
The construction of a new garage, or the alteration or expansion of an existing garage, shall be compatible with the principal structure's architectural design, materials, color, roof shape and height. Garage additions or alterations that increase building height shall not be taller than the dominant or highest roof ridgeline of the residential structure.
(15)
Garage, multifamily dwellings and two or more two-family dwellings on one lot.
(a)
Maximum size. The area of an attached or detached garage shall not exceed the footprint of the residential structure for which it is intended to serve. Where more than one detached garage is constructed for a multifamily development with more than one residential building, the maximum garage size shall not exceed the footprint of the largest residential structure.
(b)
Height: 15 feet.
(c)
The construction of a garage, or the alteration or expansion of an existing garage, shall match or complement the architectural design, color, materials, roof shape, and roof height of the residential structure(s). An addition and/or alteration of an attached garage that increases the existing building height shall not be taller than the dominant or highest roof ridgeline of the residential structure.
(16)
Gazebo: R.
(a)
General.
[1]
A gazebo shall be designed and used for seasonal recreational purposes only. A gazebo shall not be used and/or altered for sleeping or living quarters, a workshop or studio, a home occupation, or for storage purposes.
[2]
The design, materials and color of a gazebo shall be similar and/or complementary to the principal residential building(s).
[3]
Maximum height shall not exceed one story or 15 feet, inclusive of decorative architectural elements.
[4]
Siting and construction of a gazebo shall not interfere with property drainage.
(b)
One-family and two-family dwellings. One gazebo is permitted per lot, provided that the property does not include any other accessory building, such as a garden/storage shed, playhouse structure, etc.
(17)
Honeybees: R.
(b)
No hive shall be located within 25 feet of any side and/or rear lot line. No hive, stand or box shall be sited to obstruct an existing drainage course or create a drainage problem for the property on which it is situated or for any neighboring property.
(c)
The maximum height of a hive, inclusive of any temporary or permanent stand or foundation, shall not exceed five feet.
(d)
A stand or box where bees are kept shall be constructed and finished in a workmanlike manner of materials suitable for a residential district. The use of scrap, waste board, sheet metal and/or similar materials is not allowed.
(e)
Where needed, a flyway barrier shall be provided parallel to a hive, not more than five feet from a hive, and extending at least five feet from the outer edge of a hive. The flyway barrier shall consist of a solid wood or vinyl fence not more than six feet in height, a solid hedge or dense vegetation, or a combination thereof. The use of corrugated metal, plastic, scrap materials and similar materials, and/or chain-link fencing with slats is not permitted. An artificial barrier may include a garage or garden shed on the property where a hive(s) is located.
(f)
Any hive, stand or box where bees are kept that is abandoned or its use discontinued for a period of 12 months shall be removed from the premises by the property owner. Modification of a hive, stand or box for some other use is not allowed.
(18)
Outdoor wood burning furnace: R. Mechanical equipment designed and intended, through the burning of wood, for the purpose of heating a structure on the premises.
(a)
Permit. A heating permit is required prior to installation. Only a furnace tested and listed by a recognized testing laboratory will be allowed. Electrical wiring to serve an outdoor furnace shall be installed in accordance with the Wisconsin Electrical Code. A site plan indicating the location of the furnace on the property, and information to determine compliance with applicable standards and codes, shall be filed with the permit application.
(b)
Location. One outdoor furnace may be installed on a single-family residential lot, or on a lot used for single-family residential purposes, at least 0.5 acre in size. An outdoor furnace shall be restricted to the rear yard, located not closer than 10 feet to any structure on the premises, and located at least 150 feet from any door, operable window or air intake vent of a building regularly occupied by people on an adjoining lot. Where an adjoining lot is undeveloped, the outdoor furnace shall be located at least 50 feet from a side or rear lot line.
(c)
Chimney height. The maximum height of a chimney shall be not more than 10 feet in height.
(d)
Firewood storage. Firewood shall be stored in the rear yard only. Firewood may be temporarily stored in the front yard for a period of 10 days from the date of delivery. Firewood shall be neatly stacked and not higher than four feet. Not more than four cords of wood shall be stored in the open. A cord of wood is described as four feet by four feet by eight feet. All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises. The open storage of scrap wood, pallets and similar materials shall not be allowed.
(e)
Existing furnaces. An outdoor wood burning furnace installed prior to adoption of this Subsection C(18) may continue to be used indefinitely, except that replacement or modification may occur only upon compliance with all requirements of this Subsection C(18). In the event that compliance with this subsection cannot be achieved for modification or replacement, the furnace shall be removed.
(f)
Abandonment and discontinuance. Any outdoor wood-burning furnace that does not comply with the standards of this Subsection C(18) and is abandoned or discontinued for a period of 12 months shall be removed by the property owner from the subject premises.
(g)
Disconnection or removal. If an outdoor furnace or any part thereof is deemed unsafe, the City Inspector may order that the furnace be permanently disconnected or removed.
(h)
Public nuisance. Dense smoke, noxious fumes, gas and soot, cinders, or live sparks produced by an outdoor furnace that interfere substantially with the comfortable enjoyment of life, health or safety of another person or the public may be declared a public nuisance by a properly designated authority and ordered abated.
(19)
Playground equipment and clothes drying equipment: R.
(20)
Rummage/yard/garage sale, craft sale and similar sales event. Four sales in a calendar year are permitted for a residential property, each event not to exceed three consecutive calendar days in duration.
(21)
Accessory building: garden/storage shed, playhouse structure, and similar structures: S and R.
(a)
General.
[1]
An accessory garden/storage shed building shall be designed and used for the incidental storage of garden/yard equipment and household items.
[2]
The design, materials and color of an accessory building shall be similar and/or complementary to the principal residential building(s).
[3]
Maximum height shall not exceed one story or 15 feet, inclusive of decorative architectural elements.
[4]
Siting and construction shall not interfere with property drainage.
(b)
One-family and two-family dwellings. In addition to an attached or detached garage, one accessory building as defined above is permitted for a lot, not to exceed 100 square feet for a lot 10,000 square feet or less in area; 200 square feet for a lot between 10,001 square feet and 20,000 square feet; and 300 square feet for lots between 20,001 and 30,000 square feet. Where a lot is more than 30,000 square feet in area, an accessory building up 1% of the lot area is permitted, provided that the structure is complementary in design, material and colors to the principal residential building. See also Subsection C(13)(d)[1].
(c)
One-family detached condominiums. One storage building is permitted for property maintenance vehicles and equipment. Building size shall not exceed 400 square feet. Building location shall comply with setback and building separation requirements of the residential structures. See also § 720-33.
(d)
Multifamily dwellings and two or more two-family dwellings on one lot. In addition to a garage(s), recreational building, pool house, and/or gazebo structure, one storage building is permitted for property maintenance vehicles and equipment. Building size shall not exceed 400 square feet. Building location shall comply with setback and building separation requirements of the residential structures. See also § 720-32.
(e)
Commercial and Office Districts. Three total accessory buildings shall be permitted. The maximum total combined gross floor area shall not exceed 25% of the lot area and not exceed the total gross floor area of the principal building(s). Building location shall comply with the required setbacks of their district. Maximum height shall not exceed one story or 15 feet, inclusive of architectural elements. Architectural materials shall match the principal building(s). Buildings shall be used to shelter business vehicles, store maintenance equipment and materials incidental to the principal use of the subject property.
(22)
Sills, cornices and ornamental features of the principal building, projecting not more than 18 inches: F, S and R.
(23)
Solar energy equipment: S and R.
(24)
Steps, open, necessary for access to and from the dwelling or an accessory building, steps as access to the lot from the street, and in gardens or terraces, provided there are no more than eight steps for access to and from a principal or accessory building: F, S and R.
(25)
Swimming pool: S and R.
(26)
Temporary building and/or fence for construction purposes for a period not to exceed such construction and in accordance with plans approved by the Building Inspector: F, S and R.
(27)
Tennis court, private: R.
(28)
Outdoor fireplace: R.
(29)
Accessory Dwelling Units (ADUs).
(a) ACCESSORY DWELLING UNIT (ADU) INTERIOR ADU
Definitions.
An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing principal structure. The unit shall contain permanent provisions for:
A separate dwelling unit located entirely within the principal structure that also includes permanent provisions per § 720-11C(29)(a)[1] through [5], typically an attic or basement suite.
(b)
Eligibility. No more than one accessory dwelling unit will be permitted per lot within residential districts pursuant to the following requirements and special conditions contained within this section:
(c)
Supplemental regulations. All ADUs shall comply with § 720-11, Accessory buildings and uses, and with the following standards:
[1]
The ADU shall have a separate entrance from the principal structure.
[2]
The entryway to the ADU shall be connected with a paved walkway to either a public right-of-way or a private alley with pedestrian accommodations to the public street.
[3]
An ADU shall be considered part of the principal structure on the same lot for the purpose of the bulk building requirements of the district. Any secondary structure connected to the principal structure is considered attached.
[4]
Parking shall meet the district's principal structure parking requirement plus one additional parking space for ADU. Existing parking for the principal structure must be maintained or replaced on-site.
[5]
Water and sewer laterals are required for detached ADUs. Where the sewer and water laterals from the principal structure are inadequate to serve the ADU, then a separate water and sewer lateral will be required.
[6]
Owner occupancy. The property owner must reside in either the primary dwelling or the ADU.
[7]
Rental restrictions. ADUs may be rented, but rental terms shall not be less than 30 days.
[8]
The design, materials, and colors of the ADU shall be compatible with the primary dwelling. Roof pitch, eaves, window proportions, and other architectural features shall match or complement the primary dwelling.
[9]
Structure height shall not exceed 25 feet or the principal structure, whichever is most restrictive. Structures taller than the principal structure will require issuance of a special use permit.
[10]
Accessory dwelling units must comply with all applicable building codes.
§ 720-12 Site plan approval.
[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.
§ 720-13 Vision clearance triangle.
[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.
§ 720-14 Mobile homes; recreational vehicles and equipment; prohibited vehicles and equipment.
A.
Mobile homes. Mobile homes shall not be used for dwelling purposes except in a lawfully established mobile home park. The temporary use of a mobile home shall be permitted upon issuance of a permit by the Building Inspector for the following purposes:
(1)
Use for a temporary office or for storage incidental to a construction project, and only for the period of construction, provided that such mobile home is located on the same or contiguous lot as said construction and moved promptly at the end of construction or upon notice by the Building Inspector.
(2)
Use for a temporary office in a commercial or industrial district, or for temporary classroom space for a school, for a period not to exceed 12 months.
(3)
Use as an interim dwelling in the event a permanent residence has been severely damaged or destroyed, for the period of repair or reconstruction.
B.
Recreational vehicles and recreational equipment. The provisions of this subsection shall apply to any lot in a residential district or any lot used for residential purposes.
(1)
Not more than one recreational vehicle or one item of recreational equipment shall be parked or stored outside of an enclosed building.
(2)
The outdoor parking or storage of a motor home, travel trailer or truck camper shall be restricted to a paved parking area alongside of a garage, where additional paved parking per § 720-79C is provided, and provided that no major repair, disassembly or rebuilding operations are conducted thereon. A tent camper may be stored within the lawn area of a side or rear yard, provided that such camper is not visible to neighboring properties by virtue of location, fencing or landscaping.
(3)
Recreational equipment may be parked or stored outside of an enclosed building within the lawn area of a side or rear yard, or within a driveway when situated so as not to project in front of the front wall of the residence, and provided that such equipment is not visible to neighboring properties by virtue of location, fencing or landscaping, and provided that no major repair, disassembly or rebuilding operations are conducted thereon. The parking or storage of recreational equipment within any front yard area shall be prohibited.
(4)
The temporary outdoor parking of a recreational vehicle or recreational equipment within a driveway or other yard area shall be allowed for the purpose of loading or unloading, washing or general maintenance, for a period not to exceed 72 consecutive hours.
C.
Prohibited vehicles and equipment. The following vehicles and equipment, as well as similar vehicles and equipment, shall not be parked or stored in any residential district or on a lot used for residential purposes, except for the purpose of servicing the premises:
(1)
Vehicles: truck tractor, semi-trailer, independent trailer, commercial walk-in truck, dump truck, commercial flat bed truck, commercial or industrial trailer of any kind, carnival trailer, utility trailer greater than eight feet in length, truck equipped with power attachments or tools (excluding tow truck), school bus, commercial bus, or passenger carrying vehicle which exceeds 21 feet in length.
(2)
Equipment: any special mobile equipment, such as ditch-digging apparatus, asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls, scrapers, power shovels, self-propelled cranes, or earthmoving equipment.
D.
Inoperable vehicles and equipment: any inoperable vehicle, any vehicle or equipment included in Subsections A, B and C above which is not legally registered to operate on a public street, or any dismantled portions thereof shall not be parked or stored outside of an enclosed building on a lot in a residential district or on a lot used for residential purposes.
§ 720-15 Temporary land uses.
[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.
§ 720-16 Outdoor storage.
[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.
§ 720-17 Radio and television antennas and towers.
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)
(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.
§ 720-18 Mobile service facility.
[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.
(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:
(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:
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.
§ 720-19 Building relocation.
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.
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.
§ 720-19.1 Community garden.
[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.
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.