(a) Establishment of Building Grade Required. No person, corporation, or entity shall establish a grade for a building being erected, structurally altered, or relocated under this Section without prior approval of the Building Inspector or Zoning Administrator. This provision applies to all applications for zoning permits, including those for residential zoning districts.
(b) Building Grades.
(1) Elevations for buildings shall be established as based on an average building-to-street height relationship, which shall be a minimum of two (2) feet with a front yard/driveway slope of between one percent (1%) and ten percent (10%). The Building Inspector or Zoning Administrator shall review the information provided regarding the building-to-street height relationship in the information submitted at the time of the zoning permit request.
(2) If the building-to-street height relationship is not provided at the time of the zoning permit request or if verification is necessary, the Building Inspector or Zoning Administrator may require the permit applicant to provide necessary elevations on a plan drawing, prepared by a qualified contractor, land surveyor, or Wisconsin-licensed engineer prior to permit issuance.
(c) Building-to-Height Measurement.
(1) The building-to-height relationship shall be referenced from the curb grade as defined in Article P of this Chapter or the street centerline grade where no curb is present. For streets with significant slope, the average elevation shall be used and is considered
to be the mean of two (2) street elevations taken at the straight projection on the frontage street of the side building lines. Additional information may be required in the cases of non-uniform lot dimensions, non-uniform building lines or reversed comer lots, as determined by the Building Inspector or Zoning Administrator.
(2) The building-to-street height relationship may be dictated as based on existing utility services, such as Village sanitary sewer service. In the case of a conflict between sanitary sewer and street grades, the most restrictive condition shall apply.
(3) The building elevation shall be taken on the finished top of the concrete foundation wall, or the finished garage slab, of the existing or planned building. The Building Inspector or Zoning Administrator shall determine the building-to-street height relationship based on this information and identify the controlling building level where surface stormwater drainage above that elevation would adversely affect exterior or interior building appurtenances. Buildings with walkout designs and partial exposure amenities are considered special conditions which may require more information for review prior to a determination on the application.
(d) Permit Issuance.
(1) If the Building Inspector or Zoning Administrator, upon the review of the application information, determines a potential problem in the site grading or drainage in regard to a neighboring property, the Building Inspector or Zoning Administrator shall notify the applicant and the Director of Public Works. No building permit shall be issued until zoning permit requirements under this Section have been satisfactorily addressed in the plan.
(2) The Village may require the written consent of neighboring property owners regarding the proposed grade-related activity prior to issuance of any permits. The Village does not warranty or assume any liability regarding any grading or drainage problems following the issuance of a permit.
(e) Accessory Building Grades. For any new accessory building, establishment of grade shall be determined per the provisions of this Section, and/or existing or new driveway permit conditions, and/or referenced off the existing principal structure, whichever is more restrictive. While the Village does not enforce restrictive covenants or deed restrictions, these may be reviewed and considered under the permit review process.
(f) Variances. An applicant may request a variance from the requirements of this Section due to unusual or unique circumstances with the property. Such variance requests shall be made prior to the issuance of any applicable permits, and shall be reviewed pursuant to the procedures in Section 13-1-263. The Building Inspector, Zoning Administrator and/or Director of Public Works may make recommendations to the Zoning Board of Appeals regarding the variance request.
(g) Nonconforming Structures. Buildings which are classified as nonconforming structures shall also be subject to the provisions of Article F of this Chapter.