[HISTORY: Adopted by the Village Board of
the Village of Vernon 6-17-2021 by Ord. No. V2021-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 125,
Building Construction, adopted by the Town Board 3-16-2006 by Ord.
No. 2006-05, as amended.
These regulations are adopted under the statutory authority
granted pursuant to §§ 101.65, 101.651, 101.76, 101.761
and 62.23, Wis. Stats. (and by its adoption of municipal powers under
§§ 60.10(2)(c), 60.22(3) and 61.34(1), Wis. Stats.).
The purpose of this chapter is to promote the public health,
safety and general welfare of the Village of Vernon. The provisions
of this chapter shall govern the design, construction, alteration,
demolition and moving of all buildings and structures. All buildings
hereafter erected, altered, repaired, moved or demolished shall comply
with the requirements of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
The sum total footprint area of all accessory buildings on
a lot, measured from the exterior face of the exterior walls. In addition,
if an accessory building has a lean-to or other covered open space
area, all of the covered unenclosed area shall also be included in
the aggregate square footage.
A building used to store farm or agricultural-type equipment
or livestock that is located on a contiguous parcel of land on which
it is located is in exclusively agricultural use and is under one
ownership. Parcels divided by a road or navigable stream shall be
considered to be contiguous if the parcels on both sides of the road
are in agricultural use by the same property owner. "Agricultural
use" shall mean the for-profit activity conducted by the property
owner involving the cultivation of agricultural crops and/or the raising
of livestock. The term "one ownership" as used herein shall mean it
is owned by one individual, estate, or trust, or by two or more persons
having a joint or common interest in the land, or by one corporation,
business trust, partnership, or other single entity that is registered
with the State of Wisconsin Department of Financial Institutions.
A private garage attached directly to the principal building
or attached by means of an enclosed or open breezeway, porch, terrace
or vestibule, or a private garage so constructed as to form an integral
part of the principal building.
Any structure used, designed or intended for the protection,
shelter or enclosure of persons, animals or property.
A building or portion of a building subordinate to the principal
building and used for a purpose customarily incident to the permitted
use of the principal building.
The main building on a lot, intended for primary use as permitted
by the regulations of the district in which it is located. Any building
intended to be used for human habitation shall constitute the principal
building. Additionally, any building on a thirty-five-acre or greater
parcel which is zoned as any residential or agricultural district
and used solely for agricultural purposes shall constitute a principal
building.
A private garage entirely separated from the principal building.
As defined as a receptacle for water, or an artificial pool
of water, having a depth at any point of more than 24 inches, whether
above or below the ground, used or intended to be used by the owner
thereof, and his family and invited guests, for bathing or swimming,
and includes all appurtenances, equipment, appliances, and other facilities
appurtenant thereto and intended for the operation and maintenance
of a private swimming pool.
An existing structure which is:
Set apart from other structures as being distinct, due to its
construction technique, construction materials, age, local historic
significance, or design as determined by the Village Board;
Characteristic of past agricultural practices or rural life,
whether presently utilized or not for agricultural practice, as determined
by the Village Board; and
Sufficiently structurally sound to meet minimum safety requirements
for the proposed use, as determined by the Village Building Inspector,
provided that such determination shall not relieve the property owner
of any responsibility or liability as to the structure and shall not
form a basis of liability against the Building Inspector or the Village.
A special or unique situation, excluding a change in use
or a use prohibited in a zoning district, which may be authorized
by the Plan Commission and is specifically set forth in this chapter
as a special exception and which may justify the waiver of the regulations
applicable thereto and does not necessarily require the demonstration
of an unnecessary hardship or practical difficulty. "Special exception,"
as the term is used herein, does not include a deviation from any
applicable standards, requirements, codes or other laws of the federal
government, the State of Wisconsin, or Waukesha County, or any agency
thereof, and nothing herein shall be read as authorizing any deviation
from the same. The issuance of a special exception shall not have
the effect of allowing a use of property otherwise prohibited and
shall not allow the intensification of a use which would otherwise
not be allowed other property having a similar condition or situation.
Such special exception may not allow for a use which is not allowed
in the zoning district in which the property is located.
An authorization granted by the Plan Commission to construct
or alter a building, land or structure in a manner that deviates from
the dimensional or numerical standards of this chapter. "Variance,"
as the term is used herein, does not include a deviation from any
applicable standards, requirements, codes or other laws of the federal
government, the State of Wisconsin, or Waukesha County, or any agency
thereof, and nothing herein shall be read as authorizing any deviation
from the same. The issuance of a variance shall not have the effect
of allowing a use of property otherwise prohibited and shall not allow
the intensification of a use which would otherwise not be allowed
other property having a similar condition or situation. Such variance
may not allow for a use which is not allowed in the zoning district
in which the property is located.
This chapter applies to all dwellings, decks, swimming pools,
garages, structures, and buildings. Not included are children's
play structures.
A.
No owner or contractor may commence construction of any building
or mechanical system prior to obtaining a valid permit from the Village
of Vernon Building Inspector.
(1)
The construction which shall require a building permit includes,
but is not limited to:
(a)
New one- and two-family and commercial buildings, including
agricultural buildings, detached structures (decks), and detached
accessory buildings.
(b)
Additions increase the physical dimensions of a building including
decks.
(c)
Alterations to the building structure, cost shall include market
labor value, or alterations to the building's heating, electrical,
or plumbing systems.
(d)
Replacement of major building equipment, including furnaces
and central air conditioners, water heaters, and any other major piece
of equipment shall require a permit except as noted in below.
(e)
Any electrical wiring for new construction or remodeling excluding
new wiring for existing industrial and manufacturing facilities that
do not require state-mandated building plan review.
(f)
Any HVAC for new construction or remodeling.
(g)
Any plumbing for new construction or remodeling.
(h)
Any new or rewired electrical service, including services for
agricultural buildings.
(i)
Moving buildings.
(j)
Razing buildings.
B.
Exempts are residing, reroofing and finishing of interior surfaces, installation of cabinetry, and minor repair as deemed by the Building Inspector. However, unless structural calculations are provided, no more than two layers of roofing shall be installed on a roof. Exempt are normal repairs performed in Subsection A(1)(c) above.
C.
At the time of building permit application issuance, the applicant
shall pay fees as established periodically by the Village Board. If
work commences prior to permit issuance, double fees shall be charged
by the Building Inspector.
Non-Uniform Dwelling Code (UDC) building permits shall be valid
for a period of 12 months. UDC building permits shall be valid for
a period of 24 months. All plumbing, electric, and HVAC permits shall
be 12 months.
The following provisions of the Wisconsin Administrative Code
are hereby adopted by reference and made a part of this chapter as
though fully set forth herein. All future amendments, revisions or
modifications to the following provisions which may hereafter be adopted
by the Village of Vernon and from time to time shall, upon adoption,
be part of this chapter so as to secure uniform statewide regulation
of buildings and shall be enforced by the Building Inspector.
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Ch. SPS 302.31
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Plan review fee schedule credentials
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Ch. SPS 305
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Credentials
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Ch. SPS 316
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Electrical Code
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Chs. SPS 320 through 325
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Uniform Dwelling Code
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Ch. SPS 327
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Campgrounds
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Chs. SPS 361 through 366
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Commercial Building Code
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Chs. SPS 375 through 379
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Buildings constructed prior to 1914
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Chs. SPS 381 through 387
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Uniform Plumbing Code
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A.
New buildings. The Wisconsin Uniform Dwelling Code shall apply to
the new construction of all one- and two-family dwellings only.
B.
Existing buildings. The Wisconsin Uniform Dwelling Code shall apply
to existing buildings and structures as follows:
(1)
An existing building to be occupied as a one- or two-family dwelling
which building was not previously so occupied.
(2)
An existing one- or two-family dwelling that is altered or repaired
when the cost of such alterations or repair during the life of the
structure exceeds 50% of the equalized value of the structure. Said
value shall be determined by the Assessor of the municipality.
(3)
Additions, alterations and major equipment replacements for one-
and two-family dwellings built prior to June 1, 1980.
C.
Certified municipality status.
(1)
Certified municipality. The Village of Vernon has adopted the certified
municipality status as described in § SPS 361.60 of the
Wisconsin Administrative Code.
(a)
Responsibilities. The Village shall assume the following responsibilities
for the Department of Safety and Professional Services (Department):
(b)
Plan examination. Drawings, specifications, and calculations
for all the types of buildings and structures, except state-owned
buildings and structures, to be constructed within the limits of the
municipality shall be submitted, if the plans are for any of the following:
[1]
A new building or structure containing less than 50,000 cubic
feet of total volume.
[2]
An addition to a building or structure where the area of the
addition results in the entire building or structure containing less
than 50,000 cubic feet of total volume.
[3]
An addition containing no more than 2,500 square feet of total
floor area and no more than one floor level, provided the largest
roof span does not exceed 18 feet and the exterior wall height does
not exceed 12 feet.
[4]
An alteration of a space involving less than 100,000 cubic feet
of total volume.
[5]
A certified municipality may waive its jurisdiction for the
plan review of a specific project or types of projects, or components
thereof, in which case plans and specifications shall be submitted
to the Department for review and approval.
[6]
The Department may waive its jurisdiction for the plan review
of a specific project, where agreed to by a certified municipality,
in which case plans and specifications shall be submitted to the certified
municipality for review and approval.
A.
Applicability limited; accessory buildings defined. This section applies to all buildings which are not principal buildings in all zoning districts other than the B-1, B-2, B-3, M-1, M-2, B-P, B-4, P-1, A-B or A-E District; also excluded are the properties shown as having previously been in the A-O Overlay District as set forth on Exhibit A attached hereto and incorporated herein and kept on file in the Village Clerk's office. Such buildings shall be referred to in this section as "accessory buildings," in lieu of the definition of "accessory building" contained in § 125-3. No property owner shall, within the Village of Vernon, build, construct, use, or place any type of accessory building, including prefabricated accessory buildings, until a building permit has been obtained from the Building Inspector.
B.
Compliance. Accessory buildings shall conform to all requirements
of this chapter and also with all current and future applicable codes
of the Village of Vernon, State of Wisconsin and federal government.
C.
Application and approval.
(1)
Accessory building application. An application for such an accessory
building permit shall be made, in writing, to the Building Inspector,
along with a complete set of building plans and specifications, including
a plot plan or drawing accurately showing the location of the proposed
accessory building with respect to lot lines, buildings and septic
and well locations on the applicant's lot and all buildings on
adjacent lots.
(2)
Building Inspector request for survey. The Building Inspector has
the right and may request a plat of survey or certified survey map
as well as a stakeout survey of the property indicating offsets and
setbacks of both the primary building and proposed accessory building.
(3)
The Building Inspector shall not issue a building permit for any
accessory buildings over 900 square feet until deed restriction is
placed on the subject property in a form as approved by the Village
Attorney giving notice that the accessory building cannot be used
for any commercial or industrial purpose.
(4)
The Building Inspector shall not issue a building permit for any accessory building that will exceed 3,000 square feet without prior Village Plan Commission approval. A petitioner may submit a written request for the same to the Village Clerk. Upon receipt of such request the Village Clerk shall place the matter on a Village Plan Commission agenda within a reasonable time. The Village Plan Commission shall then consider the following factors: whether the requested building would be consistent with the general intent of this chapter; whether the request, if granted, would adversely affect property owners in the surrounding area; and any other facts that may be relevant to the application. Upon consideration of these factors, but without necessarily making affirmative findings thereon, the Village Plan Commission shall determine whether the accessory building application is objectively reasonable. The Village Clerk shall forward the Village Plan Commission determination to the Village Building Inspector, who shall then issue the permit if the request was granted. Compliance with Subsection C(3) above is also required.
D.
Location. Detached accessory buildings shall be constructed no closer
to any lot line than zoning allows and shall not be constructed in
the front yard. The front yard shall be defined as follows:
(1)
In the case of a lot which abuts one, and only one, existing or proposed
public road, the front yard shall be a yard extending across the full
width of the lot, the depth of which shall be the minimum distance
between the existing or proposed public road and a line parallel thereto
through the nearest point of any existing or proposed principal building
on the lot.
(2)
In the case of a lot which abuts more than one existing or proposed public road, the front yard shall be determined in the same manner described in Subsection D(1) above, but only from the existing or proposed public road that the front of the existing or proposed principal building faces.
(3)
In the event Subsection D(1) and (2) do not describe the particular circumstances of an individual lot, or a dispute arises regarding the proper interpretation or application of the same, the Village Planner and Village Building Inspector shall have the discretion to reasonably determine the location of the front yard on the lot for purposes of this section. If a dispute arises between the Village Planner and the Village Building Inspector, the Plan Commission shall have sole discretion to reasonably determine the front yard on the lot, for the purposes of this section.
(4)
In this section, a lot shall be considered to abut the existing or proposed road if the lot directly adjoins the road right-of way at any point. Lots which do not about any public road, which are accessed by private easement, for example, are reviewed on a case-by-case basis pursuant to Subsection D (3) above.
E.
Quantity and size.
(1)
Quantity. A parcel shall have no more than two accessory buildings, unless a waiver or modification is granted, pursuant to Subsection I, to allow three or more accessory buildings, with the following exceptions:
(a)
On parcels of three acres or more in size, more than two accessory
buildings may be permitted when the Village Board, upon consideration
of a recommendation from the Village Plan Commission, makes all of
the following findings:
[1]
There are one or more rural structures, as defined herein, on
the property;
[2]
Such rural structure(s) is (are) not a nuisance or detriment
to the existing neighborhood;
[3]
The total number of accessory buildings, excluding the rural
structure(s), shall not be more than two, unless a waiver modification
is granted by the Village of Vernon Plan Commission; and
(2)
Size. The maximum aggregate square footage of accessory buildings shall not exceed the following aggregate square footage requirements, unless aggregate square footage requirements are waived or modified pursuant to Subsection I:
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Minimum Lot Size
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Maximum Aggregate Square Footage
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|---|---|
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Less than 1 acre
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900 square feet
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1 but less than 2 acres
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1,200 square feet
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2 but less than 3 acres
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1.5% of the lot area or 1,960 square feet, whichever is smaller
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3 acres or more
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3% of the total lot area of the lot, provided that no individual accessory building (which term excludes agricultural buildings as defined herein) may exceed 3,000 square feet, except upon approval of the Plan Commission pursuant to Subsection C(4)
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F.
Construction standards for detached private garages.
(1)
Foundations and footings. Detached private garages over 200 square
feet must be built with a continuous floating slab of reinforced concrete
not less than four inches in thickness, and this reinforcement shall
be a minimum of Number 10 six-inch-by-six-inch wire mesh. The slab
shall be provided with a thickened grade beam, eight inches wide and
eight inches below the top of the slab. The thickened grade beam shall
have two Number 4 horizontal reinforcement bars placed at the center.
The lower reinforcement bar shall be set two inches above the bottom
of the thickened grade beam, and the upper reinforcement grade beam
shall be set six inches above the bottom of the thickened grade beam.
Exterior wall curbs shall be provided not less than four inches above
the finished ground grade adjacent to the garage. Bolts 3/8 inch long
shall be embedded three inches in the concrete curb of detached garages,
eight feet on center.
(2)
Floor surface. The floor in all detached private garages shall be
of concrete construction and sloped toward the exterior garage door
or opening.
(3)
Construction. Detached private garages of wood frame construction
shall be constructed with the following requirements:
(a)
Studs may have a maximum spacing of 24 inches on centers.
(b)
Diagonal corner bracing shall be installed on both walls at
each corner. Diagonal corner bracing may be applied on the inside
surface of studs.
(c)
Corner posts may consist of two two-inch-by-four-inch studs
or a single four-inch-by-four-inch stud.
(d)
Collar beams at the top plate and collar ties in the upper 1/3
of the roof shall be installed with a maximum spacing of 48 inches
on center. Collar beams may be two inches by six inches. Collar ties
shall be at least two inches by four inches per foot. A one-inch-by-six-inch
collar tie may be used for roof slopes four inches per foot or greater.
(e)
Roofs shall be framed in accordance with the applicable requirements
of the Administrative Code.
G.
Construction standards for other detached accessory buildings. Except
as described above regarding detached private garages, buildings that
are not attached to a principal building on a lot are not required
to have concrete slabs or frost-free footings. However, if concrete
slabs or frost-free footings are installed, they shall comply with
§ Comm 21, Wis. Adm. Code.
H.
Compatibility. All accessory buildings shall be constructed in such
a way that the exterior appearance is compatible with the principal
building on the parcel. The determination of compatibility shall be
made by the Building Inspector. If the Building Inspector determines
that the proposal is not compatible, the applicant may appeal to the
Village Plan Commission.
I.
Request for waiver or modification. A petitioner may request that
the Village waive enforcement or modification of one or more provisions
of this chapter dealing with size and location limitations stated
in this section as follows:
(1)
Written request. The petitioner shall submit a written request for
a waiver or modification to the Village Clerk. With such request for
a waiver or modification there shall be a fee in an amount established
from time to time by the Village Board; a copy of the application
as submitted to the Building Inspector; a statement specifying the
specific provision that the petitioner requests the Village to waive
or modify and what, if any, substantial reasons exist for the request
for waiver or modification; what, if any, effect the proposed accessory
building will have the subject property and adjacent property; and
whether or not the proposed accessory building is consistent with
the general neighborhood.
(2)
Procedure. Upon receipt of such request for a waiver or modification,
the Village Clerk shall place the matter on a Village Plan Commission
agenda within a reasonable time and shall give written notice of the
request for waiver or modification, hearing and time to all property
owners within 300 feet of the property being discussed.
(3)
Considerations. The Village Plan Commission shall make a determination
which shall include consideration, but not necessarily an affirmative
finding, of the following factors:
(a)
Whether the request for the waiver or modification, if granted,
would be consistent with the general intent of this chapter.
(b)
Whether the request for the waiver or modification, if granted,
would adversely affect property owners in the surrounding area.
(c)
Whether the request for the waiver or modification, if granted,
would benefit the petitioner's project in a way that is not inconsistent
with the Village's interests.
(d)
Whether the petitioner is in full compliance with applicable
ordinances and agreements with the Village.
(e)
Whether, instead of granting the request for the waiver or modification,
the chapter itself should be changed to accommodate the kind of situation
presented by the petitioner.
(4)
Grant or denial of request for waiver or modification. After considering
the above-listed factors and any other factors that may be relevant
to the matter, the Village Plan Commission shall then determine whether
it is objectively reasonable to grant the request for a waiver or
modification. A request for a waiver or modification may be granted
without making an affirmative finding concerning any one or more of
the above-listed factors if, on the whole, it is objectively reasonable
to do so.
(5)
Past noncompliance not waived. A waiver or modification that is granted
pursuant to a written request as described in this section shall not
waive or modify any fines, forfeitures or other penalties that may
have accrued due to violations of this chapter that took place prior
to the date of the request for waiver or modification being granted,
unless specifically stated otherwise in the decision of the Village
Plan Commission.
(6)
Deed restriction. If the Village Plan Commission grants a request
for a waiver or modification at such time as the request for a waiver
or modification is granted, a determination needs to be made by the
Village Plan Commission as to whether or not, prior to the Building
Inspector issuing a building permit for the same, a deed restriction
must be placed on the subject property in a form as approved by the
Village Attorney. If the Village Plan Commission grants a request
for a waiver or modification and determines that a deed restriction
be placed on the subject property prior to the Building Inspector
issuing a building permit for the same, a deed restriction must be
placed on the subject property in a form as approved by the Village
Attorney.
(7)
Appeal. Any party to a proceeding resulting in a final decision of
the Village Plan Commission may seek review thereof by certiorari
within 30 days of receipt of the final determination. The court may
affirm or reverse the final determination or remand the matter to
the Village Plan Commission for further proceeding consistent with
the court's decision.
J.
Use of accessory buildings. No accessory building shall be used for
commercial or industrial purposes.
A.
ATTACHED DECK
DECK
DETACHED DECK
Definitions. As used in the section, the following terms shall have
the meanings indicated and be constructed per Chs. SPS 320 through
325 in Appendix B.
Any deck which is physically connected to the principal building
or accessory structure.
Any structure which serves as a raised horizontal platform
or floor constructed of wood or other materials, without enclosed
walls or roof.
Any deck which is not physically connected to the principal
building or accessory structure.
The Village Board shall appoint a Building Inspector. The Building
Inspector shall have the general management and control of all matters
pertaining to building inspection and shall have all the authority,
responsibilities and duties provided in the SPS 320 through 325 and
SPS 361 through 366, as amended from time to time.
The Village Board shall appoint an Electrical Inspector. The
Electrical Inspector shall have the general management and control
of all matters pertaining to electrical inspection and shall have
all the authority, responsibilities and duties provided in the Wisconsin
Uniform Dwelling Code, SPS 320 through 325, as amended from time to
time, the IBC, as modified by SPS 361 through 366, Wis. Adm. Code,
as amended from time to time, and the Wisconsin State Electrical Code,
as amended from time to time and NEZ/SPS 316, as amended from time
to time.
The Village Board shall appoint a Plumbing Inspector. The Plumbing
Inspector shall have the general management and control of all matters
pertaining to plumbing inspection and shall have all the authority,
responsibilities and duties provided in the IBC, SPS 381 through 387,
Wis. Adm. Code, as amended from time to time, and in the Wisconsin
State Plumbing Code, as amended from time to time.
A.
Deposit required. No building permit shall be issued by the Building Inspector for construction of a building or construction of an addition to or remodeling of an existing building on any land until after payment of the deposit as set by the Village Board by resolution has been paid by the applicant for such building permit, unless that amount is reduced pursuant to Subsection B of this section. The deposit shall be paid to the Building Inspector at the time an application is made for issuance of the building permit. The Building Inspector shall promptly turn the deposit over to the Village Treasurer.
B.
Deposit reduction. The Building Inspector may, at the Building Inspector's
sole discretion, reduce the bond if the Building Inspector is satisfied
that it is unlikely that there will be damage done to the Village
roads or to the road ditch adjacent to the property as a result of
construction activities and that the grading and landscaping of the
premises will be completed, construction debris removed, all applicable
ordinances complied with, and occupancy granted, as well as it is
unlikely that the building will be occupied prior to the occupancy
permit being granted.
C.
Issuance of occupancy permit when the Wisconsin Uniform Dwelling
Code applies.
(1)
A building, structure, addition, alteration or repair governed by
the Wisconsin Uniform Dwelling Code may not be used or occupied until
a final inspection has been made which finds that no violations of
this code exist that could reasonably be expected to affect the health
and safety of the user or occupant. Upon such finding, the Building
Inspector shall issue a use or occupancy permit.
(2)
If no act of noncompliance is found by the Building Inspector, then
the Building Inspector shall issue an occupancy permit. If there is
minor noncompliance that does not affect health or safety as determined
by the Building Inspector, the Building Inspector may issue a temporary
occupancy permit for a maximum of 90 days after which time the noncompliance
shall either be corrected, or the premises shall not be occupied until
full compliance is obtained and an occupancy permit is issued. Occupancy
may not be taken until an occupancy permit or temporary occupancy
permit is issued.
D.
Issuance of occupancy permit not governed by Wisconsin Uniform Dwelling
Code. A building, structure, addition, alteration or repair governed
by this chapter but not governed by the Wisconsin Uniform Dwelling
Code may not be used or occupied until a final inspection has been
made and until the building, structure, addition, alteration or repair
is in compliance with all of the requirements of this chapter. Upon
such finding, the Building Inspector shall issue a use or occupancy
permit.
E.
Deposit returned, forfeited.
(1)
Unless forfeited pursuant to Subsection E(2), (3), (4) or (5), the sums deposited shall be retained by the Village Treasurer until written notice is received from the Building Inspector, who shall not authorize a refund of monies deposited until after grading and landscaping of the premises have been established and stabilized (which must be done within one growing season after final occupancy has been granted), the construction site is cleaned of all building materials and debris, all applicable ordinances have been complied with and occupancy has been granted. Occupying the house before occupancy has been granted or failure to complete the final grading or to establish and stabilize landscaping within one growing season of final occupancy being granted will result in forfeiture of all the sums deposited, in addition to any other penalties or other remedies that may apply.
(2)
In the event damage is done to Village roads or to the road ditch
adjacent to the property as a result of construction activities, the
deposit shall be used to pay any costs incurred by the Village to
repair such damage. In the event the deposit is insufficient to cover
all costs incurred by the Village, the property owner shall be liable
to the Village for payment of any excess costs, and no occupancy permit
shall be issued for the property until such costs are paid.
(3)
The building permit applicant shall be solely responsible to request
return of the deposit required under this section when such applicant
believes that the construction of the building or addition or remodeling
of an existing building has been properly completed. The deposit shall
only be returned to the party that made the deposit unless proof satisfactory
to the Village Treasurer is provided that demonstrates that the deposit
has been assigned to the claimant.
(4)
Notwithstanding anything in this § 125-14 to the contrary, the deposit required under this section shall be forfeited in the following situations:
(a)
An occupancy permit is issued under this chapter but no application
for return of the deposit is received by the Building Inspector within
two years of the date of the issuance of such occupancy permit; or
(b)
An occupancy permit is required under this chapter and any of
the following are true:
[1]
No request for an inspection or request for return of the deposit
is received by the Building Inspector within two years of the date
the permit was issued; or
[2]
An inspection is requested but no occupancy permit is issued
within two years of the date said inspection was performed; or
[3]
An inspection is requested, and an occupancy permit is issued
but the final conditions of approval are not satisfied within two
years of the date said inspection was performed.
(c)
No occupancy permit is required under this chapter and any of
the following are true:
(5)
Any deposit amount forfeited under Subsection E(4) above shall be transferred by the Village Treasurer to the general fund for the Village. Thereafter, no person shall have any claim with regard to the deposit or any part thereof. No such forfeiture shall be construed to constitute a penalty under § 125-31 of this Code or to limit the Village's ability to pursue any remedy provided for under § 1-10 of this Code or applicable state or federal law in the event of a violation of this Chapter 125.
F.
Time to pay excess costs. The Building Inspector shall give each
property owner billed for payment of any excess costs a period of
time not to exceed 30 days to pay, and thereafter, if that charge
remains unpaid, the Clerk shall automatically charge that delinquent
bill against the current or next tax roll as a delinquent tax against
the property as provided by law. In the event the statement rendered
to the property owner, or the time given for the property owner to
pay is too late in the current year for the charge, when it becomes
delinquent, to be extended on that year's tax roll, then the
delinquent charge shall be extended to the following year's tax
roll.
G.
Appeal. Any person who wishes to dispute the amount of refund may
contact the Clerk and request to appear before the Village Board at
an upcoming regular Village Board meeting and may, at that time, present
the matter to the Village Board for resolution. Appeal from the decision
of the Village Board shall be by writ of certiorari to the County
Circuit Court.
Two sets of building plans shall be submitted to the Building
Inspector for any work which expands the size of a building, any new
building, or as required by the Building Inspector. If a new building
or building addition is proposed, then a plot plan or certified survey
map showing such proposed work and existing buildings and property
lines shall be submitted. A third set of plans may be requested at
the discretion of the Building Inspector for the Assessor.
The Building Inspector shall issue the requested permit after
all state, county and local submission requirements are satisfied
and additional information as required by the Building Inspector is
submitted. If a permit is issued, it shall be posted at the job site
in a location visible from the street.
Whenever the Building Inspector determines that any building
or structure is so old, dilapidated or out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for habitation, occupancy, or
use and so that it would be unreasonable to repair the same, he or
she shall order the owner to raze and remove all or part thereof specified
by the Building Inspector with Village Board approval. If such unfit
structure can be made safe by repairs, it may be so put at the owner's
option whether to repair and make safe and sanitary or to raze and
remove. Such orders and proceedings shall be as provided in § 66.0413,
Wis. Stats.
These standards apply to all structures located in a residential
zoned area and to all structures and sites used for residential purposes
but zoned for other use.
A.
Minimum standards. It shall be unlawful for any person to occupy,
use, let, or hold out to another for occupancy or use any building,
structure or premises which does not comply with the requirements
of this chapter, except for structures or uses that are legal nonconforming
structures or uses pursuant to the Village of Vernon Zoning Ordinance
or the Village of Vernon Shoreland and Floodplain Ordinance.
B.
Foundations, exterior walls and roofs. The foundation shall be substantially
watertight and protected against rodents and shall be kept in good
condition and repair. The foundation elements shall adequately support
the building at all points. Every exterior wall shall be substantially
watertight and weathertight, protected against rodents, kept in good
condition and repair and shall be free of deterioration, holes, breaks,
loose or rotting boards or timber, and any other condition which might
admit rain or dampness to the interior portions of the walls or to
the exterior spaces of the dwelling. All exterior wood surfaces shall
be protected by paint, stain or other water and weather-resistant
treatment. Every roof shall be watertight and weathertight, kept in
a good condition and repair and have no dangerous defects. Roof drainage
shall be adequate to prevent rainwater from causing dampness in the
walls. All cornices, copings, parapets, moldings, belt courses, lintel,
sills and similar projections shall be kept in good repair, free from
cracks or defects which make them hazardous or dangerous.
C.
Windows, doors and hatchways. Every window shall be fully supplied
with transparent or translucent window panes which are substantially
without cracks or holes, shall be substantially tight and shall be
kept in good condition and repair. Windows, other than fixed windows,
shall be easily opened and shall be held in position by window hardware.
Every exterior door shall fit substantially tight within its frame
and shall be kept in good condition. Window and door frames shall
be kept in good condition and shall exclude rain and substantially
exclude wind from entering the building or structure. Every basement
hatchway shall prevent the entrance of rodents, rain and surface drainage
water into the building or structure.
D.
Stairways and porches. Every exterior stairway and every porch and
its supports shall be kept in good and safe condition and repair and
shall be free of deterioration, with every rail and balustrade firmly
fastened and maintained.
E.
Chimneys. Every chimney and chimney flue shall be in good and safe
condition and repair.
F.
Grading and drainage of lots. Every yard, court, driveway or other
portion of the lot shall be graded or drained so as to prevent the
accumulation of stagnant water on any such surface. Driveways shall
be maintained in good condition and repair.
G.
Yards. Yards shall be kept substantially clear of debris and shall
be provided with adequate lawn or ground cover or vegetation, hedges
or bushes.
H.
Infestation. Every building and structure and all exterior appurtenances
on the premises shall be adequately protected against rats, mice,
termites, and other vermin. Occupants and operators shall be responsible
for the extermination of rodents and vermin from that part of the
premises under their exclusive control, except where more than one
unit is infested at the same time and in this instance the owner shall
also be responsible for extermination of the infestation.
I.
Refuse, garbage and rubbish storage requirements. Every building
or structure shall have adequate refuse, garbage or rubbish storage
facilities. Garbage containers shall all have tight covers and shall
be kept in place at all times. No occupant shall accumulate rubbish,
boxes, lumber, metal or other materials which may provide harborage
for rodents or vermin.
J.
Accessory structures. Every accessory structure shall be kept in
good condition and repair, shall not obstruct access of light or air
to doors or windows, shall not obstruct a safe means of access to
any building or structure, shall not create fire or safety hazards
and shall not provide rat or vermin harborage. All accessory structures
which are in deteriorated condition, and which are not repairable
shall be removed.
K.
Maintenance or property complaint. Complaints alleging a violation
of this section shall be commenced by service of written notice of
noncompliance upon the property owner, on a form provided by the Village
of Vernon.
A.
Application for permit shall include a statement of the existing
defects and an analysis of the cause of those existing defects to
ensure that all conditions responsible for foundation defects are
corrected.
B.
Plans and/or specifications must be submitted for approval prior
to issuance of a permit.
C.
General foundation requirements.
(1)
Walls that are not plumb may be reinforced if supported by engineering
data showing the benefit of the reinforcing.
(2)
The excavated wall must be cleaned and loose parging removed; cracks
and parging must be repaired with Type M mortar or equal, and walls
made plumb and dampproofed with one coat of bituminous material or
other approved materials.
(3)
If drain tile is not present in the affected area, a drain tile system
must be installed and terminated in a newly installed sump with pump
or in a properly functioning existing drain collection system, provided
that it does not discharge to the sanitary sewer.
(4)
Prior to backfill, an inspection is required by the Building Inspector
after which backfill with Number 1 washed stone shall be provided
to within 18 inches of final grade.
(5)
Final grade must ensure drainage away from the foundation.
(6)
Pilasters must be made integral with the exterior wall and reinforced
with at least two Number 3 rods and filled with 3,000 psi cement grout
material. Pilasters must be a maximum of four feet apart.
(7)
Any other form of reinforcing will require engineered data to be
submitted at the time of permit application to include complete system
analysis.
(8)
Affected walls to be repaired shall have loose or cracked mortar
joints cleaned to a minimum depth of 1/2 inch and tuckpointed with
Type M mortar or equal.
(9)
When installing weep holes in foundation walls, care must be taken
to provide adequate drainage from weep holes to drain tile by either
stone or mechanical means. No more than one mechanically drilled weep
hole is permitted per cell. When the floor is replaced, a minimum
of three inches of concrete shall be placed over the drain tile and
a minimum of two inches of concrete over the footing. Lateral support
must be maintained at the floor level. An exception to match the existing
concrete floor level is allowed.
(10)
Drain tile placed under the basement floor shall be of the approved
type not less than three inches in diameter and shall be covered with
Number 1 washed stone connected to a proper sump with pump or an existing
Village stormwater system. All exposed bleeders must be open. The
sump pit must discharge to grade or be equipped with a pump to discharge
water away from the dwelling.
A.
Demolition permit required. All persons who demolish or cause to
be demolished any building or structure or part of a building or structure
larger than 400 square feet in floor area within the Village shall
apply for and obtain a demolition permit from the Building Inspector
prior to undertaking any steps to demolish the building or structure.
B.
Application.
(1)
An application for a permit to demolish all or part of a building
or structure shall include the following information:
(a)
The name and address of the owner of the building or structure
on date of application and, if different, on date of demolition;
(b)
The name, address and telephone number of the contractor(s)
performing the demolition work;
(c)
The date upon which demolition is to be commenced;
(d)
The date by which demolition shall be complete;
(e)
A list of all hazardous waste and hazardous toxic substances
(as defined by the Wisconsin Administrative Code as amended from time
to time) contained in the building or structure and a statement as
to whether the building contains asbestos (as defined by state statute
or the Wisconsin Administrative Code) and a detailed description of
the method to be used in removing, transporting and disposing of any
hazardous waste, hazardous toxic substances, and asbestos;
(f)
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);
(g)
A description of the method of demolition to be used; and
(h)
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.
(2)
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.
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 to
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.
(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 filling any excavation. 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 the 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 municipality provided that a written copy of the opinion
is delivered to the Village Clerk at least 48 hours before filling
of the excavation commences.
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.
A.
General. No person shall move any building or structure upon any
public right-of-way within the Village unless that person first obtains
a building moving permit from the Village Building Inspector. Every
permit issued by the Building Inspector for the moving of a building
or structure shall designate the route over which the building or
structure will be moved, the conditions to be complied with, and the
time limit within which said moving operations shall be completed.
B.
Permit application.
(1)
Any person applying for a building moving permit shall provide the
following:
(a)
Route to travel through Village.
(b)
Location of any overhead wires or other utilities which will
have to be moved or relocated to accommodate the move.
(c)
Name, address and telephone number of owners of building or
structure and, if different, owner of lot to which building is being
moved.
(d)
Name, address and telephone number of companies performing move
together with at least two references from prior moves.
(e)
Exterior elevations of the building or structure and accurate
photographs of all sides and views of the same.
(f)
In the event that it is proposed to alter the exterior of the
building or structure, plans and specifications of such proposed alterations.
(g)
Accurate photographs and site plan of site at which the building
or structure is to be located.
(h)
The appropriate application fee which is set from time to time
by resolution of the Village Board.
(i)
Proof of 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 the sum of not less than $500,000, naming the Village of Vernon
as additional insured.
C.
Cash deposit. Upon receipt of the permit application, the Village
Engineer and/or the Department of Public Works Director shall review
the proposed route over which the building will be moved and the conditions
of the roads on that route. If the building or structure is to be
located upon a site within the Village, the Building Inspector shall
also inspect the building or structure at the location from which
it is to be moved in order to determine whether the building or structure
is in a sound and stable condition and of such construction that it
will meet the requirements of the Village Building Code, Zoning Code
and all other applicable codes in all respects. The Building Inspector
shall also review the plans for improvements and remodeling of the
building or structure, if any. The Building Inspector shall then provide
his findings in a written report to the Village Plan Commission, including
a recommendation from the Village Engineer as to an appropriate cash
deposit amount to cover potential damage to Village highways, as well
as his findings, in the event the building or structure is to be located
within the Village of Vernon, regarding the condition of the building
or structure and its conformity or potential conformity to Village
codes. The cash deposit shall be returned once the route and structure
have been inspected by the Building Inspector and Department of Public
Works Director and are declared by these Village officials to be sound
and in stable condition.
D.
Plan Commission review.
(1)
Upon receiving a report from the Building Inspector, the Plan Commission
shall review said report and, if necessary, review the route over
which the building or structure will be moved. The Plan Commission
shall then set an appropriate cash deposit, which shall not be less
than $5,000. Said cash deposit shall be held to secure payment of
any costs arising out of any damage to Village highways or other Village
property. Said cash deposit shall also secure payment of any costs
or other expenses incurred by the Village in connection with any claims
for damages to any persons or properties, and the payment of any judgment,
together with the costs or expenses incurred by the Village in connection
therewith, arising out of the moving of the building or structure
for which the permit is issued. The applicant shall also provide the
Village with an indemnification agreement, indemnifying the Village
from any claims for damages arising out of the moving of the building
or structure in question.
(2)
If the building or structure in question is to be moved and located
on a site within the Village of Vernon, the Plan Commission shall
also review the plans, photographs and other documents regarding the
building or structure together with the Building Inspector's
report regarding the same. The Plan Commission shall then determine
whether the exterior architectural character and functional plans
of the building or structure to be moved, including alterations of
any kind, will be so at variance with either the exterior architectural
character and functional plans of the buildings or structures already
constructed or in the course of construction in the immediate area
or in the character of the applicable district established by the
Zoning Code so as to cause a substantial depreciation of the property
values of the neighborhood within said applicable district. No permit
shall be issued unless the Plan Commission makes a finding, by at
least a majority vote, that the building or structure will not be
at variance with the neighborhood as noted above.
(3)
If the building or structure is to be located upon a site within the Village of Vernon, the Plan Commission shall also set a separate cash deposit, in an amount not less than $5,000, and in addition to the cash deposit noted in Subsection D(1) above, to secure and insure that the building or structure shall actually be located upon the site and all exterior alterations completed in conformance with the plans, photographs and specifications provided by the applicant. This cash deposit shall be in addition to any applicable ordinances of the Village.
E.
Issuance of permit. Upon a favorable finding of the Plan Commission,
and upon payment of all cash deposit amounts set by the Plan Commission,
the Building Inspector shall issue a moving permit. All subsequent
moving of the building or structure shall be done pursuant to the
terms of the permit and terms of this chapter.
F.
Continuous movement. The movement of a building or structure pursuant
to permit shall be a continuous operation during all hours of the
day, and day by day, until such movement is fully completed. All operations
shall be performed with the least possible obstruction to thoroughfares.
No buildings or structures 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. Lighted
lanterns shall be kept in conspicuous places at each end of the building
or structure during the night.
G.
Street repair. Every person receiving a permit to move a building or structure shall, within one day after said building or structure reaches its destination, report the fact to the Village Building Inspector, who shall thereupon, in the company of the Village Director of Public Works, inspect the streets and highways over which said building or structure has been moved and ascertain their condition. If the movement of the building or structure has caused any damage to any Village Street or highway, the person to whom the permit was issued shall forthwith place them in as good a repair as they were before the permit was granted. Upon the failure of the one who acquires the permit to do so within 10 days after notification from the Village, the Village shall repair the damage done and deduct the costs of any repair from the cash deposit provided under Subsection D(1) above.
A.
Permit fees. At the time of application for building, electrical,
plumbing and/or heating, ventilation and air-conditioning permits,
the applicant shall pay the fees required and established through
resolution by the Village Board from time to time. The current fee
schedule is available from the Building Inspector.
B.
Additional inspections. In the event that the same building project
is necessarily to be inspected by the Village more than twice, the
permit holder shall pay a fee to the Building, Plumbing or Electrical
Inspector for each inspection exceeding two. No other inspection fee
may be charged. The Building, Plumbing or Electrical Inspector appointed
by the Village shall not inspect properties in the Village of Vernon
for personal gain other than the compensation as set by the Village
Board.
C.
Fees for response to letters of inquiry. The Building, Plumbing or
Electrical Inspector appointed by the Village of Vernon shall respond
to letters of inquiry from realtors and individuals regarding work
orders on a particular property. For such service the Village shall
charge a fee per inquiry in an amount established by resolution of
the Village Board from time to time. The fee shall be paid to the
Village by the person making the inquiry, prior to the Building, Plumbing
or Electrical Inspector providing the response.
B.
Inspection requests. The owner, applicant or authorized representative
shall request inspections of the Building, Plumbing or Electrical
Inspector responsible for enforcing this chapter. The inspection shall
be performed within two business days after notification. Construction
shall not proceed beyond the point of inspection until the inspection
has been completed. Construction may proceed if the inspection has
not taken place within two business days of notification, unless that
time has been extended by agreement reached between the Village or
the Village Inspector and the owner, applicant or authorized representative.
C.
Noncompliance. In the event that the Building, Plumbing or Electrical
Inspector responsible for enforcing this chapter determines that the
improvement(s) is not in compliance with any of the applicable requirements
of this chapter, the Building, Plumbing or Electrical Inspector shall
notify the owner and applicant, in writing, of the violations to be
corrected. All violations shall be corrected within 30 days after
written notification unless an extension is granted by the Building,
Plumbing or Electrical Inspector or the Village Board.
D.
Inspection appeals. Any person who is aggrieved by a finding or order
of the Building, Electrical or Plumbing Inspector may appeal from
such finding or order to the Village Board within 20 days after delivery
of the written notice of the finding or order. Such appeal shall be
in writing, setting forth the finding or order appealed from and the
grounds on which the appeal is based. The appeal shall be heard by
the Village Board at its next regular meeting. The Village Board,
after consideration thereof, shall affirm, reverse or modify the finding
or order. The finding or order of the Inspector shall be enforced
until reversed or modified by the Village Board. The Village Board,
however, cannot grant a variance to state codes.
A.
Concealed improvement. When an improvement subject to the provisions
of this chapter has been made without the owner, applicant or authorized
representative calling for an inspection as required by this chapter,
and when the Building, Plumbing or Electrical Inspector responsible
for enforcing this chapter cannot examine potential health and safety
concerns due to the fact that the improvement, or subpart thereof,
is concealed and is no longer readily accessible to inspection, the
Building, Plumbing or Electrical Inspector shall not issue a use or
occupancy permit and shall report such matter to the Village Board.
B.
Receipt of notice. Upon receipt of a notice of concealed improvements,
the Village Board may do one or more of the following:
(1)
Direct that the use or occupancy permit not be issued. If the premises
upon which the improvement lies is not occupied or the improvement
has not been used, it may be directed that an occupancy or use permit
is not issued.
(2)
Direct that the use or occupancy permit be discontinued. If the premises
upon which the improvement lies is occupied or if the improvement
is or has been used, it may be ordered that the occupancy or use be
discontinued.
(3)
Direct that an occupancy or use permit be issued if all of the owners
of record of the premises and all of the contractors who constructed
the improvement represen, in writing and under oath, that the improvement
has been made in conformity with the requirements of the Code of the
Village of Vernon and agree to indemnify and hold harmless the Village,
its officers, agents and employees, and their successors and assigns,
from all liability arising out of the construction of the improvement
and any failure to construct the improvement in conformity with the
Code of the Village of Vernon.
A.
Obtaining a fire address number. The owner or applicant shall provide
to the Building Inspector, at the time that a permit for new construction
is issued, a receipt verifying the purchase of fire address numbers,
at a cost to be determined by the Village Board. The applicant shall
install the numbers on a post at a location not in excess of 40 feet
from the center of the traveled portion of the adjoining road, and
not in excess of 10 feet from the edge of the primary driveway located
on the premises, and numbers shall face the road and shall be installed
so that the numbers are not more than five feet nor less than four
feet from the surface of the existing grade.
A.
Regulations.
(1)
Side and rear yards. No person shall erect or construct in the side
or rear yards of any lot in a residential district any fence which
is over six feet in height from ground level unless a variance is
granted from the Plan Commission. For lake lots, the yard on the lake
side of the residence shall be considered the rear yard for purposes
of this subsection.
(2)
Front yards, street side. No person shall erect or construct in the
front yard of any lots in a residential district any fence which is
over four feet in height, except those located within the front yard
of a lot at such minimum distance from the base setback line as is
established for principal buildings within the zoning district in
which such fence is located.
(3)
Construction. Fences shall be constructed so as to have the decorative
side facing the neighboring property and the street and the supportive
side facing the inside of the property on which the fence is constructed.
B.
Administration. The Building Inspector shall be responsible for the
administration and enforcement of the provisions of this section.
A.
Private swimming pools. No person shall construct, install, enlarge,
reconstruct or maintain a residential swimming pool not enclosed in
a permanent building in the Village except in accordance with the
regulations of this section. Those swimming pools that are completely
enclosed within a permanent building shall comply with all ordinances,
building codes, regulations and statutes applicable, but where a conflict
occurs the more restrictive shall apply.
B.
Permit. No person shall construct, install, enlarge, or alter any
private swimming pool unless permits have first been obtained from
the Building, Electrical and Plumbing Inspectors. Applications shall
be on forms provided by the Building Inspector and shall be accompanied
by plans drawn to scale showing the accurate location of the proposed
pool on the property, including distances to existing lot lines, buildings
and fences, proposed structures or fences, and the location of all
underground and overhead electric or telephone lines.
C.
Fees. The building permit fee and the electrical permit fee for installation
of said pool shall be established from time to time by resolution
of the Village Board.
D.
Construction of pool. A private swimming pool shall be constructed
in accordance with the following requirements:
(1)
Distance required. All private swimming pools shall be constructed
at the minimum setback and offset requirement for principal buildings
located within the zoning district where such swimming pool is located.
(2)
Conformance with codes. All building, plumbing, electrical and other
codes as adopted by the Village Board shall be adhered to in the construction,
assembly or operation of a private swimming pool. All electrical work
shall be inspected and approved before the Building Inspector issues
an occupancy permit.
E.
Fences. Every private swimming pool, unless completely enclosed in
a structure, shall be completely surrounded by a fence or wall not
less than four feet in height, but not to exceed six feet in height,
which shall be so constructed as not to have openings, holes or gaps
which would allow access by unauthorized persons, except for doors
or gates. A dwelling house or accessory building may be used as part
of such enclosure. All gates or doors opening through such enclosures
shall be equipped with an inside self-closing and self-latching device
for keeping the gate or door securely closed at all times when not
in actual use, except that the door of any dwelling which forms a
part of the enclosure need not be so equipped.
(1)
A temporary fence (snow fence, etc.) can be used while said pool
is under construction.
(2)
Aboveground pools with self-provided fencing to prevent unguarded
entry will be allowed without separate additional fencing, provided
that the self-provided fence is of a four-foot minimum required height
and design as heretofore specified. Permanent access from grade to
aboveground pools having stationary ladders, stairs, or ramps shall
not have less than equal safeguard fencing and gates as are provided
by the pool proper.
F.
Water regulations.
(1)
No direct connection shall be made to the sanitary sewer or septic
system.
(2)
Provisions shall be made for the disinfection of all pool water.
No gaseous chlorination shall be permitted.
(3)
Any exterior bibs to be used in conjunction with the filling of any
swimming pool shall have an antisiphoning-type valve.
G.
Electrical regulations.
(1)
All electrical installations provided for, installed and used in
conjunction with a private swimming pool shall be in conformance with
the national, state, and local code regulating electrical installations.
(2)
All electrical installations must be inspected by the Village of
Vernon Electrical Inspector, and any electrical work to be covered
by concrete, or otherwise, must be inspected prior to being so covered.
H.
Final inspection. The Building Inspector shall make a final inspection
of all newly constructed, installed, enlarged or reconstructed pools
and shall issue an occupancy permit if no violation of this chapter
or any other ordinance, law, or lawful order is found. No owner shall
use, or permit to be used, any such pool until final inspection has
been made and an occupancy permit issued.
I.
Lights. If overhead flood or other artificial lights are used to
illuminate a pool at night, such light shall be shielded to be directly
upon the pool only.
J.
Nuisances. No pool shall be so operated or maintained as to create
a nuisance or an eyesore or otherwise to result in a substantial adverse
effect on neighboring properties or to be in any other way detrimental
to the public health, safety or welfare.
K.
Sanitation. A swimming pool and its appurtenant facilities shall
be kept in clean and sanitary condition.
A.
Variances and special exception.
(1)
The Plan Commission shall have the power to authorize variances and
special exceptions 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 this chapter will result in practical
difficulty or unnecessary hardship, so that the spirit of this chapter
shall be observed, public safety and welfare secured, and substantial
justice done.
(2)
The Plan Commission decision shall be made within 30 days after the
completion of the hearing.
B.
Appeal.
(1)
Any person whose application for special exception or variance has
been denied by the Plan Commission may file an appeal with the Village
Board within 30 days following denial of his/her application. The
Village Board shall fix a time for the hearing of the appeal and give
public notice thereof by a Class 2 notice under Ch. 985, Wis. Stats.,
and mailing to the owners of all lands within 300 feet of the applicant's
property that is the subject of the application at least 10 days before
such public hearing.
(2)
Requests for appeal shall be presented by petition filed with the
Village Clerk. A fee as set by the Village Board by resolution shall
accompany all petitions.
(3)
Each petition shall be referred to the Village Board for review.
The Village Board shall make a decision within 30 days.
The Building, Plumbing or Electrical Inspector may issue a stop-work
order for a project that is not in compliance with this chapter to
prevent further noncomplying work.
This chapter shall not be construed as assuming any liability
on the part of the Village, the Building, Plumbing or Electrical Inspector
or any other officers or employees of the Village for damages or injuries
to anyone or for any property harmed or destroyed by reason of any
defect in any building or structure constructed under Village permit.
It shall be unlawful for any person to erect, move, use, occupy or maintain any building or structure or part thereof in violation of any of the provisions of this chapter, or to cause to be permitted any violation of this chapter. Penalties for a violation of this chapter shall be as described in Chapter 1, § 1-10 of this Code.
