Fond Du Lac City Zoning Code
ARTICLE V
Shoreland-Wetland, Agricultural and Overlay Districts
§ 720-20 Intent.
The general intent of this article is to set forth land uses or activities which are permitted in areas which are environmentally sensitive, are of environmental concern, or are rural in character. This article also sets forth uses which are allowed with special conditions and land uses which must receive a special use permit.
§ 720-21 S-W Shoreland-Wetland District.
The intent of the Shoreland-Wetland District is to prevent and control water pollution; protect spawning grounds, fish and aquatic life; control building sites, the placement of structures and land uses; and to preserve shore cover and the natural beauty adjacent to lakes, rivers and streams and other water bodies. All wetlands and portions of wetlands, regardless of size, which are designated as wetlands on the Wetland Inventory Maps and within the jurisdiction of this chapter shall be regulated. Wetlands of less than five acres, identified with a point symbol on the Wetland Inventory Maps, shall not be regulated under this section unless specific boundaries are approved for such areas and such boundaries are added to the Wetland Inventory Maps. The Shoreland-Wetland District is meant to comply with §§ 62.231 and 281.31, Wis. Stats. The final Wetlands Inventory Map, dated September 18, 1986, is made part of this chapter.
§ 720-22 S Shoreland Overlay District.
The intent of the Shoreland Overlay District is to limit certain land use activities detrimental to shorelands, and to preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation. The Shoreland Overlay District regulations shall apply to a shoreland that was annexed by the City of Fond du Lac after May 7, 1982, and that prior to annexation was subject to Fond du Lac County shoreland zoning provisions under § 59.692, Wis. Stats.
A.
General requirements.
(1)
The Shoreland Overlay District shall affect lands (referred to herein as "shorelands") in the City of Fond du Lac that are:
(2)
Pursuant to § 62.233, Wis. Stats., the Shoreland Overlay District does not include land adjacent to an artificially constructed drainage ditch, pond or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body.
(3)
The minimum shoreland setback area shall be at least 50 feet from the ordinary high-water mark of an adjacent body of water to the nearest part of a building or structure, except piers, boat hoists and boathouses. The construction or placement of a principal building within the shoreland setback area may be permitted if all of the following apply:
(a)
The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building; and
(b)
The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high-water mark, whichever distance is greater.
B.
Vegetative buffer zone.
(1)
A person who is required to maintain or establish a vegetative buffer zone may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary high-water mark.
(2)
A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water. If the vegetation in a vegetative buffer zone contains invasive species or dead, diseased or dying vegetation, the owner of the shoreland property may remove the vegetation; except that if the owner removes all of the vegetation, the owner shall establish a vegetative buffer zone with new vegetation.
§ 720-23 A Agricultural District.
The intent of the Agricultural District is to preserve productive agricultural land for food and fiber production, preserve productive farms by preventing land use conflicts between incompatible uses, maintain a viable agricultural base to support agricultural processing and service industries, reduce costs of providing services to scattered nonfarm uses, pace and shape urban growth, implement the provisions of the Fond du Lac County Farmland Preservation Plan and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Ch. 91, Wis. Stats. This district is also intended to provide for the orderly transition of agricultural land to other uses in areas planned for eventual urban expansion, defer urban development until the appropriate local governmental bodies determine that adequate public services and facilities can be provided at a reasonable cost, and to ensure that urban development is compatible with local land use plans and policies. The agricultural transition zoning classification is meant to comply with the provisions of the Farmland Preservation Law as set forth in § 91.14, Wis. Stats.
§ 720-24 EB-O East Branch Overlay District.
The intent of the East Branch Overlay District is to protect water quality and mitigate potential development impacts along the East Branch of the Fond du Lac River extending from the route of the Highway 151 bypass upstream to the corporate limits of Fond du Lac. The East Branch Overlay District shall include the area within 300 feet of the high-water mark of the river or to the landward side of the floodplain, whichever is greater.
A.
A one-hundred-foot conservancy strip shall be required for any development extending from the ordinary high-water mark of the East Branch of the Fond du Lac River. Land within the conservancy strip shall remain in a substantially undeveloped state in order to conserve natural resources and protect and preserve the amenities of the environment. No cutting or removal of vegetation, grading, filling, ditching or similar work shall be permitted within the conservancy strip.
B.
When land is platted, the public dedication of a portion of shoreland/floodplain land areas shall be required for the development of property along the East Branch of the Fond du Lac River.
C.
Minimum lot width requirement: 150 feet.
D.
Minimum lot depth requirement: 300 feet.
E.
Minimum lot area: 45,000 square feet.
F.
Minimum building setback: 150 feet. The building setback shall be measured from the ordinary high-water mark of the East Branch of the Fond du Lac River.
G.
The development of public and/or private lands shall be subject to on-site stormwater detention and runoff control where:
(1)
The land development activity exceeds a gross aggregate area of three acres or more;
(2)
The land development activity will be a development having a gross aggregate area of at least one acre but less than three acres, having 50% or more of the area as impervious surfaces, including roads, buildings, parking facilities and other improvements; or
(3)
In the opinion of the City Engineer or designee, the runoff from the development will exceed the safe capacity of the existing drainage facilities, or cause undue ditch erosion, or increase water pollution by scour and transport of particles, or endanger downstream properties, or drain surface or storm water onto adjoining properties.
H.
Reduction of the post-development runoff peaks will generally be done by maintaining large amounts of vegetation by various types of detention storage. Detention storage, when used, shall be designed by these criteria:
(1)
Design the outflow structure so that the post-development peak flow rates for the two-year and one-hundred-year storm do not exceed the predevelopment peak flows for the two-year and one-hundred-year storms. If the rounded two-year predevelopment peak flow equals zero, calculate the flow from the unit peak discharge in the TR-55 output table (Q = UPD x DA x inches of runoff).
(2)
Peak rates of flow, runoff volumes, and detention basin designs shall be done using the United States Department of Agriculture, Natural Resources Conservation Service, Technical Release No. 55, Urban Hydrology of Small Watersheds, commonly known as "TR-55."
I.
The rainfall duration shall be 24 hours.
Frequency (years) | Rainfall Amount (inches) | |
|---|---|---|
2 | 2.6 | |
5 | 3.4 | |
10 | 3.9 | |
25 | 4.5 | |
50 | 5.0 | |
100 | 5.6 | |
500 | 6.5 |
J.
Where on-site detention is used for runoff control, the detention facility shall safely detain the runoff volume of the peak discharge as outlined in this section from a one-hundred-year post-development storm. Runoff in excess of the one-hundred-year development condition event must be safely passed. If any portion of the detention area is going to be used for occasional storage of materials or parking, the detention volume must be increased by 10%. Use of a detention area for recurrent storage shall be prohibited.
§ 720-25 WHP-O Wellhead Protection Overlay District.
The intent of the Wellhead Protection Overlay District is to protect the municipal water supply and well fields and to promote the public health, safety and general welfare of the residents of the City. The regulations of this district are based on the City of Fond du Lac Wellhead Protection Plan and shall apply in addition to all other regulations of any zoning district designated in the area. Whenever the regulations in the WHP-O and the underlaying zoning regulations conflict, the more restrictive regulation(s) shall apply.
A. AQUIFER CONE OF DEPRESSION FIVE-YEAR TIME OF TRAVEL MUNICIPAL WATER SUPPLY RECHARGE AREA THIRTY-DAY TIME OF TRAVEL WELL FIELD ZONE OF SATURATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
A saturated, permeable geologic formation that contains, and will yield, significant quantities of water.
The area around a well in which the water level has been lowered at least 1/10 of a foot by pumping of the well.
The recharge area upgradient of the cone of depression from the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.
The municipal water supply of the City of Fond du Lac.
The area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supply groundwater to a well.
The recharge area upgradient of a well, or its cone of depression, from the outer boundary of which is determined or estimated that groundwater will take 30 days to reach a pumping well.
A piece of land used primarily for the purpose of locating wells to supply a municipal water system.
The area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.
B.
Boundaries. The Wellhead Protection Overlay District shall encompass a circular area having the municipal well as its center and extending outward in a twelve-hundred-foot radius therefrom. Minimum separation distances from potential contamination sources, as specified in NR 811.12(5)(d), Wis. Adm. Code, shall be maintained.
[Amended 12-10-2014 by Ord. No. 3568]
D.
Permitted uses. Any land use or activity allowed as permitted in the principal zoning district, except those uses listed as special uses by this section, is permitted.
E.
Special uses. If allowed in the principal zoning district as a permitted land use or activity, or as a special land use or activity, the following uses may be permitted upon authorization of the Plan Commission:
[Amended 11-28-2018 by Ord. No. 3680]
Asphalt products manufacture | |
Automotive service station | |
Bus, truck/motor freight terminal | |
Fertilizer and/or pesticide facility (storage, mixing, loading) | |
Cemetery | |
Chemical processing and manufacture | |
Chemical storage tanks | |
Dry-cleaning establishment | |
Electroplating | |
Exterminating service (storage, mixing, loading) | |
Hazardous and/or toxic waste facilities | |
Industrial pipeline | |
Landfill or waste disposal facility | |
Paint and coating manufacture | |
Petroleum storage tanks | |
Salvage/recycling yards and facilities |
F.
Land use review. The Community Development Department shall review any new land use, and the expansion, modification or replacement of an existing land use, in the Wellhead Protection Overlay District. A determination of suitability shall ensure that the use/activity is consistent with this section and that the proposed use/activity will not be a threat to groundwater contamination.
(1)
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 proposed land use, activity and/or plans. Said written request shall describe the applicant's reason for the request. The Community Development Department shall submit, in writing, its justification and the reasons for not granting approval of the land use, activity, and/or plans. The Plan Commission shall then review the decision and make a determination of suitability.
(2)
Land use review shall be based on the City of Fond du Lac Wellhead Protection Plan and on the presence, use, or storage on the property of hazardous chemicals. Consideration will be given to factors including but not limited to whether the property is in Zone A or Zone B, effective storage or containment of particular hazardous chemicals, and the magnitude and/or frequency of use of the hazardous chemicals. A land use review shall consider:
(a)
The City's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.
(b)
The degree to which the proposed land use practice, activity or facility may seriously threaten or degrade groundwater in the City of Fond du Lac or the City's recharge area.
(c)
The economic hardship which may be faced by the landowner if the land use/activity is denied.
(d)
The availability of options to the applicant, and the cost, effect and extent of availability of such alternative options.
(e)
The proximity of the applicant's property to other potential sources of contamination.
(f)
The existing condition of the City's groundwater public water wells and well fields and the vulnerability to further contamination.
(g)
The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.
(h)
The potential benefit, both economic and social, from the approval of the applicant's request for a permit.
§ 720-26 General provisions.
A.
One-family detached dwelling. Residential dwellings in agricultural districts must have been constructed prior to the effective date of the adoption of this chapter, except where clearly accessory to or associated with agricultural uses. Residential one-family detached dwellings shall be considered accessory to agricultural uses, provided such dwellings are occupied by a person or a family at least one of whom earns a substantial part of his or her livelihood from farming operations on the farm parcel or parents or children of the farm operator. Residential dwellings are not permitted within wetland areas.
B.
Open space and conservation uses. The establishment and development of public and private parks and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private wildlife habitat areas shall be permitted, provided that no filling is done and that any private wildlife habitat area is used exclusively for that purpose. Ditching, excavating, dredging, and dike and dam construction shall be allowed in wildlife refuges, game preserves and private wildlife habitat areas for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
C.
Public utility transmission and distribution lines. The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, are permitted in a Shoreland-Wetland District by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to their members, which cannot as a practical matter be located outside the wetland, provided that any filling, excavating, ditching or draining necessary for such construction or maintenance is done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland.
§ 720-27 Amendments, variances, appeals and special exceptions in Shoreland Overlay District.
A.
For all proposed amendments, variances, appeals and special exceptions to the Shoreland Overlay District, the appropriate area office of the Department of Natural Resources shall be provided with the following:
(1)
A copy of each petition for a text or map amendment to the Shoreland Overlay District within five days of the filing of such petition with the City Clerk;
(2)
Written notice of the public hearing to be held on a proposed amendment, variance, appeal or special exception at least 10 days prior to such hearing;
(3)
A copy of the Community Development Department's findings and recommendations on each proposed amendment, variance, appeal or special exception within 10 days after the submission of those findings and recommendations to the Board of Appeals and/or Plan Commission; and
(4)
Written notice of the Board of Appeals' and/or City Council's decision on the proposed amendment, variance, appeal or special exception within 10 days after it is issued.
B.
A wetland, or a portion thereof, in the Shoreland Overlay District shall not be rezoned if the proposed rezoning may result in a significant adverse impact upon any of the following:
(1)
Stormwater and floodwater storage capacity;
(2)
Maintenance of dry season stream flow, the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;
(3)
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4)
Shoreland protection against soil erosion;
(5)
Fish spawning, breeding, nursery or feeding grounds;
(6)
Wildlife habitat; or
(7)
Areas of special recreational, scenic or scientific interest, including scarce wetland types.
C.
If the Department of Natural Resources notifies the Community Development Department that a proposed amendment to the Shoreland Overlay District may have a significant adverse impact upon any of the criteria listed above, that amendment, if approved by the City Council, shall contain the following provision: "This amendment shall not take effect until more than 30 days have elapsed after written notice of the City Council's approval of this amendment is mailed to the Department of Natural Resources. During that thirty-day period the Department of Natural Resources may notify the City Council that it will adopt a superseding shoreland ordinance for the City under § 62.231(6), Wis. Stats. If the Department does so notify the City Council, the effect of this amendment shall be stayed until the adoption procedure under § 62.231(6) is completed or otherwise terminated."