City of St. Francis, WI Building Construction

Bond required. Any person requesting a building permit in the City of St. Francis for a building/structure that is subject to the certificate of occupancy requirements in § 455-50 of this Code shall, before a building permit is issued, deposit with the City Clerk/Treasurer a cash bond to ensure and guarantee to the City that the building/structure for which the building permit is requested shall not be occupied before an occupancy permit for such building/structure has been obtained. For a single-family residential building/structure, the cash bond shall equal $1,000. For all other building/structures, the cash bond shall equal $5,000.

Definitions.

Occupy. A building shall be considered to be occupied for the purposes of this section if any personal property, other than that absolutely necessary for construction of the building, has been moved into the building, or that any person, at any time, has used the building in the manner in which it is intended to be used upon completion.

Certificate of occupancy permit. A certificate of occupancy shall mean a certificate of occupancy issued by the City of St. Francis under § 455-50 of this Code.

Person. Person shall mean any individual, partnership, limited liability company, and bodies corporate or politic.

Bond. The occupancy bond required under this section shall be held until all state and local codes are complied with prior to any person(s) occupying the property. This bond shall be returned upon issuance of a certificate of occupancy under § 455-50 of this Code, less 10% as the City's costs of administration.

Forfeiture of occupancy bond. Failure to obtain a certificate of occupancy or occupying the property prior to receipt of an occupancy permit shall result in forfeiture of said deposit, in addition to any fine(s), costs, fees or penalties assessed as a result of this Code.

Erosion control and landscaping bond required.

Responsibility for installation and maintenance of erosion control until landscaping established. Any person(s) that is constructing any new building/structure; reconstructing any existing building/structure; and/or constructing any structural exterior addition to any building/structure shall be responsible for fully installing and maintaining required erosion control measures until such time as the lawn and landscaping are established. The provisions of this section shall be deemed to apply whether such building/structure is residential, commercial, or industrial.

Cash bond required.

Any person making application for a building permit for a building/structure regulated under Subsection G(1) above shall, before issuance of such building permit, post with the City Clerk/Treasurer a refundable cash bond to ensure that erosion control measures are maintained until such times as the lawn and landscaping are established and that landscaping is installed in accordance with approved plans.

For residential construction subject to the provisions of this Subsection G, a cash bond in the amount of $3,000 shall be deposited with the City Clerk/Treasurer prior to the issuance of any building permit. For any commercial or industrial construction subject to the provisions of this Subsection G, a cash bond shall be deposited with the City Clerk/Treasurer prior to the issuance of any building permit in the amount determined by the City Engineer in his or her discretion, taking into consideration the projected cost of the BMPs and other facilities required in the approved erosion control plan together with a reasonable estimate of the cost of site stabilization and/or cleanup in the event of noncompliance with the approved erosion control plan and the cost of installation of landscaping in accordance with the approved landscaping plan.

Forfeiture of bond. If, at any time, the Building Inspector determines that erosion control measures have not been fully and properly installed or maintained, or that landscaping has not been fully or properly installed, the Building Inspector shall provide notice of said determination to the applicant for the building permit by personal service or United States Mail. If, after 24 hours from delivery of such notice, the violation(s) set forth in such notice have not been completely remedied, the entire cash bond shall be forfeited and another cash bond of an equal amount shall be provided to the City before work on the project may continue.

(5)

Duration of bond. The cash bond required under this Subsection G shall remain with the City Clerk/Treasurer until the Building Inspector, or their deputy, or the City Administrator shall inspect the premises upon which the project is being performed and determines whether the project is completed to a stage that no further need for the bond is required. If the Building Inspector or City Administrator find that the City has no further need for the bond, he or she may then authorize the City Clerk/Treasurer to return the balance remaining of said cash bond. Interest, if any, earned upon said cash bond shall belong to the City to defray the cost to the City of administering this section.

(6)

Unpaid balance to be placed on tax roll. In the event that the amount of the cash bond is insufficient to cover all cleanup and/or repair costs of the City, the property owner shall be billed for the balance owed, and if said bill remains unpaid after 30 days, the amount charged will be placed on the tax roll as a special charge pursuant to § 66.0627, Wis. Stats.

§ 198-4 State codes adopted.

[Amended 2-22-2012 by Ord. No. 1310; 8-7-2018 by Ord. No. 1432]

One- and two-family dwellings.

Uniform Dwelling Code adopted. The Wisconsin Uniform Dwelling Code, Chs. SPS 320 through 325, Wis. Adm. Code, and all appendixes thereto, as amended from time to time, is adopted by reference as part of this chapter as though fully set forth herein.

Building Inspector to enforce. The Building Inspector, as certified by the Department of Safety and Professional Services (SPS), and his designated representatives shall administer and enforce all of the provisions of the Wisconsin Uniform Dwelling Code.

Building Inspector to collect fees. The Building Inspector shall collect any state fee required under the Uniform Dwelling Code when the building permit is issued. An additional fee shall be charged by the City for plan examination and additional costs incurred by the City in administering state code provisions.

Existing buildings, commercial structures and other structures.

State codes adopted. The following Wisconsin Administrative Codes, their referenced codes and standards, and subsequent revisions are adopted for municipal enforcement by the building inspector and/or plans examiner, who shall be commercially certified by the Wisconsin Division of Industry Services.

Chs. SPS 302	Plan review fee schedules
Chs. SPS 360-366	Wisconsin Commercial Building Code
Chs. SPS 375-379	Buildings Constructed Prior to 1914 Code
Chs. SPS 381-387	Wisconsin Plumbing Code

Appointed agent responsibilities and plan review process.

Appointed agent responsibilities. The Division of Industry Services has granted the municipality the authority to conduct commercial building, HVAC, fire alarm system, fire suppression system, and pumbing plan reviews and inspections for buildings of any size.

Plan review process. Building, HVAC, fire alarm, and fire suppression system plans shall be submitted and reviewed in accordance with the procedures detailed in SPS 361. Applicants for plan review shall submit the following directly to the municipality:

Application form SBD-118.

Plan review fee per table SPS 302.31-2. Payment shall be made to the municipality.

Digital or hardcopy plans in accordance with SPS 361.

Plumbing plans shall be submitted and reviewed in accordance with the procedures detailed in SPS 382. Applicants for plan review shall submit the following directly to the municipality:

Application form SBD-6154.

Plan review fee per table SPS 302.64-1. Payment shall be made to the municipality.

Digital or hardcopy plans in accordance with SPS Table 382.20-2.

(d)

Acceptance of DSPS review. The municipality will continue to accept any plan reviews conducted by the Division of Industry Services if applicants are unaware of the municipality’s ability to conduct such plan reviews or choose to send their projects to the Division of Industry Services for review.

(e)

Optional waiver of plan review responsibility. The municipality may choose for any reason to waive their plan review responsibilities and require a building or building component be reviewed by the Division of Industry Services.

(f)

Building inspector, collection of fees. The building inspector authorized by the City to enforce the adopted codes and responsibilities shall be properly certified by the Division of Industry Services. The Building Inspector shall collect any state fee required when the building permit is issued. An additional fee shall be charged by the City for plan examination and additional costs incurred by the City in administering state code provisions.

FENCE, FRONT YARD DECORATIVE

Other structures. The Southeastern Wisconsin Uniform Building Code, as amended from time to time, is adopted and by reference made a part of this chapter as though set forth in full and shall apply to all other structures within the City and any item not provided for elsewhere in this chapter.

State Fire Prevention Code. The provisions of the State Fire Prevention Code, as published by the Department of Safety and Professional Services, are adopted by reference and shall apply in the City.

Fair housing. The provisions of § 106.50, Wis. Stats., as it may be amended from time to time, exclusive of the penalty provision, are hereby adopted by reference. Such shall be enforced by the Building Inspector.

§ 198-5 Copies to be on file.

Copies of each of the chapters of the codes enumerated in § 198-4 shall be available for inspection during reasonable hours in the City Clerk's office.

§ 198-6 Fences.

[Amended 3-20-2012 by Ord. No. 1317; 3-3-2015 by Ord. No. 1383; 9-20-2022 by Ord. No. 1494]

Definitions. As used in this section, the following terms shall have the meanings indicated:

FENCE

A structure serving as an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire, or rails, whether continuous or discontinuous.

A fence that does not extend across the full width of the front yard and that is used only to enhance any architectural feature, complement any aesthetic feature of a property or partially define a boundary area.

FRONT YARD

A yard extending the full width of the lot, being the minimum horizontal distance from the front lot line to the nearest part of the main building, excluding uncovered porch and steps.

REAR YARD

A yard extending the full width of the lot, being the minimum horizontal distance from the rear lot line to the nearest part of the main building, excluding uncovered porch and steps.

SIDE YARD

The yard area extending from the front yard to the rear yard, being the minimum horizontal distance between a building and any projection thereof and the side lot line, excluding uncovered steps.

Prohibited fences.

No fence exceeding seven feet in height shall be constructed, erected, reconstructed, rebuilt or replaced in any residential or nonresidential district except pursuant to permission granted by the Common Council as part of a detailed PUD plan approval under § 455-35B(3) of this Code.

No electrically charged or other inherently dangerous fence shall be permitted in any district, nor shall any barbed wire fence be used on any property that is not zoned for industrial use.

Fence permit; application requirements.

No person shall construct, erect, reconstruct, rebuild or replace any fence without first obtaining a permit therefor from the Building Inspector.

The fee for such permit shall be submitted to the Building Inspector together with the permit application in the amount as provided in the current fee schedule on file with the City Clerk, together with a survey less than 10 years old; provided, however, that the Building Inspector may accept an older survey if the applicant has first caused the property corner stakes to have been located and field verified.

Fence restrictions; conditions.

Height restrictions, requirements.

Height determined.

For purposes of this section, fence height shall be determined by measuring from grade at the finish side of the fence no further than four inches horizontally from fence to the highest point on the structure.

Notwithstanding the provisions of § 198-6D(1)(a)[1] of this Code, the height of a fence constructed or existing within three feet of a retaining wall shall be determined by adding the height of said retaining wall to the height of the fence as calculated under § 198-6D(1)(a)[1] above. The height of the retaining wall, however, will not be added to the height of the fence if the retaining wall is set back three feet or more from the property line and the fence being measured is set back an additional three feet or more from said retaining wall.

Panelized fence sections shall be set not more than three inches above grade to allow for trimming of grass and to discourage panel deterioration; provided, however, that height calculations for purposes of this section shall be made without regard to such additional three inches.

Height restrictions for fences in residential districts.

No fence exceeding six feet in height shall be erected, constructed or maintained by any person on any property within a residential district except as set forth in Subsection D(1)(b)[2] below or Subsection E.

Where a lot within a residential district lies adjacent to or abuts property in a nonresidential district, no fence exceeding seven feet in height shall be erected, constructed or maintained by any person along that portion of the lot line lying adjacent to or abutting such nonresidential district; provided, however, that in the R-3 Residential Mixed Use District, the maximum fence height shall be determined as follows:

[a]

The maximum height of a fence, including privacy-type fences, abutting a nonresidential use shall be seven feet, except no fence shall be erected in front yards except as otherwise provided in Subsection G below.

[b]

The maximum height of a fence abutting a residential use shall be six feet, provided that such fences may be erected in rear yard areas only.

Any district not designated as a residential district under Chapter 455, Zoning, of this Code shall be considered a nonresidential district (including schools, churches, institutions and the like) for purposes of this section.

In any nonresidential area, fences shall be of such type and construction that shall allow people outside the fence to see through it without hindrance. In an industrial area where barbed wire is used, the lowest strand shall be a minimum of six feet above the grade.

In the public interest and for snowplowing purposes, no fence, barrier or other structure shall be erected, built or placed nearer than three feet to any alley lot line, two feet to any street lot line if there is a sidewalk, or three feet to any street lot line if there is no sidewalk. This provision shall not apply to structures which have a different setback as established by Chapter 455, Zoning, of this Code.

(5)

All fences hereafter erected or constructed shall provide for a passage of air equivalent to 25% of the surface area of the fence. However, in residential areas, where privacy is desired, fences with less than such 25% open spacing may be erected, and may be erected up to six feet above grade, provided that such fences may not extend farther forward than the main rear line of such residence.

(6)

Any fence constructed or reconstructed shall have the structural components thereof facing the side of the property for and on which the same are erected.

(7)

On any corner lot where a front or side yard is required or provided, no building, fence, hedge or other obstruction more than two feet in height shall be placed so as to interfere with clear vision by the operator of any vehicle on a public right-of-way from one street to another or alley across the corner.

(8)

In any residential district or area or on any lot or premises the principal use of which is for residential purposes, no fence shall extend nearer to the street than the front line of the building or the front setback line as set forth in Chapter 455, Zoning, for residential districts, whichever is nearer.

(9)

In any residential district or area or on any lot or premises the principal use of which is for residential purposes, no lengthwise fence or other lengthwise barrier or obstruction shall be erected, placed, installed or reinstalled in any area where there is a distance between main residential buildings of 10 feet or less.

Special purpose fences. Fences for swimming pools, confining dogs, etc., shall be no larger than necessary for such purpose and shall conform to the building setbacks of this chapter. Such special purpose fence shall not exceed six feet in height in all zoning classifications, except Institutional Use (IU) Zoning, where the Plan Commission may approve an alternate height that shall be reasonable for the intended purpose.

Nonconforming uses. No fence shall be altered or enlarged without making the entire fence conform to the provisions of this section.

Front yard fences.

Regulated.

No fences, parts of fences, or fence-like structures are allowed in the front yard of any property unless a permit has first been issued in strict accordance with the balance of this Subsection G.

No permit shall be issued under this section to erect a fence, part(s) of a fence, or fence-like structure in a front yard of any residential or commercial property unless the applicant first demonstrates that, as constructed, it:

Does not extend across the full width of the front yard;

Will be used only to enhance any architectural feature, complement any aesthetic feature of a property or partially define a boundary area; and

Will be constructed only of brick, stone, or wood; provided, however, that the Plan Commission may approve use of metal fencing materials, other than chain-link and wire type fencing materials, where the Plan Commission determines that the type, color, and location of such metal fencing materials is consistent or compatible with the surrounding area.

Front yard decorative fence; permit required.

A person desiring to erect a front yard decorative fence that is otherwise prohibited in Subsection G(1) above shall first apply for a permit from the Building Inspector. Such application shall be accompanied by a plat of survey of the property and all necessary drawings to indicate the location(s), height, length, density and design of such structure and the materials to be used in its construction.

A fee for such application shall be as provided in the current fee schedule on file with the City Clerk together with a survey that conforms to Subsection C(2) above.

Upon receipt of such application, fee and survey, the Building Inspector shall refer such application to the Plan Commission.

Public hearing, Plan Commission determinations required.

Upon receipt of such application, the Plan Commission shall set a date for a public hearing.

The Plan Commission shall mail a notice of such public hearing to all property owners within 100 feet of the front lot line of the applicant's lot. Such notice shall be mailed by first-class mail at least seven days prior to such hearing.

At such hearing, the Plan Commission shall hear all persons desiring to be heard on such front yard decorative fence.

(d)

The Plan Commission shall determine whether or not the proposed front yard decorative fence shall be allowed, conditionally allowed, or disallowed. In making its determination, the Plan Commission may consider, among other things:

Visual clearance for motorists.

Visual clearance for pedestrians.

Public access abutting such property.

[4]

Whether the proposed structure fully complies with the definition of the term "front yard decorative fence" as defined in Subsection A above.

[5]

Aesthetics of the proposed structure in light of existing structures on the principal and neighboring properties.

(e)

There shall be no fee charged for such hearing, beyond the initial permit application fee.

(f)

If such structure is allowed, or conditionally allowed, by the Plan Commission, the Building Inspector shall issue a permit for such front yard decorative fence. Upon rejection by the Plan Commission, the Building Inspector shall deny such permit.

§ 198-7 Hedgerows.

No person shall plant or maintain a hedgerow within the City except in accordance with the provisions of this section.

Definitions. For purposes of this section, the following definitions shall apply:

FRONT YARD

A yard extending the full width of the lot between the front lot line and the nearest part of the main building, exclusive of uncovered steps.

HEDGEROW

A row of shrubs or trees planted for enclosure or separation of properties.

Front yard hedge heights. Hedgerows in the front yard area shall be maintained within the lot line at a maximum height of 32 inches.

Hedge heights in other areas. Hedgerows in all other areas shall be maintained within the lot lines at a maximum height of six feet. Where an alley is present or proposed a horizontal clearance of three feet shall be maintained.

§ 198-8 Retaining walls.

No person shall erect or maintain a retaining wall within the City except in accordance with the provisions of this section.

Defined. For the purpose of this section, a retaining wall is defined as a structure of any material, whether masonry, wood, metal or other material that is fastened together, mortared or loosely stacked, erected for the purpose of restraining the movement of dirt from one level to another.

Permit required. No person shall construct, enlarge or alter any retaining wall without first having obtained a permit from the Building Inspector. The permit fee shall be as provided in the current fee schedule on file with the City Clerk. Application for a permit shall be accompanied by the following information:

A survey plat showing the exact location of the proposed retaining wall.

Accurate elevations showing the difference of height of grade on both sides of the wall.

Engineering calculations to prove the proposed structure is sufficient to contain the lateral thrusts and hydraulic pressures, if requested by the Building Inspector.

A description of materials to be used and method of installation.

(5)

Details of any fences or accident prevention materials used in conjunction with the wall.

Construction requirements. Retaining walls may be placed on side lot lines but shall not project beyond the required front setback line of the house. Where an alley exists or is proposed, a retaining wall shall be at least three feet off the alley line. All grade changes shall comply with provisions of this Code.

Approval. The Building Inspector shall view the premises before issuing a permit. If the proposed wall appears to have a detrimental effect on neighboring properties, the Building Inspector may refer the application to the Aesthetic Control Board for approval.

Appeal. Denial of a permit may be appealed before the Zoning Board of Appeals.

Upkeep required. All retaining walls, new or existing, shall be maintained in a neat and safe condition. The Building Inspector shall have authority to condemn and order the removal of any potentially dangerous or unsightly walls.

Correction of faults and penalty. In case of violation of any provision of this section, in addition to a penalty as provided in § 1-4 of this Code, the City shall be empowered to do or correct work in case of faulty work or nonperformance as provided by § 66.0703, Wis. Stats., assessing the same as therein set forth.

§ 198-9 Razing buildings.

Application. No person may demolish any building in the City of St. Francis without first obtaining a permit therefor. Such permit shall be obtained by application to the Building Inspector. Prior to such permit being issued, the application must have:

Statement concerning asbestos. Either:

A statement that there is no asbestos in the building; or

A plan to properly and legally dispose of any friable asbestos in the building.

A plan, approved by the Building Inspector, for fences, barriers, lights, signs or other items to ensure that the site is safe and not an attractive nuisance.

A statement that all appropriate utilities have been notified of the proposed razing.

Upon razing of the structure, the excavation shall be filled with solid clean fill to match the lot grade within five days.

§ 198-10 Sheds.

In addition to any other regulations regarding sheds, no shed shall be erected in any area zoned residential or business except in the following manner:

The shed shall not exceed 120 square feet.

The shed shall not exceed the following dimensions:

Twelve feet in height.

Eight-foot side walls.

Four feet from top of side wall to ridge height.

Foundation shall be either:

Four-inch concrete slab with treated two by four or greater anchored by bolts/anchorments/lead shields.

Two-inch patio block or precast concrete with treated timbers anchored with bolts.

No pole buildings shall be allowed.

All construction shall follow the Wisconsin Building Code for garages, except as otherwise provided in this chapter, particularly slabs.

Temporary sheds, defined as existing for six months or less, are permissible only when a permanent garage is under construction with a valid building permit.

No shed may be attached or nearer than 15 feet to a dwelling, nor attached to a garage.

§ 198-11 Central air-conditioning unit placement.

On property either zoned or actually used for residential purposes, or property immediately adjacent to property either zoned or actually used for residential purposes, any unit related to central air conditioning shall be placed:

In the rear yard area where the entire unit is behind the building lines of the structure.

In the side yard where the entire unit is within the building lines and there is at least two feet to the nearest lot line.

[Amended 5-17-2005 by Ord. No. 1186]

§ 198-12 Moving buildings.

[Amended 10-19-2004 by Ord. No. 1171]

Permit. No person shall move any building or structures upon any of the public ways of the City of St. Francis without first obtaining a permit therefor from the Building Inspector and upon the payment of a fee in the amount as provided in the current fee schedule on file with the City Clerk. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken and the conditions to be complied with and shall limit the time during which said moving operations shall be continued. Permits for erosion control, foundations and other alterations are not included in the initial moving fee and are required to be applied for prior to commencing any work.

Time. Any person, in the removal of a building, shall cause the same to be a continuous operation during all of the hours of the day, and day by day and at night, if the Building Inspector shall so order, until such movement is fully completed. All of such operations shall be performed with the least possible obstruction to thoroughfares. A cash deposit of $20,000 shall be submitted by the contractor/firm designated to move the building within the City of St. Francis prior to issuance of permits. Upon application and hearing before the Planning Commission the applicant shall submit a schedule of date(s) and time proposed to move the building. Failure to move the building onto designated property within the specified date and time will result in a penalty forfeiture of $10,000 on the first day and $500 per day thereafter. The Common Council may at its discretion waive forfeiture if circumstances or conditions warrant the waiver of penalty. No building shall be allowed to remain overnight upon any street crossing or intersection, or so near thereto as to prevent easy access to any fire hydrant or any other public facility. Flashing barricades shall be kept in conspicuous places at each end of the building during the night.

Streets. 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 Health Officer/Public Health Administrator of the City, inspect the streets and highways over which said building has been moved and ascertain their condition. If the removal of said building has caused damage to any street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of said permittee to do so within 10 days thereafter to the satisfaction of the Common Council, said Council 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.

Plans. No permit shall be issued to move a building within the City of St. Francis and to establish it upon a location within said City until the Building Inspector has made an investigation of such building at the location from which it is to be moved and been 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 Code of said City in all respects. The application shall also be referred to the Aesthetic Control Board (see § 455-52) for approval under that chapter. Should any repairs, improvements, or remodeling be contemplated or required with respect to said building, the same shall be made insofar as possible before the said building is taken from the premises from which it is to be moved. 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 Code of this City and that when the same are completed the building as such will so comply with said Building Code. In the event that a building is to be moved from this City 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.

Bonds required. Before a permit is issued to move any building over any public way in this City, the party applying therefor shall give a bond to the City of St. Francis in a sum to be fixed by the Building Inspector and which shall not be less than $25,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Common Council, conditioned upon, among other things, the indemnification of the City for any costs or expenses incurred by it in connection with any claims for damages to any persons or property and the payment of any judgment, together with the cost and expenses incurred by the City in connection therewith, arising out of removal of the building for which the permit is issued. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the City of St. Francis in a sum to be fixed by the City Planning Commission, which shall not be less than $10,000, to be executed in the manner provided in this subsection to the effect that he will, within a time to be set by the City Planning Commission, complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the City of St. Francis. No certificate of occupancy shall be issued for said building until the exterior and interior alterations proposed to be made have been completed.

Foundation protection. Unless the Building Inspector upon investigation shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E shall be further conditioned upon the permittee, within 24 hours from the time of the severance of said building from its foundation, erecting adequate barriers, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein. Exposed excavations shall be filled within five working days of removal of the building.

Insurance. In every case in which the building to be removed is likely to be upon any public way the Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in a sum not less than $1,000,000 and for one accident in a sum not less than $50,000 together with property damage insurance in a sum not less than $50,000. In addition to submittal of insurance, the owner of the firm contracted to move the building shall submit a copy of a current driver's license.

Permit examination by Planning Commission.

Building moved within or into City. No such permit shall be issued unless it has been found as a fact by the City Planning Commission of the City of St. Francis, by at least a majority vote, after an examination of the application for the permit which shall include exterior elevation of the building and accurate photographs of all sides and views of the same and, in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plan of the building to be moved, or moved and altered, will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by Chapter 455, Zoning, of this Code or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation in property values of said neighborhood within said applicable district. In case the applicant proposes to alter the exterior of said building after moving the same, he shall submit with his application papers complete plans and specifications of the proposed alterations.

Building moved beyond City boundaries. If a building is to be moved beyond the City boundaries, the application and all documents shall be referred by the Building Inspector to the City Engineer and Police Chief. Upon their approval, the Building Inspector shall ensure compliance with all other provisions of this section and, if in order, issue the permit administratively. If the applicant is aggrieved by a determination of any City official named herein, he may appeal within 15 days of such determination to the City Planning Commission and a hearing shall be held as provided in this section.

Hearing. Upon application being made to the Building Inspector he shall request a meeting of the City Planning Commission to consider applications for moving permits which he has found comply in all respects with all other ordinances of the City of St. Francis. The City Planning Commission may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, giving such notice of the hearing as it may deem sufficient. Such hearing may be adjourned from time to time, but for not more than 48 hours, and within 48 hours after the close of the hearing the City Planning Commission shall in writing make or refuse to make the finding required by Subsection H hereof and file it in the office of the City Clerk, who shall send a copy of it to the Building Inspector.

Appeal. On an appeal to the Zoning Board of Appeals, in the absence of proof to the contrary adduced before the Zoning Board of Appeals, a refusal to grant the moving permit because of refusal of the City Planning Commission to make the finding required by Subsection H hereof shall be deemed to be passed upon facts supporting a conclusion that the exterior architectural appeal and functional plan of the building to be moved or to be moved and altered for which a permit was refused would, when moved or when moved and altered, be so at variance with all of the exterior architectural appeal and functional plan of buildings already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district as to cause a substantial deprecation in the property values of the neighborhood within said applicable district.

§ 198-13 Numbering of buildings.

[Added 11-2-2004 by Ord. No. 1176]

Purpose. This section is intended to provide a uniform system of building numbering for all residences (year-round or seasonal), places of business, farms, and public buildings in the City.

Designation. The numbering designation shall be as follows:

[Amended 6-7-2005 by Ord. No. 1190]

Building numbering signs in the front of homes shall:

Consist of a plate of identical numbers in block letters, in a color that contrasts with the plate on which the numbers are affixed, no less than three inches in height and two inches in width, and located within 100 feet of the road right-of-way; and

Be attached to the building with the face of the plate running parallel to the right-of-way.

In instances where building numbering signs are located in positions other than in the front of homes:

The signs shall consist of a plate of identical numbers in block letters, in a color that contrasts with the plate on which the numbers are affixed, no less than three inches in height and two inches in width, mounted on posts set at the right-of-way line of the road at a point not more than three feet to the right or left of the private driveway or walkway leading from the road to the building or property; or

The numbering shall be included on the ground/monument sign advertising the business or entity. All addresses shall be readable from the road right-of-way and shall be free from any obstructions of view from the road.

Buildings with alley access to the rear shall have posted on the rear of the main building or detached garage one of the following:

A number plate with identical block letters in a color that contrasts with the plate on which the numbers are affixed, no less than three inches in height and two inches in width; or

A number plate with identical adhesive reflective numbers that contrast with the building and are no less than three inches in height and two inches in width.

Violations and penalties. If the owner of any building required to be numbered or renumbered by this section neglects or fails to do so within a thirty-day period after notice is given of noncompliance by the Building Inspector, the Building Inspector may cause to be served upon such owner a notice requiring such owner to comply with this section, and if he neglects or fails to do so, the owner shall be deemed to have violated this section. Upon conviction thereof, the owner shall be subject to a penalty as provided in § 198-16, together with costs. Each day that a violation continues to exist shall constitute a separate offense under this chapter.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 198-14 Foundation certification.

[Added 9-5-2006 by Ord. No. 1225]

All developers and/or owners of newly constructed buildings in the City of St. Francis must submit the following certification as to distances for setbacks, grade height and distance from environmental corridors:

City of St. Francis Foundation Certification
I hereby certify that I have surveyed the foundation for the proposed building located at the following address:
and the setbacks and footing elevations for the proposed building are as follows:
Front yard setback feet
Rear yard setback feet
	Side yard setback feet
(specify)
	Side yard setback feet
(specify)
Elevation of the top of foundation wall of house
First floor elevation proposed by builder's surveyor
Top of proposed finish garage floor elevation as shown on plat of survey
Actual finish of garage floor as constructed
Distance from platted environmental corridor (if applicable)

§ 198-15 Hours of construction; time and noise limitations.

[Added 1-15-2008 by Ord. No. 1248; amended 4-2-2008 by Ord. No. 1256; 6-5-2018 by Ord. No. 1428]

Construction project activity for any private person shall be permitted between the hours of 7:00 a.m. and 8:00 p.m. daily, Monday through Saturday. Sunday hours of construction shall be between 8:00 a.m. and 5:00 p.m. Construction activity on national holidays shall be between 9:00 a.m. and 4:00 p.m.

In addition to the limitations on construction activity set forth in § 198-15A:

No loud, environmentally disruptive building construction noises, including but not limited to noises resulting from the operation or use of air compressors, continuously running motors, generators, air hammers, power tools, other construction equipment/machinery, or loud playing radios, are permitted where such noises may unreasonably annoy or disturb the occupants or residents of other properties.

Where emergency conditions exist (i.e., conditions which pose a threat of injury or death to persons or damage or destruction of property), construction activity may be permitted at any hour or day of the week. Such emergency construction activity shall be completed as rapidly as possible and, to the extent reasonably possible, so as to prevent unreasonably annoying or disturbing occupants or residents of other properties.

Where, based upon location and type and method of construction activity, it reasonably appears that additional hours of construction activity will not be a nuisance to adjacent properties, the Building Inspector, City Engineer, or Zoning Administrator may allow hours of construction other than as stated in Subsection A. Such permission shall be in writing and shall specify the additional hours of construction being allowed, the type of construction that may be performed during such hours, and the date such permission shall terminate. If granted, such permission shall be subject to modification or termination by the issuing officer or the Common Council.

Enforcement. The provisions of this section shall be enforced by the Building Inspector, Zoning Administrator, or any Code Enforcement Officer designated by the Common Council. In addition, this section may also be enforced by the Police Department.

Definitions. For purposes of this section:

CONSTRUCTION PROJECT

A project involving the erection, construction, repair, remodeling, or demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure that is directly related to on-site work of a residential or commercial real estate development project.

PRIVATE PERSON

A person (i.e., an individual, partnership, limited liability company, corporation, or other organization) other than a person who is acting as an agent, employee or contractor of a political subdivision or governmental agency.

§ 198-16 Maximum occupancy of residential structures.

[Added 4-2-2008 by Ord. No. 1257]

The maximum number of persons (other than minors as defined by Wisconsin law) who may occupy a residential structure is two per bedroom.

No owner or property agent shall permit the maximum occupancy of the owner's residential structure or a residential structure located on the owner's real estate to be exceeded.

Definitions. For purposes of this section, the following terms shall have the definitions indicated:

BEDROOM

Any habitable room or enclosed floor space in a residential structure which is regularly used for sleeping purposes, other than a room or enclosed floor space used for eating, dining, or cooking or an accessory room or space such as a foyer, hall, pantry, closet, laundry room, utility room, or bathroom.

OCCUPY

Living or sleeping in a residential structure, but does not include a transient or temporary occupancy in a hotel or motel.

OWNER

Any person or entity who or which, alone or jointly with others, has legal or equitable title to any residential structure or to the real estate upon which such residential structure is located, with or without the right to immediate possession thereof, or who has the right to possession thereof as a tenant of such owner.

PROPERTY AGENT

A person or entity acting on behalf of the owner of a residential structure, or the real estate upon which a residential structure is located, to manage or otherwise control the occupancy of the residential structure.

RESIDENTIAL STRUCTURE

A single-family dwelling, a single dwelling unit of a two-family or multiple dwelling, a mobile home or manufactured house, or any other structure used for living or sleeping, whether or not designated therefor.

Occupant register and statement.

The owner or property agent of any rented residential structure, mobile home park, or other rental real estate upon which a residential structure is located shall maintain a current register containing the names of all persons legally occupying the rented residential structure, mobile home park, or other rented real estate, noting whether or not the person is an adult or a minor. This register shall be open to inspection and copying by the Building Official and any law enforcement officer at all times.

Whenever the Building Official, through third party complaint, personal inspection, or other source, has reasonable ground to believe that a violation of the maximum occupancy restriction exists, he may demand that the owner or property agent of any rented residential structure, mobile home park, or other rented real estate submit to him, within 24 hours of such demand, on a form furnished by the Building Official, a sworn statement verifying the names of all persons occupying the property.

Notice of violation. Upon the determination by the Building Official that a violation of the maximum occupancy restriction exists, he shall issue a written notice of violation to the owner, property agent, occupant, or any one or more of them by hand delivery or by first-class mail. The notice shall state the determination that a violation of the maximum occupancy restriction exists and shall state a specific date by which such violation must be corrected, which date must be at least three days after hand delivery or six days after mailing of the notice. If the violation is not corrected by the specified date, then all persons or entities given notice of violation as provided by this section shall be subject to penalty as provided herein.

Penalty.

If a violation of this section for which notice is required is not corrected by the date specified in a notice of violation issued in accordance with this section, any person or entity given such notice of violation and convicted of such violation shall be subject to a forfeiture of $500 and, in default of payment of such forfeiture, to imprisonment for a period not exceeding six months, at the discretion of the court trying the case. Each day a violation continues after the date specified in the notice of violation shall constitute a separate offense.

[Amended 7-1-2008 by Ord. No. 1259]