(a) Permit required.
(1) General permit requirement. No building of any kind shall be moved within or into the village and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed, or used within the village, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his or her authorized agent, from the Building Inspector, or his or her designee.
(2) Alterations and repairs. The following provisions shall apply to buildings altered or repaired.
a. Alterations. When not in conflict with any regulations, alterations to any existing building or structure accommodating a legal occupancy and use, but of substandard type of construction, which involves either beams, girders, columns, bearing or other walls, room, heating and air condition systems, arrangement, light and ventilation, changes in location of exit stairways or exits, or any or all of the above, then such existing construction shall be made to conform to the minimum requirements of this chapter applicable to such occupancy and use and given type of construction.
b. Repairs. Repairs for purposes of maintenance, or replacements in any existing building or structure which do not involve the structural portions of the building or structure, or which do not affect room arrangement, light and ventilation, access to or efficiency of any existing stairways or exits, fire protection, or exterior aesthetic appearance, and which do not increase a given occupancy or use, shall be deemed minor repairs.
c. Alterations when not permitted. When any existing building or structure, which, for any reason whatsoever, does not conform to the regulations of this chapter, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare, and shall be ordered vacated and thereafter demolished, and debris removed from the premises.
d. Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength; failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.
e. Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
(b) Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector, or his or her designee, and shall state the name and address of the owner of the land and also the owner of the building if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put, and such other information as the Building Inspector may require.
(c) Site plan approval.
(1) Site plan approval. All applications for building permits for any construction, reconstruction, expansion, or conversion, except for one- and two-family residences in residential zoned districts shall require site plan approval by the Village Board in accordance with the requirements of this section. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery, and operations to enable the Village Board, or its expert consultants, to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
(2) Administration. The Building Inspector shall make a preliminary review of the application and plans, and refer them along with a report of his or her findings to the Village Board. The Village Board shall review the application and may refer the application and plans to one or more expert consultants selected by the Village Board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Village Board shall authorize the Building Inspector to issue or refuse a building permit.
(3) Requirements. In acting on any site plan, the Village Board shall consider the following.
a. The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
b. The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy, and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
c. The adequacy of the proposed water supply, drainage facilities, and sanitary and waste disposal.
d. The landscaping and appearance of the completed site. The Village Board may require that those portions of all front, rear, and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants, or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent of purposes of this section.
(4) Effect on municipal services. Before granting any site approval, the Village Board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Village Board shall not issue the final approval until the village has entered into an agreement with the applicant regarding the development of such facilities.
(5) Appeals. Denials of building permits continent upon site plan approval may be appealed to the Board of Appeals by filing a notice of appeal with the Village Administrator, Clerk, or highest elected official, as appropriate, within ten days of the denial.
(d) Dedicated street and approved subdivision required. No building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision and required improvements are accepted by the Village Board.
(e) Utilities required.
(1) Residential buildings. No building permit shall be issued for the construction of any residential building until sewer, water, grading, and graveling are installed in the streets necessary to service the property for which the permit is required and a receipt for payment of electrical hookup is presented to the Building Inspector.
(2) Non-residential building. No building permit shall be issued for the construction of any building other than residential until contracts have been let for the installation of sewer, water, grading, and graveling in the streets necessary to service the property for which the permit is requested.
(3) Occupancy. No person shall occupy any building until sewer, water, grading, and graveling are installed in the streets necessary to service the property and a certificate of occupancy shall not be issued until such utilities are available to service the property.
(f) Plans. With such application, there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of proposed structure (to village datum), grade of lot and of the street abutting lot, grade, and setback of adjacent buildings (if the adjacent lot is vacant, submit elevation of nearest buildings on same side of the street), type of monuments at each corner of lot, watercourses, or existing drainage ditches, easements, or other restrictions affecting such property, seal and signature of surveyor, or a certificate signed by the applicant and a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff, and sediment disposition at the building site. Plans, specifications, and plot plans shall be drawn to a minimum scale of one-quarter inch to one foot (fireplace details to three-quarters inch to one foot). One set of plans shall be returned after approval as provided in this chapter. The second set shall be filed in the office of the Building Inspector. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Industry, Labor, and Human Relations. One plan shall be submitted which shall remain on file in the office of the Building Inspector. All plans and specifications shall be signed by the designer. Plans for all new one- and two-family dwellings shall comply with the provisions of Wis. Admin. Code, Chapters SPS 320 through 325.
(g) Waiver of plans; minor repairs.
(1) Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, he or she may waive the filing of plans for alterations, repairs, or moving, provided the cost of such work does not exceed $2,000.
(2) Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating, or air conditioning systems installed therein valued at less than $500, as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light, or ventilation of the building or structure without issuance of a building permit.
(h) Approval of plans.
(1) If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the village and all applicable laws and orders of the state, he or she shall issue a building permit which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws, or orders, or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.
(2) In case adequate plans are presented for part of the building only, the Building Inspector, at his or her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
(i) Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within one year from the date of issuance thereof.
(j) Revocation of permits.
(1) The Building Inspector or the Village Board may revoke any building, plumbing, or electrical permit, certificate of occupancy, or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices, or appliances for any of the following reasons.
a. Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans, and specifications are not being complied with and that the holder of the permit refused to conform after written warning or construction has been issued to him or her.
b. Whenever the continuance of any construction becomes dangerous to life or property.
c. Whenever there is any violation of any condition or provisions of the application for permit or of the permit.
d. Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
e. Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications, or certified lot or plot plan on which the issuance of the permit or approval was based.
f. Whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of all new materials, equipment, methods, or construction devices or appliances.
(2) The notice revoking a building, plumbing or electrical certificate of occupancy or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises, and his or her agent, if any, and on the person having charge of construction.
(3) A revocation placard shall also be posted upon the building, structure, equipment, or premises in question by the Building Inspector.
(4) After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he or she may require for the preservation of life and safety.
(k) Report of violations. Village officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
(l) Display of permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.
(m) Commercial, industrial development. All applicants for a building permit in an industrial or commercially zoned area shall appear before the Planning Commission of the village for review and recommendation to the Village Board.
(n) Projects not requiring an inspection. Fees for building permits on projects that do not require an inspection shall be as follows: A $10 minimum, plus $1 per $1,000 of increased evaluation.
(Prior Code, § 15-1-2) (Res. 2001-4, passed 2-19-2001; Res. 2001-10, passed 5-21-2001)
Cross-reference:
Additional building construction fees, see § 15-1-14