Village of Waterford, WI Article II Additional Building Code Provisions

§ 98-21 Scope of Uniform Dwelling Code expanded.

For the purposes of this chapter, the standards contained in the Wisconsin Uniform Dwelling Code shall be expanded to apply as the standards for construction of the following:

A. Additions, alterations and major equipment replacements for one- and two-family dwellings built prior to the enactment of the Uniform Dwelling Code, and major equipment replacements for one- and two-family dwellings built prior to June 1, 1980.

B. Detached accessory buildings greater than 200 square feet serving one- and two-family dwellings. These structures shall meet the following frost protection for footings and foundations requirements:

(1) Grade-beam slabs are required for structures with a continuous floating slab of reinforced concrete. The slab shall not be less than four inches in thickness. Reinforcement shall be a minimum of six inches by six inches, Number 10 wire mesh or by using 1.5 pounds of fiber mesh per cubic yard of concrete with varying fiber mesh lengths. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below the top of the slab.

(2) Structures not constructed with a floating slab shall have footings and foundations placed below frost penetration level, but in no case less than 48 inches below grade per Wis. Admin. Code ch. SPS 321.

C. Detached accessory buildings less than 200 square feet in size. Concrete slabs, frost-free footings, and the like are not required, but if they are installed they shall follow Subsection B above and/or Wis. Admin. Code ch. SPS 321. Wood bearing beams, walls or members in contact with the ground shall be pressure-treated or decay-resistant-type wood per Wis. Admin. Code § SPS 321.10.

D. (Reserved)

E. Manufactured homes.

(1) Maintenance and replacement of equipment. As set forth in § 98-8, an existing manufactured home shall be maintained to conform with the building code requirements in effect when the home was constructed. Manufactured home maintenance and replacement of equipment in manufactured homes shall be performed in conformance with 24 CFR 3280, Manufactured Home Construction and Safety Standards (HUD Standards), which are hereby adopted for that purpose. No person may replace major equipment in a manufactured home without a permit therefor and compliance with this section.

(2) Alterations and additions. Alterations and additions to manufactured homes constructed since the enactment of the Uniform Dwelling Code are subject to the Uniform Dwelling Code. The scope of the Uniform Dwelling Code is expanded to cover additions and alterations to manufactured homes built before the enactment of the Uniform Dwelling Code. No person may perform additions or alterations to a manufactured home without a permit therefor and compliance with this section.

§ 98-22 Architectural control.

A. Title. This section shall be known as the "Architectural Control Ordinance" of the Village.

B. Purpose. The purpose of this section is to promote the public health, safety and general welfare of the citizens of the Village by regulating the exterior architectural design of structures hereafter built, enlarged, altered or demolished within or moved within or into the Village and by prohibiting structures incompatible with the character of surrounding or neighboring structures constructed or being constructed, thereby maintaining and conserving the taxable value of land and buildings throughout the Village and preventing the depreciation thereof.

C. Building permit issuance contingent on favorable architectural review. No building permit required by this chapter shall be issued unless it has been found by a majority vote of the Plan Commission, upon request for determination by the Building Inspector, and after a view of the site of the proposed structure and an examination of the building permit application, that the exterior will, when erected, not be so at variance with nor so similar to either the exterior architectural appeal and functional plan of structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by Chapter 245, Zoning, as to cause a substantial depreciation in the property values of such neighborhood or within such district.

D. Hearing. The Plan Commission may hear the applicant for the building permit in question and/or the owner of the lot on which it is proposed to erect or move the structure in question, together with any other persons, whether residents or property owners, desiring to be heard, at a regularly scheduled meeting of the Plan Commission. Within 48 hours after the close of the hearing, the Plan Commission shall in writing make or refuse to make the finding required by Subsection C hereof. Such finding and determination shall be in writing and signed on behalf of the Plan Commission by its Chairman, who shall file a copy of such finding and determination in the office of the Village Clerk and shall mail a copy by certified mail to each applicant for the permit in question. The Building Inspector shall issue or refuse to issue a building permit in accordance with the determination of the Plan Commission.

E. Appeal. Any person aggrieved by the finding and determination of the Plan Commission may appeal from such finding to the Village Board pursuant to § 245-56.1 of this Code, such appeal to be in writing setting forth the basis of the appeal and to be filed with the Village Clerk. Such appeal shall be heard at the next regular meeting of the Village Board. On the appeal, in the absence of proof to the contrary, a refusal to grant the building permit shall be deemed to be based upon facts supporting the conclusion that the exterior architectural appeal and functional plan of structures already constructed or in the course of construction in the immediate neighborhood, or the character of the applicable district, as to cause a substantial depreciation in the property values of such neighborhood or within such district.

§ 98-23 Fire break identification requirements.

A. Location of fire walls to be shown on plans. In every instance in which this chapter requires the provision for installation of fire walls or fire breaks, the location of each such fire wall or fire break shall be clearly shown on the architectural plans for the proposed construction.

B. Fire walls to be identified. In conformance with Wis. Admin. Code § SPS 362.0706, Fire Wall Identification, and pursuant thereto, the Village of Waterford shall require owners to identify the location of a fire wall at the exterior wall of a building with a sign as provided therein and in Subsection C below.

C. Sign requirements.

(1) General. The sign shall consist of three circles arranged vertically on the exterior wall marking the location of the fire division wall or occupancy separation wall and centered on the fire division wall or occupancy separation wall. The circles may be affixed directly to the surface of the building or may be placed on a background material which is affixed to the building.

(2) Size of circle. Each circle shall be the same size. The diameter of the circle shall be at least 1 1/2 inches, but no greater than two inches.

(3) Spacing. The circles shall be spaced an equal distance apart. The maximum distance measured from the top of the uppermost circle to the bottom of the lowermost circle shall be 12 inches.

(4) Color. The color of the circle shall be limited to either red, amber (orange-yellow) or white (clear) and shall be reflective. The color of the circle shall contrast with the color of the background.

(5) Location. The top of the sign shall be located on the face of the exterior wall of the building and be located no more than 12 inches below the eave, roof edge, fascia or parapet.

§ 98-24 Antenna facilities.

No antenna facility, including a "dish" antenna 40 inches or more in diameter, an antenna 40 inches or more in diameter or diagonal measurement, an antenna that extends higher than 12 feet above the roofline, or any mast that extends higher than 12 feet above the roofline, shall be erected or placed on any property within the Village until a permit shall have first been obtained from the Village Board. This section does not apply to antenna facilities used for the provision of mobile services: see § 245-17.2 for the regulation of such facilities.

A. Application. Application for an antenna facility permit shall be made in writing to the Village Clerk, who shall in turn submit it to the Plan Commission. With such application, there shall be submitted a fee in an amount set by the Village Board and a complete set of plans and specifications, including a plot plan showing location of the proposed antenna facility with respect to adjoining alleys, lot lines and buildings. If such application shall be approved by the Plan Commission, it shall then be submitted to the Village Board at its next regular meeting for final approval. The Plan Commission shall act on all such applications within a period of 45 days.

B. Location of antenna facilities. In order to protect public safety and the safety of the adjoining residence, any such antenna facility approved for placement within the Village may only be located in the rear yard of a residential lot and at such a distance from the adjoining lots as to prevent encroachment on the adjoining lots in case of collapse. It shall also be placed as close to the residence as is reasonably possible. Placement in other districts shall be approved by the Plan Commission. When determining the location of any antenna facility, distance from power lines and any other safety factors shall be considered and shall be a basis for rejection of a permit or a requirement that the antenna facility be located in a specific location.

C. Connection to electrical lines. All electrical lines, cables and conduits running to or from any such antenna facility shall be buried. If an antenna facility is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits shall also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for permit.

D. Wind pressure. Each antenna facility shall be securely anchored to withstand a maximum wind pressure anticipated, taking into consideration the size, shape and weight of all of its components.

E. Temporary placement. An antenna facility may be placed in a yard on a trial basis for a period not exceeding 10 days.

§ 98-25 (Reserved)

§ 98-26 Street numbers.

The owner of any residential, multifamily, industrial, or commercial building located in the Village of Waterford shall cause to be installed upon said structure applicable identifying street numbers, which shall be assigned by and obtained from the Building Inspector through the office of the Village Clerk, upon request. Said numbers shall be displayed prominently upon the structure to be visible from the street upon which the structure faces, all for the benefit of the public, the providers of public safety services, and the Village management. The Village shall have the right to change existing house numbers, for safety reasons, where errors in street numbering have occurred, and/or where building sites have been inserted between existing properties.

A. New construction. At the time of making application for a building permit for the construction of a structure in the Village of Waterford, the applicant shall obtain street numbers from the Building Inspector, through the office of the Village Clerk, in a form provided by the Village, which cost may be charged to the applicant. Such street numbers shall be installed upon the property prior to the time that occupancy permits are issued and as a condition for such occupancy permit issuance.

B. Existing structures. The owner of any existing residential, multifamily, commercial, or industrial building located in the Village of Waterford shall obtain a street number from the Building Inspector, through the Village Clerk's office, the cost of which street number may be charged to the applicant at the time of its request. Said numbers shall be installed upon the structure in a location visible from the street upon which the structure faces, within 20 days of notice from the Building Inspector of the violation of this chapter by any such building owner. Failure to make such installation within the twenty-day time period shall constitute a violation of this section of the Municipal Code.

C. Location of street numbers. All street numbers shall be located on the face of the building visible from the street upon which the building faces, in near proximity to the main entrance to the structure, and not concealed by building lines, architectural design, shrubbery, or other facades attached to the building. Failure to comply with any term or condition of this section of the chapter shall constitute a violation of this section of the Building, Plumbing, Electrical and Mechanical Code.

§ 98-27 Swimming pools.

A. Defined. "Swimming pool" shall mean any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water of 42 or more inches in depth at any point is contained, or which has a diameter of 10 feet or more. Spas, hot tubs, in-ground, aboveground and public pools are included in this definition.

B. Permits.

(1) Permits required.

(a) The construction of a swimming pool, as defined herein, except as set forth in Subsection B(1)(b), requires evaluation under the Building Code, the Electrical Code, the Plumbing Code and Chapter 245, Zoning. One application for a pool permit, as set forth herein, shall be accepted for review under the Building Code, the Plumbing Code and Chapter 245, Zoning. Electrical service related to a swimming pool must comply with the current edition of Wis. Admin. Code ch. SPS 316 and may require a separate application for evaluation under the Electrical Code, as set forth in § 98-40 of this Municipal Code. A separate deck and/or fence permit is required, even when the deck and/or fence is constructed at the same time as the swimming pool.

(b) Exemptions.

[1] Those swimming pools classified as public swimming pools and requiring state permits pursuant to Wis. Admin. Code ch. SPS 390, Design and Construction of Public Swimming Pools and Water Attractions, and ch. DHS 172, Safety, Maintenance and Operation of Public Pools and Water Attractions, shall not be required to obtain the pool permit required herein.

[2] Any person who obtains the permits(s) necessary for a storable pool that meets the definition of a swimming pool is not required to reapply for the permit(s) annually. The owner may remove and reinstall the same pool in the approved location each year for the life of the pool. If the owner wishes to change the location or install a new pool, new permit(s) must be applied for and obtained.

(c) Every person or entity that owns, directly or indirectly, or operates, uses or has custody or control of or has the right to use any swimming pool located in the Village shall also follow the requirements of Chapter 195 of this Municipal Code.

(2) Application. An applicant for a pool permit shall provide the following information, along with the permit fees set forth in the Fee Schedule, as follows:

(a) Survey or accurate drawing of the property, in duplicate, showing property dimensions, including square footage, all existing structures, proposed swimming pool location, including distances to all existing structures, filter and wastewater disposal locations, fencing if required, proposed decking, and overhead or underground electrical wiring.

(b) Type of pool installation, aboveground or in ground, including dimensions and volume in gallons.

(c) Pool height above highest point of grade if aboveground installation.

(d) Type and height of fence, if proposed.

(e) Type and support of decking, if proposed.

(f) Overall size and locations of the above in regard to existing buildings and lot lines for property survey reference.

(g) Any change in finished grades near the pool.

(h) Two copies of a brochure which shows the type and style of the pool to be installed.

(i) Prior to making the application for a pool permit, the applicant shall check subdivision or homeowners' association regulations regarding swimming pools and shall include those regulations with the application. The Village shall not enforce, and shall not be responsible for the enforcement of, said subdivision or homeowners' association regulations but, when it is made aware of them, may include them in its consideration of the application.

(3) Issuance. An applicant shall be issued a pool permit if the submitted plans are in conformance with the applicable sections of this Municipal Code.

(4) Inspections of pool construction shall be made as follows:

(a) Aboveground pools.

[1] Location. An inspection shall be conducted when excavation is started, but prior to constructing the pool side walls. The pool owner shall locate and clearly mark all corner lot markers that are relevant to the location of the swimming pool.

[2] Final. An inspection shall be conducted after the electrical service has been approved and installation is complete. All safety equipment shall be on site, and fencing required in this Municipal Code shall be installed before filling the swimming pool.

(b) In-ground pools.

[1] Location. An inspection shall be conducted after excavation is complete, prior to setting pool walls. The pool owner shall locate and clearly mark all corner lot markers that are relevant to the location of the swimming pool.

[2] Final. An inspection shall be conducted after the electrical service has been approved and installation is complete. All safety equipment shall be on site, and fencing required in this Municipal Code shall be installed before filling the swimming pool.

§ 98-28 Unsafe buildings.

Whenever the Building Inspector determines that any building or structure is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, the Inspector shall recommend to the Village Board that an order be sent to the owner to raze and remove all or part thereof, or to repair the same if such structure can be made safe and sanitary by reasonable repairs. Such orders and proceedings shall be as provided in Wis. Stats. § 66.0413.

§ 98-29 Razing and demolition.

A. Demolition permit required. No person may cause the demolition of any structure or part of a structure greater than 400 square feet in area without having first applied for and obtained a demolition permit from the Building Inspector. No person may undertake any steps to demolish the structure prior to receiving a permit.

B. Application. An application for a permit to demolish all or part of a building shall include the following information:

(1) The name and address of the owner of the building on the date of application and, if different, on the date of demolition;

(2) The name, address and telephone number of the contractor(s) performing the demolition work;

(3) The date upon which demolition is to commence;

(4) The date by which demolition shall be complete;

(5) A list of all hazardous waste and hazardous and toxic substances (as defined by Wis. Admin. Code ch. NR 706, as amended from time to time) contained in the building, a statement as to whether the building contains asbestos (as defined by Wis. Admin. Code chs. NR 445 and 447), and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, and asbestos;

(6) A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including the description of the route to be used by trucks in hauling the waste);

(7) A description of the method of demolition to be used;

(8) A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amounts of dust from the site;

(9) Along with the application for permit for demolition, the applicant shall present a release from all utilities serving the property, stating that their respective service connections and appurtenant equipment such as meters and regulators have been removed or sealed and plugged in a safe manner.

C. Demolition. The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment. The basement or crawl space floor is to be broken into pieces no more than four feet by four feet in size to enable stormwater drainage. The foundation walls must be demolished to at least two feet below grade.

D. Clearing and leveling the site.

(1) The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform with the adjoining grade of the neighboring property; and when so graded and leveled, the site shall be seeded, sodded or treated in some other manner acceptable to the Building Inspector so as to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off, not later than 30 consecutive days after demolition is completed, and shall be protected from entry until filled.

(2) Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector, upon notification by the permit holder, the owner or his agent, in writing and upon forms provided by the Building Inspector for that purpose, shall, within 72 hours, inspect each excavation, or part thereof, before the excavation is filled.

(3) It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector. Voids in filled excavations shall not be permitted. In the event of the unavailability of the Building Inspector to conduct an inspection within 72 hours after written notice; the permit holder, owner or his agent may retain the services of a certified, qualified municipal inspection service to obtain an opinion that approves filling of the excavation. Said opinion shall be deemed a sufficient approval by the Village, provided that a written copy of the opinion is delivered to the Clerk at least 48 hours before filling of the excavation commences.

(4) Unless the site is to be reconstructed within 90 days of demolition, the site must be restored to a dust free and erosion free condition, and seeded or sodded. The grass shall be maintained as set forth in this Code.

E. Removal and disposal. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector 72 hours' written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances, and asbestos.

§ 98-30 Moving buildings.

A. General. No person shall move any building or structure upon any of the public rights-of-way of the Village without first obtaining a permit therefor from the Building Inspector and upon the payment of required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken, the conditions to be complied with and shall limit the time during which said moving operations shall be continued. This section does not apply to manufactured homes per the Federal Fair Housing Act.

B. Moving damaged buildings. No building shall be repaired, altered or moved within or into the Village that has deteriorated or has been damaged by any cause (including such moving and separation from its foundation and service connections in case of moved buildings) 50% or more of its equalized value. No permit shall be granted to repair, alter or move such building within or into the Village. Furthermore, if the equalized assessed value of the building is not within 10% of the surrounding buildings within 1,000 feet of the parcel where the building is proposed to be moved to, no permit shall be granted unless the building is improved so that its equalized value is within 10% of the average equalized value of any of the surrounding buildings that are of a similar type.

C. Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day, and day by day and at night until such movement is fully completed. All of such operations shall be performed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection, or so near thereto as to prevent easy access to a fire hydrant or any other public facility. Barricades and warning lights shall be kept in conspicuous places at each end of the building during the night.

D. Street repair/inspection. Every person receiving a permit to move a building shall, prior to moving the building, accompany the Building Inspector and Director of Public Works on an inspection of the route the building will travel within the Village limits. The applicant shall, within one day after said building reaches its destination, report the fact to the Building Inspector who shall thereupon, in the company of the Director of Public Works, inspect the streets and highways over which said building has been moved and ascertain the condition. If the removal of said building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place the street or highway in good repair as it was before the permit was granted. On the failure of the permittee to do so within 10 days thereafter to the satisfaction of the Village Board, the Village Board shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his bond responsible for payment of same.

E. Conformance with code. No permit shall be issued to move a building within or into the Village and to establish it upon a location within the Village until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building, Plumbing, Electrical and Mechanical Code in all respects. A complete plan of all further repairs, improvements and remodeling, with reference to such building shall be submitted to the Building Inspector, and the Inspector shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that when same are completed, the building, as such, will so comply with said Building Code. In the event a building is to be moved from the Village to some point outside of the boundaries thereof, the provisions, with respect to the furnishing of plans and specifications for proposed alterations to such building, may be disregarded.

F. Bond required.

(1) Before a permit is issued to move any building over any public way in this Village, the party applying for said permit shall post a performance bond with the Village in a sum to be fixed by the Village. Said performance bond shall be held for indemnification of the Village for any costs or expenses incurred by it in connection with any claims for damages to any persons or property, and the payment of any judgment, together with the costs or expenses incurred by the Village in connection therewith, arising out of the removal of the building for which the permit is issued. The bond shall be released if, after the building is moved, the Building Inspector and Director of Public Works have found that the permit was complied with and no damages were caused by the move.

(2) The release of the bond required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein. The Building Inspector may waive the timelines in this subsection if the Building Inspector, after investigation, determines that the excavation exposed by the removal of such building from its foundation is not so close to a public thoroughfare as to constitute a hazard to persons, particularly children under 12 years of age, provided the barriers remain in place during any permitted delay.

G. Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $500,000 and for one accident, aggregate not less than $1,000,000, together with property damage insurance in a sum not less than $500,000, or such other coverage as deemed necessary.

H. Village Board approval required.

(1) Before any permit to relocate a building may be issued, the Village Board shall examine the application for the permit and approve the application by a majority vote.

(2) The application shall include exterior elevations of the building at its proposed new location; accurate photographs of all sides and views of the same; any proposed alterations of the exterior of said building with the plans and specifications of such proposed alterations, and a site plan showing the location of the building on the final resting site.

(3) The Village shall not grant a permit unless the Village has taken a view of the building proposed to be moved and of the site at which it is to be located.

(4) The Village may not issue a permit for relocation of a building unless it finds that the exterior appearances and design of the building to be moved or moved and altered will be consistent with the exterior appearance and design of the buildings already constructed or in the course of construction in the immediate neighborhood, or with the character of the applicable district established by the zoning ordinances of the Village. [See Chapter 245.] No permit shall be granted if the relocation will cause a substantial depreciation of the property values of the neighborhood to which the building is proposed to be relocated.

(5) In case the applicant proposed to alter the exterior of said building after moving the same, he shall submit, with his application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall deposit a cash deposit or performance bond of not less than $5,000 with the Village to secure the timely completion of all proposed exterior alterations to said building, as set forth in the plans and specifications. This cash deposit or performance bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the Village. The cash deposit or bond shall be refunded after the exterior alterations are completed and the Building Inspector has found the building exterior complies with the approved plans and within the time frame set by the Village Board. The deposit shall be forfeited if the exterior of the building does not comply with the approved plans or if the time frame for completing the work is not adhered to.

(6) No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.

(7) Whenever an application for relocation of a building is made to the Building Inspector, he shall place the consideration of the application on the agenda of the next regularly scheduled Village Board meeting. The Building Inspector shall inform the Village whether or not the application complies, in all respects, with all other ordinances of the Village. The Village may, if it desires, hold a public hearing on the permit.