Fond Du Lac City Zoning Code
ARTICLE XIII
Administration and Enforcement
§ 720-93 Building Inspector.
The Building Inspector of the City of Fond du Lac, or his/her designee, is hereby authorized to administer and enforce the provisions of this chapter, including, but not limited to, the inspection of properties, issuance of permits, and maintenance of appropriate records of all such official actions.
§ 720-94 Building permit.
A.
Except as hereinafter provided, no permit pertaining to the use of land or permit as required by building codes for the erection, enlargement or structural alteration of a building or structure shall be issued by an officer, department, or employee of the City of Fond du Lac unless the application for such permit has been examined by the Building Inspector, indicating that the application complies with the provisions of this chapter. Any building permit or certificate of occupancy issued for an application that is in conflict with the provisions of this chapter shall be null and void.
B.
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. No mobile home permit may be issued for an installation which does not meet the Manufactured Home Site Fire Safety Requirements (setback requirements) of the City of Fond du Lac Fire Protection Code.
§ 720-95 Board of Appeals.
A.
Creation and membership. The Board of Appeals under this chapter is the Board of Appeals which has been duly created by the City of Fond du Lac.
B.
Organization.
(1)
The Board shall have power to adopt rules and regulations for its own government consistent with law and with the provisions of this chapter or of any other ordinance of the City of Fond du Lac.
(2)
Meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson, or in his/her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
[Amended 5-14-2014 by Ord. No. 3546]
(3)
All meetings of the Board shall be public. The Board shall keep minutes of its proceedings showing the action of the Board and the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be a public record.
(4)
The presence of four members shall constitute a quorum. The Board shall act by motion. The concurring vote of a majority of members present shall be necessary to reverse any order, decision or determination of the Building Inspector or his/her designee or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation of this chapter.
(5)
A variance granted by the Board of Appeals shall be valid for a period of one year from the date of the meeting at which such action was taken. If no building permit is applied for within such one-year period, the action of the Board of Appeals shall be null and void, and a new variance must be granted under the normal procedures outlined in this section. A one-year extension may be administratively authorized by the Building Inspector or his/her designee upon submission of a written request setting forth the facts which require an extension. A variance granted under this chapter runs with the land.
C.
Jurisdiction. The Board of Appeals shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or special use permit made by an administrative official or Plan Commission in the enforcement of this chapter or of any ordinance adopted pursuant thereto.
[Amended 2-28-2024 by Ord. No. 3783]
(2)
To hear and decide special exception to the terms of the chapter.
(3)
To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
(4)
Hear and decide all other matters referred to it upon which it is required to act under this chapter.
(5)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of floodplain zoning regulations as provided in § 690-11C of Chapter 690, Floodplain Zoning.
[Added 3-28-2018 by Ord. No. 3661]
(6)
The Board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.
[Added 3-28-2018 by Ord. No. 3661]
D.
Appeals.
[Amended 2-28-2024 by Ord. No. 3783]
(1)
An appeal to the Board of Appeals may be taken by any person, firm or corporation, or by any office, department, board, bureau, or commission, aggrieved by an any decision of the administrative order, requirement, decision, determination or special use permit under this chapter by the Plan Commission, administrative official, Building Inspector or his/her designee.
(2)
An appeal shall be filed with the City Clerk and the Board of Appeals and thereafter processed as prescribed by applicable Wisconsin Statutes. An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board of Appeals, after the notice of the appeal shall have been filed with him/her, that by reason of facts started in the certificate, a stay would in his/her opinion cause imminent peril to life or property.
(3)
Time limit for filing an appeal. Any appeal to the Zoning Board of Appeals under the provisions of this section shall be made per the requirements of Subsection D(4), below, within a period not exceeding 45 days from the date of issuance of an any decision of the administrative order, requirement, decision, determination or special use permit under this chapter by the Plan Commission, administrative official, Building Inspector or his/her designee. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal the Plan Commission, administrative official, Building Inspector or his/her designee's decision.
(4)
An application for an appeal of a any decision of the administrative order, requirement, decision, determination or special use permit under this chapter by the Plan Commission, administrative official, Building Inspector or his/her designee will contain a written statement from the appellant indicating the reasons why an appeal is justified, with specific reference to the findings of the Plan Commission, administrative official, Building Inspector and/or his/her designee. The statement will be dated and signed by the appellant with any supporting documents.
E.
Appeal for a variance.
[Amended 3-28-2018 by Ord. No. 3661]
(1)
The Board of Appeals may, in appropriate cases and subject to appropriate conditions and safeguards, make exceptions to the terms of this chapter in harmony with its general purpose and intent, and in accordance with general or specific rules therein contained. In granting an exception, the Board of Appeals may prescribe any condition that it deems necessary as related to the purpose of this chapter.
(2)
In granting a variance, the Board of Appeals shall find that:
(a)
For a use variance, there is no reasonable use of the property without a variance; and for an area variance there is no practical way for the property owner to accomplish the intended objective of requirements specific in this chapter;
(b)
The variance is not contrary to the public interest;
(c)
The property has a special or unique condition, and the special condition of the property affects compliance with the requirements of this chapter and creates an unnecessary hardship; and
(d)
The alleged difficulty or condition for which an exception is sought has not been created by any person presently having an interest in the property.
(3)
No use variance may be granted within the S Shoreland Overlay District.
(4)
A property owner bears the burden of proving "unnecessary hardship" for an area variance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property for a permitted purpose or would render conformity with this chapter unnecessarily burdensome.
(5)
A property owner bears the burden of proving "unnecessary hardship" for a use variance by demonstrating that strict compliance with this chapter would leave the property owner with no reasonable use of the property in the absence of a variance.
(6)
In all circumstances, a property owner bears the burden of proving that the "unnecessary hardship" is based on conditions unique to the property, rather than considerations personal to the property owner, and that the "unnecessary hardship" was not created by the property owner.
F.
Procedure.
(1)
An application for a variance may be made by any person, firm, corporation, organization or any governmental office, department, board, bureau, or commission which has or is intending to file an application for a building permit under this chapter.
(2)
Where an application for a variance is denied by the Board of Appeals, the petitioner and/or his representative may not submit the same application less than one year from the date of denial.
G.
Revocation. Upon determination by the Community Development Department that the conditions and/or stipulations of an approved variance have not been completed or have been violated, written notice shall be provided to the party granted the variance 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 variance approval. Failure to comply may cause an order for revocation of the variance. This notice of revocation will be served on the party and may be appealed to the Board of Appeals. 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]
§ 720-96 Plan Commission.
[Added 3-28-2018 by Ord. No. 3661; amended 11-28-2018 by Ord. No. 3680]
A.
Creation. The Plan Commission referred to in this chapter is the Plan Commission which has been duly created by the City of Fond du Lac.
B.
Jurisdiction. The Plan Commission shall submit reports and recommendations to the City Council on all applications for amendments to the Zoning Map or regulations of this chapter, except those concerned with a public utility installation. (See § 720-97C.)
C.
Procedure. Procedures on matters pertaining to amendments and special uses under the jurisdiction of the Plan Commission in this chapter shall be in accordance with provisions of § 62.23(7)(d), Wis. Stats.
(1)
Where an application for an amendment to the Zoning Map, Comprehensive Plan, and/or regulations of this chapter is denied by the City Council, the same application may not be submitted less than one year from the date of denial.
(2)
Where an application for a special use permit is denied by the Plan Commission, the same application may not be submitted less than one year from the date of denial.
§ 720-97 Amendments.
A.
Authority. The City Council may, from time to time, in the manner set forth in applicable Wisconsin Statutes, amend the regulations imposed by this chapter, provided that due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantages of the entire City and the uses to which property is devoted at the time of the adoption of such amendments.
B.
Initiation. Amendments may be proposed by the City Council or any member thereof, the Plan Commission, Board of Appeals, or any person, firm, corporation, or organization.
C.
Procedure. Any proposed amendment shall be processed, and notices given, in accordance with the provisions of § 62.23(7)(d), Wis. Stats.
§ 720-98 Fees.
Fees shall be payable to the City of Fond du Lac and shall accompany an application upon submittal of development requests as required by this chapter. Such fees shall be paid in an amount set by resolution of the City Council.
§ 720-99 Enforcement; violations and penalties.
Except as otherwise provided, any person, firm, corporation or organization found to be in violation of any provisions of this chapter or any rule or order promulgated herein shall be subject to a penalty as provided in § 1-4 of this Code.