City of Lancaster, WI
Grant County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No. 2005-06 as Ch. 23 of the 2005 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Historic preservation — See Ch. 257.
Licenses and permits — See Ch. 290.

§ 172-1 Permits required.

A. 
General permit requirement. No building, plumbing or electrical work shall be performed in the City unless a permit therefor is obtained as required in this chapter.
B. 
Payment of fees. All fees shall be paid to the City Clerk/Treasurer. A receipt showing that such fees as prescribed by ordinance have been paid shall be presented to the Building Inspector before the Inspector shall issue a building, electrical or plumbing permit.
C. 
Permit lapses. A building, electrical or plumbing permit shall lapse and be void unless operations under the permit are commenced within six months from the date of issuance thereof.
D. 
Revocation. If the Building Inspector shall find at any time that any ordinances, laws, orders, plans and specifications are not being complied with, and that the holder of the permit refuses to conform after a written warning or instruction has been issued to him, he shall revoke the building, electric or plumbing permit by written notice posted at the site of the work. When any such permit is revoked, no person shall do any further work thereunder until the permit is reissued, excepting such work as the Building Inspector may order to be done as a condition precedent to the reissuance of the permit or as he may require for the preservation of human life and safety or property.
[Amended 11-17-2014 by Ord. No. 2014-05]
E. 
Report of violations. All City employees shall report at once to the Building Inspector any building, electrical or plumbing work which is being carried on without a permit as required by this chapter.
[Amended 11-17-2014 by Ord. No. 2014-05]
F. 
Records. The Building Inspector shall keep a record of all permits, fees and inspections and shall make an annual report.
G. 
Appeals. A person aggrieved by any decision by the Building Inspector under this chapter shall have the right to appeal therefrom to the Zoning Board of Appeals of the City of Lancaster in the same manner and with the same force and effect as provided for other appeals to said Board.

§ 172-2 Building Code.

A. 
Building permits and inspection.
(1) 
Permit required. No building or any part thereof shall hereafter be erected within the City or ground broken for the same, except as hereinafter provided, until a building permit therefor shall first have been obtained from the Building Inspector by the owner or his authorized agent. The term "building" as used in this section shall include any building or structure and any enlargement, alteration, heating or ventilating installation, moving or demolishing or anything affecting the fire hazards or safety of any building or structure.
(2) 
Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector and shall state the name and address of the owner of the land, and also the owner of the building, if different, and the legal description of the land upon which the building is to be located, and shall contain such other information as the Building Inspector may require for effective enforcement of this section.
(3) 
Plans. With such application there shall be submitted a complete set of plans and specifications as required in the Wisconsin Administrative Code, Uniform Dwelling Code. Plans for buildings required to comply with the State Commercial Building Code shall bear a stamp of approval from the Department of Safety and Professional Services. Applicants for permits for buildings not subject to the Uniform Dwelling Code or State Commercial Building Code shall submit building plans which include a plot plan, floor plan and elevations the same as required for one- or two-family dwellings under the Uniform Dwelling Code.
[Amended 11-17-2014 by Ord. No. 2014-05]
(4) 
Waiver of plans. If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations, repairs or moving provided the cost of such work does not exceed $2,000.
(5) 
Approval of plans. If the Building Inspector determines that the proposed building will comply in every respect with all ordinances of the City and all applicable laws and orders of the state, he shall officially approve and stamp the set of plans and return it to the owner and shall issue a building permit therefor 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 and orders, or which involves the safety of the building or occupants, except with the written consent of the Building Inspector. In case adequate plans are presented for only part of the building, the Building Inspector may, at his discretion, issue a permit for a part of the building before receiving the plans and specifications for the entire building.
(6) 
Exceptions. The following repairs, alterations and improvements to existing buildings which do not involve enlargements, changes in structural strength, ventilation, fire protection or changes in electrical or plumbing systems are exempt from requirements for issuance of a building permit:
(a) 
Painting.
(b) 
Replacing floor, wall or ceiling coverings.
(c) 
Replacement of gutters, eaves or downspouts, exterior siding, soffit, and window replacement.
(d) 
Installation of household appliances which does not require rewiring or changes in plumbing.
(e) 
Tuck pointing or other repairs to existing masonry surfaces.
(f) 
Replacing window glass.
(g) 
Re-roofing which does not involve new structural support or replacement of existing structural support.
(7) 
Fees. The fees for building permits shall be as adopted by ordinance of the Common Council from time to time and on file in the office of the City Clerk/Treasurer and Building Inspector.
(8) 
Inspection of work. The builder shall notify the Building Inspector when ready, and the Building Inspector shall inspect all buildings upon completion of the foundation forms, or before the foundation is laid, and again when ready before wall covering is applied. After completion, he shall make a final inspection of all new buildings and alterations.
[Amended 11-17-2014 by Ord. No. 2014-05]
(9) 
Late penalty fee. Any property owner or individual required to obtain a building permit under the provisions of the Building Code for the City of Lancaster, Wisconsin, who does not obtain said permit prior to the commencement of construction shall be assessed a late penalty fee of double the normal permit fee assessed for such construction activity. This permit fee and penalty shall be assessed and paid in full prior to the Building Inspector issuing a building permit and prior to the continuation of any construction that has been commenced.
B. 
Uniform Dwelling Code.
(1) 
Chapters SPS 320 to SPS 325, Wis. Adm. Code, the Uniform Dwelling Code, as adopted and effective December 1, 2002, and all amendments thereto, are adopted and incorporated in this chapter by reference. The Uniform Dwelling Code shall apply only to the construction and inspection procedures for all new construction and shall not apply to additions or alterations to existing buildings except as specified elsewhere in this chapter.
(2) 
The Building Inspector and his delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code.
C. 
Portions of state code adopted. The State Commercial Building Code is hereby adopted and made a part of this chapter with respect to those classes of buildings to which this code specifically applies.
[Amended 11-17-2014 by Ord. No. 2014-05]
D. 
New methods and materials. All materials, methods of construction and devices designated for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the Department of Safety and Professional Services for use in buildings or structures covered by the State Commercial Building Code, except sanitary appliances which shall be approved in accordance with the State Plumbing Code. Such materials, methods of construction and devices, when approved, shall be installed or used in strict compliance with the manufacturer's specification and any rules or conditions of use established by the Department of Safety and Professional Services. The data, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Department of Safety and Professional Services.
[Amended 11-17-2014 by Ord. No. 2014-05]
E. 
Unsafe buildings. Whenever the Building Inspector finds any building or part thereof within the City to be, in his judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, he shall order the owner to raze and remove such building or part thereof, or if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 172-3 Moving buildings.

A. 
Moving permit required. No building or structure shall be moved into or within the City without first obtaining a permit therefor from the Director of Public Works, such permit to be issued only upon compliance with the provisions hereof and with other provisions of this Code, if any, relating thereto.
[Amended 11-17-2014 by Ord. No. 2014-05]
B. 
Application for moving permit. Application for such permit shall be made to the Committee on a form provided by the Building Inspector. Such form shall describe the building to be moved; present location of the building; proposed location to which the building is to be moved; name and address of mover engaged; streets or other routes over which the building is to be moved; the date and time such moving will take place and the approximate length of time required therefor; and any other information, data or maps reasonably required by it to make a determination on the issuance of such permit.
C. 
Moving permit fee. No such permit shall be issued until the applicant has paid to the City Clerk/Treasurer a fee therefor in an amount as provided in the City's Fee Schedule, and in addition thereto, where police protection for control of traffic or other City personnel will be required, either for public safety or for the protection of the property, to expand substantial additional time in connection with such move, then the fees herein set forth shall be increased to cover the cost to the City thereof.
[Amended 11-17-2014 by Ord. No. 2014-05]
D. 
Requirements for house moving permit.
[Amended 11-17-2014 by Ord. No. 2014-05]
(1) 
No permit shall be granted for the moving of any building or structure or portion thereof which is deteriorated or damaged to an extent greater than 50% of the assessed valuation of said building.
(2) 
No permit shall be granted for moving of any building or structure where either the exterior architectural appeal or functional plan of such building would be so at variance with the exterior architectural appeal or functional plan of buildings already constructed in the immediate neighborhood, or shall be otherwise at variance with the character of the said district to which it is being moved, so as to cause a substantial depreciation in the property of said neighborhood or district.
(3) 
No such permit shall be issued unless the proposed use and location of said structure when moved will comply with all other applicable ordinances of said City.
(4) 
Where the issuance of such permit is conditioned upon alterations or improvements to be made in such structure after such moving is completed, said Director of Public Works may require a bond or other suitable guarantee to the City that such alterations will be completed within a reasonable time thereafter. The term "reasonable time" herein means a period which is fair under the existing circumstances taking into consideration the amount and kind of alterations, the time of year, the availability of personnel required to make same, and other similar pertinent factors.
(5) 
No such permit shall be issued unless all reasonable precautions are made so that such moving may be done with reasonable safety to other property and persons and the applicant shall have furnished to the City a written memorandum of insurance showing public liability insurance coverage in the minimum amounts of $200,000 for injury to any person, $300,000 for total personal injury, and $100,000 for property damage.
E. 
Time limitation. Such permit shall be valid only for the date and hour and on the routes which have been approved and are set forth in said permit and no variations therefrom shall be permitted unless such variation shall have been authorized by said Director of Public Works.

§ 172-4 Electrical Code.

A. 
State Electrical Code applies. All electrical work, including the placing of wires and other equipment, shall conform to the State Electrical Code and amendments and revisions which may be adopted in the future which is hereby made a part of this chapter by reference.
B. 
Electrical Code permit. No electric wiring or other equipment shall be installed or altered without first securing a permit therefor from the City Building Inspector, except that repairs or replacements of broken or defective sockets, switches or base receptacles may be made without a permit. The application for such permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made and equipment and materials to be used, and all later deviations from such plan must be submitted to and approved by the Building Inspector. A fee per outlet shall be charged for the permit according to the fee schedule ordinance adopted by the Common Council from time to time and on file in the office of the City Clerk/Treasurer and Building Inspector.
C. 
Inspection of work. After roughing in the wiring of any building, and before any such work is covered up, or upon completion of any outside wiring construction work, it shall be the duty of the person doing such work to notify the Building Inspector, who shall at once inspect or cause to be inspected the same. Upon completion of such wiring, the Inspector shall be notified and shall inspect or cause to be inspected the finished work. If he finds that the work conforms to the State Electrical Code, he shall issue a certificate of compliance which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed by location in the office of the Building Inspector. No person shall use any such electrical equipment until such certificate has been issued.

§ 172-5 Plumbing Code.

A. 
State plumbing code applies. The construction, reconstruction, installation and alteration of all plumbing, drainage and plumbing ventilation shall conform to the State Plumbing Code and amendments and revisions which may be adopted in the future, which is hereby adopted by reference as a part of this chapter.
B. 
Plumbing permit. No plumbing or drainage of any kind shall be installed or altered without first securing a permit therefor from the Building Inspector, except that leakage or stoppage repairs and replacement of existing toilets or sinks where existing piping is not affected may be made. The application for such permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made and equipment and materials to be used. All later deviations from such plan shall be submitted to and approved by the Building Inspector. A fee per fixture shall be charged for the permit according to the fee schedule ordinance adopted by the Common Council from time to time and on file in the office of the City Clerk/Treasurer and Building Inspector.
[Amended 11-17-2014 by Ord. No. 2014-05]
C. 
Inspection of work. Upon completion of the plumbing work on any premises, the person doing such work shall notify the Building Inspector before such work is covered up, and the Building Inspector shall at once inspect, or cause to be inspected, the work. If he finds that the work conforms to the State Plumbing Code, he shall issue a certificate of compliance which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed by location in the office of the Building Inspector. No person shall use or permit to be used any plumbing or drainage until it has been inspected and approved by the Building Inspector.

§ 172-6 Flammable liquids.

Chapter ATCP 93, Wis. Adm. Code (Flammable, Combustible and Hazardous Liquids), is hereby adopted by reference as part of this chapter and the Building Inspector shall enforce the provisions thereof.

§ 172-7 Fire district regulations.

A. 
Fire district. All that part of the City included within the following described territory shall be known as the fire district: all of that area included in the municipal boundaries of the City of Lancaster and as amended or changed from time to time.
B. 
Definitions. The terms "fire-resistive construction," "mill construction," "ordinary construction," "frame construction" and "fire-retardant roof covering" shall have the meanings as defined in Ch. SPS 375, Wis. Adm. Code.
C. 
Regulations within fire districts.
(1) 
Requirements. Every building hereafter erected, enlarged or moved within or into the fire district shall be of fire-resistive, mill or ordinary construction, except as otherwise provided by this chapter. Enclosing walls, division walls and party walls shall be of four-hour fire-resistive walls or of construction as provided in Ch. SPS 375, Wis. Adm. Code.
(2) 
Exceptions. No building of frame construction shall be constructed or moved within or into the fire district except the following:
(a) 
Buildings occupied as a private garage, not more than one story in height nor more than 750 square feet in area, located on the same lot with a dwelling, provided that any such building shall be placed at least three feet from the lot lines of adjoining property.
(b) 
Buildings of frame construction, except when used for a high hazard occupancy, not exceeding 2,500 square feet in area when used for a business occupancy, or 1,000 square feet in area when used for other occupancies, nor more than one story in height and having a horizontal separation of not less than 10 feet on all sides. Walls having a horizontal separation of less than 10 feet shall have a fire-resistance rating of not less than one hour.
(c) 
Greenhouses not more than 15 feet in height.
(d) 
Sheds open on the long side, not more than 15 feet in height nor more than 500 square feet in area, located at least five feet from buildings and from adjoining lot lines.
(3) 
Builders' shanties for use only in connection with a duly authorized building operation.
D. 
Bulk oil tanks prohibited. The storage of Class I and Class II flammable liquids, as defined in Ch. ATCP 93, Wis. Adm. Code, in aboveground tanks outside of buildings is prohibited within the fire district.
E. 
Razing old or damaged buildings. Any existing building of frame construction within the fire limits which may hereafter be damaged by fire, or which has deteriorated to an amount greater than 1/2 of its value exclusive of the foundation, as determined by the City Assessor, shall not be repaired or rebuilt but shall be ordered removed by the Building Inspector under the provisions of § 66.0413, Wis. Stats.
F. 
Fire-retardant roofing.
(1) 
Every roof hereafter constructed within the fire district, including buildings listed in Subsection C(2), shall be covered with a roofing having a fire-resistive rating equivalent to "Class B" or better of the Underwriters' Laboratories, Inc., classification in their "List of Inspection Materials," which is hereby adopted by reference and incorporated in this section as if fully set forth herein.
(2) 
No roofing on an existing roof shall be renewed or repaired to a greater extent than 1/10 of the roof surface, except in conformity with the requirements of Subsection F(1) of this section.
G. 
Enforcement authority. The Building Inspector and the Fire Chief are hereby authorized and it shall be their duty to enforce the provisions of this section.

§ 172-8 Violations and penalties.

Except as otherwise provided herein, any person who fails to comply with the provisions of this chapter shall be subject to a forfeiture as provided in § 1-4 of this Municipal Code.