ATTACHMENTS
Attachment 1 - Schedule A: Fees
[Amended 7-13-2021 by Ord. No. 2021-010]
(A) 
This chapter, (hereafter referred to as "Code") is enacted pursuant to Chapters 60 and 101, Wis. Stats., for the purpose of providing certain minimum standards for the design, methods of construction, use of materials, conversion to other use, demolishing of buildings, razing or moving, use and occupancy of all buildings and structures within the Village of Somers.
(B) 
Application of Codes. The Village of Somers Building Code shall apply to new construction, additions or alterations of:
(1) 
One- and two-family dwellings.
(2) 
Manufactured dwellings.
(3) 
Multifamily buildings.
(4) 
Commercial buildings.
(5) 
Agricultural buildings.
(6) 
Private garages and sheds.
(7) 
Accessory buildings.
(8) 
Private swimming pools.
(9) 
Public swimming pools.
(10) 
Hot tubs and swim spas.
(11) 
Decks, porches, gazebos and pergolas.
(12) 
Other structures as applicable.
(C) 
This Building Code shall not apply to children's play apparatus.
This Code shall be subject to the Village of Somers General Zoning and Shoreland/Floodplain Zoning Ordinance, and amendments thereto.
(A) 
ADDITION — Any new construction performed on any dwelling or building which increases the outside dimensions of said dwelling or building, whether constructed prior to or after June 1, 1980, the effective date of the State Administrative Code.
(B) 
ALTERATIONS — A substantial change or modification other than an addition or minor repair to a dwelling or building, or to the systems (electrical, plumbing or heating) involved within the dwelling.
(C) 
DEPARTMENT — The State of Wisconsin, Department of Industry, Labor and Human Relations.
(D) 
DETACHED ACCESSORY BUILDINGS — Include, but are not limited to, barns, sheds, cribs, granaries, garages, utility sheds, roofed patios and similar structures, having a square footage in excess of 30 square feet.
(E) 
BOARD — The Village Board of the Village of Somers.
(F) 
DWELLING — Any building, the initial construction of which is commenced on or after June 4, 1980, and contains one or two dwelling units, and that part of an existing structure, constructed prior to said date, which is used or intended to be used, as a one or two family dwelling. This definition also includes additions and alterations to a mobile home.
(G) 
INSPECTOR — The Building Inspector of the Village of Somers, with authority as set forth in § 14.04 and as otherwise granted by the Wisconsin Statutes.
(H) 
MAJOR ALTERATION OR REPAIR — If an alteration or repair shall be in excess of 50% of the assessed value of the existing building, and made within a period of 12 consecutive months, the building shall be made to conform to all requirements of this code, subject to § 14.06.
(I) 
MINOR REPAIR — Any repair performed for maintenance or replacement purposes on any existing one or two family dwelling or public building which does not affect room arrangement, light and ventilation, access to or efficiency of any existing stairways or exits, fire protection, exterior esthetic appearance, and which does not increase a given occupancy or use. No building permit is required for work to be performed which is deemed by the building inspector to be a minor repair. Roof covering repair, or reroofing of more than 25% of the entire roof in a twelve-month period, shall require a building permit pursuant to § 14.08.
(J) 
ONE OR TWO FAMILY DWELLING — Any structure which contains one or more separate households intended to be used as a home, residence or sleeping place by an individual, or by two or more individuals maintaining a common household, to the exclusion of all others.
(K) 
PERSON — Any individual, association, partnership, corporation, limited liability company or other legally recognized entity.
(L) 
PUBLIC BUILDING — Any building or structure, not a one or two family dwelling, subject to State Administrative Codes.
(M) 
SWIMMING POOL — Shall be accorded the definition found in § 14.14.
(N) 
UNIFORM DWELLING CODE — Those Administrative Code provisions and future amendments, revisions, or modifications to said Code, as may be from time to time adopted by the Department, and shall be included herein by reference.
(O) 
VILLAGE — The Village of Somers.
(P) 
ZONING ORDINANCE — The Village of Somers General Zoning and Shoreland/Floodplain Zoning Ordinance and any amendments or additions enacted thereto.
(A) 
There is hereby created for the Village an Inspection Department. The Inspection department shall be under the direction of an Inspector and such deputies, assistants and helpers as may, from time to time, be appointed. The Inspection Department is created for the purpose of extending a supervisory control over building, construction and repairing operations, moving operations and general usage of buildings within the limits of the Village.
(B) 
The Inspector shall be certified as required by § 101.66, Wis. Stats., and shall be appointed by the Board for an indefinite term, or until his successor shall be duly qualified and appointed. The Board may, from time to time and for such length of time as it deems advisable, employ one or more deputy building inspectors and such other assistants and personnel as it may deem necessary, and the Board may discharge any of the same at will. The Board may, at any time, remove from office the Inspector. During the absence or inability of the Inspector to act, the Board may appoint a deputy or assistant as acting Inspector. The Board may require the Inspector, deputy, assistants and other personnel, to furnish bonds in such amounts for the faithful performance of their duties as it may deem advisable. The compensation of the personnel of the Department of Building Supervision shall be established by the Board. The Inspector shall have and possess such powers as are generally necessary for the proper enforcement of this Code, and without limiting such powers by the following designation, shall be specifically possessed of the following powers to:
(1) 
Enforce all provisions of this Code and for such purposes shall possess the powers of a police officer, and is authorized to issue and serve citations for violations of this Code.
(2) 
Direct and be responsible for the work of any deputy or assistant, and may act by and through any of them as his representative.
(3) 
Require a permit for any building, plumbing, electrical or heating work, or any other permits required by this Code.
(4) 
Serve notices and citations, deliver certificates of occupancy and cause to be issued "stop and desist" orders for any construction contrary to the terms of this Code.
(5) 
Keep permanent record of all transactions through the Department of Building Supervision office.
(6) 
Collect all permit fees called for in this provision, and shall pay the same to the Treasurer/Clerk at such time as the Board may direct.
(7) 
The Inspector, or other personnel of the Department of Building Supervision may, upon presentation of proper credentials, enter any building or premises during reasonable hours for the purpose of proper inspection to prevent violations of this Code, all as provided in § 66.0119, Wis. Stats. If it shall become necessary, the Inspector may request the Village Attorney to obtain an inspection warrant, provided by § 66.0119, Wis. Stats.
(A) 
No dwellings, public buildings or detached accessory buildings, including agricultural buildings, shall be built, enlarged, altered, repaired, razed or moved into or within the Village, unless a Building permit for that work shall first be obtained by the Owner or his agent, from the Inspector.
(B) 
Application for a Building permit shall be made upon forms furnished for such purpose, and be accompanied by two copies of plans and specifications, and the lot plan, showing the location of the building and such other pertinent information as the Inspector may require. A copy of a Certified Survey of land or lot size shall be required and a zoning permit issued by the Village. The survey and plans and specifications accompanying the application shall show the following:
(1) 
Survey.
(a) 
Location and dimensions of all buildings on the lot, both existing and proposed.
(b) 
Dimensions of the lot.
(c) 
Dimension showing all setbacks to all building on the lot.
(d) 
Proposed grade of proposed structure, to Village datum.
(e) 
Grade of lot and of road opposite lot.
(f) 
Grade and Setback of Adjacent Buildings. If adjacent lot is vacant, submit elevation of nearest buildings on same side of the road.
(g) 
Type of monuments at each corner of lot.
(h) 
Water courses or existing drainage ditches.
(i) 
Seal and signature of surveyor.
(2) 
Plans and Specifications. All plans shall be drawn to scale not less than 1/4 inch per foot, on paper or cloth in ink, or by some other process that will not fade or obliterate, and shall disclose the existing and proposed provisions of water supply, sanitary sewer connections and surface water drainage. All dimension shall be accurately figured. Drawings that do not show all necessary detail shall be rejected. A complete set of plans for residential construction shall consist of:
(a) 
All elevations.
(b) 
All floor plans.
(c) 
Complete construction details.
(d) 
Fireplace details (3/4 inch per foot) showing cross section of fireplace and flues.
(e) 
Plans of accessory structures when such structure(s) is to be built immediately or location of accessory structure(s) when it is to be built at a later date.
All plans shall remain on file in the office of the Building Inspector until at least one year after the completion of the building, after which time the Building Inspector may return the same to the owner, may keep them for public record or may destroy them.
(C) 
The grade level to be established for any new building, shall conform as closely as possible to eight inches above the road at the center of the wall adjoining the street, and at all other areas, grades shall be determined by the Inspector so as to be in conformity with existing adjacent buildings and proper drainage. The established grade level must be verified by field survey by a registered land surveyor before the Inspector shall permit construction above the building foundation. The plans shall show the present and proposed grades of the lot on which it is proposed to erect the building for which a building permit is sought and of the immediately adjoining property in sufficient detail to indicate the surface water drainage before and after the completion of the grading. No permit shall be issued if the erection of the building and the proposed grades shall unreasonably obstruct the natural flow of water from the surface of adjoining property or obstruct the flow of any existing ravine, ditch, drain or storm water sewer draining neighboring property, unless suitable provision is made for such flow by means of an adequate ditch or pipe, which shall be shown on the plans and shall be constructed so as to provide continuous drainage at all times.
(D) 
Early start permits may be issued by the Inspector subject to Board approval.
(E) 
In the event that the Inspector shall determine that prior to issuing a permit, professional services shall be required, the cost of such services shall be paid by the applicant before a permit is issued. The Inspector may require that 125% of the estimated cost and fees for such consulting services be deposited with the Inspector, and if not sufficient, an additional deposit shall be required. Any excess funds not required shall be returned to the applicant.
(F) 
Waiver of Some Requirements. At the option of the Building Inspector, plans, data, specifications and survey need not be submitted with an application for permit to execute minor alterations and repairs to any building, structure or equipment, provided the proposed construction is sufficiently described in the application for permit.
(G) 
Inspector May Revoke Permits. The Building Inspector may revoke any permit, certificate of occupancy or approval issued under the regulations of this Code and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances.
(H) 
Permit Display. A weatherproof card, signed by the Building Inspector, indicating the permit has been issued shall be posted at the job site during construction. After issuance of a building permit, the approved plans shall not be altered unless any proposed change is first approved by the Building Inspector as conforming to the provisions of this Code.
[Added 11-12-2025 by Ord. No. 2025-011]
(A) 
Purpose. All applicants are required to submit a financial assurance to ensure compliance with the approved plans and conditions for any grading and drainage work.
(B) 
Definitions. For purposes of this section:
(1) 
AGENT — shall mean the person, director, partner, registered agent or corporation who signs the application for a building permit for the owner of the parcel.
(2) 
OWNER — shall mean any person or legal entity who holds legal title to or having an ownership interest in the property at the time the building permit is issued.
(C) 
Financial Assurance. Before the issuance of any building permits for any dwelling unit, commercial building, industrial building, institutional building, or for any structure which will require any grading or drainage work, the owner, or the owner's agent, shall pay the Village the sum of $1,500 in the form of a cash bond, surety bond, performance bond or irrevocable letter of credit to guarantee a good faith execution of the approved plans and conditions for the grading or drainage work.
(D) 
Requirements. Such financial assurance shall guarantee that all site grading and drainage work shall be completed in accordance with the approved development survey and the following requirements:
(1) 
All required culverts and all other required drainage structures or appurtenances shall be:
(a) 
Of the required size, gauge, class or length;
(b) 
Properly installed at the required elevations and location;
(c) 
In an undamaged condition;
(d) 
Free of any silt or other deposits.
(2) 
All required ditches, swales, drainage easements and waterways located within the boundaries of the involved parcel or within Village road right-of-way lying adjacent to the involved parcel shall be:
(a) 
Graded to the proper gradients and side slopes;
(b) 
Lie at the required elevations and locations;
(c) 
Have been seeded or sodded and covered with healthy growing grass.
(3) 
The proposed finished yard elevation around the perimeter of any new structure shall be established by the subdivision grading plans or set by the Village Engineer, and the entire building site shall be graded to the required elevations and contours as shown on the building permit survey and shall be seeded or sodded and covered with healthy growing grass.
(4) 
All roof drainage and sump pump flowage shall be outletted pursuant to the Village Engineer's instructions and shall not saturate, accumulate or damage the property of any other parcel.
(5) 
The premises shall be cleared of all rubbish, debris or unused materials.
(6) 
The owner and agent shall be required to sign the site grading certificate of compliance and receive a copy of general instructions for Subsection D(1) through (5) at the time the building permit is issued. The instructions indicate that the site must be restored within 270 days of occupancy.
(7) 
Final grading must be done in accordance with the master grading plan, and an "as-built grading certificate" from the surveyor must be submitted to and approved by the Building Inspector.
(E) 
Inspection. After the occupancy permit is issued by the Village Building Inspector, the Village Building Department shall send a letter notifying the owner that the residence shall be inspected at the end of 270 days for compliance with Subsection (D) above.
(F) 
Refund. If the inspection as described in Subsection (E) above reveals that all the requirements listed in Subsection (D) have been met, the financial assurance shall be released upon written recommendation of the Village Building Inspector. If the inspection does not meet such requirements, the Building Inspector shall notify the owner in writing of the deficiencies which must be corrected within 60 days. If the 60 days extend beyond October 31, then a reinspection shall be performed by May 1 of the following year.
(G) 
Completion by Village. All grading, drainage and cleanup work shall be completed within 270 days after the issuance of the occupancy permit with respect to the building or structure for which the building permit was issued. In the event that all the work is not completed within the 270 day period, the Village may have the work completed and charge any costs related to cleanup, drainage, or grading work against the financial assurance, with the balance of the financial assurance to be refunded. In the event the financial assurance is inadequate to pay for all costs, the owner shall pay any deficiency to the Village on demand.
(A) 
Alterations, Repairs, Etc. Every alteration or repair to any structural part or portion of an existing building, shall, when deemed necessary in the opinion of the Inspector, be made to conform to the requirements of this Code for new buildings.
(B) 
Changed Use of Existing Buildings. If the existing use of occupancy of an existing building is changed to a use or occupancy which would not be permitted in a similar building hereafter erected, the entire building shall be made to conform to the requirements given herein for new buildings; provided, however, that if the use or occupancy of only a portion or portions of an existing building is changed, then only such portion or portions of the building need be made to comply with such requirements, and providing further that the Inspector is hereby given authority to approve any change in the use or occupancy of any existing building even though such building is not made to fully conform to the requirements of this Code when it is obvious that such a change in the use or occupancy of the existing building will not extend or increase any nonconformity or hazard of the building.
(C) 
Maintenance. The requirements contained in this Code covering the maintenance of buildings shall apply to all buildings and structures now existing or hereafter erected. All buildings, structures and parts thereof, shall be maintained in a safe condition, and all devices or safeguards which are required by this Code at the erection, alteration or repair of any building or structure, shall be maintained in good working order. This section shall not be construed as permitting the removal or non-maintenance of any existing devices or safeguards unless authorized in writing by the Inspector.
(D) 
Soil and Drainage. In addition to conditions of the zoning permit, and any other conditions of this Code, the Inspector shall examine in detail the land or the subdivision plat and shall not issue a permit for construction of any building upon any such land, which is known to be of unsuitable soil, moisture, health, drainage or soil erosion problems, or on any filled land. The Inspector shall also be satisfied that the applicant has adequately provided for surface water draining as set forth in either the Pike River or the Des Plaines River Watershed Plan.
(A) 
Under the authority granted in § 101.12, Wis. Stats., the following codes of the Wisconsin Administrative Code are hereby adopted and set forth in full together with any future amendments, revisions or modifications. The Building Inspector shall keep and maintain current copies of said code for reference.
[Amended 7-13-2021 by Ord. No. 2021-011]
(1) 
SPS 302, Fee Schedule.
(2) 
SPS 305, Licenses, Certifications and Registrations.
(3) 
SPS 316, Electrical.
(4) 
SPS 318, Elevators.
(5) 
SPS 320 to 325, Uniform Dwelling Code (UDC).
(6) 
SPS 326, Manufactured Homes.
(7) 
SPS 327, Camping Units.
(8) 
SPS 328, Smoke Detectors and CO Detectors.
(9) 
SPS 360 to 366, Wisconsin Commercial Building Code.
(10) 
SPS 367, Rental Unit Energy Efficiency.
(11) 
SPS 371, Solar Energy Systems.
(12) 
SPS 375 to 379, Buildings Constructed Prior to 1914.
(13) 
SPS 390, Public Swimming Pools.
(14) 
Such portions of the International Building Code as may be adopted in the Wisconsin Administrative Code. To the extent that provisions of the International Building Code are not identical to other provisions either in these ordinances or in other provisions of the Wisconsin Administrative Code which were adopted by reference herein, the more restrictive provisions shall apply.
(15) 
Chapter SPS 316 of the Wisconsin Administrative Code, and all amendments thereto, are hereby made a part of this Code by reference with respect to all classes of buildings to which such provisions apply. It is the intention of the Village of Somers to have the Village Building Inspector, or his agent or representative, provide commercial electrical permitting and inspection pursuant to Wisconsin Electrical Code SPS 316, as amended. It is specifically intended that the provisions of SPS 316 shall supersede any other provisions of these ordinances which conflict with SPS 316.
(B) 
The Building Inspector shall be commercially certified by the Wisconsin Division of Safety and Buildings and is hereby authorized by the Village to enforce the preceding sections of the Wisconsin Administrative Code herein adopted by reference.
(C) 
No person shall build or cause to be built any new public building or alter any public building without first submitting plans and specifications to the Building Inspector and obtaining a building permit for such building. Building permit fees shall be determined as set forth hereinafter in the accompanying Schedule A.
(D) 
The Building Inspector and his or her delegated representatives are authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code.[1]
[Added 6-22-2021 by Ord. No. 2021-009]
[1]
Editor's Note: See Ch. SPS 320-325, Wis. Adm. Code.
(E) 
At the time application for building permit is made, the Building Inspector shall collect the state fee required under the Uniform Dwelling Code[2] and an additional fee as set by the Village Board from time to time by motion which shall be charged by the Village for plan examination and additional costs incurred by the Village in administering the state code provisions.
[Added 6-22-2021 by Ord. No. 2021-009]
[2]
Editor's Note: See Ch. SPS 320-325, Wis. Adm. Code.
(A) 
If the Inspector finds that the proposed building structure shall comply in every respect with this Code and with all other provisions of the Village or applicable laws, rules and regulations, including those of Kenosha County and the State of Wisconsin, he shall collect the building permit fees as set forth hereafter in the accompanying Schedule A and issue a building permit for the structure. The building permit shall be posted in a conspicuous place at the site of the proposed building.
(B) 
The owner, or his agent, shall apply for all necessary permits to construct any building, alteration or improvement as determined by the Inspector, and shall pay all fees at the time of the issuance of a Building permit, excepting, however, that a permit for connection to a municipal water system or a municipal sewer system, shall be issued only to a master licensed and bonded plumber, or licensed utility contractors. The fee for connection to a municipal sewer system to be that fee charged by the utility district, sanitary district or municipal authority exercising the control over the municipal sewer. The fee for inspection of the water connection shall be limited to the water main only, or as may be authorized by the Public Service Commission. A record of any such sewer and water connections shall be kept by the Inspector.
(C) 
Automatic Sprinkler and Fire Prevention Systems. If required, shall be as set forth in this Code.
[Amended 7-13-2021 by Ord. No. 2021-012]
(A) 
Objective. The objective of this chapter is to safeguard persons and property and to give assurance to all manner of electrical work being done in a workmanlike manner, by establishing minimum standards for the installation and maintenance of electrical systems, by regulating and providing for the inspection of the installation of electrical wiring, equipment, and devices, and providing for the licensing of persons, firms and corporations undertaking electrical work, and fixing a penalty for the violation thereof. Compliance with these standards is intended to result in installations reasonably free from electrical hazards.
(B) 
Scope.
(1) 
The Village hereby adopts § SPS 316.012(3)(b) of the Wisconsin Administrative Code. The regulations of this chapter shall apply to the supply of electricity, the licensing of electricians, and to all installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections, and maintenance of all electrical materials, wiring, conductors, fittings, devices, appliances, fixtures, signs, and apparatus, or parts thereof, hereafter referred to as electrical equipment, which are intended to be, or are, within, on, under, over, or near all buildings, structures, equipment, and premises. Electrical permits shall be obtained for all electrical work involving installation of new devices or repairs to existing installations, both of a normal voltage for the building or structure and low voltage. The scope of this section shall include the installation of cable television, telecommunication wiring, security wiring, communication system wiring and control wiring.
(2) 
The Wisconsin Administrative Code Chapters SPS 316 and SPS 317 and all amendments thereto and the National Electrical Code and all amendments thereto are hereby adopted by reference and made part of this chapter.
(C) 
Electrical Inspector.
(1) 
The Electrical Inspector shall be the Village Building Inspector or Assistant Building Inspector.
(2) 
The Electrical Inspector shall not be interested as a partner or otherwise with any person or persons in any business dealing in electrical supplies, fixtures, or material, or carrying on the trade of work of an electrician on any property or project which he or she inspects. In the event that the Electrical Inspector has been so interested in a property or on a project located within the Village which is subject to inspection hereunder, then the Building Inspector shall arrange for an electrical inspection by an alternate, disinterested qualified inspector.
(3) 
The Electrical Inspector shall be a state certified electrical inspector.
(D) 
Electrical Inspector, Powers and Duties.
(1) 
The Electrical Inspector shall make, or cause to be made, a thorough inspection of any wires or equipment within the Village.
(2) 
The Electrical Inspector shall have the power to enter any building or premises at any reasonable hour in the discharge of his duties. He/she shall also have the power to enter any building used in whole or in part for the purpose of public assemblage when occupied by the public, or at any time in order to examine electrical equipment in such building.
(3) 
The Chief of the Fire Department or the Electrical Inspector shall have the power to cause the removal of all wires and discontinuance of all electrical current when the circuits interfere with the work of the Fire Department. The Electrical Inspector shall have the authority to cause the turning off of all electrical current to any equipment or circuits found to be in an unsafe condition, and cut or discontinue electrical service in cases of emergency and where such currents are dangerous to life or property.
(E) 
License Required.
(1) 
Electrical Contractor License. No person, firm, or corporation shall engage in the business of installing, altering, or repairing any electrical wiring, fixtures, or electrical equipment without first having procured an electrical contractor license in the manner provided in this chapter.
(2) 
Individual Licenses. No person shall alter, install, or repair electrical wires or apparatus, or supervise the same, without having first procured one of the following electrical licenses:
(a) 
State of Wisconsin Master Certificate.
(b) 
State of Wisconsin Restricted Master Certificate.
(c) 
State of Wisconsin Journeyman Certificate.
(d) 
State of Wisconsin Beginners Certificate.
(F) 
Homeowner's Privilege.
(1) 
A property owner may personally install electrical wiring in his/her own single-family dwelling owned by and occupied by him/her as a permanent residence, provided that said owner shall:
(a) 
Apply for and secure a permit in accordance with this Code.
(b) 
Pay the required fees.
(c) 
Do the work himself/herself in accordance with Code.
(d) 
Apply for inspection.
(e) 
Receive the approval of the Electrical Inspector.
(2) 
The property owner's privilege does not apply to the following:
(a) 
New electrical services, service upgrades, or underground wiring.
(b) 
New construction prior to the issuance of an occupancy permit.
(c) 
In-ground swimming pools, spas, or hot tubs (interior or exterior).
(d) 
Wiring over 120 volts (meters, switch boxes 220V 440V).
(e) 
Wiring in two-family dwelling.
(f) 
Any rental property.
(3) 
If the Electrical Inspector deems that the homeowner is incapable of installing the wiring per N.E.C. and Ch. SPS 316, Wis. Adm. Code, then the inspector may condemn the installation and require the homeowner to hire a licensed electrical contractor.
(G) 
Permits for Light, Heat and Power Installations.
(1) 
No electrical work within the scope of this chapter shall be performed without first obtaining an electrical permit from the Electrical Inspector. The application for such permit shall state clearly the work planned, alterations to be made, and equipment and materials to be used. The Inspector or inspectors shall issue permits for electrical installations of light, heat and power, as covered within the scope of the Wisconsin State Electrical Code, Volume II, upon the filing of proper applications, which describe the nature of the work as well as such other information as may be required for inspection. In no case shall electrical work be done unless a permit has been obtained except as follows:
(a) 
Any person manufacturing or repairing electrical appliances and employing a competent electrical repair person shall not be required to have a permit for their testing or repair work.
(b) 
No permit shall be required for minor repair work such as repairing drop cords, flush and snap switches, replacing fuses or changing lamp sockets.
(2) 
The electrical permit shall have lapsed and be void unless electrical work is commenced within 12 months of the date of issuing of the permit. If a permit has lapsed before such work can be commenced, a new permit shall first be obtained. A written request from the permit holder prior to permit expiration may extend the permit for an additional 12 months.
(H) 
Contractor on Site. All electrical wiring or electrical work done on all new houses, rental buildings, and buildings used for commercial purposes in the Village must be done by a licensed electrical contractor until a final inspection is approved by the Electrical Inspector.
(1) 
A master electrician or journeyman electrician must be on the job site at all times while electrical work is being done.
(2) 
In a building used for commercial purposes only, the building as described in the State of Wisconsin approved plans is covered by the original Village of Somers building permit. Any tenants of this building that require additional wiring for specified purposes must have an additional permit issued by the Village of Somers and the additional wiring must be performed by a licensed electrician, who has a valid license from the Village, and be inspected by the Electrical Inspector.
(3) 
After an occupancy permit has been issued for a house, the owner/occupant may perform certain electrical operations as outlined earlier.
(I) 
Minimum Standards. All electrical work, including the installation and placing of wires and other electrical equipment, shall be done in conformity with the minimum standards established by this chapter, the latest editions of the National Electrical Code (hereafter called the "NEC"), and the Wisconsin Administrative Code Chapter SPS 316. Said codes are, by this reference, incorporated herein. Copies of this code shall be on file in the office of the Village Clerk/Treasurer. All electrical work shall be performed in such a manner as not to endanger life or constitute a fire hazard.
(J) 
Certificate of Inspection. Unless otherwise especially permitted by the Inspector, all work shall be left uncovered for examination until examined and approved by the Inspector. The Electrical Inspector shall have the privilege to have removed any obstruction, such as laths, plastering, boarding or partitions which might prevent a complete inspection. Installations found to be in accordance with the ordinances and laws related thereto shall be so certified by the Electrical Inspector, who shall issue a certificate of inspection to the owner, which shall authorize the connection with the electrical supply. It is unlawful to make such connection until such a certificate of inspection has been issued.
(K) 
Village and/or Inspector Not Liable. This chapter shall not be construed as assuming any liability on the part of the Village or the Inspector for damages to persons or property caused by defective work, or by approval or disapproval of any electrical equipment, plans, or other provisions authorized by this chapter.
(L) 
Emergency Work. Any contractor doing or causing emergency work to be done shall report the same to the Electrical Inspector within one business day after beginning the work.
(A) 
A building permit for all buildings shall lapse and become void unless construction is commenced within six months of the date of issue and completed within 24 months from the date of issuance of the permit, except for electrical permits which will expire 12 months after issuance of the permit. If after a building permit shall lapse and an application is made for a renewal, the Inspector, after inspection of the premises and for good cause, may reissue or renew the permit and the fee charged shall be 50% of the original fee, except that the Inspector shall have the authority to adjust and renew permit fees to give applicant credit for previously made inspections to a point of the completed construction at the time the renewal permit is issued.
[Amended 7-13-2021 by Ord. No. 2021-013]
(B) 
No excavation for building purposes, whether or not completed, shall be left open for more than six months without proceeding with the erection of a building thereon. If any such excavation remains open for more than six months, the Inspector shall order in writing, the erection of a building on the excavation to begin forthwith, or, that the excavation shall be filled to grade, and in a dust free, erosion free condition, all as provided in § 66.0413, Wis. Stats. If the owner of the land fails to comply with the order within 15 days after service upon him, the Inspector shall cause the excavation to be filled to grade and the cost shall be charged against the real estate, as provided in the Wisconsin Statutes.
(C) 
Inspections Required. In addition to the inspections required for one and two family dwellings, all buildings or construction, which require a permit, shall have the following minimum inspections, if the nature and type of construction shall so require.
(1) 
Construction site before construction begins.
(2) 
Footings and foundations.
(3) 
Rough inspections of general construction,
(a) 
Framing,
(b) 
Rough electrical,
(c) 
Plumbing,
(d) 
Ventilating and air conditioning,
(e) 
Insulation.
(4) 
Final inspection to determine that there are no violations of this code, or any State Code, Administrative rule or regulations.
(A) 
If no violation of this chapter or any law or lawful order is found, and if the building is completed, the Inspector shall issue a certificate of occupancy stating the purpose for which the building is to be used. No building or part thereof shall be occupied until a certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy.
(B) 
Temporary Occupancy. A temporary occupancy permit may be issued at the discretion of the Inspector, for a specified period of time, not to exceed 30 days, where existing and unusual circumstances cause undue hardship on the owners. A limited occupancy permit shall not be in lieu of a final occupancy permit and may be revoked at any time.
(C) 
Occupancy Permits For Business Establishments.
(1) 
No person shall use or permit the use of any building or premises or part thereof, for any manufacturing, commercial or business purposes whenever such building has been erected, altered, changed, converted wholly or in part, to a different use or where the premises or any portion thereof has become vacant until an occupancy permit shall have been obtained from the Inspector.
(2) 
Application for a business occupancy permit shall be made upon a form provided by the Inspector's Office. Such application shall contain the name of the applicants, and, if a corporation, the names of the principal officers and managers, address of principal officer or manager, location of the premises to be occupied and nature of business to be pursued on the location, and such other information as the Inspector may reasonably require to perform an adequate inspection of the premises. No permit shall be issued to any person for any business operation which would violate the Zoning Ordinances, or constitute a fire or health hazard, violation of this Building Code or any other Ordinances of the Village, the County of Kenosha, State of Wisconsin, or administrative regulations.
(A) 
Detached garage or accessory building shall mean a garage or accessory building entirely separated from the residence and subject to the conditions set forth in the Zoning Ordinance.
(B) 
The following specifications shall apply to all private garages and accessory buildings except accessory farm buildings.
(1) 
Floors shall be of concrete or other fire resistant material four inches thick. No pits or floor drains will be allowed unless put in according to the State Plumbing Code. The floor in all private garages shall be of concrete construction and sloped toward the exterior garage door or opening.
(2) 
Frame building construction shall be as follows:
(a) 
Frame Buildings may be Built on Slab. Attached private garages shall be provided with the same type footings and foundations as required herein for the principal building. Concrete floors shall be not less than four inches in thickness. Detached garages may be built with a continuous floating slab of reinforced concrete not less than four inches in thickness. Reinforcement shall be a minimum of number 10 six by six inch wire mesh. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below the top of the slab. The lower reinforcement bar shall be set two inches above the bottom of the thickened edge and the upper reinforcement bar shall be set six inches above the bottom of the thickened edge. Exterior wall curbs shall be provided not less than four inches above the finished ground grade adjacent to the garage. Bolts three-eights inches in diameter with nuts and washers attached, six inches long, shall be embedded three inches in the concrete curb of detached garages, eight feet on centers.
(b) 
Studs shall be two inches by four inches spaced 24 inches on center.
(c) 
Ties shall be a minimum of 2" x 6" and be spaced four feet on center and extend from plate to plate. Collar ties shall be spaced four feet on center and 1/3 the distance from ridge with material equal to 1" x 6" nominal.
(d) 
Diagonal corner braces shall be 1" x 4" extending from plate to plate or one-half inch plywood four feet wide extending from the outside corner and from plate to plate, or approved manufactured ties.
(e) 
Corner posts shall be two 2" x 4" or one 4" x 4".
(f) 
Headers shall be sized according to structural analysis.
(g) 
Rafters shall be sized according to rafter tables in the State 1 and 2 Family Dwelling Code.
(h) 
Roof sheathing, boards and planking, plywood sheathing and similar materials which are rated by the American Plywood Association as grade, marked and stamped, and limited to allowable loads and spans.
(i) 
Roof Boards. See § SPS 327.28, Wis. Adm. Code.
[Amended 7-13-2021 by Ord. No. 2021-014]
(j) 
Roof planks shall be tongue and grooved, or splined and at least two inches nominal in thickness. Planks shall terminate over beams unless joints are end matched. Planks shall be laid so that no continuous line of joints will occur except at points of support. Planks shall be nailed or fastened to each beam.
(k) 
Rolled type roofing shall be prohibited, except for accessory farm buildings. All roofing types shall be installed according to the manufacturer's instructions, or as set forth in the Uniform Dwelling Code, Sub-chapter VIII, Roofs and Ceilings.
(l) 
Siding shall be of an approved weather resistant material.
(3) 
A masonry building shall be built according to masonry standards set forth in § SPS 321.26, Wis. Adm. Code.
[Amended 7-13-2021 by Ord. No. 2021-014]
(a) 
All masonry type buildings shall have footings and foundations at least four feet below grade, and shall be determined upon structural analysis. All framing construction shall be as above for frame buildings.
Plans and specifications for farm accessory buildings shall be approved by the building Inspector. Plans and specifications for a manufactured or precut accessory building shall carry the seal of an architect or registered professional engineer which shall be acceptable to the Inspector. Accessory buildings which do not have an architect's or professional engineer's seal shall be reviewed by the Inspector who shall make a determination as to the safety of construction, including the electrical service, of the building for its intended purpose before issuing a building permit.
(A) 
Definition. Swimming pool as used in this section shall mean any body of water, 18 inches or more in depth (including wading pools), contained in an artificial or semi-artificial receptacle or other container, above or below the surrounding grade, used or intended to be used for swimming by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, whether he be owner, lessee, operator, licensee or concessionaire, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.
(B) 
Permit Required. Before work is commenced on the construction of a new swimming pool or any alteration or addition, remodeling or other improvement to an existing swimming pool, an application on forms provided by the Inspector, for a permit to construct the pool that contain the pertinent explanatory data shall be submitted to the Inspector who shall review such application and pertinent data and determine whether the proposed pool complies with the provisions of this Code as well as with reasonable standards of swimming pool construction for the protection of public safety and health as prescribed by the rules and regulations promulgated by the Board or Village Zoning Ordinance.
(C) 
Electrical Service and Wiring. The provisions of the State of Wisconsin Electrical Code defining the minimum requirements necessary in regard to the construction and installation of electrical wire for equipment, or adjacent to swimming pools, is hereby adopted by reference and made a part of this provision as if set forth in full, except that electrical service shall be in rigid conduit.
(D) 
Periodical Inspection. The Inspector may inspect or cause to be inspected, all non-residential swimming pools within the Village at such reasonable times as may be deemed necessary to carry out the intent of this section, and to require the owner, proprietor or operator to comply with all rules and regulations pertaining to swimming pools set forth herein, or the Zoning Ordinances, and shall refer any violations pertaining to any health condition, to the County Health Officer.
(1) 
Drainage. No water drained from a swimming pool shall be discharged over or near any septic tank, septic field, well or into any public street or public way, which would cause a nuisance or be a hazard to the public, or to adjacent properties, without approval of the property owner.
[Amended 7-26-2023 by Ord. No. 2023-024; 9-24-2024 by Ord. No. 2024-006]
(A) 
A permit shall be required for the construction of all fences within the Village and subject to the provisions of the Zoning Ordinance.
(B) 
In addition to the provisions of the Zoning Ordinance, fences shall be designed so as to resist wind load to which they may be subjected, and shall be so designed, located and used in consideration of the general welfare, safety, movement of air and passage of light.
(C) 
In residential areas, and residences adjacent to agricultural areas, the use of barbwire, or any sharp or pointed material as a fencing material or on the top of fences, is prohibited, except when specifically approved by the Board and by the Zoning Ordinance. The use of barbwire or other sharp or pointed material in areas of residences or of residential character, (whether zoned residential or not) is deemed to be a safety hazard and is prohibited.
(D) 
Agricultural fences which shall be subject to § 90.02, Wis. Stats.
(E) 
The use of electrically charged fences, as such, or on top of fences, or in conjunction with existing fences, is prohibited, except in agricultural areas for the retention of livestock. Any such fences shall be plainly labeled and no such fence shall be adjacent to a residential area without adequate safeguard measures and the approval of the Board and the Zoning Ordinance.
(F) 
Removal Authority. The Inspector or the Board may declare a fence to be so dilapidated or hazardous as to require its removal or repair, and in any such action, 10 days' written notice to remove or to repair shall be given by the Inspector or the Board, and if the same is not removed or repaired within a reasonable time after the notice to the owner or his agent, the Village may remove the same and charge the cost thereof to the owner. Fences in violation of this provision at the time of passage shall, upon repair, be repaired so as to be in compliance with the terms of this chapter.
(G) 
Swimming Pool Fences. See § ZN 3.09 of the Code of Ordinances.
(H) 
All fences shall be maintained in good repair in that said fence is structurally sound and plumb and does not have missing or have damaged structural components/fence panels. Furthermore, the fence surfaces shall be free of rust, corrosion, peeling, flaking or chipped paint.
(A) 
No person shall raze any building or structure without first obtaining a permit from the Inspector. Applications for such permits shall be on forms provided by the Inspector.
(B) 
A permit issued under this section shall be valid for a period of six months from the time in which the permit is issued.
(C) 
All applications for razing permits shall have a certificate from a licensed Master Plumber that all sanitary and water laterals have been disconnected and capped, and a certificate from a licensed Electrician that all electrical power has been disconnected and power lines removed from the building.
(D) 
Whenever a building or structure shall be razed, the foundation thereof, shall be leveled to at least two feet below grade and filled with non-combustible material, the top two feet of which must be soil, sand or gravel and shall be graded with a minimum of three inches of black dirt with seed and mulch or sod, as may be required, and left in a dust free, erosion free manner. Floor slabs shall be broken so as not to pool water.
(E) 
In the event that a permit holder shall default on any of the conditions of this section, the Inspector may, after 15 days' written notice to the applicant, do the required work to conform with this section, and levy a special assessment on the property for the cost thereof. Said assessment shall include all costs by the Village, including legal and administrative fees, whether the work is performed by Village employees or by contract.
(F) 
Razing By Order. The Inspector is hereby authorized to order the razing of dilapidated buildings as set forth in § 66.0413, Wis. Stats., and the Village of Somers Ordinances.
(A) 
No person shall move any building along, across or upon a public highway, or across the land of the owner of the building being moved, without first obtaining a moving permit, approved by the Board. Application for a moving permit shall be made to the Inspector, accompanied by the appropriate inspection fees.
(B) 
Every application and permit to move a building shall designate the route to be taken and limit the time for removal. Where required, application and approval shall first be obtained from the Wisconsin Department of Transportation, Kenosha County, and all utility companies.
(C) 
The applicant shall post a bond with the Inspector in the sum to be determined by the Board after consideration of the hazards present in moving such building, such as damage to roads, fences, shrubbery, trees, utility wires, signs and other obstructions. No bond shall be required for the moving of a building from one location to another on the same premises, but shall require a permit. The movement of buildings shall be done under such conditions as the Inspector deems appropriate for the protection and safety of persons and property.
(D) 
The Inspector shall refer the application and all files and documents in Inspector's files to the Board, along with the Inspector's determination as to whether or not the building is sufficiently sound to be moved and will comply with every aspect of the requirements of this Code. The Board may refer the application to the Village Plan Commission for review and recommendation.
(E) 
Prior to granting any permit to move a building into the Village, the Board shall be first satisfied that the proposed site is in all respects suitable and the building is in general conformity with the content of this code, the Zoning Ordinance, and is aesthetically compatible to the area in which is to be located.
(F) 
Other Requirements.
(1) 
The applicant shall file with the Inspector an insurance certificate covering liability for death, personal injury, or property damage in the amount of not less than $1,000,000 personal injury, and $500,000 property damage per occurrence. Applicant's insurance certificate shall name the Village as an additional insured. Mover shall further agree to indemnify and hold the Village, its officers, agents and employees harmless for any and all liability or causes of actions arising out of or connected with, any injury to persons or property resulting from movement of the building.
(2) 
The Board shall set the time for which the move must start, and once the move starts, it shall be continued without delay and within the time limits set forth by the Board in the moving permit.
(3) 
Any building moved on any public street shall not be allowed to remain overnight on any street crossing, intersection, pedestrian crossing or block access to any fire hydrant or public building. The Board shall require barricades, warning lights and such other devices to protect persons using public highways.
(4) 
Upon completion of the moving, the public streets and ways shall be inspected by the Public Works Director, and any damages caused by said movement shall be the responsibility of the permit holder, and shall be paid before release of the applicant's bond.
(A) 
No person shall place, or cause to be placed, any building materials, masonry materials, gravel, metal products or any machinery of any nature whatsoever, to be used, or capable of being used in the construction, repair, wrecking or razing of buildings upon any public street or public place, unless a permit shall be obtained from the Inspector.
(B) 
Application.
(1) 
Applications for street occupancy shall be filed with the Inspector and referred to and approved by the Board. Applications shall set forth in writing the location, construction, the nature of material, equipment and machinery connected with the work or operations to be carried on at the site.
(2) 
The application shall be accompanied with a Certificate of Insurance indicating liability of not less than $1,000,000 personal injury, and $500,000 property damage. The Insurance Certificate shall name the Village as an additional insured and the applicant shall agree to indemnify and hold the Village, its officers, agents and employees harmless from any and all liability arising out of or connected with any injury to persons or property relating to street occupancy.
(3) 
Applications shall be referred to the Board, who may increase the required insurance certificate and require a bond or Letter of Credit, in an amount to be determined by the Board, to insure that all materials and machinery will be removed from the site.
(4) 
Occupancy permits shall be granted for a reasonable period of time, as set by the Board, and shall not be extended or renewed without good cause. The Board shall also require that lanterns, flashers or other safety devices, such as barricades, shall be kept and maintained by the Applicant during the time of street occupancy.
(5) 
The Board shall deny application for any street occupancy where the use thereof would unreasonably interfere with public safety, or if there shall be any other area to store materials on the building site or adjacent properties.
(A) 
Permit Required. No person shall construct a new or modify or repair any existing driveway approach without first obtaining a permit from the Village.
(B) 
Definitions.
(1) 
DRIVEWAY APPROACH — That area adjacent to the public street or public right-of-way, which connects a private road or driveway to provide ingress and egress to the adjacent property.
(2) 
DRIVEWAY — That area under private ownership used for vehicle travel beyond the street or public right-of-way line.
(3) 
ENTRANCE — That point at which a driveway abuts the driveway approach.
(4) 
FLARE or APRON — That portion of a driveway approach which is wider at the street (or curb line) than at the entrance.
(5) 
DIRECTOR — The Director of the Department of Public Works.
(C) 
Permit Application. Application for a driveway approach shall be filed with the Inspector, who shall refer the application to Public Works for comment and recommendation. The application shall, in part, state the name of the Owner, location of the property, public streets or roadways adjacent to the property to be served by the driveway approach, together with a sketch indicating the approach or apron, property lines, location of intersection streets, utility poles, street signs or other obstructions to the view of street traffic.
(1) 
There shall be sufficient distance from a controlled intersection as to avoid interference with traffic approaching said intersection and no driveway approach shall be located at the terminal end of a marked or unmarked cross walk.
(2) 
Access to streets by driveway approaches located in residentially zoned districts shall be limited to one such approach for each lot in a platted subdivision or one such approach for unplatted lots or parcels of record as of date and publication of this Code. All other parcels of land, in a residentially zoned district shall be limited to one such approach for each 80 feet of frontage.
(3) 
No entrance shall be closer than five feet to the abutting property line, except that where adjacent property owners have a joint driveway approach, the applicant for a permit to serve an adjoining driveway shall be signed by both property owners, and shall comply with the following specification.
(D) 
Paving. All driveway approaches shall be paved with asphalt or with any other road material compatible with the street or public right-of-way. Commercial driveway approaches shall be paved with asphalt with a base sufficient to carry heavy traffic. Specifications for construction of commercial approaches shall be determined by the Director. NO DRIVEWAY APPROACH SHALL BE CONSTRUCTED WITH CONCRETE.
(E) 
Maximum and Minimum Specifications for Driveway Approaches.
Type
Specification
RESIDENTIAL
Maximum permitted entrance
24 feet
Minimum width at entrance
8 feet
Maximum flare or apron
2.5 feet
WHERE CURB CUTS ARE REQUIRED
Maximum cuts shall not exceed
25 feet
Minimum cut shall not be less than
13 feet
COMMERCIAL PROPERTY APPROACHES
Driveway approaches for commercial properties shall comply with all regulations and conditions set forth for residential approaches with the following minimum/maximum specification.
Maximum permitted entrance
35 feet
Minimum permitted
18 feet
Permitted Flare or apron
5 feet
WHERE CURB CUTS ARE REQUIRED
Maximum
40 feet
Minimum
28 feet
(F) 
Culverts. If the driveway approach requires culverts, Chapter 8 of the these Ordinances shall apply to any driveway approach construction.
(G) 
Inspections. No construction of a driveway approach shall be commenced until the Department of Public Works has inspected the site, approved the location and the covering or paving materials to be used. No driveway shall be used until a final inspection has been made and all construction, including culverts, has been approved.
(H) 
Owner Maintenance. The property owner shall keep and maintain a driveway approach in good and safe condition and shall be responsible for, and assume all liability, for any damage, loss or injury to any person or property resulting from the construction or maintenance of the driveway approach, including any costs the Village shall incur for any damage to equipment or the public street.
(I) 
Owner's Expense. All work done relative to any driveway approach shall be at the owner's expense, including any costs incurred by the Village for work the Village is required to do to repair the street or maintain a driveway approach in a safe condition.
(A) 
Every person who shall be granted a permit under this Code, shall be responsible for any damage to any street or public way which shall be caused by, or result from, the movement and transport of any building materials, machinery or equipment into or out of the building site, and shall be responsible for the removal of any debris, mud, dirt, gravel or other materials which shall be spilled or deposited on any street or public way, and shall cause the same to be removed on each day of construction, and leave the street in a clean and hazardous-free condition.
(B) 
In the event that the clean-up and removal shall be refused or neglected, the Village may, without notice, cause the street to be cleaned, debris removed and deposited in the appropriate landfill or waste site. The Village's entire cost for such removal, shall be charged against the holder of the permit.
(A) 
Purpose. The purpose of this ordinance is to regulate the filling of lands within the Village of Somers so as to identify at an early stage proposed landfill activities that may adversely affect the properties of others or change the grade of land and the flow of surface water so as to potentially adversely affect adjoining areas or be a source of pollution to surface water. In this regard, the Village seeks to promote the wise use, conservation, protection and development of the soil, water, wetland, woodland and wildlife resources within the Village and to achieve an appropriate relationship between land use of all property owners and the supporting and sustaining natural resource base.
(B) 
Landfill Permits. No person, firm, partnership or corporation, whether an owner of real property or an occupant thereof, or any person on behalf of another, shall place any fill material on any land, either public or private within the Village of Somers, without first obtaining a permit if either of the following two conditions are present:
(1) 
The amount of fill to be placed upon such property exceeds 10 cubic yards in the aggregate. For purposes of calculation of the amount of fill to be placed on the subject property, the period of time over which such fill is placed on the property shall be the period of 365 days immediately preceding and 365 days immediately following the date upon which the person intending to place the fill upon the property either has or intends to locate such fill on the property.
(2) 
If the intended location on the subject property has or would fill in any low lying lands, ditches, waterways, water courses, drainways, marshes or wetlands, irrespective of the amount of fill to be placed on the subject property.
(C) 
Permit Applications.
(1) 
Pre-Application Conference. Prior to the completion of an application for the approval of a filling permit, the person seeking to place fill on the subject property, or that person's representative, shall meet and consult with the Building Inspector. This consultation is intended to inform the person seeking to place fill on the subject premises (or that person's representative) of the purposes, objectives, and requirements of this ordinance and to identify at the earliest possible time any significant policy issues, problems or potentially adverse impacts that will need to be addressed in the planning and approval process and to otherwise assist the applicant. If the Building Inspector determines at the preapplication conference that no detailed site plan of existing conditions as detailed in subparagraph (2) below, needs be completed, then upon submission of a completed application for landfill permit on forms provided by the Village and payment of the fee therefore the applicant shall be granted a fill permit, subject to such conditions as may be contained thereon in the opinion of the Building Inspector. Otherwise, the applicant shall proceed to provide to the Building Inspector the information required for an application for permit as contained in subparagraph (2) immediately below.
(2) 
Application. Application for such permit accompanied by the permit fee shall be made to the Building Inspector on forms provided for such purpose shall contain the following information:
(a) 
Site plan of existing conditions which shall be a map, drawn by the Wisconsin Registered Land Surveyor or a Wisconsin Professional Engineer, of the existing site conditions at a scale of at least one inch equals 30 feet showing the site and immediate adjacent areas, including but not limited to:
(i) 
Property site boundaries and adjacent lands which accurately identify the site location, a graphic scale and north arrow;
(ii) 
Property owner and contractor's name, address and telephone number;
(iii) 
Existing and proposed road right-of-way lines and road names on site and adjacent to the site;
(iv) 
Location of lakes, streams, wetlands, shorelands, 100-year floodplain, channels, ditches and other water courses on and immediately adjacent to the site, where applicable;
(v) 
General location of vegetative cover proposed to remain and not be disturbed;
(vi) 
Location and dimensions of stormwater drainage systems and/or direction of natural drainage patterns on and immediately adjacent to the site;
(vii) 
Locations and dimension of utilities, structures, roads, highways and paving. Existing and proposed elevations at the property comers and at all corners of the proposed structure(s), and bench mark elevation;
(viii) 
Existing and proposed elevations every 25 feet along each property line and the location of each point shall be dimensioned along the property line;
(ix) 
Existing and proposed elevation of the highpoint(s) and direction of the drainage with spot elevations at a minimum of 50 feet apart along the proposed drainage routes, and these points shall be dimensioned as measured from the property line. Locations and dimensions of all temporary soil or dirt piles;
(x) 
Locations and dimension of all construction site control measures, such as silt filter fences, hay bales or sedimentation basins necessary to meet the requirements of this Ordinance;
(xi) 
Location of construction entrances (graveled driveway).
(3) 
Permit Limitations. No permit issued under this Ordinance shall be valid for more than six months from the date of issue except that said permit may be extended for good cause shown to the Board.
(4) 
Wisconsin Statutes Adopted. Section 88.90(1)(2), Wis. Stats., of the State of Wisconsin relating to Natural Water Courses is hereby adopted by reference as if set forth in full.
(5) 
Fill Content. All fill materials for any land filling operation shall be confined and restricted to not more than 25% aggregate concrete or road fill and 75% clean earth fill. The use of bituminous asphalt or petroleum based products or organic debris in any fill is prohibited.
(6) 
Exceptions. This ordinance shall not apply to any lands within the Village Shoreland and Floodplain Ordinance or to the spreading of top soil on residential property for lawn and garden purposes.
(7) 
Fee. The fee for a land filling permit shall be $25 and shall be paid to the Clerk/Treasurer at the time an application is filed.
(8) 
Penalties. Any person who shall violate this section shall upon conviction be subject to penalties in § 25.04 of the Municipal Code of the Village of Somers.
(A) 
Any person aggrieved by any decision of the Inspector, except matters which arise out of the State Uniform Dwelling and Building Codes, shall address the Board, who shall act as a Board of Appeals.
(B) 
An appeal to the Board shall be filed with the Village Clerk/Treasurer within 15 days of the Inspector's final decision or determination. Such appeals shall be in writing, setting forth in detail, the matter upon which the appeal is based.
(C) 
The Inspector shall forward all documents and papers to the Board.
(D) 
The Village President shall schedule a public hearing before the Board, within 30 days of the date of the appeal. The Inspector shall be required to appear at said hearing.
(E) 
After all parties have been heard, the Board shall make its decision and may affirm, modify or reverse, in whole or in part, the Inspector's decision. Further appeal by the applicant shall be to Circuit Court within 15 days of the Board's decision. The Board's decision shall be in writing.
This Code shall not be construed as assumption of any liability by the Village, its officers, agents or employees for damages to persons or property resulting from, or connected with any defect in any building, building design, equipment or materials.
(A) 
If any section, clause or any part of this Code, including those matters adopted from the Wisconsin Administrative Code, or any other State law, rules or regulations, shall be judged unconstitutional, or invalid by any Court of Law, the remaining provision of this ordinance shall remain in full force and effect.
(A) 
Definitions.
(1) 
Deck. Any structure which serves as a raised horizontal platform on floor constructed of wood or other materials, without enclosing walls or roof.
(2) 
Attached Deck. Any deck which is physically connected to the principle building or accessory building.
(3) 
Detached Deck. Any deck which is not physically attached to the principle building or accessory structure.
(B) 
Soil and Excavation Requirements for Deck Piers or Foundations.
(1) 
No pier shall be placed on soil with a bearing capacity of less than 2,000 pounds per square foot unless the pad support is designed through structural analysis.
(2) 
All organic material (roots, etc.) shall be cut off at the sidewalks of the borings or trench. All organic and loose material just be removed from the cavity area prior to pouring concrete.
(C) 
Decks, Piers, Pads and Foundations.
(1) 
General footings, pads or piers shall be of adequate bearing area to safely distribute all live and dead loads to the supporting soil without exceeding the bearing capacity of the soil.
(2) 
Type and size of concrete pads, piers or foundations.
(a) 
Decks attached to principal buildings.
(i) 
Concrete Pads. The minimum depth of a pad shall 48 inches below grade. The minimum dimensions of this pad shall be four inches in thickness and eight inches in diameter.
(ii) 
Piers. The minimum depth of concrete piers shall be 48 inches below grade. The minimum dimension of this pier shall be eight inches in diameter. (The concrete pier(s) shall extend a minimum of six inches above grade unless an approval mounting bracket is secured at the top surface of the pier(s).
(iii) 
Direct burial wood posts shall be placed on a minimum two inch nominal thickness treated plat or other approved materials at a uniform depth below grade. Posts shall be treated to the requirements of the American Wood Preserver's Association (AWPA) standards C2 and C15 for direct soil contact four inches below grade. Bottom of post shall be a minimum of four feet below established grade.
(D) 
Framing.
(1) 
General Requirements.
(a) 
Materials. All wood framing used in deck construction shall be pressure treated against decay or shall be a species of wood that is naturally decay resistant or shall be protected from weather.
(b) 
Design Loading. Decks shall be designed for a minimum of a 40 pound per square foot loading.
(c) 
See fastener schedule for nailing requirements.
(2) 
Column Posts.
(a) 
Column Spacing. Column posts shall be spaced per "Table No. 2".
(b) 
Column Size.
(i) 
All column posts not exceeding six feet in height shall be a minimum of four inches by four inches nominal thickness.
(ii) 
All column posts exceeding six feet in height shall be a minimum of six inches by six inches nominal thickness.
(c) 
Lateral Support. Column posts shall be constructed in such a manner or mechanically attached to the deck foundation to resist lateral movement.
(3) 
Beams.
(a) 
Beam Size. All beams shall be sized per "Table No. 2"
(i) 
Beams, except as otherwise noted in Table No. 2", shall be a minimum of two, two-inch thick members or one, four-inch thick member. (i.e. 2 - 2 x 8 or 1 - 4 x 8).
(ii) 
Beams may be spaced on each side of the post provided that block is installed a minimum of 24 inches on center between posts.
(b) 
Bearing. Beams bearing directly on the posts shall be attached by means of approved metal anchors or other approved methods.
(c) 
Ledger Boards. Ledger boards attached directly to the house or other structure may be used to replace a beam or beams. A single member of equal depth to the required size beam shall be used. The ledger board shall be attached with bolts, lag bolts or nails, spaced no less than 16 inches on center, secured directly into the building structure. Flashing shall be installed between the ledger and building structure.
(d) 
Beams shall not be cantilevered more than 12 inches past the column post.
(4) 
Joists.
(a) 
Joist Size. All deck joists shall be sized and spaced per "Table 2".
(b) 
Bearing. Deck joists shall bear a minimum of 1 1/2 inches on the beam or ledger board. Joists fastened to the face of the beam or ledger shall be attached with approved metal hangers.
(c) 
Bridging. Bridging shall be provided at intervals not exceeding eight feet.
(d) 
Overhanging of Joists. Joists which are at right angles to the supporting beam shall not be cantilevered more than two feet past the supporting beam, unless designed by structural analysis.
(5) 
Decking.
(a) 
Material. All decking material shall be a minimum of 1 1/4 inches thick, nominal thickness. One inch decking may be used provided that the joists are spaced no more than 16 inches o.c.
(b) 
Decking Orientation.
(i) 
Decking shall be installed diagonally or at right angles to the joists.
(ii) 
Decking shall be centered over joists with cuts made parallel to joists. Not more than two adjacent boards may break joints on the same joist except at ends and at openings.
(6) 
Guardrails and handrails.
(a) 
Guardrails. All decks which are more than 24 inches above grade shall be protected with guardrails.
(b) 
Handrails. Every stairway of more than three risers shall be provided with at least one handrail. Handrails shall be provided on the open sides of stairways.
(c) 
Guardrails and Handrail Detail.
(i) 
Height. Handrails shall be located at least 30 inches, but not more than 34 inches above the nosing of the treads. Guardrails shall be located at least 36 inches above the surface of the deck.
(ii) 
Open Railings. Open guardrails or handrails shall be provided with intermediate rails or an ornamental pattern to prevent the passage of a sphere with a diameter greater than six inches.
(iii) 
Railing Loads. Handrails and guardrails shall be designed and constructed to withstand a 200 pound load applied in any direction.
(7) 
Stairway, Treads and Risers.
(a) 
Risers. Risers shall not exceed eight inches in height measured from tread to tread.
(b) 
Treads. Treads shall be at least nine inches wide, measured horizontally from nose to nose.
(c) 
Variation. There shall be no variation in uniformity exceed 3/16 inch in width of a tread or in the height of risers.
(d) 
Stair stringers shall be supported in accordance to the same manner as used for the deck.
(8) 
Alternative provisions and methods.
(a) 
Wood Decks. Wood decks attached to the dwelling may be constructed to the Uniform Dwelling Code standards listed below.
[Amended 7-13-2021 by Ord. No. 2021-015]
(i) 
Excavation requirements of § SPS 321.14, Wis. Adm. Code.
(ii) 
Footing requirements of § SPS 321.15, Wis. Adm. Code.
(iii) 
Frost penetrations requirements of § SPS 321.16, Wis. Adm. Code.
(iv) 
Load requirements of § SPS 321.02, Wis. Adm. Code.
(v) 
Stair, handrail and guardrail requirements of § SPS 321.04, Wis. Adm. Code.
(vi) 
Decay protection requirements of § SPS 321.10, Wis. Adm. Code.
(b) 
New materials and methods shall comply with all other requirements of this building code.
(c) 
Detached decks must:
(i) 
Concrete pads shall be provided at a uniform depth below grade with all loose or organic material removed from the pad area prior to replacement of concrete. The pad shall have a minimum thickness of four inches and eight inches in diameter.
(ii) 
Piers. A minimum of eight inches diameter concrete piers shall be at a uniform depth below grade.
(iii) 
Direct burial wood posts shall be placed on a minimum two inch nominal pressure treated plate or other approved materials at a uniform depth below grade.
Posts shall be treated to a uniform depth below grade. Posts shall be treated to CCA.40 for direct soil contact.
(iv) 
Ground contact framing shall be allowed for decks which are less than 24 inches above ground. All materials in direct contact with the soil shall be treated to the requirements of the American Wood Preservers' Association (AWPA) Standards C2 and C15.
(A) 
Purpose. The land forms and landscape will be preserved in their natural state, insofar as practicable, by minimizing soil and tree removal that is not essential to project development and by retaining grades and contours in keeping with the general appearance of neighboring developed areas. No berm shall be constructed which results in a rate of storm and surface water runoff from the parcel upon which the berm is constructed, either during construction or after completion of the construction of the berm, which is greater than the rate of runoff therefrom onto adjoining parcels which existed prior to the commencement of construction of the berm.
(B) 
Definition. For purposes of this ordinance, any grading, regrading, deposit or other accumulation of earth or dirt which raises the elevation of existing topography 18 inches or more for the purpose of or which has the effect of acting as a barrier, screen or vision shield, with or without the addition of vegetation planted thereon, shall be considered a berm.
(C) 
Berm Construction. No owner, lessee, occupier of land, contractor or any agent or representative of any of the foregoing shall construct a berm without first obtaining plan review and approval by the Village Board. The Board may impose such conditions or requirements as are consistent with these ordinances in issuing a permit for the construction of a berm. No berm shall be constructed which exceeds six feet in height. For purposes of this sub-paragraph, the berm shall be measured from the toe to the top, taking existing topography into consideration. Prior to commencement of construction, the applicant or his agent or representative shall provide topographic elevations demonstrating existing topography. The burden of demonstrating pre-construction topographic elevations shall be on the party seeking to construct the berm. In no case shall the toe of a berm be located closer than five feet to any property line and in every case the berm shall be designed and shall operate such that storm and surface water shall be retained on the berm parcel to the extent necessary to assure that the rate of storm and surface water runoff from such real estate, both during construction and after completion of construction of the berm, shall not be greater than the rate of runoff therefrom onto adjoining parcels which existed prior to commencement of berm construction. The party seeking construction of the berm shall comply with all relevant provisions of the design standards contained in § 18.27 of these ordinances.
No person shall use or permit the use of any building or premises or part thereof for any manufacturing, commercial or business purposes whenever such building has been erected, altered, changed, converted wholly or in part to a different use or where the premises or any portion thereof has become vacant or there has become a change of occupants until an occupancy permit shall have been obtained from the Building Inspector.
(A) 
Ceiling Height. All habitable rooms, kitchens, hallways, bathrooms and corridors shall have a ceiling height of at least seven feet. Habitable rooms may have ceiling heights of less than seven feet provided at least 50% of the room's floor area has a ceiling height of at least seven feet.
(B) 
Ceiling Height (Exception). All residential dwellings built prior to January 1, 1980, shall have a ceiling height of at least six feet and four inches for 50% of the area. Stairway, headroom, beams and girders or other projections shall not be less than six feet.
(A) 
Air Conditioning. All air conditioning units shall have a minimum fifteen-foot set back from all property lines. Air conditioning units shall not be installed in front yard(s). This also includes any street frontage.
(B) 
Air Conditioning (Exceptions). Air conditioning units that had permits, may be replaced within the fifteen-foot set back, provided they are not installed on street frontage.
(A) 
Application for permit shall include a statement of the existing defects, and an analysis of the cause of those existing defects to ensure that all conditions responsible for foundation defects are corrected.
(B) 
Plans and/or specifications must be submitted for approval prior to issuance of a permit.
(C) 
General Foundation Requirements.
(1) 
Walls that are not plumb may be reinforced if supported by engineering data showing benefit of the reinforcing.
(a) 
When repairing any portion of a wall that is not near as plumb as possible that portion must be excavated.
(b) 
When the affected repair includes porches or stoops, frost depth to the uniform code requirement must be met.
(2) 
The excavated wall must be cleaned, loose parging removed, cracks and parging must be repaired with Type M mortar or equal, and walls made plumb and dampproofed with one coat of bituminous material or other approved materials.
(3) 
If drain tile is not present in the affected area, a drain tile system must be installed and terminated in a newly installed sump with pump or in a properly functioning existing drain collection system provided that it does not discharge to the sanitary sewer.
(4) 
Prior to backfill, an inspection is required by the department after which backfill with number one washed stone shall be provided to within 18 inches of final grade.
(5) 
Final grade must ensure drainage away from the foundation.
(6) 
Pilasters must be made integral with the exterior wall and reinforced with at least two number three rods and filled with 3,000 PSI cement grout material. Pilasters must be a maximum of four feet apart.
(7) 
Any other form of reinforcing will require engineered data to be submitted at the time of permit application to include complete system analysis.
(8) 
Affected walls to be repaired shall have loose or cracked mortar joints cleaned to a minimum depth of 1/2 inch and tuckpointed with Type M mortar or equal.
(9) 
When installing weep holes in foundation walls, care must be taken to provide adequate drainage from weep holes to drain tile by either stone or mechanical means. No more than one mechanically drilled weep hole is permitted per cell. When the floor is replaced, a minimum of three inches of concrete shall be placed over the drain tile and a minimum of two inches of concrete over the footing. Lateral support must be maintained at the floor level. An exception to match the existing concrete floor level is allowed.
(10) 
Drain tile placed under the basement floor shall be of the approved type not less than three inches in diameter and shall be covered with number one washed stone connected to a proper sump with pump or an exiting city storm water system. All exposed bleeders must be open. The sump put must discharge to grade or be equipped with a pump to discharge water away from the dwelling.
Temporary signs shall be approved by the Building Inspector. A permit for temporary signs is required and shall be issued after payment of the required permit fee. The permit shall be good for two years and the Village shall have the option to request removal of the sign or grant a renewal with an additional permit fee being paid.
(A) 
Alternate Materials. No provision in this Code is intended to prohibit or prevent the use of any alternate material or method of construction not specifically mentioned in this Code. Approval of alternate materials or methods of construction shall be obtained from the municipality having jurisdiction. Request for approval shall be accompanied by evidence showing that the alternate material or method of construction performs in a manner equal to the material or method required by the Code. The municipality having jurisdiction may require any claims made regarding the equivalent performance of alternate materials or method to be substantiated by test.
The Village may require that the materials, methods, systems, components or equipment be tested to determine the suitability for the intended use. The Village will accept results conducted by a recognized independent testing agency. The cost of testing shall be borne by the person requesting the approval.
(A) 
The test method used to determine the performance shall be one that is a nationally recognized standard.
(B) 
If no nationally recognized standard exists, past performance or recognized engineering analysis may be used to determine suitability.
(C) 
Ungraded or used building materials may be used or reused as long as the material possesses the essential properties necessary to achieve the level of performance required by the Code for the intended use. The Village may require tests in accordance with this section.
[Added 10-22-2024 by Ord. No. 2024-010]
The uniform location of address numbering serves the health, safety, and welfare of the residents of the village by providing an efficient means for locating properties in the event of a necessary sheriff, fire, or other emergency response, as well as serving the interests of the traveling public at large.
(A) 
Single- and Two-Family Buildings. All single-family and two-family residential buildings shall have street numbers, not less than 2 1/2 inches high, placed on the exterior wall of the principal building that faces the street, road or service drive providing access to the building.
(B) 
Multi-family Buildings. All multi-family buildings shall have street numbers, not less than 2 1/2 inches high, placed on the exterior wall of the principal building that faces the street, service drive or parking lot and located adjacent to the individual unit entrances to the buildings. In addition, each building shall be identified by a letter or number, not less than 12 inches high, and located near the top of the building wall facing the street, service drive or parking lot serving the building. At the entrance of each access drive, there shall be a directory listing of the street numbers and building identifications that are accessible from the access drive.
(C) 
Commercial and Industrial Buildings. All commercial or industrial buildings shall have street numbers, not less than six inches high, placed on the exterior wall of the principal building facing the street, service drive or parking lot providing access to that building and located adjacent to any primary entrance door. All commercial or industrial structures, which have a rear service door, shall identify the occupant and the street address conspicuously on the rear door in contrasting and reflective letters and numbers not less than six inches in height, which shall be continually maintained.
(D) 
Requirements. All street number signs shall be readily visible from the street, road or service drive, use Arabic numerals, have a contrasting background from the numerals and if possible be reflective.
(E) 
Exception. For those buildings that are not readily visible from the street; the number of the building shall be conspicuously displayed behind the sidewalk, near the driveway or common entrance to the building or upon a gate, post or other appropriate place so as to be easily discernible from the street from any direction, but so as not to obstruct the vision of motor vehicle operators, or on both sides of the mailbox, with numerals of the proper size as required for visible buildings as provided in this section. The number shall be located in such a place as to not be obstructed by vegetation or accumulated snow.
(F) 
Correcting existing numbers. The owner of any building, which is not numbered or is incorrectly numbered, shall cause the Building to be numbered, or renumbered, as the case may be, not later than 30 days from the receipt of notice from the building inspector and shall thereafter maintain the Building number in compliance with this section.
(G) 
Enforcement. The Village of Somers Building Inspection and Fire Department shall have the authority to enforce compliance with the provision of this section.
It shall be unlawful for any person to erect, use, occupy or maintain any building or structure in violation of any provisions of this Code, or to cause, permit or suffer any such violations to be committed. Any person violating any of the provisions of this Code shall be subject to the penalty provisions as set forth in § 14.36, below. It shall be the responsibility of the offender to abate the violation as expeditiously as possible and each day that such violation is permitted to continue shall constitute a separate offense. If, in any action, a permit was issued, it shall not constitute a defense nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense.
(A) 
Any person, either as owner, agent, occupant, contractor or employee, who shall be convicted of any section of this Chapter or of any permit issued hereunder, shall upon conviction, forfeit not less than $100 nor more than $500 for the first violation, and not less than $200 nor more than $500 for the second violation under the same permit, together with the costs of prosecution.
(B) 
Each day of continued violation shall be a separate and specific violation of this Chapter.
(C) 
In default of any judgment rendered herein, the Defendant may be confined in the County Jail of Kenosha County for a period of not less than 10 days nor more than 30 days for each violation.
(D) 
Bond - Citations issued for any violation of this Code shall carry a bond of $150, plus Court costs, penalty and assessment fees.