[Code 1967, § 30.003(d); Code 1997, § 14-141; Ord. No. 95-351, 6-1-1995; Ord. No. 01-483, 8-1-2001; Ord. No. 05-535, 6-2-2005; Ord. No. 07-556, 3-1-2007; Ord. No. 08-576, 1-3-2008; Ord. No. 08-586, 7-10-2008; Ord. No. 11-625, 9-8-2011; Ord. No. 14-650, 10-9-2014; Ord. No. 22-736, 7-21-2022; amended 12-14-2023 by Ord. No. 23-749]
(a) 
As used in this section, the term "Uniform Dwelling Code" shall mean § ILHR 22.25, Wis. Adm. Code,[1] as adopted by the State of Wisconsin.
[1]
Editor's Note: Former Ch. ILHR 22was repealed and recreated to be Ch. Comm 22, January 1999, No. 517, effective 2-1-1999, and renumbered as Ch. SPS 322 December 2011, No. 672.
(b) 
No one- or two-family dwelling may be built, enlarged, altered, or repaired unless a building permit for the work is first obtained by the owner or the owner's agent from the Building Inspector after approval of the Architectural Review Committee. Razing and demolition projects shall require a razing permit from the Building Inspector but shall not require the approval of the Architectural Review Committee. Application for a building permit shall be made, in writing, upon a Village of Bayside building permit application form or via the Village's authorized online portal. A final building permit must be issued and the permitted work commenced within six months of the date of approval by the Architectural Review Committee, unless the Building Inspector grants an extension. Failure to secure issuance of the building permit or to commence work within six months or the extension specified by the Building Inspector shall nullify the approval of the Architectural Review Committee and require an entirely new application and Architectural Review Committee approval for any work requiring a permit.
(c) 
No addition to, alteration or repair of an existing one-family or two-family dwelling may be undertaken unless a building permit for the work is first obtained by the owner or agent from the Building Inspector after approval of the Architectural Review Committee or unless the work is deemed minor repair or a razing or demolition project by the Building Inspector. In this subsection, the term "minor repair" means repair performed for maintenance or replacement purposes on any existing one-family or two-family dwelling that does not affect exterior aesthetic appearance and that does not increase a given occupancy and use. Window replacement and door replacement projects shall not be considered to affect the exterior appearance of a structure and are considered to be a minor repair, as long as the location of the opening does not change and the size of the opening does not exceed 25% of the original. Reroofing of any one- or two-family dwelling in excess of 200 square feet requires a building permit. Only when such reroofing, as determined by the Village Manager, results in a substantial change in color or style is architectural review committee approval necessary. Painting or residing a one- or two-family dwelling is considered a minor repair under this section and does not require any permit or approval.
(d) 
The applicant shall submit two sets of plans and a survey for all new, or repairs or additions to existing, one- and two-family dwellings at the time the building permit application is filed.
(e) 
If the Building Inspector finds that the proposed building, repair, or addition complies with all Village ordinances and the Uniform Dwelling Code, he shall approve the application and issue a building permit to the applicant. A copy of any issued building permit shall be kept on file with the Building Inspector. The building permit shall become void 180 days from date of issuance unless commencement of construction has begun, and construction has continued without interruption within 180 days. The Architectural Review Committee shall have the authority to establish a required commencement date more than 180 days at the time it approves the issuance of the building permit.
(f) 
No application for a building permit shall be accepted by the Building Inspector unless the applicant certifies, in writing, that the proposed construction will not result in the need for Milwaukee Metropolitan Sewerage District ("district") permission under its Rule 7.13, as amended (establishing a new sewer connection or increased use of a connection). Upon request of the applicant, the Village shall request such permission from the district within 60 days. The Village shall have no obligation to undertake any work with regard to its sewers to facilitate the issuance of such permission. The applicant may agree to cover the costs of any work with regard to Village sewers, which work is required for such permission, in which case the Village shall require advanced payment, deposit, or financial assurance to ensure that the necessary work is completed at the applicant's expense.
(g) 
No new impervious surface of more than 150 square feet may be installed (at once or incrementally in less than 10 years) unless an impervious surface permit for the work is first obtained by the owner or agent of the owner. The cost of such permit shall be as determined by the Village Board from time to time.
[Code 1967, § 30.001(3); Code 1997, § 14-143; Ord. No. 01-483, 8-1-2001]
No building permit for any structure for which a building permit is required shall be issued by the building inspector unless it has been found as a fact by the architectural review committee, by at least a majority vote, after an examination of the application papers for a building permit, which shall comply with requirements of this article, that the exterior architectural appeal, functional plan, position on lot, and grade level of the proposed structure shall, when erected, substantially conform to, but shall not be so similar to, the exterior architectural appeal, functional plan, position on lot, and grade level of the structures already constructed or in the course of construction in the immediate neighborhood, or, if no structures are in the immediate neighborhood, shall conform to the character of the applicable district as established by the general zoning ordinance of the village, or any ordinance amendatory or supplementary thereto, so as to preserve the property values in the neighborhood.
[Code 1967, § 30.001(4); Code 1997, § 14-144; Ord. No. 01-483, 8-1-2001; Ord. No. 07-557, 3-1-2007]
(a) 
It shall be the duty of the clerk or clerk designee, upon receipt of an application for a building permit, to inform the owner of the property or representative agent making the application of the documents required for consideration by the building inspector. The building inspector shall verify compliance with this Code prior to the architectural review committee's consideration of the permit request. All documents must be submitted two weeks prior to the date that the permit is to be considered by the architectural review committee. The administrative fee for architectural review committee review shall be paid prior to the item being placed on the agenda. After review, the architectural review committee shall, in writing, make the findings required by section 104-99 and file such findings in the office of the village clerk.
(b) 
It shall be the duty of the secretary of the architectural review committee immediately upon the filing of the findings of the architectural review committee to furnish to the applicant for a building permit a copy of such findings of the architectural review committee. It shall also be the duty of the secretary of the architectural review committee to furnish promptly to the building inspector and to any interested party a copy of such findings of the architectural review committee.
[Code 1967, § 30.001(5); Code 1997, § 14-145; Ord. No. 01-483, 8-1-2001]
(a) 
If the architectural review committee shall refuse to authorize the issuance of a building permit within the time required by this article, the applicant shall have the right to appeal to the board of appeals of the village by filing a notice of appeal in writing with the village clerk in conformity with the rules adopted by the board of appeals of the village. Such notice of appeal shall be filed within the time prescribed by the board of appeals of the village but in no event later than ten days from the date of the filing of the findings of fact with the village clerk. In computing the time, the date of the filing of the findings of fact with the village clerk is to be excluded, and the date of the filing of the notice of appeal is to be included.
(b) 
If the architectural review committee shall authorize the issuance of a building permit, the building inspector shall not issue such building permit until the expiration of two calendar days after the date of the filing of the findings of the architectural review committee with the village clerk, such time to be computed by excluding the day of filing and including the second day following the filing. During such two-day period, any party affected by the issuance of a building permit shall have the right to appeal to the board of appeals by filing a notice of appeal in the manner required for an appeal by an applicant for building permit.
(c) 
Upon appeal to the board of appeals, the findings of fact of the architectural review committee in conformity with section 104-99 shall be conclusive if supported by credible evidence.
[Code 1967, § 30.001(7); Code 1997, § 14-146]
No building permit shall be issued unless the applicant certifies, if the excavation for basement for the building for which the permit is sought has not been commenced, that a culvert will, prior to commencement of the excavation, be installed under a driveway leading from the public highway to the lot, or, if the basement excavation has been started, unless the building inspector shall be satisfied that the drainage ditches adjacent to the premises are free and open for the flow of stormwater and other surface water drainage, and that a culvert will be installed under a driveway leading from the public highway to the lot in accordance with the ordinances of the village in such case made and provided. The building inspector shall refuse the issuance of a building permit unless he is satisfied as hereinabove mentioned and shall cancel any building permit in the event of the failure to install the culvert as required by this article or the drainage ditches cease to remain free and open.
[Code 1967, § 30.001(8); Code 1997, § 14-147]
The application form for a building permit shall contain an express authorization to the village, its officers, agents and employees, to enter upon the premises for which a building permit is sought to inspect and to fill up any excavation, or tear down, remove or enclose any unfinished structure in the event of cessation of the building program, whenever the building inspector shall determine that such premises are dangerous to members of the public, including children, even though trespassing. The application form shall also contain a waiver of all statutory notices and consent to the determination and levy by the village board and the placing upon the tax roll of a special assessment in the amount of the cost to the village, including customary village overhead charges, of filling up any such excavation or tearing down, removing or enclosing any such unfinished structure.
[Code 1967, § 30.001(10); Code 1997, § 14-149]
It shall be the duty of all police officers to report at once to the building inspector any buildings at which building operations are being carried out without a building permit as required by this article.
[Code 1997, § 14-150; Ord. No. 03-515, 4-3-2003]
(a) 
General. Except as otherwise provided, no person or organization shall maintain, own, erect or construct any building or structure which is used for commercial, multifamily, or institutional use or any part thereof or cause the same to be done which fails to support adequate radio coverage to public safety service workers, including, but not limited to, firefighters and police officers. For purposes of this section, adequate radio coverage shall include all of the following:
(1) 
A minimum signal strength of -101 dBm available in 95 percent of the area of each floor of the building when transmitted from the public safety radio communications system.
(2) 
A minimum signal strength of -101 dBm received at the public safety radio communications system when transmitted from 95 percent of the area of each floor of the building, via portable radio with public safety microphone.
(3) 
Channel performance criterion (CPC): CPC is the minimum performance level in a faded channel, per TSB-88, clause 4.2. TSB-88 is a "Telecommunications Systems Bulletin" published by the TIA, Telecommunications Industry Association.
(4) 
The performance level is rated using "delivered audio quality." Industry standard DAQ definitions are shown in Table 1. DAQ level 3 is commonly specified as the minimum performance level for public safety systems.
Table 1. Delivered Audio Quality Definitions
DAQ—Delivered Audio Quality
Subjective Performance Description
1
Unusable, speech present but unreadable.
2
Understandable with considerable effort. Frequent repetition due to noise/distortion.
3
Speech understandable with slight effort. Occasional repetition required due to noise/distortion.
3.5
Speech understandable with repetition only rarely required. Some noise/distortion.
4
Speech easily understood. Occasional noise/distortion.
4.5
Speech easily understood. Infrequent noise/distortion.
5
Speech easily understood.
(5) 
The frequency range which must be supported shall be 866.000 to 869.000 MHz from the trunked system communications base stations, and 821 to 824 MHz to the public safety radio communications base stations.
(b) 
Testing procedures.
(1) 
Initial tests. Initial tests will be performed by public safety employees or their designees. A certificate of occupancy shall not be issued to any structure if the building fails to comply with this section.
(2) 
Annual tests. Annual tests will be conducted by the fire or police department in conjunction with inspection procedures.
(c) 
Amplification systems allowed.
(1) 
Buildings and structures which cannot independently support the required level of radio coverage shall be equipped with any of the following in order to achieve the required adequate radio coverage: a radiating cable system or an internal multiple antenna system with or without FCC type-accepted signal booster amplifiers as needed. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and/or generator system for a period of at least 12 hours without external power input. Any battery system employed shall automatically recharge in the presence of an external power input.
(2) 
The installation of equipment as indicated above cannot be detrimental to the operation of the public safety radio system.
(3) 
In the event that a signal booster is employed it shall be fully encased within a dust and water resistant case.
(d) 
Field testing. Police and fire personnel, after providing reasonable notice to the owner or his representative, shall have the right to enter onto the property to conduct field testing to be certain the required level of radio coverage is present.
(e) 
Exemptions. This section shall not apply to single-family and two-family dwellings not put to commercial or institutional use. For purposes of this section, basements, parking structures and stairwells are included in the definition of "all parts of a building" but elevators may be excluded.