[HISTORY: Adopted by the Town Board of the
Town of Winneconne 7-16-2015 by Ord. No. 2015-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 120.
Numbering of buildings — See Ch. 124.
Unsafe buildings — See Ch. 126.
Mobile home parks and trailer camps — See Ch. 210.
Streets and sidewalks — See Ch. 270.
[1]
Editor's Note: This ordinance superseded former Ch. 122, Buildings,
Moving of, adopted 8-15-2013.
No building shall be moved over the streets or roads of the
Town unless a permit has been granted by the Town Building Inspector.
Any person wishing to move a building over the streets or roads
of the Town shall apply on a form provided by the Building Inspector.
Such application shall be signed by the owner of the property to where
the building is being moved. The applicant shall include a site plan
which includes plans for the foundation. The Building Inspector shall
issue a building moving permit for relocation of the building in accordance
with the application and in accordance with all Town ordinances and
state law.
A.
Permit to state requirements. Every permit issued shall state all
conditions to be complied with and designate the route to be taken,
and the limit of time for removal.
B.
Buildings on streets or roads.
(1)
The moving of the building shall be continuous during all hours of
the day and day by day until the moving is completed, to cause the
least possible obstruction to streets or roads.
(2)
No building shall be allowed to remain stationary overnight on any
street or road, crossing or intersection.
(3)
Flashing red warning lights shall be placed conspicuously at both
ends of the building during night travel.
(4)
If a building being moved must remain stationary on a street or road
for any period time, permission for such shall be obtained from jurisdictional
law enforcement and the Building Inspector.
No permit shall be granted for the moving of buildings over
the streets or roads of the Town without certain conditions being
met as follows:
A.
The building shall be of such length, height and width that, in the
opinion of the Building Inspector, it will not interfere with power
lines, trees, and other structures along the route to be traveled.
B.
The applicant shall deposit with the Town Clerk a bond of $10,000
with acceptable surety running to the Town conditioned that he will
save and indemnify the Town against any costs, expenses, or damages
which may in any way accrue against the Town by reason of moving and
will hold the Town harmless against all liabilities, judgments, costs
and expenses as a consequence of the granting of a permit.
A.
The mover of any building to whom a permit has been granted shall
notify the Building Inspector of the time when moving is to begin.
A.
The Building Inspector shall issue a building moving permit for the
relocation of said building in compliance with all building and zoning
regulations.
B.
A relocation shall not be made if there is a protest of the relocation
duly signed and acknowledged by the owners of 20% or more of the land
immediately adjacent extending 100 feet therefrom or by the owners
of 20% or more of the land directly opposite thereto extending 100
feet from the street or road frontage of such opposite land, unless
so granted by a three-fourths vote of the Town Board.
C.
No building shall be moved from one location to another location
within the Town if said building has been in existence more than 50%
of its estimated life expectancy as set forth in Boeckh's Manual
of Appraisals Depreciation Table for Buildings.
D.
No building shall be moved from outside the corporate limits of the Town to within the corporate limits of the Town, unless approved by the Building Inspector under Subsection B above.
E.
No building shall be moved from within the Town to outside the Town
unless approved by the Building Inspector.
F.
Conformance with Building Ordinance. No permit shall be issued to
move a building within or into the Town and to establish it upon a
location within the said Town until the Building Inspector has made
an investigation of such building at the location from which it is
to be moved and is satisfied from such investigation that said building
is in a sound and stable condition and of such construction that it
will meet the requirements of the Building Ordinance in all respects.
A complete plan of all further repairs, improvements and remodeling
with reference to such building shall be submitted to the Building
Inspector, and he shall make a finding of fact to the effect that
all such repairs, improvements and remodeling are in conformity with
the requirements of the Building Ordinance and that, when the same
are completed, the building as such will so comply with said Building
Ordinance. In the event a building is to be moved from the municipality
to some point outside the boundaries thereof, the provisions with
respect to the furnishing of plans and specifications for proposed
alterations to such building may be disregarded.
G.
Insurance. The Building Inspector shall require, in addition to said
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $100,000 and for one accident
in a sum not less than $200,000, together with property damage insurance
in a sum not less than $50,000 or such other coverage as deemed necessary.
H.
Street repair. The Town Highway Superintendent shall inspect the
route over which the building will travel prior to the date of the
move. Every person receiving a permit to move a building shall, within
one day after said building reaches its destination, report that fact
to the Building Inspector, who shall thereupon, in the company of
the Town Highway Superintendent, inspect the streets and highways
over which said building has been moved and ascertain their condition.
If the move of said building has caused any damage to any street or
highway, the person to whom the permit was issued shall forthwith
place it in good repair as it was before the permit was granted. On
the failure of said permittee to do so within 10 days thereafter to
the satisfaction of the governing body, said body shall repair the
damage done to such streets and hold the person obtaining such permit
and the sureties on his bond responsible for the payment of the same.
I.
Stop-work order. Whenever the provisions of this chapter or of the
plans approved thereunder are not complied with, a stop-work order
shall be served on the owner or his representative and a copy thereof
shall be posted at the site of the construction. Such stop-work order
shall not be removed except by written notice of the Building Inspector
after satisfactory evidence has been supplied.
A.
Smaller buildings of one story in height and not more than 16 feet
wide, including cornice, may be moved on a truck or trailer equipped
with pneumatic tires.
All sites which have either a hole or a basement located on
the lot for the purpose of moving a building to the site or from the
site shall have a protective fence surrounding the hole or basement
foundation. The protective fence shall be at least four feet tall
and shall not allow for a six-inch sphere to pass through the fence.
The fence shall be in good condition and shall prevent entry onto
the hole site. The protective fence as described herein shall remain
at the site during all times the hole or basement foundation remains
open. However, no protective fence shall be allowed for a period of
time to exceed 12 months from the date the hole or open basement foundation
is established. Prior to the end of the twelve-month time frame, a
building shall be placed upon the hole or open basement foundation
site. In the event the hole or open basement foundation is not covered
with a building as provided herein, then the Town shall provide notice
to the owner of the land that, pursuant to the police powers of the
Town, if the open hole or open basement foundation is not covered
with a building within 30 days, then the Town, at the Town's
discretion, may remove any basement foundation and restore the site
to grade. Any costs incurred by the Town's action as set forth
herein shall be billed to the owner of the property and placed as
a special lien against the property.
Before a building, mobile home or manufactured home can be moved
or relocated, the owner or agent shall notify all utilities having
service connections within the building, such as water, electric,
gas, sewer and other connections. A permit to remove or relocate a
building, mobile home or manufactured home shall not be issued until
a release is obtained from the utilities 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.
Whenever a building, mobile home or manufactured home is moved
or relocated, the premises shall be maintained free from all unsafe
or hazardous conditions by the proper regulation of the lot, restoration
of established grades and the erection of the necessary retaining
walls and fences in accordance with the ordinances. The Building Inspector
is hereby authorized to act for the municipality under the provisions
of § 66.05, Wis. Stats., relating to the razing of buildings,
and all acts amendatory thereof and supplementary thereto. The Town
Treasurer is authorized to place the assessment and collect the special
tax as therein provided.
A.
No permit to begin work for new construction, alteration, removal,
moving or other building operation shall be issued until the fees
prescribed in this chapter shall have been paid to the Building Inspector,
nor shall an amendment to a permit, necessitating an additional fee
because of an increase in the estimated cost of the work involved,
be approved until the additional fee shall have been paid.
B.
Special fees. The payment of the fee for the construction, alteration,
moving or removal and for all work done in connection with or concurrently
with the work contemplated by a building permit shall not relieve
the applicant or holder of the permit from the payment of other fees
that may be prescribed by law or ordinances for water taps, sewer
connections, electrical permits, erection of signs and display structures,
marquees or other appurtenant structures, or fees for inspections,
certificates of use and occupancy or other privileges or requirements,
both within and without the jurisdiction of the Building Inspector
or his/her designees.
C.
Moving of buildings. The fee for a building permit for the removal
or moving of a building or structure from one lot to another or to
a new location on the same lot shall be per the Town of Winneconne
fee schedule and shall be paid to the Town Clerk.
D.
Refunds. In the case of a revocation of a permit or abandonment or
discontinuance of a building project, refunds shall be at the discretion
of the Building Inspector. Refunds, if granted, shall only include
fees that are refundable, and they shall be based on the amount of
work completed.
