[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 11, Ch. 1, of the 1981 Code). Amendments noted where
applicable.]
The provisions of this chapter shall govern the design, construction,
alteration, change of use, moving and demolition of all buildings
and structures and all heating, ventilating and air-conditioning systems
within the City.
In addition to those standards set forth in this chapter, the
following are hereby adopted by reference and made part of this chapter
with respect to those classes of buildings and equipment to which
they apply.
A.
Chapter SPS 360, "Erosion Control, Sediment Control and Storm Water
Management," Wis. Adm. Code, and Chapters 361 through 366, "Wisconsin
Commercial Building Code," Wis. Adm. Code, as well as Chapters SPS
375 through 379, "Buildings Constructed Prior to 1914," Wis. Adm.
Code.
B.
Chapters SPS 320 through 325, "One- and Two-Family Uniform Dwelling
Code," Wis. Adm. Code, and Chapter 328, "Smoke Detectors and Carbon
Monoxide Detectors," Wis. Adm. Code.
C.
The National Fuel Gas Code, most recent edition, as prepared by the
National Fire Protection Association, Inc.
A.
Position and authority. In accordance with the provisions of § 62.23(9),
Wis. Stats., there is hereby created the position of Building Inspector,
who shall keep plans, minutes and all other records as required by
law and make all inspections, investigations and prepare reports as
may be required. He shall keep a record of all permits issued and
report the same annually to the City Manager.
B.
Interference with Building Inspector. No person shall interfere with
the Building Inspector while he is in the performance of his duties.
C.
Rights. The Building Inspector or his authorized agent shall have
the power and authority at all reasonable hours, for any proper purpose,
to enter upon any public or private premises and make inspections
thereof and to require the production of the permit for any building,
plumbing, electrical or heating work being done or the required license
therefor. If consent to entry to personal or real properties which
are not public buildings or to portions of public buildings which
are not open to the public, for inspection purposes, has been denied,
the Building Inspector may obtain a special inspection warrant as
provided by law.
D.
Appeals from order of Building Inspector. Unless otherwise provided
in Ch. SPS 320, Wis. Adm. Code, if any order issued by the Building
Inspector in pursuance of this chapter is not acceptable to the owner
or tenant affected thereby, such owner or tenant may appeal to the
Board of Appeals.
A.
The Board of Appeals as provided for in § 2-5-2 of this
Code shall serve as the board for building appeals. The manner of
taking such appeals and the manner of hearing and deciding such appeals
shall be the same as is provided in § 2-5-2.
B.
Any persons aggrieved by any decision of the Board of Appeals or
any taxpayer or any officer, department, board or bureau of the City
may present to a court of record a petition setting forth that such
decision is illegal in whole or in part, specifying the grounds of
the illegality. Such petition shall be heard and decided by the court
in the manner provided by § 62.23(7)(e)10, 14, and 15, Wis.
Stats.
A.
No building or structure or any part thereof shall hereafter be built,
enlarged, altered, repaired, moved or demolished, nor shall the use
of any building be changed within the City except as hereinafter provided,
unless a permit therefor shall first be obtained by the owner or his
agent from the Building Inspector.
B.
Building defined. The term "building" as used in this section shall
include any building or structure, any enlargement, alteration, moving,
demolishing or change of use of any building or structure; also the
installation or replacement of, or any material alteration in, the
heating, ventilating and air-conditioning plant of any building.
A.
No building permit shall be issued for the purpose of initially constructing
a principal building on any parcel within the City nor for excavating
work for any such principal building until the applicant shall obtain
street and sidewalk grades on all streets adjoining the parcel from
the City Engineer.
B.
No person before or after obtaining such grades shall construct any
building or do any excavating work except in conformity with such
grades.
No building permit shall be issued for the purpose of constructing
a garage or for a new structure or addition to an existing structure
for which off-street parking and loading facilities are required to
be provided or enlarged by this Code until the location of all driveway
curb openings have been approved by the City Engineer in accordance
with § 4-1-11 of this Code.
No building permit shall be issued for the construction of any
structure, addition to existing structures or excavation for such
construction until the Building Inspector shall have ascertained to
his satisfaction, based on evidence available to him through the records
in the Assessor's Office, that the land upon which such construction
is proposed is made up of not more than a single parcel and, as determined
by field inspection, that sufficient visual evidence of such boundary
lines exists to determine that they correspond with the aforementioned
records. In the event that there is not sufficient evidence upon which
to base such determination, the Building Inspector shall not issue
a building permit for such construction or excavation until a certified
survey has been made or other evidence is found to satisfactorily
verify the boundaries.
Application for a building permit shall, at the Building Inspector's
prerogative, be made in writing to the Inspections Department, which
shall include the name and address of the owner of the building, the
owner of the land upon which the building is to be erected, the name
and address of the designer, the location of the building, the purpose
for which it is to be used, and such other information as the Building
Inspector may require.
A.
Application for a building permit shall be submitted together with
no less than two copies of complete plans and specifications.
B.
Plans shall be drawn to scale of not less than 1/8 inch per foot
and shall include the following:
(1)
A plot plan showing the physical dimensions of the lot, location
of existing and proposed building or addition, location of the parcel
with respect to all adjoining streets, alleys, all proposed driveways
and off-street parking and loading facilities, bodies of water and
other major physical features, such as drainage ditches, hills, railroad
tracks, wells and disposal systems, tanks or similar features;
(2)
Floor plans for each level, including the basement;
(3)
Elevation plans for all elevations, including proposed and existing
grade data;
(4)
Cross-section plan;
(5)
Complete construction details;
(6)
Heat loss calculations for all new buildings and for all major
additions to existing buildings;
(7)
If approval of the Wisconsin Department of Safety and Professional
Services is required, three sets of plans must be submitted for approval,
one set of which shall remain on file in the office of the Building
Inspector;
(8)
Plans to be reviewed under the Wisconsin Department of Safety
and Professional Services - Two Rivers Certification Program shall
be submitted with all plan review and inspection fees as prescribed
by Ch. SPS 302, Wis. Adm. Code.
C.
Plans
not showing adequate detail to allow complete review shall be rejected.
A.
Purpose and intent. For the purposes of promoting compatible development
and ensuring adequate public facilities, no person shall obtain a
building permit or commence a use of land without first obtaining
site and architectural plan approval. No site and architectural plan
approval under this section is required for single- and two-family
residences or for any building remodeling or addition that does not
substantially change the character, use or does not add floor area
to an existing building. However, a planned unit development or planned
development district containing single- and two-family residences
shall be subject to these requirements.
B.
Preliminary consultation. Prior to the preparation and official submittal
of the site and architectural plans and supporting data, the applicant
shall meet with City staff for a preliminary consultation. The purpose
of this preliminary consultation is to have an informal discussion
of the proposed project, a review of the regulations and policies
applicable to the project, and a discussion of the land use and public
utility implications of the project.
C.
Required site plan information. The site plan shall be drawn to a
suitable scale acceptable to the Building Inspector and shall show
the following:
(1)
The name, address and telephone number of the owner, developer
and designer.
(2)
A vicinity sketch showing the approximate location of the site
in relation to the surrounding street system.
(3)
The dimensions of the land area and lot lines included in the
project and the area of the site or lot(s) included in the project.
The property boundaries and dimensions shall be based on a certified
survey map or plat of survey prepared by a licensed land surveyor.
(4)
A site grading plan, showing existing and proposed grades at
the lot corners, at the building location, and at any major changes
in grade. Drainage facility and structures shall also be shown, and
drainage flow arrows or direction of flow shall be shown. The one-hundred-year
floodplain and floodway shall be shown, if present. An erosion control
plan shall be provided separately, as may be required by the Building
Inspector.
(5)
The shape, size, location, height, floor area and the finished
ground and basement floor grades of all proposed buildings and structures.
(6)
Natural features, such as wooded areas, streams, existing wetlands,
shoreland areas, and man-made features, such as existing roads and
structures, with indication as to which are to be retained and which
are to be removed or altered.
(7)
Adjacent properties and their uses and zoning.
(8)
The location and width of proposed sidewalks, paths, streets,
driveways, parking spaces and loading spaces, showing direction of
travel for one-way drives.
(9)
Calculations used to determine the total number of parking spaces
shall be shown on the site plan.
(10)
The size and location of all existing and proposed utilities.
(11)
The anticipated resident population contained within the project
or the number of employees anticipated.
(12)
Architectural renderings and schematic floor plans shall be
provided for all new buildings. These drawings and plans should show
sufficient detail to indicate the architectural design and exterior
finish materials and colors of the proposed buildings or structures,
but all design details are not required for approval under this section.
(13)
Locations for ground or pole signs, including traffic directional
signs.
(14)
A lighting plan, showing the locations, height, style, wattage,
lumens and lighting pattern for all exterior site lights. Exterior
lighting shall meet the following criteria:
(a)
Exterior lighting shall be located, oriented, and shielded and
of an intensity so as to illuminate only the building or lot without
adversely affecting activity on adjacent buildings, lots, or traffic
on streets and highways.
(b)
The emission of exterior light shall be directed away from nearby
residential areas.
(c)
Exterior lights shall not flash, pulsate, nor impair or hinder
vision on public street rights-of-way or adjacent properties.
(15)
Landscaping features, including existing trees and landscaping
to be retained, and the location, size and species of proposed landscaping.
All off-street parking areas, which are built or redesigned and rebuilt
subsequent to the adoption of this amendment, shall be provided with
accessory landscape areas as described in these specific requirements:
(a)
Perimeter and interior lot line landscaping. A perimeter landscape
area at least five feet in width shall be installed along the street
frontage and along all interior lot lines. Perimeter edges should
be landscaped with a combination of plant material and/or earth berming,
if practical. Perimeter landscaping may be omitted along side lot
lines which have shared driveways with adjacent lots. The omitted
area is limited to that portion from the street to the required minimum
building setback line or as necessary to accommodate access cuts.
(b)
Additional interior landscaping. The interior of parking lots
shall be provided with landscape areas consisting of at least 4% of
the total surface parking area, plus one tree for each 10 spaces shall
be installed. Existing trees may be used to comply with the requirement.
(c)
Location. Interior landscape plantings may be located in protected
areas, such as along walkways, in center islands, in end islands,
or between parking stalls. Perimeter edge screening and berming should
be limited in height to allow a line of sight to the building and
not obstruct sight distance at entry drives.
(d)
Landscape materials. Landscape materials may include shrubs,
hardy flowering trees and or decorative evergreen and deciduous trees.
New trees shall have a minimum caliper of two inches to 2 1/2
inches for canopy trees. The area around trees and planting beds shall
be planted with shrubs or ground cover and covered with mulch, bark
or appropriate landscape stones.
D.
Provisions for landscape buffer yards around parking areas in the
Central Business District.
(1)
Purpose. The purpose of this section is to allow adjustment
to the five-foot perimeter landscape buffer required around parking
areas in the Central Business District. The five-foot-wide buffer
yard required in § 11-1-11C(15) may create a practical difficulty
when applied to small parcels which may be constrained to accommodate
a five-foot buffer yard along all edges of the parcel. Reducing the
buffer yard width may allow full development of such parcels. To achieve
this purpose, the Plan Commission may adjust buffer yard requirements
as described in this section.
(2)
Area defined. The Central Business District is defined as the
area between Jefferson and Adams Streets extending from 22nd Street
south to the West Twin River, including parcels fronting along both
sides of Jefferson, Adams and 22nd Streets.
(3)
Adjustments. In the Central Business District, peripheral buffer
yard requirements around parking areas may be adjusted by the Plan
Commission on a site-specific basis. The petitioner for such an adjustment
shall show to the satisfaction of the Plan Commission that the adjusted
buffer yard(s) will protect adjacent properties and uses from nuisances
attributable to the parking areas. Such adjustments may include:
(4)
Elimination. In the Central Business District, peripheral buffer
yard requirements around parking areas may be completely eliminated
by the Plan Commission on a site-specific basis where the petitioner
can show to the satisfaction of the Plan Commission that a practical
difficulty would result from their construction and maintenance. Elimination
of buffer yards may be permitted only adjacent to a business zoning
district or business use or adjacent to a street or alley right-of-way.
Where a parking area is located adjacent to a residential zoning district
or residential use, the buffer yards shall not be eliminated and shall
be treated as described in § 10-1-13K(6) of this Code.
E.
Official submittal required. Ten copies of the site and architectural
plans, accompanied by a dated letter of submittal requesting action,
shall be submitted to the Building Inspector no later than two weeks
prior to the Plan Commission meeting when action on the site plan
is requested.
F.
Review and approval procedure. Upon receipt of the site and architectural
plans, the City staff shall review them to determine whether they
are in proper form, contain all of the required information, show
compliance with this and other ordinances and plans of the City, and
demonstrate the adequacy of utility services. After staff review,
the plans shall be forwarded to the Plan Commission for action. The
Plan Commission shall approve, conditionally approve or deny approval.
Denial of approval shall be limited to any defect in form or required
information, or any violation of any provision of this chapter or
any other ordinance, or the inadequacy of any utility.
G.
Site plan revisions. Any major revision to the site plan after initial
approval must be approved by the Plan Commission prior to the issuance
of a building permit. Minor revisions may be approved by City staff.
H.
Record copies. After approval of the site and architectural plans
by the Plan Commission, and prior to issuance of any building permit
related thereto, the owner(s) shall provide five record copies of
the approved plans, including any required revisions, to the Building
Inspector.
I.
Lapse of site plan approval. In the event the project for which the
site plan approval was granted is not completed within two years of
such approval, or within such other time as may be determined by the
City Council after review by the Plan Commission, the site plan approval
shall lapse and there shall be no further development or construction.
Upon application, the Plan Commission may reconsider approval of the
site plan as originally granted or require changes as deemed appropriate.
J.
Approval of minor accessory buildings and structures.
(1)
Minor accessory buildings and structures being constructed as
an addition to an existing development may be permitted without approval
by the Plan Commission after review and approval by City staff. Such
approval for minor accessory buildings and structures may include
uses such as, but not limited to, storage facilities or utility sheds
not exceeding 500 square feet in area, patios, decks, trash enclosures,
flag poles and mechanical or electrical equipment. Staff may refer
the review and approval to the Plan Commission in locations where
unusual or exceptional circumstances apply.
(2)
Exceptions. Upon a finding by the Building Inspector that certain
improvements cannot be completed due to seasonal or other factors
beyond the control of the owner(s) and that temporary occupancy prior
to completion will involve no health or safety hazard, the Building
Inspector may waive the requirements for the certificate of compliance.
Such waiver shall allow reasonable time for completion of all required
improvements. In such cases, a certificate of compliance shall be
provided to the Building Inspector when all required improvements
are completed.
K.
Site and architectural plan review fees shall be as set forth in
§ 1-2-1.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
After being approved, the plans and specifications shall not
be altered in any way without written consent of the Building Inspector.
If, in the opinion of the Building Inspector, the character
of the work is sufficiently described in the application, he may waive
the filing of plans for accessory buildings and additions or alterations
thereto, or for alterations or small additions to principal buildings
when such plans are not required by state building codes.
When applications for unusual design or magnitude of construction
are filed, the Building Inspector may refer such plans and specifications
to the Wisconsin Department of Safety and Professional Services for
analysis and recommendation as to the safety of design in compliance
with this chapter.
Before receiving a building permit the owner or his agent shall
pay the following fees:
This chapter shall not require a permit for any repairs or minor
alterations costing less than $1,000, which do not change the occupancy,
area, structural strength, fire protection, exits, lights or ventilation
of a building.
A.
Upon issuing a building permit for a principal building on any parcel
of land, the Building Inspector shall assign a door number in accordance
with the plan on file in his office.
B.
The owners of all principal buildings are hereby required to cause
such buildings to be equipped with the assigned door number in the
manner hereby specified.
C.
Manner of numbering. Numbers shall not be less than three inches
in height and shall have a legible style and contrasting background.
Script number may be used in addition to the use of numerals.
D.
Numbers shall be conspicuously placed on the front facade of the
principal building or each residential unit so that the numerals are
clearly visible from the street. When due to the physical location,
design of the building or the nature of the surrounding area, numerals
may be placed on a gatepost, mailbox or other appropriate place to
be clearly visible from the street.
E.
Any deviations from the above requirements must be approved by the
Inspection, Police and Fire Departments prior to installation.
F.
Penalty. Any person who shall violate any provision of this ordinance
shall be subject to a penalty as provided in § 1-1-5 of
this Code.
A.
If the Building Inspector finds that the proposed building will comply
in every respect with the ordinances of the City and all laws and
lawful orders of the State, he shall officially approve one set of
the plans and return them to the owner and shall issue a building
permit therefor which shall be kept at the site of the proposed building.
B.
If adequate plans are presented, the Building Inspector may, at his
discretion, issue a permit for a part of the building before receiving
the plans and specifications for the entire building. No work shall
be commenced on any building or alteration before the building permit
has been issued.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
With every permit issued, the Building Inspector shall issue
to the applicant therefor a building permit card properly filled out.
It shall be on the premises where the building is to be erected; the
card shall be unobstructed from public view and not more than seven
feet above the grade.
A.
A building permit shall lapse and be void if building operations
are not commenced within four months from the date thereof, or if
there is a cessation of the building operations of more than six months
continuously or intermittently.
B.
A building permit shall lapse and be void from and after 12 months
from its date of issuance.
A.
If the Building Inspector finds at any time that any ordinance, law,
order, plan or specification is not being complied with, he shall
notify the owner and applicant, in writing, of the violation to be
corrected. All cited violations shall be corrected within 30 days
after written notification, unless an extension of time is granted.
B.
The building permit may be suspended or revoked where it appears
that the permit or approval was obtained through fraud or deceit,
where the owner or applicant has willfully refused to correct a violation
or where the Building Inspector is denied access to the premises.
No construction shall take place after suspension or revocation of
the permit.
A.
The applicant or an authorized representative shall, in writing or
orally, request inspections of any building or structure. The following
sequence of inspections shall be performed for the purpose of determining
if the work complies with this chapter:
(1)
Footing. The excavation shall be inspected after the placement
of forms, shoring, and reinforcement, where required, and prior to
the placement of concrete.
(2)
Completed foundation walls. Drain tiles, stone covering drain
tiles, waterproofing, exterior insulation, if required, prior to backfilling.
(3)
Rough inspection of general construction, including framing
prior to installing insulation. Note: Electrical, plumbing and heating
rough-ins are also required to be inspected prior to closing or installing
insulation.
(4)
Installation of insulation shall be inspected prior to covering.
(5)
Final inspection. A final inspection shall be made before occupancy
to determine compliance with all requirements of this chapter and
the terms of the permit.
B.
Notice of compliance or noncompliance shall be written on the building
permit posted at the site. Upon finding of noncompliance, the Building
Inspector shall notify the owner or his agent, in writing, of the
violations to be corrected. No work shall be concealed until approved
by the Building Inspector.
Structures to which the standards referenced in § 11-1-2
are not applicable by intent, as stated in purpose and scope, including
but not limited to existing dwellings, accessory structures, additions
and alterations to the same, shall conform to the following standards:
A.
General construction shall follow design criteria and construction
standards set forth in Ch. SPS 321, Wis. Adm. Code; garages and accessory
buildings shall comply with construction requirements for one-story
dwellings, with the following exceptions:
(1)
Footings: minimum eight inches deep and 14 inches wide, not
less than 48 inches below finish grade.
(2)
Foundation wall: minimum six inches of poured concrete or eight
inches hollow masonry.
(3)
Grade beam construction meeting the following criteria will
be permitted:
(a)
For structures exceeding 250 square feet in area and/or for
any structural addition to an existing principal building having a
slab-on-grade-type foundation, the new foundation shall consist of
a four-inch-minimum concrete floor placed over a minimum of four inches
of crushed stone, gravel or other approved-type fill, poured monolithically,
with a minimum ten-inch-thick outer edge having a minimum width of
20 inches around the perimeter of the foundation. Intermediate grade
beams shall be a minimum of 20 inches in width and 10 inches in depth
placed uniformly on undisturbed soil.
(b)
For detached structures of less than 250 square feet in area,
a slab-on-grade-type foundation shall consist of a four-inch-minimum
concrete floor placed over a minimum of four inches of crushed stone,
gravel or other approved-type fill, poured monolithically, with a
minimum eight-inch-thick outer edge having a minimum width of 18 inches
around the perimeter of the foundation. Intermediate grade beams shall
be a minimum of 18 inches wide and eight inches deep placed uniformly
on undisturbed soil.
(c)
Alternate designs utilizing steel-reinforcing materials may
be acceptable, subject to prior approval by the Building Inspector.
(4)
Studs: maximum spacing 24 inches on center. Doubling of studs
not required on jambs of openings less than three feet five inches
wide.
(5)
Wall sheathing may be omitted if corner bracing is used. Each
corner is to be braced from top outward in two directions to a minimum
of 72 inches from corner at sill plate. Braces may be applied on the
inside surface of studs and shall be minimum one-inch-by-four-inch
wood bracing or equal.
(6)
Corner posts may be two two-inch-by-four-inch or one four-inch-by-four-inch.
(7)
Top plate may be single, provided rafters occur directly over
studs and plate at corners is lapped to provide tie.
(8)
Rafter ties at top plates not less than two-inches-by-four-inches,
maximum spacing six feet on center.
(10)
Accessory buildings not larger than 144 square feet in area,
having a floor constructed as an integral part of the structure, and
designed to be mounted directly on the ground surface without additional
foundation may be constructed in the rear or interior side yard, provided
that they are anchored sufficiently to withstand wind pressures of
20 pounds/square foot, placed on a bed of crushed stone, gravel or
other material acceptable to the Building Inspector, sufficient to
ensure good drainage, and provided that they are not attached to any
other building.
B.
Insulation shall be provided in accordance with design criteria and
standards as set forth in Ch. SPS 320 through SPS 322, inclusive,
Wis. Adm. Code, where major alterations and additions to dwelling
structures are to be constructed. This section shall apply only to
that portion of the structure to be constructed or reconstructed and
shall not be construed to require that portions of the existing structure
not otherwise intended to be altered meet such requirements.
C.
Heating, ventilation and air-conditioning appliances and systems
shall be designed and installed in accordance with the criteria and
standards set forth in Ch. SPS 323, Wis. Adm. Code.
A.
The following conditions shall be met when, either through change
of use or occupancy or by additions, rooms or spaces having floors
below the adjoining yard, court, alley or street grade are to be occupied
as living or sleeping rooms or spaces:
(1)
Walls, floors and ceilings shall be so designed and constructed
as to insure dry surfaces are free of mildew.
(2)
Environmental control systems, including heating, ventilating
and humidity control devices, shall be provided, which shall comply
with Ch. SPS 323, Wis. Adm. Code, and which shall produce one air
change per hour, having capacity ample to maintain a minimum temperature
of 70° throughout the heating season and of limiting the humidity
to a maximum of 70%.
(3)
At least two exits shall be accessible by means of stairways,
ramps or horizontal exits. The location of such exits shall be such
that, in case any exit or passageway is blocked at any point, a second
means of egress is available. Stairways which serve as exits from
such occupied areas shall be constructed in conformance with §§ SPS
321.03 and 321.04, Wis. Adm. Code. Halls or passageways which serve
as required means of egress shall be not less than 32 inches in width,
and doors shall not be less than 28 inches by 76 inches.
(4)
Habitable rooms shall have a ceiling height of at least six
feet eight inches (beams or dropped ceilings may project not more
than six inches into that height) and be a minimum of 80 square feet
in area, with the least dimension being eight feet.
The Building Inspector shall make or cause to be made investigations
of new developments in the building industry. He shall accredit a
test or tests meeting the functional requirements of this chapter
conducted by accredited authoritative agencies or he may accept reports
from recognized authoritative sources of all new materials and methods
of construction proposed for use which are not specifically provided
for in this chapter. No new materials or methods of construction shall
be approved hereunder which would violate the State Building Code
unless approved by the Department of Safety and Professional Services.
This chapter shall not impose any liability on the part of the
City for damages, property destroyed or defects in any building or
equipment.
All police officers shall report at once to the Building Inspector
any buildings at which building operations are being carried on without
a building permit as required by this chapter.
A.
Bond required. Before a permit to move any building is granted, the
party applying therefor shall give a bond of $1,000 with good and
sufficient sureties to be approved by the City Manager, conditioned,
among other things, that such party shall save and indemnify judgments,
costs and expenses which may in any way accrue against the City and
keep the City harmless against liabilities, judgments, costs and expenses
in consequence of the granting of such permit. Upon the filing and
approval of such bond herein, permits may be granted thereunder for
a term of one year unless notice be had of liabilities under such
bond before the expiration of one year, when a new bond shall be furnished
before any further permit shall be granted. Before a permit to move
any building is granted, the applicant shall present to the Building
Inspector any permit required by the State Department of Transportation
or County Highway Commission.
B.
Regulations. Every permit to move a building shall state all conditions
to be complied with, designate the route to be taken and limit the
time for removal. The removal of a building shall be continuous during
all hours of the day, and day and night if the Building Inspector
so orders, until completed, with the least possible obstruction to
thoroughfares. 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. Lighted lanterns shall be kept in
conspicuous places at each end of the building during the night.
C.
Repair damaged streets. Every person receiving a permit to move a
building shall, within one day after the building reaches its destination,
report that fact to the Building Inspector, who shall thereupon inspect
the streets over which the building has been moved and ascertain their
condition. If the removal of such building has caused any damage to
the streets, the house mover shall place them in as good repair as
they were before the permit was granted. Upon the failure of the house
mover to do so within 10 days thereafter to the satisfaction of the
City Manager, the person obtaining such permit and the sureties on
his bond shall be responsible for the payment of the same.
D.
Depreciation of property values prohibited. No permit shall be issued
for the moving of any structure or portion thereof into the City or
from one premises to another premises:
(1)
If the structure is so old, dilapidated and so out of repair
as to be unsanitary or unfit for human habitation or use.
(2)
If, in the opinion of the City Council, by reason of its external
appearance or its age, it would be detrimental to the general character
of the neighborhood in its new location. Sufficient evidence shall
be provided the City Council to show the future fair market value
of the structure after moving to equal or exceed the fair market value
of any similar structure within a 200-foot radius of the proposed
site.
(3)
Unless permits are procured at the same time for all additions,
alterations and replacements of any structural or mechanical components
of or within the structure, which will be required in order to comply
with all building, plumbing, electrical, heating and other applicable
codes, The Building Inspector shall examine the structural and mechanical
components within the structure and specify the additional components
necessary to bring them up to a condition whereby the safety standards
specified in the applicable codes are met satisfactorily. The Building
Inspector may accept existing components which, in his judgment, are
safe and in good repair and are properly located so as to be practical
and in conformance with the applicable codes.
E.
Application. This section shall apply to any structure or portion
thereof to be moved into the City or from one premises to another
or from one location to another location on the same premises.
F.
Completion of work.
(1)
No person shall use or occupy any structure for which a moving permit has been issued prior to completion of all work specified on the permit and/or required by Subsection D. All work such as is specified on the permit and/or Subsection D, including final grading and painting, shall be completed within six months from the date of issuance of the permit.
(2)
Any person affected by this section may petition the Building
Inspector to extend any time limit mentioned herein. Such petition
shall recite facts indicating unusual hardship. The Building Inspector
may deny or grant the relief asked for in the petition; provided,
however, any extension shall not exceed 60 days. The denial or granting
of the petition shall be in writing. The refusal to extend any time
limit shall be subject to appeal to the Board of Appeals by the petitioner.
A.
The provisions of this section shall apply to structures which project
into or over any public right-of-way, including marquees, canopies,
fixed awnings, fire escapes, bay windows, balconies, mansards, and
other similar projections or structures, exclusive of signs and folding
awnings, as defined and governed by Title 10, Chapter 10-4 of this
Code.
B.
Such projecting structures shall:
(1)
Not extend closer to the curb face than two feet, except where
a structure is set back at least 72 inches; such projecting structure
shall be kept completely out of the right-of-way unless for the public
convenience as determined by the Building Inspector;
(2)
Be not less than eight feet above grade unless they are located
within 25 feet of a street intersection, in which event they shall
be not less than 10 feet above grade;
(3)
Be constructed of fire-resistive materials in accordance with
applicable provisions of the Wisconsin Administrative Code;
(4)
Not extend more than three feet above the top of the wall or
parapet of the building to which it is attached;
(5)
Be divided by means of 3/4-hour-minimum rated fire separation
panels into compartments not greater than 300 cubic feet in area;
(6)
Be designed and installed so as to withstand roof loads of 40
pounds per square foot and wind loads of 30 pounds per square foot.
C.
Plan approval and permit required. No person shall construct any structure as described in Subsection A until plans therefor have been approved and a permit has been issued by the Building Inspector.
D.
Compliance. Projecting structures such as are described in Subsection A lawfully existing at the time of adoption of this chapter which do not comply with the provisions herein contained may be continued as legal nonconforming projecting structures and may be maintained, but in no case shall they be enlarged or structurally altered without conforming to the provisions of this chapter.
A.
Permit required. No person, firm or corporation shall demolish or
cause to be demolished any building, structure or part thereof without
first obtaining a permit from the Building Inspector.
B.
Permit duration. Demolition activity and site restoration shall be
substantially completed within 30 days from the start of the demolition
activity. If the demolition activity is completed after September
15, the site restoration may be deferred until no later than the following
May 15. Failure to complete the demolition and site restoration work
within these time constraints may result in daily fines at a rate
of $100, with each day being considered a separate offense.
C.
Certificate of insurance required; indemnification and hold harmless.
(1)
Evidence of liability and property damage insurance with a company
licensed to do business in the State of Wisconsin shall be provided
to the Building Inspector. Maintaining such coverage for the duration
of the project shall be a condition of the permit.
(2)
In the case of all permit applications, the applicant must provide
evidence of such coverage in the amount of at least $500,000.
(3)
Provided, however, if the permit addresses demolition activity
involving any building or structure having interior floor space of
over 10,000 square feet that had a principal nonresidential use as
its most recent use allowed by law, which principal use has ceased,
the permittee shall be required to maintain insurance coverage in
the amounts stated below, and to provide the City with proof of such
insurance upon request:
(a)
General liability: $2,000,000.
(c)
Pollution legal liability: $5,000,000 each loss where asbestos
removal, environmental process, abatement, remediation or dumping/disposal
in a federal- or state-regulated facility is required.
(d)
Worker's compensation: statutory limits.
(f)
Umbrella liability: $2,000,000 over the primary insurance coverages
listed above.
(4)
In addition, the permittee shall agree to indemnify and hold
the City harmless from any and all claims, demands, actions, judgments,
liabilities and obligations of any nature whatsoever arising from
the demolition activity or site restoration for which the permit is
issued, including any attorneys' fees and costs incurred by the City
as a result thereof.
D.
Demolition plan required. Every person filing an application for
a permit for the demolition of a building or structure or part thereof
having a total floor area in excess of 10,000 square feet shall file
with such application a detailed plan indicating the manner in which
the building is to be demolished, the time schedule for all phases
of the demolition work, a disposal plan for debris, that includes
identification of the manner in which such aspects as noise, dust,
transporting debris, building, hours of work, protection of excavated
or hazardous areas and disposal areas are addressed.
E.
Optional site plan. The Building Inspector may require the property
owner or its agent to file a site plan for the property upon which
the building to be demolished is located.
F.
Disconnection of utilities. Before commencing any demolition activity,
the owner or his agent shall notify all utilities having service connections
thereto, such as water, sewer, gas, electric, telephone, cable TV
and other such connection. Disconnection of all utilities shall occur
prior to the start of any demolition activity and shall be in accord
with the requirement(s) of any utility service provider.
G.
Requirements if demolition costs exceeds land value.
(1)
Whenever the Building Inspector determines that the estimated
cost of demolition and removal and disposal of debris exceeds the
assessed value, or the value asserted by the owner or owner's representative
in any then-current appeal of the assessed value of the land (including
remaining improvements) upon which the building is located, the applicant
shall:
(2)
Provided, however, that if the demolition cost exceeds land value in the manner described above and the permit addresses demolition activity involving any building or structure having interior floor space of over 10,000 square feet that had a principal nonresidential use as its most recent use allowed by law, which principal use has ceased, the permittee shall provide to the City an irrevocable letter of credit in an amount required by the City Council and in a form acceptable to the City Attorney. Such letter of credit is required in such instances in lieu of the requirements stated in Subsection G(1)(a) and (b) above.
(3)
The irrevocable letter of credit must be issued by a financial
institution certified by the state to conduct such business within
the State of Wisconsin, allowing for direct draw by the City, on demand,
without court action, and without approval by permittee, to complete
work or to repair damage that was the obligation of or caused by the
permittee. The irrevocable letter of credit must contain as a part
of its provisions that it remains as an obligation to the City for
no less than one year after completion of the last act of demolition
or site restoration by the permittee or after the expiration of a
permit issued under this section to the permittee, whichever is later.
In considering the amount of the irrevocable letter of credit, the
City Council shall consider the recommendation, if any, of the Staff
Review Committee; the expertise of the applicant; the longevity of
the applicant; the capitalization of the applicant; the scope of the
proposed project; the effect of the proposed environmental hazards
that could be created; the effect of the proposed operation on the
surrounding neighborhood; and the cost of remediation to the City
if the City should have to address any matter due to unwillingness
or inability of the permittee to complete its obligation.
H.
General procedures. The holder of a permit to demolish a building
shall comply with the following:
(1)
During the entire period of any demolition project on or near
the lot line of any street, all barricades, fencing, safety lights,
warning signs, chutes, roofed passageways or other equipment as may
be deemed by the Building Inspector as necessary for the protection
of the public shall be installed and maintained in good condition
by the owner or his agent.
(2)
When a building is demolished, the roof and each upper story
shall be taken down before the demolition of the next-lower story
is begun, and no material shall be placed in such a manner as to overload
any part of such building in the course of such demolition.
(3)
All brick, stone, timber and structural parts of each story
shall be lowered to the ground immediately upon displacement, and
all dry mortar, lime, brick dust and other flying material shall be
sufficiently dampened before and during removal to prevent it from
floating or being blown into the street or onto adjacent property.
(4)
During demolition, sewer pipes shall be protected to prevent
entrance of sand, earth or other foreign materials. Upon completion
of demolition, the ends of all underground sewer or drain pipes shall
be securely stopped with watertight and durable material. The water
supply system and sewer shall be abandoned inside the property line
by a licensed master plumber.
(5)
The foundation of any building or structure being demolished
shall be removed and leveled to a minimum of 48 inches below the adjacent
grade. The basement floor shall be removed or broken up to allow free
flow of water. Excavations shall be filled with at least two feet
of clean granular soil fill.
(6)
The site of any building or structure demolished shall be left in a dust-free and erosion-free condition. The site shall be properly cleared of all debris and rubbish and shall be leveled, graded to provide proper drainage of the site to conform with the grade of any adjoining premises, and planted with turf grass. In the alternative, subject to the provisions of Subsection K below, the Building Inspector may authorize the site be fenced in with a solid board fence not less than four feet high to safeguard the public.
(7)
The contractor shall be responsible for the repair and replacement
of any damaged public sidewalk, curb, gutter, street or utility.
(8)
During the entire period of any demolition project, employees
and agents of the City shall have the ability to enter onto the property
at any time, without notice, for inspections. Such ability shall be
a condition of the demolition permit.
I.
Removal of salvageable nonstructural materials from vacated buildings
shall comply with Chapter 6-12 of this Code.
J.
All work shall comply with the City's Stormwater Ordinance, as amended
from time to time.
K.
Exemptions and modifications to requirements.
(1)
Exemptions and modifications to the requirements described in
this section may be granted by the Building Inspector. Such exemptions
or modification may be granted, provided the Building Inspector determines
that the exemptions and modifications are consistent with the purpose
and intent of the applicable requirements.
(2)
Any exemption or modification to the requirements of § 11-1-30H
may only be granted by the Building Inspector following review by
the Plan Commission and authorization by the City Council, and then
only if the site of the demolition activity is the subject of a City-approved
redevelopment plan that specifically addresses a public purpose for
said exemption or modification of this section.
L.
Severability. If any provision of this chapter or its application
to any person or circumstances be held invalid by any court having
jurisdiction, that invalidity shall not affect other provisions or
applications of this chapter that can be given effect without the
invalid provision or application.
A.
Appliances to conform to safety standards. All gas appliances and
accessories hereafter installed, sold or offered for sale shall conform
to reasonable standards of safety. The presence on a gas appliance
or accessory of a safety seal or label of a nationally recognized
testing agency or a certificate or letter of approval from any such
agency or the inclusion of an appliance or accessory in an approved
listing by such agency shall be prima facie evidence that such appliance
or accessory conforms to reasonable standards of safety. Such nationally
recognized testing agency shall be one qualified and equipped to perform,
and one that does perform, periodic inspections of current models
of gas appliances and accessories.
B.
Installation to conform to safety standards. All gas appliances and
piping systems shall be installed to conform to reasonable standards
of safety. Installation of appliances, accessories and piping that
comply with the standards set forth in Ch. SPS 323, Wis. Adm. Code,
or with the standards recommended by the American National Standards
Institute's National Fuel Gas Code, most recent edition, shall be
considered prima facie as conforming to reasonable standards of safety.
C.
Supplier to turn on gas service. No person except an authorized agent
or employee of the gas supplier shall turn on or reconnect gas service
in or on any premises where and when gas service is not at the time
rendered. This shall not prohibit an installer from turning on the
supply of gas temporarily for the purpose of testing the installation
for the purpose of connecting an appliance or making repairs.
D.
Limitations on sale of gas space heaters. No person shall install
any gas appliance for the purpose of space heating without first determining
from the gas supplier that adequate facilities are present to supply
gas to such appliances in quantities that shall assure reasonably
safe and uninterrupted operation.
E.
Unsafe appliances and installations prohibited. No person shall sell
or offer for sale or install any gas appliance or accessories or gas-piping
system if the same, when installed for use, would be in violation
of this section or would be unsafe or dangerous.
F.
Authority to disconnect. The Building Inspector may disconnect any
gas appliance, accessory or gas piping which does not conform to the
requirements of this section or which may be found defective and in
such condition as to endanger life or property. Where such disconnection
has been made, a notice shall be attached to such appliance, accessory
or gas piping which shall state that it has been disconnected and
the reasons therefor. Such notice shall not be removed or the appliance,
accessory or gas piping be reconnected until it shall have been made
to conform with the requirement of this section and its reconnection
has been authorized by the Building Inspector.
Any person who shall violate any provision of this chapter or
any order or regulation issued hereunder shall be subject to a penalty
as provided in § 1-1-5 of this Code.
