A.
Abandoned excavations. Any excavation which exists
for 30 days or more where construction has not been commenced therein
shall be considered abandoned and shall be refilled and leveled to
grade by the owner of such lot or parcel of land within 10 days after
receiving a written notice from the Building Inspector of such requirement;
upon the failure of such owner to comply with such requirement within
the stated period, the work may be done by the Village or its agent
and the expense thereof shall be assessed against such lot or parcel
of land as a special tax, to be collected in the same manner as are
other real estate taxes.
B.
Vacant buildings. Whenever any building or structure
is vacant and the doors and windows or any part thereof have been
removed or opened, leaving the interior of such building or structure
exposed to the elements and accessible to trespassers, then such building
or structure shall be deemed to be dangerous, unsafe and a menace
to public safety. The Building Inspector shall give the owner thereof
written notice to secure said building or structure and comply with
Village Code requirements within 30 days of the date of said notice.
Failure to comply with said written notice shall be sufficient grounds
for the Building Inspector to condemn and raze said building or structure
in accordance with the applicable provisions of § 66.0413(1)(f)
and (j), Wis. Stats.
C.
Protection of adjoining property. When the owner of
any lot or plot of land, or the Village, in making improvements, is
about to excavate or cause an excavation to be made, which excavation
in any way affects any building or structure on an adjoining lot,
a notice shall be given to all owners of adjoining lots at least 10
days prior to commencing the excavation in order to give the adjoining
owners a reasonable opportunity to protect their property at their
own expense according to law. Such notice shall describe the extent
and character of the excavation work about to be done.
D.
Transfer of solid fill. No person, firm or corporation
shall transfer to, dump, or place upon lands, public or private, solid
fill within the Village of Shorewood without first obtaining a permit
therefor.
(1)
Application. Application for a permit to transfer,
place, or dump solid fill within the Village of Shorewood shall be
made by the owner of the lands to be filled or his designated agent,
in writing, to the Planning and Development Department upon an application
furnished by the Village. A separate permit shall be obtained for
each truck or vehicle hauling the fill material. The applicant shall
set forth upon the application form the following information:
(a)
Location of filling operation.
(b)
Proposed route for hauling fill.
(c)
Number, type, size and license number of trucks
to be used.
(d)
Proposed trucking schedule, number of days,
and time of day.
(e)
Other equipment involved in fill operation.
(f)
Descriptions and source of fill material.
(g)
A plan which shall include, but which shall
not be limited to, a description of the area where operation is to
take place; intent and purpose of the plan; engineering studies, if
any; plan for plantings; plan for grading; cross-section drawings
showing the topography of the land before commencing the filling operation
and upon completion of the filling operation; plan for shore protection;
hours of operation; dust and debris control; specific management and
maintenance techniques to be employed; and such other requirements
that may be imposed and information that may be requested by the Village.
(2)
A fee as provided by the Village Fee Schedule shall
accompany the application for a permit which shall be retained by
the Village if the permit is not issued. In addition, a nontransferable
trucking permit shall be secured annually from the Village for each
truck hauling solid fill to a landfill area in the Village. The fee
for a trucking permit shall be as provided by the Village Fee Schedule.
(3)
Fill material. Fill material shall be clean, inert
material free from organic matter, brush, garbage, and material subject
to organic decomposition. Where necessary to avoid dust or similar
litter, all material should be wetted down before transporting. Fill
containing items such as hollow containers, appliances and equipment
subject to subsequent collapse or settlement is prohibited. Generally,
material such as earth fill and broken concrete of a size approved
by the Building Inspector or his designee will be classified as acceptable
fill subject to other permit requirements.
(4)
Permits. Upon recommendation of the Building Inspector or his designee and after public hearing, the Village Board shall be authorized to issue a filling permit to each applicant when it is satisfied that the fill material meets the requirements of Subsection D(3) above and that the filling operation will not cause unreasonable noise, traffic or other problems detrimental to residents of the area of the community in which said filling is taking place. All property owners within 400 feet of the property or properties receiving fill shall be notified at least seven days prior to the time of hearing. The permit shall be issued for a period not to exceed three consecutive months in a calendar year; provided, however, that upon a showing of good cause, the Village Board may extend the period of the permit, without a further hearing, for a period not to exceed 60 days, as determined by said Board. Permit applications for subsequent years, when filling operations span a period of several years, will be subject to conditions and fees governing initial applications. Any permit to be issued hereunder shall not be issued until all applicable permits required by federal, state or county regulations have been issued.
[Amended 11-19-1990 by Ord. No. 1586]
(5)
Hours of operation. The transfer of solid fill authorized
hereunder shall not take place between the hours of 5:00 p.m. and
8:00 a.m. on weekdays nor at any time on Saturdays, Sundays or on
statutory holidays. The Village Board is hereby authorized to further
restrict the hours of filling or the number of trucks involved, based
upon the location of the filling operation and the traffic conditions
of the area where the fill is being placed.
(6)
Other regulations.
(a)
The owner of land located in the Village who
allows his/her land to be used as an access point over which any person,
firm or corporation can transfer, dump or place solid fill on other
public or private land located outside of the Village shall obtain
a permit from the Village.
[1]
The application for said permit shall be obtained
from the Planning and Development Department and completed on a form
provided by said Department. The application shall include such information
as said Department may require and shall be filed with said Department.
A nonrefundable application fee as provided by the Village Fee Schedule
shall accompany said application.
[2]
A nontransferable trucking permit shall be secured
annually from the Village for each truck hauling solid fill to a landfill
area outside of the Village but using property located in the Village
as an access point as above described. The fee for said trucking permit
shall be as provided by the Village Fee Schedule.
(b)
Filling operations under Village permit shall
be subject to the applicable county, state and federal license or
permit regulations.
(c)
Filling operations shall not block a natural
drainage course.
(7)
Exceptions. The provisions of this Subsection D relating to the transfer of solid fill shall not apply to customary top dressing or fertilizing of lawns and gardens nor shall they apply to the construction of block or concrete patios, driveways, or platforms permitted under the Village Code. Filling involved in an operation requiring a building permit or a wrecking permit is exempt from this Subsection D.
(8)
Revocation of permit. A permit granted hereunder may be revoked by the Village Board for any violation of the terms, provisions or conditions of this Subsection D or of the permit issued.
(9)
Appeal. Any person, firm or corporation who or which
is denied a filling permit or whose filling operation is restricted
due to noise, traffic, or other conditions may appeal to the Circuit
Court of Milwaukee County as provided by law.
A.
Connection to water system. All buildings or parts
thereof to be used for residential or commercial purposes must be
fully equipped with all necessary plumbing and piping for water and
sewer service, and the same shall be connected adequately with the
Village water and sewer systems as required by applicable Village
code and state regulations.
[Amended 10-21-1991 by Ord. No. 1620]
B.
Parapet walls.
(1)
"Parapet walls" shall mean that part of any wall entirely
above the roofline. Parapet walls not less than eight inches in thickness
and 2 1/2 feet in height shall be provided on all exterior, division
and party walls of masonry or concrete where such walls connect with
roofs other than roofs of fire-resistant construction, but this provisions
shall not apply to:
(a)
Buildings where frame construction would be
permitted under the provisions of this Code.
(b)
Walls which face streets or alleys.
(c)
Walls where not less than 10 feet of vacant
space is maintained between the wall and the boundary line between
premises.
(d)
Walls which are not less than 10 feet from other
buildings on the same premises.
(2)
All parapet walls shall be properly coped with incombustible,
weatherproof material.
(3)
No parapet wall shall extend to a height of more than
four times its thickness above the adjoining roof unless such parapet
wall is stayed by structural members designed to provide adequate
resistance against overturning.
C.
Gutters and conducting water.
[Amended 9-7-2004 by Ord. No. 1873; 4-20-2009 by Ord. No. 1952; 5-17-2021 by Ord. No. 3025]
(1)
On all new or remodeled buildings, the roof shall be provided with gutters and downspouts for conducting the water in such manner as will protect the walls and foundations of such buildings or of adjacent buildings from injury. Water from such leaders may be conducted by proper pipes to the municipal separate storm sewer or may be drained and directed in a manner to be approved by the Building Inspector or the Inspector's designee. In the discretion of the Building Inspector, or the Inspector's designee, where no apparent damage is caused or likely to be caused by water to adjacent property, gutters and downspouts may be omitted from private garages and temporary buildings. The provisions of § 415-18B of the Village Code shall be applicable herein.
(2)
In the municipal separate storm sewer area, when approved by the
Building Inspector or the Inspector's designee, water from roof leaders,
conductors or downspouts may be discharged to finished grade, provided
that the following conditions are met:
(a)
Where previously connected to a sewer lateral, the downspout
hub shall be sealed with an approved cap or plug as required by Wisconsin
Plumbing Code; and
(b)
The water is discharged to finished grade on the property where
the point of discharge must be a minimum of five feet from the building
and is directed to flow away from buildings, does not to create an
icy condition on any pedestrian walkways, and does not create a nuisance.
(3)
In the combined sewer service area, discharge of water to the combined
sewer system from roof leaders, conductors or downspouts of residential
structures which contain up to four dwelling units is prohibited if
the following conditions are present:
(a)
The roof drain is external.
(b)
Sufficient space is available to locate the discharge point
at least five feet away from the basement or foundation walls and
property lines.
(c)
Pervious surface is available at the discharge point.
(d)
The discharge location is level or slopes away from the structure,
but not so steep that the discharge would cause erosion.
(e)
The discharged water will not create ice on pedestrian walkways
or otherwise create a nuisance for adjoining properties.
D.
Materials to be used on exterior of buildings. On
all new or on existing buildings and additions thereto, where the
exterior surface thereof is altered, the exterior surface shall be
faced in natural or manufactured materials as approved by the Building
Inspector, subject to Design Review Board review and approval where
required by the Village Code.
E.
Exterior design of buildings. On all new or on existing
buildings and additions thereto where the exterior surface thereof
has been altered or replaced, the exterior design thereof shall be
compatible with adjacent or neighboring structures so that such design
will not adversely affect the aesthetic quality or character of the
area; said determination shall be made and approval given by the Building
Inspector, subject to Design Review Board review and approval where
required by the Village Code.
F.
Presentation of plans. When required by the Building
Code or requested by the Building Inspector, all preliminary and final
plans for construction and remodeling shall be filed and referred
to all appropriate departments, inspectors thereof, and boards for
recommendation and approval before permit shall be issued.
A.
DWELLING
MULTIFAMILY BUILDING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 10-21-1991 by Ord. No. 1620]
A dwelling containing one or two dwelling units.
A building containing three dwelling units or more.
B.
[1]Number of habitable rooms required. Except for efficiency
dwelling units located in multifamily buildings, every dwelling unit
shall contain at least one living room, one kitchen, one bedroom,
one bathroom and one guest closet and a closet in each bedroom, unless
otherwise provided herein. Further, every dwelling unit shall be provided
with a dining space either in the living room or in the kitchen, except
where a separate dining room is provided.
[Amended 10-21-1991 by Ord. No. 1620]
C.
Accessibility to habitable rooms. Every bedroom in
a dwelling unit shall have access to a bathroom or a compartment containing
a water closet and lavatory without passing through another bedroom.
[Amended 5-16-2005 by Ord. No. 1886]
D.
Minimum room areas.
(1)
Dwellings.
[Amended 10-21-1991 by Ord. No. 1620]
(a)
All habitable rooms shall have minimum areas
and dimensions based upon a ceiling height as prescribed in the Wisconsin
Uniform Building Code, in accordance with the following table:
|
Habitable Room
|
Minimum Area
(square feet)
| |
|---|---|---|
|
Living room
|
225
| |
|
Living room with dining space
|
240
| |
|
Dining room
|
120
| |
|
Kitchen
|
90
| |
|
Kitchen with dining space
|
150
| |
|
Bedroom
|
100
| |
|
Other habitable rooms
|
80 each
|
(b)
No single-family dwelling shall have a total
floor area, exclusive of basement and attic space, of less than 1,200
square feet as measured from the inside enclosing walls.
(c)
No dwelling unit in a two-family dwelling shall
have a total floor area of less than 900 square feet, exclusive of
basement and attic space, as measured from the inside enclosing walls.
(2)
Multifamily buildings.
(a)
All habitable rooms shall have minimum areas
and dimensions based upon a ceiling height as prescribed in the Wisconsin
Uniform Building Code, in accordance with the following table:
|
Habitable Room
|
Minimum Area
(square feet)
| |
|---|---|---|
|
Living room
|
150
| |
|
Living room with dining space
|
180
| |
|
Dining room
|
100
| |
|
Kitchen
|
70
| |
|
Kitchen with dining space
|
120
| |
|
Bedroom
|
100
| |
|
Other habitable rooms
|
80 each
|
(c)
An efficiency dwelling unit is a dwelling unit
located in a multifamily building consisting of one principal room
and in addition consisting of a kitchen and bathroom, which shall
be exclusive of hallways and closets provided therein.
[1]
Every efficiency dwelling unit shall meet all
applicable requirements of a dwelling unit within a multifamily building
as prescribed by the provisions of this chapter.
[2]
The maximum number of efficiency dwelling units
which can be located in a multifamily building shall be no more than
15% of the total number of dwelling units contained in said building.
E.
Sound requirements for wall and floor separations.
Wall and floor separations between dwelling units in buildings shall
have the resistance to transmission of sound from one side of the
wall to the other of not less than a sound transmission class rating
of 45.
F.
Air-conditioning requirements.
[Amended 9-5-2006 by Ord. No. 1916]
(1)
No person shall install, operate or use any air-conditioning
unit or combination of air-conditioning units that produces a sound
level, measured either in a sleeping unit of a dwelling unit on the
premises or at a location outside of the property line where the air-conditioning
unit or units are located, that exceeds the following:
(2)
If the background noise or ambient sounds from other
sources at the place of measurement equals the sound levels in Subsection
H(1)(a) and (b), then the sound produced by the air-conditioning unit
or units shall not be considered in violation of this section unless
such unit or units create a sound level equal to or in excess of five
decibels greater than the levels in Subsection H(1)(a) and (b).
(3)
When window air-conditioning units are provided in
multifamily buildings containing more than four dwelling units, they
shall be reasonably and adequately screened and baffled so as not
to create a nuisance, interfere with the comfort and repose of those
individuals residing adjacent thereto, or detract from the aesthetic
character of the neighborhood in which located, all to be determined
by the Building Inspector.
(4)
Air-conditioning units may not be located in front
yards or rear or side setbacks.
[Added 2-25-2008 by Ord. No. 1935]
G.
Gravity and forced air heating systems. In every dwelling
or multifamily building, return air ducts serving one dwelling unit
shall not be connected with those serving any other dwelling unit,
nor shall the air returned from one dwelling unit be recirculated
to any other dwelling unit. Basement or public hall spaces or any
other public spaces shall not be used as a return plenum chamber.
H.
Exits and doors. All dwellings and multifamily buildings
hereafter constructed or erected, and all existing dwellings and buildings
involving alterations amounting to more than 50% of the assessed value
of said dwelling or building, shall be provided with both front and
rear or side exits, so as to afford safe egress from the dwelling
or building.[2]
I.
Stairways; smoke detectors.
(1)
In all dwellings hereafter constructed or substantially
altered as defined under § 30.55 of the Wisconsin Uniform
Building Code where a habitable room used for sleeping purposes is
located above the second floor, there shall be provided two separate
interior fixed stairways from said floor, one of which must lead directly
into the dwelling unit of which said room is a part.
(2)
In all existing dwellings where a habitable room is
located above the second floor, two means of egress shall be provided
from said room or rooms. One means of egress shall be by an interior
fixed stairway.
(3)
In all dwellings where a habitable room used for sleeping
purposes is located above the second floor, UL approved smoke detectors
shall be provided and installed in the ceiling at the bottom of each
stairway of each floor level beginning at the basement level and in
each hallway ceiling leading to habitable rooms used for sleeping
purposes at each level. Smoke detectors shall be kept in an operable
condition at all times. Such installations in the ceiling shall be
located not nearer than six inches from any wall.
(4)
All dwellings shall have smoke detectors installed
and functional at all floor levels.
[Added 2-25-2008 by Ord. No. 1935]
J.
Ceiling heights. In all dwellings and multifamily
buildings, except as hereinafter provided, all habitable rooms contained
therein shall have a minimum clear ceiling height of not less than
eight feet. In all one-family homes all habitable rooms contained
therein shall have a minimum clear ceiling height of not less than
eight feet on the first floor; the provisions of the Wisconsin Uniform
Building Code relating to ceiling heights shall govern in one-family
homes with respect to habitable rooms located above the first floor.
K.
Elevators. In all multifamily buildings and commercial
structures more than three stories in height, elevators shall be of
sufficient size to safely and reasonably accommodate a regulation
size stretcher and shall be subject to the approval of the Building
Inspector and the Fire Department.
[Amended 9-4-1990 by Ord. No. 1582; 2-6-2004 by Ord. No. 1862; 2-25-2008 by Ord. No.
1935; 10-21-2013 by Ord. No. 2027]
A.
RETAINING WALL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A wall of any material to resist the lateral displacement
of soil, the slope of which is greater than 1.5 horizontal to 1 vertical.
B.
Fences.
(2)
All fences erected or constructed in the front setback area as established under the provisions of § 535-19E(5) of the Village Code shall be limited to a height of no more than four feet; provided, however, that on corner lots, where adjacent to a public walk or street, all fences erected or constructed to a height of more than four feet shall conform to the building setback provisions of § 535-19E(5) of the Village Code.
(3)
All fences erected directly across from any garage
in an alley, the width of which is 15 feet or less, shall be set back
a minimum of three feet from the alley line.
(4)
No fence shall be erected or constructed which exceeds
a height of six feet.
(5)
No fence more than four feet in height may be erected between adjoining
properties when the fence parallels an existing residence and the
distance between the fence and the residence on either property is
less than six feet.
(6)
All fences erected shall have the structural components thereof facing
the side of the property for and on which the same are erected. Barbed
wire shall not be used for fence purposes, and all fences shall be
so constructed as to withstand a wind pressure of at least 30 pounds
per square foot.
(7)
Chain link and barbed style fences are prohibited in the Village
of Shorewood, except chain link fences with top barb ends knuckled
are allowed in residential districts' side yard or rear yard.
(8)
The height of any fence erected under this section shall be determined
by the measurements from the uppermost point of the fence relative
to the immediate-existing adjacent ground level of the adjoining property.
(9)
All fences shall be erected within the dimensions
of the lot according to survey.
C.
Retaining walls.
(1)
No person or firm shall construct, install, enlarge, alter, repair
or replace any retaining wall until a building permit has first been
obtained, and other provisions of this section have been complied
with. Construction site plans accompanied with current property survey
are required to be submitted for review by the Building Inspector
prior to the issuance of a building permit and commencing of wall
construction. These plans are to include wall placement location(s),
details of installation with regard to height, depth, length of wall
and type of reinforcement and or pinning to be used.
(a)
Exceptions under this provision include:
[1]
Edgings. Edgings less than six inches in height of metal, stone,
brick, concrete, timber or other materials around driveways, patios,
gardens, flower beds, plantings, or trees.
[2]
Decorative walls. Decorative walls not in excess of two feet
in height used around gardens, plantings, trees, patios, or driveways
and constructed of natural stone, brick or timbers.
(2)
Acceptable materials; construction review.
(a)
Retaining walls shall be constructed of textured concrete block,
natural stone or manufactured stone block specifically designed for
retaining walls and shall be installed as per manufacturer's specifications.
(b)
Retaining walls may be constructed with treated landscape timbers,
having a minimum preservation retention level (PRL) of 0.40, and shall
be limited in height to two feet relative to adjacent grade.
(c)
All retaining walls exceeding two feet in height relative to
adjacent grade require a construction review by the Building Inspector
prior to construction, and upon recommendation by the Building Inspector,
may require a detailed design submittal generated by a licensed civil
or structural engineer.
(3)
Retaining walls are not to be constructed in a manner which would
adversely affect current stormwater management of property or any
adjoining properties.
(4)
Retaining walls shall not be constructed or supported in any manner
with railroad ties, plywood, logs, pipes, metal, fiberglass, or any
other material not specifically manufactured for use as a retaining
wall.
(5)
Retaining walls shall be constructed using appropriate engineering
standards or per manufacturer's specifications.
(6)
Retaining walls shall be kept and maintained in good, sound and presentable
condition at all times.
(7)
The appearance, materials, design, location and height are to be
harmonious with the principal structure.
[Amended 2-25-2008 by Ord. No. 1935; 6-20-2016 by Ord. No. 2062]
A.
PRIVATE SWIMMING POOL OR SPA
PRIVATE TEMPORARY ABOVEGROUND SWIMMING POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A permanent structure containing a body of water in an artificial
or semiartificial receptacle or other container, having a capacity
for water exceeding 18 inches in depth at any point, located above
or below the surface of the ground elevation, used or intended to
be used by the owner, operator or lessee thereof and his family and/or
by friends invited to use it, and includes all structures, appurtenances,
equipment, appliances and other facilities appurtenant thereto and
intended for the operation and maintenance of a private swimming pool
or spa.
A structure containing a body of water in an artificial or
semiartificial receptacle or other container, having a capacity for
water exceeding 18 inches in depth at any point, located above the
surface of the ground elevation, set up and removed seasonally, used
or intended to be used by the owner, operator or lessee thereof and
his family and/or by friends invited to use it, and includes all structures,
appurtenances, equipment, appliances and other facilities appurtenant
thereto and intended for the operation and maintenance of a swimming
pool or spa.
B.
Permit requirements.
(1)
Before work is commenced on the construction or erection of a private
swimming pool or spa, or any alterations, additions, remodeling or
other improvements are made to a private swimming pool or spa, a written
permit shall be obtained from the Building Inspector.
(2)
No permit under this section shall be required to erect a private temporary aboveground swimming pool. However, any private temporary aboveground swimming pool that has plumbing and/or electrical components may have those components subject to permit requirements under the plumbing or electrical code as described in Subsection B(3) below.
(3)
Incidental plumbing and/or electrical work on either a private swimming
pool or spa or private temporary aboveground swimming pool shall be
subject to the provisions of the respective codes and require separate
permits as required by those codes.
C.
Application for permit. Application for a permit to construct or
erect a private swimming pool or spa, or to alter, add to, remodel
or improve a private swimming pool or spa, shall be in writing upon
a form approved by the Building Inspector and shall be accompanied
by a plot plan and the required fee paid with the filing of the application.
D.
Fee. A fee as provided by the Village Fee Schedule shall accompany
each permit application for any private swimming pool or spa.
E.
Setback and other requirements.
(1)
No part of any private swimming pool or spa or private temporary
aboveground swimming pool shall be set nearer than three feet to any
lot line or 15 feet to any adjacent residence or in the front setback
area of any lot.
(2)
The area of any private swimming pool or spa shall not exceed 30% of the available rear or side yard area in which the pool or spa is located, subject to the setback requirements of Subsection E(1) of this section.
(3)
Every person, every member of a partnership and every corporation
that owns, directly or indirectly, or operates or uses, or has custody
or control of, or has the right to use, any private swimming pool
or spa located in the Village of Shorewood shall erect and maintain
a fence or barrier around such swimming pool or spa of such size and
construction as to safeguard a child of tender years to prevent such
child from falling into such swimming pool or spa, or shall install
and maintain a cover over such swimming pool or spa of such design
and of such material that it can be securely fastened in place, and
when in place, such cover shall be capable of sustaining a person
weighing 250 pounds. Such cover shall be securely fastened in place
at all times when such swimming pool or spa is not in actual use for
bathing or swimming purposes. Where fences are erected for such protection,
all gates in such fences shall be equipped with self-closing and self-latching
devices, which shall be located at the top of the gate to the pool
or spa side of the fence. A "child of tender years," within the meaning
of this section, shall be any child who shall not have attained the
age of 10 years.
(a)
Private temporary aboveground swimming pools, as defined in
this section, shall be exempt from the fencing requirements of a permanent
private swimming pool or spa. However, for safety reasons, a private
temporary aboveground swimming pool that is not enclosed by a fence
shall have all means of entrance, including but not limited to ladders
and steps, removed from said swimming pool when the pool is not in
use.
(4)
Every private swimming pool or spa and every private temporary aboveground
swimming pool which has a capacity of at least 500 cubic feet of water
shall be equipped with a recirculating system which shall be capable
of filtering and recirculating the entire volume content of the pool
or spa during a twelve-hour period, and maintenance of the proper
bacterial quality thereof.
(5)
Every private swimming pool or spa and every private temporary aboveground
swimming pool which has a capacity for water exceeding five feet in
depth at any point shall be equipped with life preservers, the number
and type of which shall be approved by the Building Inspector.
(6)
Every private swimming pool or spa and every private temporary aboveground
swimming pool shall be required to meet all National Electrical Code
requirements. Temporary aboveground swimming pools shall be powered
by an approved ground fault circuit interrupter (GFCI) outlet.
F.
Season. Private temporary aboveground swimming pools shall not be
installed before May 1 and shall be drained and removed from the property
by October 15.
G.
Drainage. Every private swimming pool or spa and every private temporary
aboveground swimming pool shall be provided with suitable drainage
approved by the Village Plumbing Inspector, and in no case shall any
swimming pool or spa be drained onto lands of other property owners
in the vicinity.
[Amended 10-6-1997 by Ord. No. 1762; 2-25-2008 by Ord. No. 1935; 12-1-2014 by Ord. No. 2050]
A.
Purpose and applicability.
(1)
Purpose. The purpose of this section is to:
(a)
Establish general guidelines for the construction, maintenance
and siting of antennas.
(b)
Permit the siting of electronic equipment and still protect
the public health and safety of the Village and its residents in a
means that reflects the minimum practical regulation necessary to
accomplish that objective; and
(c)
Reasonably accommodate users to consider and incorporate in
design, construction and siting, the potential impact upon safety
and aesthetics to the extent permitted.
(2)
Applicability. Except as hereinafter noted:
(a)
This section is intended to apply to antennas installed, constructed
and modified after the enactment of this section.
(b)
The standards and requirements are not to be applicable to an
antenna for which a permit has been previously issued prior to the
effective date of this section.
(c)
Regardless of whether a permit is required, antennas installed,
constructed or modified after enactment must comply with the applicable
regulations of this section.
B.
ANTENNA
COMMERCIAL EARTH STATION
RADIO BROADCAST SERVICES
RADIO BROADCAST SERVICES FACILITIES
RADIO OR TELEVISION ANTENNA
SATELLITE EARTH STATION
Definitions. As used in this section, the following terms shall have the meanings indicated. Other references hereinafter referred to when defined in Chapter 535, Zoning, of the Village Code shall be governed by said definitions, otherwise by common usage.
An exterior device designed and intended to transmit or receive
electromagnetic waves, digital signals, analog signals, television
transmissions, radio transmissions. It includes all mounting and stabilizing
structures and devices, including towers, poles, brackets, guy wires,
hardware, connection equipment and related items, whether ground mounted
on any lot or attached to the exterior of a building or structure.
It does not include antennas or antenna-like devices located wholly
within a building.
A satellite earth station antenna that has a diameter of
two meters or less (measured diagonally).
The regular provision of a commercial or noncommercial service
involving the transmission, emission, or reception of radio waves
for the transmission of sound or images in which the transmissions
are intended for direct reception by the general public.
Commercial or noncommercial facilities, including antennas
and antenna support structures, intended for the provision of radio
broadcast services.
An antenna for receiving television or radio transmissions,
including UHF and VHF television signals and AM, FM, ham or shortwave
radio waves.
A dish-shaped antenna designed and intended to receive microwave
signals from earth-orbiting communication satellites and includes
satellite receivers and direct broadcast satellite antennas.
C.
Permits required.
(1)
Except as hereinafter noted, it shall be unlawful for any person,
firm or corporation to place, erect, construct or relocate within
the Village of Shorewood an antenna without first applying for and
obtaining:
(2)
Exceptions. No permit shall be required for:
(a)
Radio or television antennas which are 12 feet or less in height
above the roofline of the building exterior.
(b)
Satellite earth station dishes which have a diameter of 1.0
meter or less (measured diagonally) and which are used only to receive
television or radio broadcast signals.
(c)
Commercial satellite earth station dishes which have a diameter
of 2.0 meters or less (measured diagonally).
(d)
An antenna that is owned and operated by a federally licensed
amateur radio station operator and which meets the following conditions:
(e)
Publicly owned and operated telecommunications facilities required
in the public interest to provide for and maintain a radio frequency
telecommunication system, including digital, analog, wireless or electromagnetic
waves, for police, fire and other municipal services.
D.
Application for permits. Application for permits hereunder shall
be made on the forms provided by the Planning and Development Department
and shall contain or have attached thereto the following:
(1)
Name, address and telephone number of applicant and the contact individual
for the applicant.
(2)
Description of the property where the antenna is to be located, including
a site plan showing the proposed antenna relative to existing streets
and lot lines and including proposed and existing buildings and structures.
(3)
Description of the antenna with mounting plans, specifications for
installation and operation, finish color and proposed adjacent structures
and vegetation.
(4)
Name, address and telephone number of person, firm or corporation
erecting the antenna.
(5)
Written consent of the owner of the property, if other than the applicant,
where the antenna is to be erected.
(6)
Any electrical permit required and issued by the Village for such
antenna.
(7)
Such other information as the Building Inspector or Electrical Inspector
may require to show full compliance with all federal, state and local
regulations.
(9)
Evidence of compliance with applicable federal rules and standards,
including Federal Communication Commission (FCC) radio frequency emission
rules.
E.
Permit fees. The applicant shall pay the fee as enumerated within
the Village Fee Schedule.
F.
The Village Plan Commission shall review the application and consider
a conditional use under the following conditions:
(1)
Within 60 days of submitting the application for conditional use permit under Subsection D, it shall be submitted to the Plan Commission for consideration and hearing.
(2)
The Plan Commission shall give public notice of the time and place
of the hearing and due notice to the applicant. The applicant may
appear in person or by agent or attorney.
(4)
In granting a conditional use permit, the Plan Commission may impose
conditions consistent with the purpose of this section when the Commission
concludes such conditions may be necessary.
(5)
The Village Plan Commission may consider the criteria for the grant of a conditional use permit as contained within § 535-25C(1) through (7).
G.
Denials.
(1)
A denial of a request for a conditional use permit under this section
shall be in writing and supported by evidence as contained within
the record of proceedings.
(2)
A denial of an application by any person or entity to place, construct,
or modify radio broadcast service facilities may be based only on
the public health or safety concerns. Such denial shall be in writing
and provide the applicant with substantial written evidence which
supports the reasons for the action.
H.
General requirements for all antennas.
(1)
There shall be no more than one antenna installed or erected on a
lot without the express approval of the Shorewood Village Plan Commission.
(2)
The location of any antenna shall not violate the setback or lot
coverage regulations of the zoning district where located; provided,
however, that on corner lots, if a roof or rear yard installation
is not possible, such installations may be made in the side yard,
if said yard is not adjacent to a street, subject to the side setback
and lot coverage regulations for the district where located.
(3)
Placement. If reasonable reception of signals is possible, the signal
receiving antenna shall first be located in the following descending
order:
(a)
In either the rear yard or on the rear of the home or on the
rear of its roof.
(b)
In either the side yard or on the side of the home or on the
side of its roof.
(c)
In either the front yard or on the front of the home or on the
front of its roof, but only upon certification to the satisfaction
of the Plan Commission that reasonable reception is not possible at
any other location.
(4)
Building codes; safety standards. To ensure structural integrity,
the owner of an antenna shall ensure that it is maintained in compliance
with standards contained in applicable state or local building codes
and the applicable standards for antennas that are published by the
Electronic Industries Association, as amended from time to time.
(5)
Height. No antenna shall exceed a maximum height of 15 feet above
the principal structure on which it is located or, if freestanding,
60 feet above the ground measured from grade level at the base of
the supporting structure.
(6)
An antenna shall be permanently grounded in accordance with the manufacturer's
specifications for installation. All installations shall meet the
minimum wind load design velocity of 80 miles per hour.
(7)
No form of advertising or identification shall be allowed on an antenna
other than the customary manufacturer's identification plates.
(8)
Portable or trailer-mounted antennas shall be prohibited; provided,
however, that temporary installations for on-site testing and demonstration
purposes may be allowed for reasonable periods.
(9)
State or federal requirements. All antennas shall meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owner of an antenna governed by this section shall bring such antenna into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring antennas into compliance with such revised standards and regulations shall constitute grounds for the removal under Subsection K.
(10)
Electrical installations in connection with an antenna, including
grounding the system, shall be in accordance with the National Electrical
Code, Wisconsin State Electrical Code and instructions of the manufacturer;
in cases of conflict, the stricter requirements shall govern.
(11)
All cable used to conduct current or signals shall be installed
underground, unless adequately screened from public view. The location
of all such underground lines, cables and conduits shall be shown
on the documents supporting the application for permit.
(12)
Antennas shall be filtered or shielded to prevent the emission
or reflection of any radio frequency emissions or radiation that would
cause interference with practical communication transmissions or broadcast
reception on adjacent properties.
(13)
Aesthetic considerations. Antennas shall be located and designed
to reasonably reduce visual impact upon surrounding properties at
street level. The Plan Commission may require appropriate screening
and landscaping that does not interfere with reception.
(14)
Lighting. Antennas shall not be artificially illuminated unless
required by the FAA or other applicable authority. If lighting is
required, the lighting alternatives and design chosen must cause the
least disturbance to the surrounding views.
(15)
The equipment cabinet or structure used in association with
antennas shall comply with the following:
(a)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof.
(b)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(c)
Buildings or cabinets located on the ground must be screened
from view by vegetation or landscaping.
I.
Requirements for satellite earth station antennas. In addition to the general requirements for all antennas under Subsection H or as Subsection H may be modified by these following requirements, satellite earth station antennas and commercial earth station antennas shall comply with these additional requirements:
(1)
Satellite earth stations which exceed one meter in diameter (measured
diagonally) when located in the R-1 through R-8 Village residential
zoning districts shall be subject to the following regulations:
(a)
They shall not exceed eight feet in diameter or 11 feet in height
above the existing grade of the adjacent property.
(b)
They shall be of mesh construction so as to be seen through.
(c)
They shall be permanently ground mounted. They shall not be
attached to the wall or roof of any principal or accessory structure,
unless adequately screened from public view.
(d)
They shall be totally screened all year round from any adjacent
lot or street or other public way by a building, structure, plantings,
earth berm, fence or wall in accordance with applicable Village Code
requirements; provided, however, that such screening shall not operate
to impose unreasonable limitations on or prevent reception of satellite-delivered
signals by receive-only antennas or impose costs on the users of such
antennas that are excessive in light of the purchase and installation
cost of the equipment.
(2)
Satellite earth stations which exceed one meter in diameter (measured
diagonally) when located in the R-9 and R-10 Districts, the B-1, B-2,
B-3, B-4 and B-5 Districts, and P-1 District shall be subject to the
following regulations:
(a)
They may be erected on the roof of the principal building located
on a lot or in the rear yard of a lot, subject to the setback requirements
of the zoning district where located. When roof mounted, they must
be checked by a registered engineer or architect for proper installation
which meets safety standards as established by the National Electrical
Code, Wisconsin State Electrical Code and instructions of the manufacturer;
in cases of conflict, the stricter requirements shall govern. When
roof mounted, they shall not exceed eight feet in diameter nor 11
feet in height from the roof surface and need not be of mesh construction
unless visible from ground level.
J.
Waiver. The Plan Commission may, in its discretion, waive compliance
with provisions within this section where the applicant provides specific
engineering and technical data showing that the code requirements
would:
K.
Failure to maintain or repair antenna.
(1)
The Building Inspector may inspect, at any time, any antenna located
in the Village of Shorewood in order to ascertain whether or not the
same is of a safe construction and condition and has been installed
in a workmanlike manner in accordance with good engineering practices.
(2)
In case any condition is found which might result in danger to life
or property, or if the antenna is unsightly or in need of maintenance
and repair, the Village Building Inspector or Electrical Inspector
is authorized to give written notice to the owner or user of such
antenna at their last known address, citing such condition and requiring
corrective action within five days from the date of such notice.
(3)
If such conditions are not corrected within such time, the maintenance
of any such unsafe or unsightly installation by the owner or user
thereof shall be considered unlawful, and the owner or user shall
be subject to the penalty hereinafter prescribed.
(4)
If, in the opinion of the Building Inspector or the Electrical Inspector,
such condition is so dangerous to life and property that immediate
removal is required, the Village Building Inspector or Electrical
Inspector shall remove or cause to be removed said antenna without
further notice to the owner or user thereof and at the owner's expense.
(5)
Any antenna that is not operated or used for a continuous twelve-month
period shall be considered abandoned, and the owner of such an abandoned
antenna shall remove the same within 90 days thereafter or upon notice
from the Building Inspector that the antenna is considered abandoned.
Failure to remove the abandoned antenna within 30 days of notice shall
be grounds to have the antenna removed at the owner's expense.
(6)
The cost of removing an antenna under this Subsection K shall be chargeable to the owner of the property upon which it is located and shall be certified in the proper manner to have said costs levied as special charges against such property, and the proper officers of the Village are authorized and directed to enter such charges on the tax roll.
L.
Appeals.
(1)
Board of Appeals.
(b)
Decisions of the Village Plan Commission in granting, denying, amending, suspending, or revoking a permit under this section may be appealed to the Board of Appeals in accordance with the provisions of §§ 535-56 and 535-57 of the Village Code. The Board of Appeals, after a hearing, may affirm, reverse or remand with recommendations any order, requirement, decision or determination of the Village Plan Commission made under this section.
(c)
The Board of Appeals shall decide all appeals under this section
within 30 days after final hearing and shall transmit a signed copy
of the Board's decision to the appellant and to the Planning and Development
Department.
(2)
Review by court of record. Any person or persons aggrieved by any
decision of the Board of Appeals under this section may present to
a court of record a verified petition specifying the contents of the
decision appealed and the grounds upon which the decision is challenged,
appealed or charged to be illegal. Such petition shall be presented
to the court within 30 days after the filing of the decision by the
Board of Appeals in the office of the Secretary.
[Added 11-20-2006 by Ord. No. 1919]
A.
TEMPORARY DUMPSTER
TEMPORARY STORAGE UNIT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A large container designed for the receiving, transporting and dumping of waste materials on a temporary basis during demolition or construction projects and is not intended to include karts or dumpsters employed for refuse or recycling collection as controlled in § 455-2 of the Village Code.
Any container, portable structure or temporary accessory
structure that can be or is used for the storage of personal property
or equipment of any kind and which is located for such purposes outside
an enclosed building.
B.
No person or entity may place a temporary dumpster
or temporary storage unit on any private property or premises within
the Village of Shorewood without first obtaining a written permit
from the Planning and Development Department.
C.
Permits for the use of temporary dumpsters and temporary
storage units may be approved under the following conditions:
(1)
There shall be no more than one storage unit and one
dumpster per property.
(2)
The storage unit or dumpster must be set back a minimum
of five feet from all property lines.
(3)
The storage unit or dumpster must be set back a minimum
of five feet from the nearest wall of a building.
(4)
The applicant or agent shall leave all public ways
and public grounds in as good and clean condition as the same was
prior to the permit issuing; costs for damages, cleaning or maintenance
incurred after a dumpster or storage unit has been removed will be
billed to the applicant.
(5)
Additional measures and restrictions may be imposed
on a case-by-case basis as deemed necessary by the Building Inspector
to protect the public health, safety and welfare.
(6)
Where possible, the dumpster and storage unit should
be located in the backyard of the property or premises.
(7)
Permits are issued for a maximum of 40 days.
D.
Application for permit.
(1)
Application for a permit to place a temporary dumpster
or temporary storage unit on premises or private properties within
the Village of Shorewood shall be made on forms provided by the Planning
and Development Department and include the following:
(2)
At the time of application for the permit, the applicant
shall pay a fee as designated in the Village Fee Schedule.
(3)
Permit denial.
(a)
No permit shall be issued to any person or entity
for the use and placement of a temporary dumpster or a temporary storage
unit where the Building Inspector determines that its placement will
unreasonably interfere with the public health, safety and welfare.
(b)
The applicant shall not be eligible for the issuance of a new permit where bills for costs under § 466-11B(6) or Subsection C(4) of this section remain outstanding and unpaid.
E.
Appeals and penalties.
(1)
The provisions of this section may be enforced by municipal citation as authorized under § 225-14.
(2)
Decisions and denials made under this section may be appealed under the procedures defined in § 225-15.
(3)
Penalties for violations are established and applicable
to this section under § 225-16A and B.
(4)
In addition to the penalties established and applicable
under § 225-16A and B, the failure to comply with the terms
and condition of this section shall be grounds for the Village Building
Inspector to order the removal of any temporary dumpster or temporary
storage unit.
A.
The State of Wisconsin Administrative Code, Chapter SPS 322, Energy
Conservation, as part of the State Uniform Dwelling Code, as adopted
and effective December 1, 1978, and all amendments thereto, is adopted
and incorporated in this article by reference.
[Amended 5-15-2017 by Ord. No. 2077]
[Added 12-1-2014 by Ord.
No. 2048]
A.
COMMERCIAL BUILDING
MULTIFAMILY BUILDING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A building or structure used for conducting business and
engaging in commerce, including the provision of services and/or the
purchasing, selling, and exchanging of merchandise on a regular basis.
A building containing three dwelling units or more.
B.
General. Except as otherwise provided, no person or organization
shall maintain, own, erect or construct any commercial building or
structure, or any multifamily building, which fails to support adequate
radio coverage to public safety service workers, including but not
limited to firefighters and police officers. For purpose of this section,
adequate radio coverage shall include all of the following:
(1)
A minimum signal strength of -101 dBm available in 95% of the area
of each floor of the building or structure when transmitted from the
public safety radio communications system; and
(2)
A minimum signal strength of -101 dBm received at the public safety
radio communications system when transmitted from 95% of the area
of each floor of the building or structure, 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. 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.
| |
(4)
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.
C.
Applicability. The provisions of this section shall be applicable to new construction of commercial and multifamily buildings and structures commenced the day after this section shall take effect by publication, and thereafter. The provisions of this section shall further be applicable to remodeling, rebuilding, additions, repairs, or alterations, commenced the day after this section shall take effect by passage and posting, and thereafter. The provisions of this section shall apply to all commercial and multifamily buildings and structures, regardless of the date of construction, upon transfer of ownership. A change of ownership shall be deemed to have occurred if a certificate of code compliance is mandated under § 225-20 of the Shorewood Code of Ordinances.
D.
Testing procedures. There shall be the following testing procedures.
(1)
Initial tests. Initial tests will be performed by the Fire or Police
Department, or their designees. A certificate of occupancy shall not
be issued for any commercial or multifamily building or structure
if it 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.
E.
Amplification systems allowed. Commercial and multifamily 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 of 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. The installation of equipment
as indicated above cannot be detrimental to the operation of the public
safety radio system. In the event that a signal booster is employed
it shall be fully encased within a dust- and water-resistant case.
F.
Field testing. Police and fire personnel, after providing reasonable
notice to the owner or his or her representative, shall have the right
to enter onto any commercial or multifamily building or structure
to conduct field testing to be certain the required level of radio
coverage is present.
G.
Exemptions. Elevators are excluded from the standards set herein.
H.
Variances and appeals.
(1)
Variances. In its authority under § 535-55, the Board of Appeals will hear and decide applications for variances from the provisions of this chapter. The Board of Appeals shall consider whether or not compliance presents a hardship on the part of the property owner, and shall further solicit and consider information from the Shorewood Police Department, North Shore Fire Department, and Building Inspector as to whether or not a variance creates an unreasonable risk to the public health, welfare, and safety, or the health, welfare, and safety of owners, occupants, users, invitees, or frequenters of the subject premises.
I.
Enforcement. The enforcement authority for the provisions of this
section is vested in and placed under the Building Inspector. The
Building Inspector may receive, investigate, and may issue a citation
for any violations of the provisions of this section, specifically
including but not limited to complaints of the North Shore Fire Department
and the Shorewood Police Department.
