Fond Du Lac City Zoning Code
ARTICLE IX
Special Use Permits
§ 720-63 General provisions.
A.
Those land uses or activities set forth in this chapter as requiring a special use permit are considered to be sufficiently distinctive in terms of their nature, location and impact on the surrounding area as to warrant special evaluation of each individual case. Special use permits shall be issued upon authorization by the Plan Commission. Approval of a special use permit shall be based on a determination that the land use or activity requiring a special use permit complies with specific requirements for certain land uses and activities as may be set forth in this article. The City's decision to approve or deny a special use permit must be supported by substantial evidence [§ 62.23(7)(de)2.b., Wis. Stats.]. Where any person aggrieved wishes to contest the decision of the Plan Commission, the applicant may submit a written appeal to the Board of Appeals.
[Amended 3-28-2018 by Ord. No. 3661; 11-28-2018 by Ord. No. 3680; 2-28-2024 by Ord. No. 3783]
(1)
"Substantial evidence" means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a special use permit and that reasonable persons would accept in support of a conclusion [§ 62.23(7)(de)1.b., Wis. Stats.].
(2)
If an applicant for a special use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or those imposed by the Plan Commission, the City shall grant the special use permit [§ 62.23(7)(de)2.a., Wis. Stats.].
(3)
The applicant must demonstrate that the application and all requirements and conditions established by the City relating to the special use are or shall be satisfied, both of which must be supported by substantial evidence [§ 62.23(7)(de)2.b., Wis. Stats.].
B.
General requirements.
(1)
The land use or activity is to be designed, located and operated so as to protect the public health, safety, welfare and convenience.
(2)
The land use or activity will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(3)
The land use or activity will be compatible with existing adjoining development and the implied character of the zoning district where it is to be located.
(4)
Effective landscaping and visual screening are provided as may be required herein.
(5)
Adequate off-street parking and loading are provided in accordance with this chapter and ingress and egress are so designed as to cause minimum interference with traffic on abutting streets.
(6)
The land use or activity conforms to all applicable regulations governing the zoning district where it is to be located, except as may be otherwise set forth elsewhere in this article.
(7)
Any conditions determined to be necessary to accomplish the purposes of this chapter. Any condition imposed must be related to the purpose of the ordinance and be based on substantial evidence. [§ 62.23(7)(de)2.a., Wis. Stats.]
[Amended 3-28-2018 by Ord. No. 3661]
(8)
Construction of the land use or activity shall begin within one year from the date the permit was granted by the Plan Commission and shall continue with due diligence or the permit shall be null and void. A one-year extension to an approved special use permit may be administratively authorized by the Community Development Department upon submission of a written request setting for the facts which require an extension.
[Amended 11-28-2018 by Ord. No. 3680]
C.
Revocation. Upon determination by the Community Development Department that the conditions and/or stipulations of an approved special use permit have not been completed or have been violated, written notice shall be provided to the party granted the special use permit of the actions necessary for compliance. The notice shall specify that failure to comply with the required conditions or stipulations within 30 days will invalidate the special use permit approval. Failure to comply may cause an order for revocation of the special use permit. This notice of revocation will be served on the party and may be appealed to the Plan Commission. Such appeal shall be submitted in writing to the Community Development Department within 30 days of service of the written notice of revocation.
[Added 7-22-2015 by Ord. No. 3586]
§ 720-64 Specific requirements for certain land uses and activities.
In addition to the above general requirements, other specific requirements shall pertain, as applicable, to certain land uses and activities as follows.
§ 720-65 Mobile home parks.
[Amended 3-25-2015 by Ord. No. 3575; 11-28-2018 by Ord. No. 3680]
No mobile home park may be built or expanded until a proposal meeting the requirement of this section has been approved by the Plan Commission and subject to site plan approval by the Community Development Department.
A.
Environmental standards.
(1)
Size and density. The minimum area allowable for a new park shall be 10 acres and the maximum density of mobile homes within the park shall be seven mobile homes per gross acre. (Gross acreage includes all areas within the approved mobile home park boundaries.) Additions, regardless of size, may be made to any existing mobile home park, provided the proposal has had the approval of the Plan Commission in accordance with this section.
(2)
Mobile home space. Each mobile home space shall be clearly defined and shall abut on an internal street or driveway with unobstructed access to a public street. The minimum mobile home space shall be not less than 4,000 square feet; the minimum width of the mobile home space shall be at least 40 feet at the front building line. Each mobile home space shall contain no more than one mobile home and one accessory structure (i.e., detached garage or storage shed). The maximum size of a storage shed is 100 square feet.
(3)
Separation. Mobile home units may be positioned in a variety of ways within a park, provided that an average separation of at least 20 feet is maintained between units.
(4)
Setback. No mobile home shall be located less than 15 feet from the pavement edge of a private street or 15 feet from the right-of-way of any public street within the mobile home park. A minimum of 30 feet shall be maintained between mobile home units and all park boundary lines, except that at least 50 feet shall be maintained between all units and any park boundary abutting an existing public road or highway. The minimum side/rear yard setback for a detached garage or storage building is two feet.
(5)
Tie-down. Each mobile home shall be placed on a pad, piers or a foundation and shall be secured to the ground by well anchored tie-downs at least on each corner of the unit.
(6)
Mobile home skirting. All mobile homes shall have around their entire perimeters a continuous skirting material of wood, metal, masonry or other suitable durable material within 90 days of occupancy.
(7)
Parking. Two off-street parking spaces shall be provided for each mobile home space. Such parking areas may be located on each individual mobile home space or grouped to serve two or more mobile home spaces.
(8)
Streets, driveways and parking areas. Streets, driveways and parking areas shall be at least 22 feet wide and shall consist of a compacted base at least four inches thick and shall be paved with four inches of concrete or three inches of asphalt.
(9)
Lighting. All streets within the park shall be lighted at night. Freestanding lights shall not exceed 12 feet in height. Lighting shall be confined to the park property and shall not produce glare or wash onto adjacent properties or public rights-of-way.
(10)
Placement of utility lines. All power, telephone and television cable lines shall be located beneath the finished grade of the mobile home park in accordance with the State Electrical Code.
(11)
Required recreation area. A minimum of 8% of the gross site area shall be devoted to recreation. Recreation areas shall be conveniently located to serve all park residents and shall contain not less than 2,500 square feet, nor a dimension of less than 50 feet.
(12)
Required buffers. Mobile home parks shall be surrounded by buffer strips at least 15 feet in depth on the sides and rear and 50 feet in depth along the front; no side or rear buffer is required between adjacent mobile home developments. Buffers shall be attractively landscaped and maintained and shall otherwise be unoccupied except for permitted utility facilities, signs or entrance ornamentations. The inside 35 feet or a fifty-foot front buffer may be used for streets or driveways or recreational facilities.
B.
Expansion of existing mobile home parks. Plans for expansion of existing mobile home parks shall be submitted and approved in the same manner as plans for new parks. Environmental standards for new mobile home parks as set forth in Subsection A shall not be retroactive and shall not be applied to existing mobile home parks operating within the City of Fond du Lac at the time of the adoption of this section, nor shall this section govern existing parks annexed to the City.
§ 720-66 Planned unit development.
A.
Intent. This section is intended to encourage residential and commercial planned unit developments offering greater creativity and flexibility in site plan design than is provided under the strict application of zoning regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Fond du Lac. Planned unit developments may include one or a variety of land uses. Mixed uses may include any combination of residential or commercial uses planned and developed in an orderly and compatible relationship to one another. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with planned and existing uses surrounding the PUD.
B.
Special uses. Any land use not clearly designated by type on the approved final development plan shall be permitted in a PUD only upon issuance of a special use permit.
C.
District standards. The district standards shall be as follows:
(1)
Access. All land uses shall abut on a public street or have adequate access to a public street by means of a private drive. All streets and drives must tie in effectively with the City's existing street system and with those arterial and collector streets proposed in its future land use plan.
(2)
Architectural style. The architectural style of individual structures shall be compatible with other structures in the PUD, with the overall site design and with surrounding land uses.
(3)
Common open space. Whenever possible, common open space shall be linked to the open space areas of surrounding developments. Common open space shall be of a size, shape, location and usability for its proposed purpose. At least 10% of the residential portion of a PUD shall be designated common recreational area(s).
(4)
Density. Density shall be governed by the standards of the zoning district most similar in function to the proposed use. A residential PUD may provide up to a twenty-five-percent increase in the number of units per acre if the PUD provides substantially more site amenities than are found in a conventional residential development. The character, use of existing landscape, design variation and environmental concern of a PUD shall govern the amount of density increase which may be approved.
(5)
Determining standards. Standards for lot area, coverage, setbacks, parking and screening shall be governed by the standards of the zoning district most similar in function to the proposed PUD use. Deviation from those standards may be permitted only if such deviation is consistent with the total design of the development, encourages a desirable living environment and is not detrimental to the welfare of the City.
(6)
Exterior boundary setback. No commercial structure shall be nearer than 50 feet to its side or rear property lines where such line abuts a single-family use.
(7)
Minimum PUD development area. The minimum PUD development area is 10 acres of land in single ownership or control.
(a)
A land use of less than 10 acres may qualify if one or more of the following conditions exist:
[1]
Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features;
[2]
The land is adjacent to or across the street from property which has been developed as a PUD and is to be developed in relationship to such prior development; or
[3]
The PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses.
(b)
Detrimental site features affecting the development potential of a site, such as heavily used highways, railroad tracks traversing a property, adjacent incompatible land uses or others may also justify consideration of an area as a PUD in order to give the design flexibility needed to deal with site constraints.
D.
Environmental review standards and design standards.
(1)
The proposal shall demonstrate an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and physical amenities of the site and the surrounding areas.
(2)
The project shall be planned and developed to harmonize with any existing or proposed development in area surrounding the project site.
(3)
Individual buildings shall be related to each other in design, mass, placement and connection to provide a visually and physically integrated development.
(4)
Treatment of the sides and rear of all buildings within the project shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.
(5)
Landscape treatment for open spaces, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
(6)
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, trash removal facilities and outdoor storage areas. All such facilities shall be designed to City specification.
(7)
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and indicative of their function.
(8)
Parking facilities shall be designed with regard to orderly arrangement, topography, landscaping, and ease of access and shall be developed as an integral part of an overall site design. To reduce unsightliness and the visual monotony of parked cars, such facilities shall be screened from public view.
(9)
Any above-grade loading facility should be screened from public view to the extent necessary to reduce unsightliness.
E.
Final development plan approval. Prior to the issuance of a building permit, the developer shall file with the City of Fond du Lac a security instrument, i.e., a performance bond, acceptable to the City in an amount equal to 150% of the estimated cost of public utilities and infrastructure in accordance with the Subdivision Regulations[1] and paved parking, landscaping, walkways, recreational equipment and lighting in accordance with final development plans. Such bond shall be posted for each phase as it is proposed for development. The estimated cost for termination of each phase shall be retained by the City until subsequent phases are under construction.
F.
Final development plan changes. Any significant changes in the approved final development plan may be made only after a public hearing by the Plan Commission. Minor changes may be approved by the Community Development Department.
[Amended 11-28-2018 by Ord. No. 3680]
G.
Extended stage PUD. It is recognized that certain planned unit developments may involve construction over an extended period of time. If it is proposed to develop a project during a period exceeding two years, the developer may request conceptual approval from the Plan Commission for the entire project.
[Amended 11-28-2018 by Ord. No. 3680]
§ 720-67 Automotive fuel center.
[Amended 11-28-2018 by Ord. No. 3680]
A.
Freestanding canopies with fuel pump islands, uncovered fuel pump islands/fuel dispensers, and outdoor services such as vacuums, tire air, scales, etc., shall be located at least 20 feet from the street property line or as specified by the zoning district in which the property is located, whichever is greater. Where a lot is adjacent to a residential district or property used for residential purposes the minimum setback for a canopy and outdoor services shall be 40 feet from side and/or rear property lines.
B.
When adjacent to a residential district or property used for residential purposes, a landscape setback of not less than five feet shall be provided, including a solid fence not less than six feet in height.
C.
Illuminated building and canopy signage, including neon tubing and other decorative lighting, shall not be utilized on any building or canopy facade that is oriented to face or abut a residential district or property used for residential purposes.
D.
Electronically produced music or amplified sound is prohibited when adjacent to a residential district or property used for residential purposes. In all other cases, electronically produced music or amplified sound is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
§ 720-68 Car wash.
A.
Outdoor services shall be located at least 20 feet from the street property line and 40 feet from side and/or rear property lines.
B.
Adequate site area shall be provided to accommodate vehicles waiting for service.
C.
When adjacent to a residential district or property used for residential purposes, a landscape setback of not less than five feet shall be provided, including a solid fence not less than six feet in height.
D.
Illuminated building signage, including neon tubing and other decorative lighting, shall not be utilized on any building facade that faces or abuts a residential district or property used for residential purposes.
E.
Electronically produced music or amplified sound is prohibited when adjacent to a residential district or property used for residential purposes. In all other cases, electronically produced music or amplified sound is prohibited between the hours of 10:00 p.m. and 7:00 a.m.
§ 720-69 Outdoor amusement and recreation facility.
§ 720-70 Animal hospital, animal boarding, dog park or doggie day care.
A.
Animal boarding shall be confined to an enclosed building.
B.
Outdoor exercise yards, field training areas and trails shall be confined to an enclosed fenced area. Adequate screening shall be provided from the public right-of-way and adjoining properties. Animal waste shall be removed prior to the close of business each day. Odors from outdoor yards and areas shall be abated.
C.
There shall be no outside storage of refuse, feed or other material and no on-site incineration of refuse.
D.
An odor-absorbing air filtration system shall be used.
E.
Owner/operator shall demonstrate that adequate sound absorption shall be used.
§ 720-71 Utility transmission line and substation.
§ 720-72 Mobile service facility.
[Amended 6-25-2014 by Ord. No. 3552]
A.
Application. An application for a special use permit shall contain all of the following information:
(1)
The name, business address, phone number and e-mail address of the applicant and the contact individual.
(2)
The location of the proposed or affected support structure.
(3)
The location of the proposed mobile service facility.
(4)
If the application is to construct a new mobile service support structure, a construction plan shall describe the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(5)
If the application is to construct a new mobile service support structure, an explanation shall describe why the applicant chose the proposed location and why the applicant did not choose co-locations, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(6)
If the application is to substantially modify an existing support structure, a construction plan shall describe the proposed modifications to the support structure and the equipment and the network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
B.
Application process.
(1)
If an applicant submits an application for a special use permit to the Community Development Department to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Department shall consider the application complete. If the Department does not believe that the application is complete, the Department shall notify the applicant, in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(2)
Within 90 days of its receipt of a complete application, the Community Development Department shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Department may agree in writing to an extension of the ninety-day period:
(a)
Review the application to determine whether it complies with the building code and this chapter, subject to the limitations of this section.
(c)
Notify the applicant, in writing, of its final decision.
(d)
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
C.
Tower height. Tower height shall not exceed 200 feet and shall comply with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate mobile service facilities.
D.
Setbacks. The minimum setback of a tower shall comply with requirements of the zoning district in which the tower is located. Guy wires, anchors, supporting equipment and structures shall comply with requirements of the zoning district in which the tower is located.
E.
Co-location. Any proposed tower shall be structurally and electrically designed to accommodate one or more antennas for multiple users.
§ 720-73 (Reserved) [1]
[1]
Editor’s Note: Former § 720-73, Amplified music; mechanically or electronically produced sound, indoor, was repealed 11-28-2018 by Ord. No. 3680.
§ 720-74 Shelter facility.
[Amended 5-14-2014 by Ord. No. 3546]
No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy or exercise control of any building, structure, premises, or portion or part thereof for a shelter facility within 300 feet of any elementary school (whether public or private). For the purpose of determining distance, the measurement shall be from the nearest exterior wall of the building which the shelter will occupy to the nearest exterior building wall of the elementary school being measured.
§ 720-75 Billboard/off-premises advertising.
The following criteria shall be considered:
A.
The relationship of the proposed digital multiple message sign location to other off-premises signs, existing man-made and/or natural features and surrounding development.
B.
The impact of the proposed digital multiple message center on existing residences in the surrounding area.
C.
The impact of the proposed digital multiple message sign on the development or redevelopment of the parcel on which it is proposed to be located.
D.
The impact on the surrounding area and future rights-of-way as designated by the Comprehensive Plan and/or the Official Map.
§ 720-76 Bed-and-breakfast inn.
A.
The dwelling which the bed-and-breakfast occupies shall be the principal residence of the operator/owner and said operator/owner shall live on the premises where the bed-and-breakfast operation is active.
B.
Breakfast shall be the only meal served to overnight guests.
C.
On-site parking in accord with Schedule IX shall be provided.[1]
[1]
Editor's Note: Schedule IX is included as an attachment to this chapter.
§ 720-76.1 Payday lenders.
[Added 6-25-2014 by Ord. No. 3552]
The minimum criteria are required pursuant to Wis. Stats. § 62.23(7)(hi):
A.
No payday lender shall be located within 1,500 feet of another payday lender.
B.
No payday lender shall be located within 150 feet of a single-family or two-family residential zoning district.
C.
Determination of distance.
(1)
For the purpose of determining the distance between a payday lender and any use set forth in Subsections A and B above, the measurement shall be from the nearest lot line, that is the legal boundaries of a parcel of property, of the parcel upon which the use is located and then along the nearest public street or streets to the nearest lot line of the use being measured.
(2)
In the circumstances of a shopping center, for the purpose of determining the distance between a payday lender and any use set forth in Subsections A and B above, the measurement shall be from the nearest building wall of the commercial building space of the parcel upon which the use is located to the nearest building wall of the principal use being measured.
§ 720-76.2 Dwelling units; Office Zoning District.
[Added 12-10-2014 by Ord. No. 3568; amended 7-22-2015 by Ord. No. 3586; 2-28-2024 by Ord. No. 3783]
A dwelling unit(s) may be allowed in a nonresidential building, provided that such dwelling unit(s) distinctly and physically separate from a nonresidential use(s) in the building. A nonresidential building may be converted to a residential building with ground floor dwellings, provided that such building is adjacent to or in the near vicinity of other residential uses. Off-street parking spaces required in Article X shall be provided on the same lot.
§ 720-76.3 Dwelling units; C-2 Zoning District.
[Added 7-22-2015 by Ord. No. 3586]
A dwelling unit(s) in a C-2 district may be allowed, provided that such dwelling unit(s) is located entirely above the ground floor of a building and is distinctly and physically separate from a nonresidential use(s) in the building, and provided that such building and dwelling unit is adjacent to or in the near vicinity of other similar development. A dwelling unit(s) shall conform to all housing, building, heating, electrical, plumbing and fire protection regulations in effect and which apply to new construction. Off-street parking spaces required in Article X shall be provided.
A.
For lots five acres or greater, residential densities shall be 12 to 40 units per net acre.
[Added 3-23-2022 by Ord. No. 3750]
§ 720-76.4 Hospital.
[Added 11-28-2018 by Ord. No. 3680]
A special use permit is required for a hospital and ancillary services such as clinics, offices and parking lots, when located within 200 feet of a property zoned for residential use or property used for residential purposes.
§ 720-76.5 Hotel.
[Added 11-28-2018 by Ord. No. 3680]
A special use permit is required for a hotel when located within 200 feet of a property zoned for residential use or property used for residential purposes. In addition to the standards for site plan approval described in § 720-12, the following apply:
A.
The principal entrance to a hotel, and/or the accommodation for vehicular access for guest registration, shall be situated on the building elevation that does not face an adjacent residential property or a residential use.
B.
On-site parking spaces shall not be sited along a lot line that is adjacent to or directly visible to a residential property or residential use. Parking spaces shall be configured to prevent the light and glare of vehicle headlights onto a residential property.
C.
A solid eight-foot-high fence shall be constructed along a lot line(s) that borders property zoned for residential use or used for residential purposes. The fence requirement is in addition to the required landscape setback. Acceptable materials include decorative masonry, wood, or vinyl. The use of chain link fencing or similar materials is not permitted.
D.
The siting of an enclosure for trash and recycling receptacles is not permitted along a lot line that is adjacent to a residential property or a residential use.
E.
Wall signage, including lettering, corporate logos, decorative graphics, illuminated graphics, and illuminated sign bands, is limited to the main building facade that faces a public street.
F.
Roof lighting and building fascia and soffit lighting, including decorative neon tubing/lighting, is not allowed.
G.
Wall lights on a facade that faces a residential property or a residential use shall be placed within the first story area of the structure and positioned to avoid shine and/or glare onto nearby properties.
H.
Determination of distance. For the purpose of determining the distance between a commercial property and land that is zoned for residential use or used for residential purposes, the measurement shall be from the nearest lot line, that is the legal boundaries of a parcel of property, of the parcel upon which the hotel would be located and then along the nearest public street or streets to the nearest lot line of the use being measured.
§ 720-76.6 Club or lodge, private.
[Added 8-28-2024 by Ord. No. 3797]
A.
Club or lodge, private are not allowed within 200 feet of a residential district or residential use.
B.
Windows. No more than 25% of any window may be covered by signage or window coverings. Window coverings should be of material manufactured for such purpose, such as curtains, shades or blinds. The use of scrap lumber, plywood/OSB, or plastic bags, garbage bags, tarps, miscellaneous households items such as bedsheets or other unapproved materials is prohibited. Window coverings will be complementary to the architecture and aesthetics of the building.
C.
A trash receptacle will be placed adjacent to each entry point.