This chapter shall be known as the "Building
Code of the City of Bayfield" and will be referred to in this chapter
as "this code," "this chapter" or "this ordinance."
This chapter provides certain minimum standards,
provisions and requirements for safe and stable design, methods of
construction and uses of materials in buildings and/or structures
hereafter erected, constructed, enlarged, altered, repaired, moved,
converted to other uses or demolished and regulates the equipment,
maintenance, use and occupancy of all such buildings and/or structures.
Its purpose is to protect and foster the health, safety and well-being
of persons occupying or using such buildings and the general public.
New buildings hereafter erected in, or any building hereafter moved within or into the City, shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter
500, Zoning, of the Code of the City of Bayfield and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and the said Chapter
500, Zoning.
[Amended 10-18-2006 by Ord. No. 335; 5-19-2021 by Ord. No. 401]
A. Permit required.
(1) General permit requirement. No building of any kind shall be moved
within or into the City of Bayfield and no new building or structure,
or any part thereof, shall hereafter be erected, or ground broken
for the same, or enlarged, altered, moved, demolished, razed or used
within the City, except as herein provided, until a permit therefor
shall first have been obtained by the owner, or his authorized agent,
from the Building Inspector.
(2) Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When not in conflict with any regulations, alterations
to any existing building or structure accommodating a legal occupancy
and use but of substandard type of construction, which involves either
beams, girders, columns, bearing or other walls, room, heating and
air-conditioning systems, arrangement, light and ventilation, changes
in location of exit stairways or exits, or any or all of the above,
then such existing construction shall be made to conform to the minimum
requirements of this chapter applicable to such occupancy and use
and given type of construction.
(b)
Repairs. Repairs for purposes of maintenance, or replacements
in any existing building or structure which do not involve the structural
portions of the building or structure or which do not affect room
arrangement, light and ventilation, access to or efficiency of any
exist stairways, or exits, fire protection, or exterior aesthetic
appearance and which do not increase a given occupancy or use, shall
be deemed minor repairs.
(c)
Alterations when not permitted. When any existing building or
structure, which, for any reason whatsoever, does not conform to the
regulations of this chapter, has deteriorated from any cause whatsoever
to an extent greater than 50% of the equalized value of the building
or structure, no alterations or moving of such building or structure
shall be permitted. Any such building or structure shall be considered
a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of the structural
members of any building or structure have deteriorated from any cause
whatsoever to less than their required strength, the owner of such
a building or structure shall cause such structural members to be
restored to their required strength; failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this chapter are complied
with.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B. Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector or his designee and
shall state the name and address of the owner of the land and also
the owner of the building if different, the legal description of the
land upon which the building is to be located, the name and address
of the designer, the use to which said building is to be put and such
other information as the Building Inspector may require.
C. Site plan approval.
(1) Site plan approval. All applications for building permits for any
construction, reconstruction, expansion or conversion, except for
one and two family residences in residentially zoned districts shall
require site plan approval by the Architectural Review Board in accordance
with the requirements of this section. The applicant shall submit
a site plan and sufficient plans and specifications of proposed buildings,
machinery and operations to enable the Architectural Review Board
or its expert consultants to determine whether the proposed application
meets all the requirements applicable thereto in this chapter.
(2) Administration. The Building Inspector shall make a preliminary review
of the application and plans requiring site plan review and refer
them along with a report of his findings to the Architectural Review
Board. The Architectural Review Board shall review the application
and may refer the application and determine whether the application
and plans meet all the requirements applicable thereto in this chapter.
Within 30 days of its receipt of the application, the Architectural
Board shall authorize the Building Inspector to issue or refuse a
building permit.
(3) Requirements. In acting on any site plan, the Architectural Review
Board shall consider the following:
(a)
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas.
(b)
The layout of the site with regard to entrances and exits to
public streets; the arrangement and improvement of interior roadways;
the location, adequacy and improvement of areas for parking and for
loading and unloading; and shall, in this connection, satisfy itself
that the traffic pattern generated by the proposed construction or
use shall be developed in a manner consistent with the safety of residents
and the community, and the applicant shall so design the construction
or use as to minimize any traffic hazard created thereby.
(c)
The adequacy of the proposed water supply, provisions for stormwater
management, and sanitary and waste disposal.
(d)
The landscaping and appearance of the completed site. The Architectural
Review Board may require that those portions of all front, rear and
side yards not used for off-street parking shall be attractively planted
with a variety of plantings suitable for Bayfield's climate and
ecology, including trees, shrubs, native plantings, and live groundcover.
(e)
Vegetated stormwater management measures, such as but not limited to bioretention areas or rain gardens, green roofs, green walls, planter boxes, natural planting areas, and vegetated buffer strips, as defined in §
500-108, are encouraged to be incorporated into the landscaping plan for the site.
(f)
The use of any species designated as a regulated invasive plant
by the Wisconsin Department of Natural Resources pursuant to Wisconsin
Administrative Code NR 40 is strictly prohibited.
(g)
Any exterior trash or dumpster storage areas shall be screened
on four sides with a combination of opaque fencing or dense evergreen
screening. Dumpsters and trash containers shall have locking lids
that prevent the entry of rainwater or snowmelt. Trash and dumpster
storage areas shall be curbed or graded to direct runoff into appropriate
vegetated areas, and away from surface water flow paths or storm drains.
(4) Effect on municipal services. Before granting any site approval,
the Architectural Review Board may, besides obtaining advice from
consultants, secure such advice as may be deemed necessary from the
Building Inspector or other municipal officials, with special attention
to the effect of such approval upon existing municipal services and
utilities. Should additional facilities be needed, the Architectural
Board shall not issue the final approval until the City has entered
into an agreement with the applicant regarding the development of
such facilities.
(5) Appeals. Denials of building permits contingent upon site plan approval
may be appealed to the Zoning Board of Appeals by filing a notice
of appeal with the City Clerk within seven days of the denial.
D. Dedicated street and approved subdivision required. Unless a waiver
is granted by the Common Council, no building permit shall be issued
unless the property on which the building is proposed to be built
abuts a street that has been dedicated for street purposes. No building
permits shall be issued until the subdivision and/or certified survey
and required improvements are accepted by the Common Council.
E. Utilities required.
(1) Residential buildings. No building permit shall be issued for the
construction of any residential building until sewer, water, grading
and graveling are installed in the streets necessary to service the
property for which the permit is required and a receipt for payment
of electrical hookup is presented to the Building Inspector.
(2) Nonresidential building. No building permit shall be issued for the
construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading and graveling
in the streets necessary to service the property for which the permit
is requested.
F. Plans.
(1) Submittal required. With applications for new detached structures
or additions, there shall be submitted two complete sets of plans
and specifications, including a plot plan showing the location and
dimensions of all buildings and improvements on the lot, both existing
and proposed, dimensions of the lot, dimensions showing all setbacks
of all buildings on the lot, proposed grade of proposed structure
(to City datum), grade of lot and of the street abutting lot, grade
and setback of adjacent buildings (if adjacent lot is vacant, submit
elevation of nearest buildings on same side of street), type of monuments
at each corner of lot, watercourses or existing drainage ditches,
easements or other restrictions affecting such property, and the signature
of the applicant.
(2) Construction erosion control. For any project involving the disturbance or grading of 400 square feet or more of surface area, or involving excavation or fill of more than 10 cubic yards of material, or if necessary due to the nature of the project as determined by the Common Council, Plan Commission, Building Inspector, or City Engineer pursuant to §
190-3B(3), a construction erosion control plan shall be submitted setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site.
(3) Plans, specifications and plot plans shall be drawn to a minimum
scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one
foot). One set of plans shall be returned after approval as provided
in this chapter. The second set shall be filed in the office of the
Building Inspector. Plans for buildings involving the State Building
Code shall bear the stamp of approval of the State Department of Commerce.
One plan shall be submitted which shall remain on file in the office
of the Building Inspector. All plans and specifications shall be signed
by the designer.
(4) Any application for a building permit or site plan approval shall
include a review by the Zoning Administrator or her/his designee for
the placement of structures and changes in grade in locations or of
an extent that would impair the free flow of stormwater, or have the
potential to create a nuisance condition on an adjacent property or
within the public right-of-way. The Flow Path Map on file with the
City Clerk may be used to determine whether the placement of structures,
or changes to grade, is likely to cause such an impact. If such a
potential impact is identified, the landowner will be informed and
additional stormwater management measures may be required.
G. Waiver of plans; minor repairs.
(1) Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, he may waive the
filing of plans for alterations, repairs or moving, provided the cost
of such work does not exceed $5,000.
(2) Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilating or
air conditioning systems installed which, in the opinion of the Building
Inspector, are valued at less than $500 which do not change the occupancy
area, exterior aesthetic appearance, structural strength, fire protection,
exits, light or ventilation of the building or structure without issuance
of a building permit.
H. Approval of plans.
(1) If the Building Inspector determines that the building will comply
with this Building Code and with other applicable ordinances and orders
of the City, he shall issue a building permit which shall state the
use to which said building is to be put, which shall be kept and displayed
at the site of the proposed building. After being approved, the plans
and specifications shall not be altered in any respect which involves
any of the above-mentioned ordinances, laws or orders, or which involves
the safety of the building or the occupants, except with the written
consent of the Building Inspector.
(2) In case adequate plans are presented for part of the building only,
the Building Inspector, at his discretion, may issue a permit for
that part of the building before receiving the plans and specifications
for the entire building.
I. Inspection of work.
(1) The builder shall notify the Building Inspector when ready for inspections
and the Building Inspector may inspect after notification all buildings
at the following states of construction:
(a)
Footings and foundation. Prior to pouring of the foundation,
the builder shall supply an adequate site plan indicating the location
and depth of all excavation, footings, and foundation walls;
(b)
General framing, rough electrical, plumbing and heating;
(d)
Completion of the structure.
(2) If he finds that the work conforms to the provisions of this chapter,
he shall issue a certification of occupancy which shall contain the
date and the result of such inspection, a duplicate of which shall
be filed in the office of the Building Inspector.
J. Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months or if construction has
not been completed within one year from the date of issuance thereof.
K. Revocation of permits.
(1) The Building Inspector may revoke any building, plumbing or electrical
permit, certificate of occupancy, or approval issued under the regulations
of this chapter and may stop construction or use of approved new materials,
equipment, methods of construction, devices or appliances for any
of the following reasons:
(a)
Whenever the Building Inspector shall find at any time that
applicable ordinances, laws, orders, plans and specifications are
not being complied with and that the holder of the permit refused
to conform after written warning has been issued to him.
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation has been made
in the application for permit, plans, drawings, data specifications
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(f)
Whenever there is a violation of any of the conditions of an
approval or certificate of occupancy given by the Building Inspector
for the use of all new materials, equipment, methods or construction
devices or appliances.
(2) The notice revoking a building, plumbing or electrical permit, certificate
of occupancy or approval shall be in writing and may be served upon
the applicant of the permit, owner of the premises and his agent,
if any, and on the person having charge of construction.
(3) A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector.
(4) After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed, a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this chapter. However, such work as the Building Inspector may
order as a condition precedent to the reissuance of the building permit
may be performed, or such work as he may require for the preservation
of life and safety.
L. Report of violations. City officers shall report at once to the Building
Inspector any building which is being carried on without a permit
as required by this chapter.
M. Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
N. Electrical permits.
(1) Permit. No electric wiring or other equipment shall be installed
or altered without first securing a permit therefor from the Electrical
Inspector, except that repairs or replacements of broken or defective
sockets, switches or base receptacles may be made without a permit.
The application for such permit shall be on a form furnished by the
Electrical Inspector and shall state clearly the work planned, alterations
to be made, and equipment and materials to be used; all later deviations
from such plan must be submitted and approved by the Electrical Inspector.
(2) Inspection of work. After roughing in the wiring of any building
and before any such work is covered up, or upon completion of any
outside wiring construction work, it shall be the duty of the person
doing such work to notify the Electrical Inspector.
O. Plumbing permits.
(1) Permit. No plumbing or drainage of any kind shall be installed or
altered, except that leakage or stoppage repairs may be made without
first securing a permit therefor from the Plumbing Inspector. The
application for such permit shall be on a form furnished by the Plumbing
Inspector and shall state clearly the work planned, alterations to
be made, and equipment and materials to be used. All later deviations
from such plan must be submitted to and approved by the Plumbing Inspector.
(2) Licensed plumber required. All plumbing work shall be done only by
a plumber licensed by the State Department of Commerce, except that
a property owner may make repairs or installations in a single-family
building owned and occupied by him as his home provided that a permit
is issued and the work is done in compliance with the provisions of
this chapter.
(3) Inspection of work. Upon completion of the plumbing work on any premises,
the person doing such work shall notify the Plumbing Inspector before
such work is covered up, and the Plumbing Inspector shall at once
inspect, or cause to be inspected, the work. If he finds that the
work conforms to the State Plumbing Code, he shall issue a certificate
of compliance, which shall contain the date and an outline of the
result of such inspection, a duplicate of which shall be filed by
location in the office of the Plumbing Inspector. No person shall
use or permit to be used any plumbing or drainage until it has been
inspected and approved by the Building Inspector.
Whenever the Common Council, upon the inspection
and report of the Building Inspector, finds any building or part thereof
within the City to be, in its judgment, so old, dilapidated or out
of repair as to be dangerous, unsafe, unsanitary or otherwise unfit
for human occupancy or use and so that it would be unreasonable to
repair the same, the Council may order the owner to raze and remove
such building or part thereof or, if it can be made safe by repairs,
to repair and make safe and sanitary, or to raze and remove at the
owner's option. The Council shall give specific reasons for its determination.
Such order and proceedings shall be as provided in § 66.0413,
Wis. Stats.
The purpose of the inspections under this chapter
is to improve the quality of housing in the City. The inspections
and the reports and findings issued after the inspections are not
intended as, nor are they to be construed, as a guarantee. In order
to so advise owners and other interested persons the following disclaimer
shall be applicable to all inspections: "These findings of inspection
contained herein are intended to report conditions of noncompliance
with code standards that are readily apparent at the time of inspection.
The inspection does not involve a detailed examination of the mechanical
systems or the closed structural and nonstructural elements of the
building and premises. No warranty of the operation, use or durability
of equipment and materials not specifically cited herein is expressed
or implied."
Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code and the accessory building requirements of Chapter
500, Zoning, of the Code of the City of Bayfield.
If any section, clause, provision or portion
of this chapter, or of the Wisconsin Administrative Code adopted by
reference, is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remaining provisions shall not be affected.