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.
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.
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 or determination made by an administrative
official in the enforcement of this chapter or of any ordinance adopted
pursuant thereto.
(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.
(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, or determination under this chapter by the Building Inspector
or his/her designee.
(2)
An appeal shall be filed with the Building Inspector or his/her designee
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.
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]
[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.
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.
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.
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.
