[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.
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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.
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(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.
(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.
(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:
(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:
(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.
(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.
(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.
[Amended 7-26-2023 by Ord. No. 2023-024]
(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.
Attached hereto as Schedule "A" is a schedule of fees which
shall be updated from time to time as approved by Village Administration
and made part of this § 14.24.
(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)
(3)
Beams.
(a)
Beam Size. All beams shall be sized per "Table No. 2"
(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.
(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.
(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.
All materials shall be identified by the approved label, the
grade mark, the trade mark or by other approved manufacturer's identification.
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.
