[HISTORY: Adopted by the Common Council of the City of Port Washington as §§ 15.01 to 15.06 and 15.08 to 15.12 of the 1984 Code. Amendments noted where applicable.]
A. 
Title. This chapter shall be known as the "Building Code of the City of Port Washington."
B. 
Purpose. The purpose and intent of this chapter is to:
(1) 
Exercise jurisdiction over the construction and inspection of new buildings and structures in addition to existing buildings and structures.
(2) 
Provide plan review and on-site inspection of buildings and structures by inspectors certified by the Department of Safety and Professional Services.
(3) 
Establish and collect fees to defray administrative and enforcement costs.
(4) 
Establish remedies and penalties for violations.
(5) 
Establish use of the Wisconsin uniform building permit as described by the Wisconsin Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The Administrative Code provisions describing and setting forth regulations for the Uniform Dwelling Code and Commercial Building Code are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by Administrative Code provisions incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the City Clerk's office.
B. 
The provisions of the Wisconsin Uniform Building Code are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by the Wisconsin Uniform Building Code is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Wisconsin Uniform Building Code are intended to be made part of this chapter. A copy of the Wisconsin Uniform Building Code and any future amendments shall be kept on file in the City Clerk's office.
As used in this chapter, the following terms shall have the meanings indicated:
ADDITION
New construction performed on a building or structure which increases the outside dimensions of a building or structure.
ALTERATION
A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
COMMERCIAL BUILDING CODE
Those Administrative Code provisions, and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code: Chapter SPS 361, Administration and Enforcement; Chapter SPS 362, Buildings and Structures; Chapter SPS 363, Energy Conservation; Chapter SPS 364, Heating, Ventilating and Air Conditioning; Chapter SPS 365, Fuel Gas Appliances; and Chapter SPS 366, Existing Buildings.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
DEPARTMENT
The Department of Safety and Professional Services.
DWELLING
A. 
Any building, the initial construction of which is commenced on or after the effective date of this chapter, which contains one or two dwelling units; or
B. 
An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.
MANUFACTURED HOME
That structure defined, in relevant part, under 24 CFR 3280.2, and any amendments thereto, as "[a] structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length or which when erected on-site is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
MINOR REPAIR
Performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance, and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.
ONE- OR TWO-FAMILY DWELLING
A building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household, to the exclusion of all others, and shall include a manufactured home as defined in this section.
PERSON
An individual, partnership, firm or corporation.
UNIFORM DWELLING CODE
Those Administrative Code provisions, and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code: Chapter SPS 320, Administration and Enforcement; Chapter SPS 321, Construction Standards; Chapter SPS 322, Energy Conservation; Chapter SPS 323, Heating, Ventilating and Air Conditioning; Chapter SPS 324, Electrical Standards; and Chapter SPS 325, Plumbing.
A. 
Creation of office. For the purpose of administrating and enforcing the provisions of this chapter, the City shall establish the office of Building Inspector who shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Subordinates. The Building Inspector may appoint, as necessary, subordinates, which appointments shall be subject to confirmation by the Council. Any subordinate hired to inspect buildings shall be certified under Ch. SPS 305, Wis. Adm. Code, by the Department.
C. 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code, the Commercial Building Code and the Wisconsin Uniform Building Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his/her agent while in the performance of his/her duties.
E. 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Building Inspector shall keep a record of all applications for building permits in a file for such purpose and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings shall be kept. The Building Inspector shall make a written annual report to the Common Council relative to these matters.
A. 
No building or structure of which initial construction, addition or alteration shall be commenced after the effective date of this chapter shall be built, enlarged, altered or repaired unless a building permit for that work shall first be obtained by the owner, or his or her agent, from the Building Inspector.
B. 
Application for a building permit shall be made in writing upon that form as designated from time to time by the appropriate administrative department of the State of Wisconsin.
A. 
Intent. The intent of this section is to establish standards for the design and appearance of new one- and two-family dwellings proposed to the constructed in developments for which a final plat was approved on or after September 1, 2004, and for new one- and two-family dwellings constructed on lots in neighborhoods existing before September 1, 2004, or constructed in developments for which a final plat was approved before September 1, 2004. These regulations are intended to allow a mixture of affordable housing types in a manner which will not adversely affect the appearance of or property values within existing neighborhoods. For this reason, design standards have been established which regulate the appearance of such new one- and two-family dwellings, allowing only those that are acceptably comparable in appearance to surrounding dwellings in one- and two-family residential districts.
B. 
The applicant shall submit two sets of plans, two copies of the plat of survey, heat calculations and an erosion control plan for all new one- or two-family dwellings at the time that the building permit application is filed. The application shall include a list of the building features, selected by the applicant from the table set forth in Subsection E hereof, to be included in the new one- or two-family dwelling design.
C. 
All new one- and two-family dwellings shall have a minimum width of 26 feet, a minimum roof pitch of 4:12, a minimum 7 1/4 inches wide fascia and rake trim, and approved footings and foundations as provided in §§ SPS 321.15 to 321.18 (as amended), Wis. Adm. Code.
D. 
New one- and two-family dwellings on corner lots shall be of similar design and appearance, and shall provide similar aesthetic enhancements, on all street exposures.
E. 
In addition to the other requirements set forth in this section, the following minimum point totals resulting from any combination of the following building features shall be required for approval of a building permit:
(1) 
Seven points shall be required for all one- or two-family dwellings constructed in developments for which a final plat was approved on or after September 1, 2004.
(2) 
Six points shall be required for all one- or two-family dwellings constructed on lots in neighborhoods existing before September 1, 2004, or constructed in developments for which a final plat was approved before September 1, 2004.
(3) 
Table of building features and points:
Item
Points
Building Features
A
1
1 1/2 story dwelling with dormers
B
1
Bay, angled bay or boxed out window treatments
C
1
Covered front entry/porch of at least 4 feet x 8 feet
D
1
Heavy textured dimensional roofing material
E
1
Main roofline to be at least 6:12 pitch
F
1
Masonry or cementitious replicated masonry in combination with wood, natural-like products or other City-approved products on entire front elevation
G
1
Minimum of 3 1/2 inches trim around all doors and windows
H
1
Roof dormers on 6:12 or greater pitched roof
I
1
Shutters on street elevations constructed of wood, engineered wood-like products or other City-approved products; shutters must be proportional to the size of the windows
J
2
Covered front entry/porch of at least 5 feet x 12 feet or larger with architectural treatments, i.e., railing, posts, etc.
K
2
Garage offset at least 2 feet behind front wall of dwelling
L
2
Masonry or cementitious replicated masonry on at least 25% of the gross wall and recessed areas of the front elevation
M
2
Multi-level dwelling designed for sloped sites excluding basement walkouts in rear wall
N
2
Offset or stagger of the front wall plane by at least 2 feet (but not including the garage wall or a recessed entry)
O
2
Shutters on all elevations constructed of wood, engineered wood-like products or other City-approved products; shutters must be proportional to the size of the windows
P
2
Wood, engineered wood-like products or other City-approved products on all exterior wall surfaces
Q
2
Masonry or cementitious simulated masonry products on at least 15% of the exterior gross wall area
R
3
A combination of masonry or cementitious simulated masonry products on at least 15% of the exterior gross wall area in combination with wood, engineered wood-like products or other City-approved products on all other exterior wall surfaces
S
3
Side-loaded garage with windows in front wall of garage that are compatible with other windows in the front elevation
F. 
For the purpose of the point system set forth in Subsection E hereof, City-approved products shall include, but are not limited to, masonry, wood, engineered wood products, and cementitious exterior wall coverings.
G. 
The City encourages creativity in the use of new and natural products or architectural features that will enhance the appearance of buildings, including but not limited to masonry techniques such as returns at corners, the creation of shadow lines with rowlocks, soldiers, quoins, and brick and stone mixes.
H. 
The Building Inspector may, in his discretion, permit an applicant to substitute or combine materials and building features not identified in Subsections E, F and G hereof; provided, however, that the overall building aesthetics shall comply with the design standards and intent of this section.
I. 
If the required minimum point total set forth in Subsection E hereof is not met and the Building Inspector does not permit a substitution or combination of materials and building features, the applicant may, within 20 days from the date of denial of a building permit, request that the dwelling design or the decision of the Building Inspector be reviewed by the Design Review Board. A decision of the Board shall be made within 30 days of receipt of the applicant's request for review. In making its decision, the Board may affirm or reverse the determination of the Building Inspector or grant a special exception to the design standards set forth in this section; provided, however, that a special exception may be granted only if the applicant can show that the proposed dwelling will not adversely affect the appearance of, or property values within, the residential neighborhood in which the proposed dwelling is to be constructed or located.
J. 
The provisions of this section shall be reviewed one year following its adoption and periodically thereafter as may be deemed appropriate.
If the Building Inspector finds that the proposed building or repair or addition complies with all City ordinances and the Uniform Dwelling Code, the Building Inspector shall officially approve the application and a building permit shall be subsequently issued to the applicant. The issued building permit shall be posted in a conspicuous place at the building site. A copy of any issued building permit shall be kept on file with the Building Inspector.
A. 
For any activity for which a building permit is required under this chapter, all waste and unused scrap building materials (including without limitation garbage, debris, or hazardous material) shall be properly disposed of into a dumpster or other means of collection approved by the Building Inspector. The means of collection shall be placed on site at the commencement of the construction, enlargement, alteration, or repair and remain on site until final inspection of premises.
B. 
At the end of each work day the site should be made free of all waste and unused scrap building material except that properly contained or disposed of as allowed in Subsection A.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING
Includes any building, dwelling or structure, or any portion of a building, dwelling or structure, whether used for agricultural, commercial, industrial, institutional, residential or other purposes.
HISTORIC BUILDING
Any building or object listed on, or any building or object within and contributing to a historic district listed on, the National Register of Historic Places in Wisconsin or the State Register of Historic Places or identified as potentially eligible to be listed on such national or state registers, or listed on the inventory of historic places maintained by the City titled "Intensive Survey Report (1998)," as amended from time to time.
RAZE
To demolish and remove any building, dwelling or structure and to restore the site to a dust-free and erosion-free condition.
B. 
No person may raze a building in the City without a permit. Application for such permit shall be submitted to the Building Inspector along with payment of an application fee. A permit to raze a building other than a historic building may be issued by the Building Inspector. An application to raze a historic building shall be referred to the Design Review Board for review and recommendation and then to the Plan Commission for review and action, including issuance of a certificate of appropriateness, pursuant to §§ 485-131 through 485-135 of Chapter 485, Zoning.
C. 
The Plan Commission shall require an applicant for a permit to raze a historic building to publish a Class 2 notice of such application prior to Plan Commission action on the application.
D. 
If an application is made for a permit to raze a historic building, or an order is issued under § 66.0413, Wis. Stats., to raze a historic building, or the City intends to raze a City-owned historic building, the City shall notify the State Historical Society of the application, order or intent as provided in § 66.0413(3), Wis. Stats., and no such historic building may be razed for 30 days after such notice is given, unless a shorter period is authorized by the State Historical Society.
E. 
Nothing in this section shall be deemed to abrogate or limit the authority of the Common Council, Building Inspector or other designated City officer under § 66.0413, Wis. Stats., to order the owner of a building which is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation to raze or repair the building, or the City's right to commence and prosecute a court action to obtain an order determining that the building constitutes a public nuisance, or for any other relief.
A. 
No heating, air-conditioning, boiler, heat pump, venting or other such work as contemplated by this code and the Uniform Dwelling Code and Commercial Building Code shall be commenced unless a permit for that work shall first be obtained by the owner, or his or her agent, from the Building Inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Application for a HVAC permit shall be made in writing upon that form as designated from time to time by the appropriate administrative department of the State of Wisconsin. No permit shall be issued to any person or entity not certified by the State of Wisconsin as an HVAC contractor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person or business that is changing occupancy of a building zoned for business or commercial use shall occupy the building without first making application for a change of occupancy permit. The change of occupancy permit is issued by the City Building Inspector. The cost for completing a change of occupancy application form is an amount established or revised from time to time by resolution of the Common Council. No building or part thereof shall be occupied until such permit is approved by the Building Inspector.
A. 
Penalties. No person shall erect, use, occupy, or maintain any building, structure, or premises in violation of any provision, rule, or regulation of this chapter or in violation of those provisions of the Uniform Dwelling Code relating to the same matters regulated by this chapter, or cause or permit any such violation to be committed. Any person violating any of said provisions, rules, or regulations shall, upon conviction thereof, be subject to a forfeiture of not less than $100 per day nor more than $200 per day for a first violation; and not less than $200 nor more than $300 per day for a second violation of the same provision, rule, or regulation; and not less than $300 nor more than $500 per day for each subsequent violation of the same provision, rule, or regulation, together with the costs of prosecution and, if in default of payment thereof, shall be imprisoned for a period of not less than one day nor more than six months or until such forfeitures and costs are paid. Each day that a violation continues shall constitute a separate offense.
[Amended 3-7-2023 by Ord. No. 2023-4]
B. 
Corrections. If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation(s) to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § SPS 320.21(3), Wis. Adm. Code.
C. 
Failure to correct. If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his or her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.
D. 
Other remedies. Nothing in this chapter shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Double fees charged. If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.
Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Zoning Board of Appeals. Those procedures customarily used to effectuate an appeal to the Zoning Board of Appeals shall apply.
This chapter shall not be construed as an assumption of liability by the City for damages because of injuries or property destroyed by a defect in any dwelling or equipment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If any section, clause, provision or portion of this chapter or of the Wisconsin Uniform Building Code, the Uniform Dwelling Code, or the Commercial Building Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.
[Amended 12-15-2015 by Ord. No. 2015-12; 12-15-2020 by Ord. No. 2020-9; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
At the time the application for a building or HVAC permit is filed, the applicant shall pay the fees established or revised from time to time by resolution of the Common Council.
[Added 3-7-2023 by Ord. No. 2023-4]
The Building Inspector or their designee is authorized to issue municipal citations for violations of any provisions, rules, or regulations of this chapter that are subject to penalty.