Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[Adopted as § 2.09 of the 1961 Code]
Except as described in Subsection C below, no building permit for any structure for which a building permit is required shall be issued unless it has been found as a fact by the Building Board by at least a majority vote, after an examination of the application papers for a building permit, which shall include exterior elevations of the proposed structure, that the exterior architectural appeal and functional plan of the proposed structure will, when erected, not be so at variance with nor so similar to either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by the Village zoning regulations as to cause a substantial depreciation in the property values of the neighborhood within the applicable district.
When plans are filed with the Village of Fox Point for a building permit for any structure which requires a finding by the Building Board as set forth in Subsection A above, a filing fee as described in Chapter 63, Fees, of this Code shall be paid to the Village at the time of filing the plans. This is in addition to all other fees required in connection with the application for the issuance of a building permit. Unless such filing fee is paid, the Building Board shall not consider the plans or take any action in respect to such plans.
Exceptions. Building Board approval is not required for building permits related solely to:
Interior work.
Repair work, such as re-roofing, re-siding, repair of existing retaining walls, repair of existing fences, and similar repair work, unless Building Board review is required by express language within this Village Code, and provided that the following requirements shall be satisfied:
The repair work must be made to a quality that is substantially similar or superior to the quality of the original construction.
The repair work must be incorporated into the structure in a manner that is aesthetically compatible with the original construction.
Fences, except in circumstances under which Building Board approval of a fence is expressly required by this Code or by lawful order made pursuant to this Code.
[Added 5-14-2013 by Ord. No. 2013-03]
Accessory structures that are 100 square feet in footprint area or smaller, which have only one floor, except in circumstances where Building Board approval of such an accessory structure is specifically required by this Code or by lawful order made pursuant to this Code.
[Added 5-14-2013 by Ord. No. 2013-03]
Replacement of doors with doors that fit in the same door frame area, and replacement of windows that fit in the same window frame area.
[Added 12-10-2019 by Ord. No. 2019-10]
[Added 2-12-2002 by Ord. No. 2002-02; amended 2-9-2016 by Ord. No. 2016-01; 12-10-2019 by Ord. No. 2019-10]
Composition. The Building Board shall consist of five residents of the Village, two of whom shall be architects, including within the term landscape architects.
Selection. The members of the Building Board shall be appointed by the Village President, subject to confirmation of the Village Board. The Village President shall choose the presiding officer. The members of the Building Board shall be appointed to hold office for a period of three years, provided that initial appointments shall be two members for three years, two members for two years and one member for one year. Appointments shall be made during the month of April or as soon thereafter as reasonably practicable, for terms that expire in April or at any other time if a vacancy occurs during the middle of a term. The Building Board shall remain as constituted at the time of adoption of this section until appointments are made under this provision.
Quorum. A quorum shall consist of three members, except that in the event of a meeting of three members in which one member recuses himself/herself due to a conflict, then the two remaining members shall have authority to act, and in the instance such two members cannot act in unison, such tie vote shall cause the matter in question to be laid over to the next meeting.
Meeting date. The Building Board shall hold monthly meetings on a regular schedule selected by the Building Board. The Building Board may call special meetings from time to time upon the written request of two members, or at the call of the chair.
[Added 1-13-2004 by Ord. No. 2004-01]
The Village Building Board may, if it desires, hear the applicant for the building permit in question and/or the owner of the lot on which it is proposed to erect the structure in question, together with any other persons, whether residents or property owners, desiring to be heard. Such hearing may be adjourned from time to time, but for not more than 48 hours. Within 48 hours after the close of the hearing the Building Board shall, in writing, make or refuse to make the finding required by § 19-9, and file it in the office of the Village Clerk/Treasurer, who shall send a copy of it to the Building Inspector.
In Building Board actions involving special exceptions, variances, and modification of open areas, in addition to any notice requirements under any applicable state or federal law, or as otherwise provided in the Village of Fox Point Code, the Village Clerk/Treasurer, or his or her designee, shall provide notice by first class mailing to the owners or occupants of all properties within 500 feet of the subject property at least 21 days prior to any hearing or proceeding.
[Amended 12-10-2019 by Ord. No. 2019-10]
Permit denial. The Building Board may order the building permit to be denied only after providing the applicant an opportunity to be heard, and finding sufficient cause to deny the application based upon the standards of § 19-9A. Such finding shall be made in writing, and the basis for such decision shall be expressly stated. Notice and a copy of the written decision shall be provided to the applicant.
Advisory recommendation. The Building Board, as a service to the applicant, may offer recommended plan revisions, without need of a finding per § 19-9A. Such recommendations may be written or oral, and are advisory only. Nothing the Building Board may recommend in its advisory capacity shall be interpreted to expand, reduce or modify applicable laws or requirements related to the applicant's project. The applicant may amend the applicant's plans to incorporate the Building Board's recommendations, at the applicant's option, and such revised plans do not require further Building Board review. Nothing in this subsection shall be interpreted to prohibit the applicant from seeking further review from the Building Board, at the applicant's option.
Any person entitled to appeal from the grant of, or refusal of the Building Inspector to grant, the building permit may appeal to the Board of Appeals of the Village in the same manner and with the same force and effect as if this article had not been adopted and the Building Inspector had taken such action independently of the Building Board.