Town of Vernon, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Vernon at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Amendments noted where applicable.]
GENERAL REFERENCES
Commercial and industrial development — See Ch. 144.
Fire prevention — See Ch. 160.
Land division and development control — See Ch. 200.
Licenses and permits — See Ch. 206.
These regulations are adopted under the statutory authority granted pursuant to §§ 101.65, 101.651, 101.76, 101.761 and 62.23, Wis. Stats. [and by its adoption of municipal powers under §§ 60.10(2)(c), 60.22(3) and 61.34(1), Wis. Stats.].
The purpose of this chapter is to promote the public health, safety and general welfare of the Town of Vernon. The provisions of this chapter shall govern the design, construction, alteration, demolition and moving of all buildings and structures. All buildings hereafter erected, altered, repaired, moved or demolished shall comply with the requirements of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
AGGREGATE SQUARE FOOTAGE
The sum total footprint area of all accessory buildings on a lot, measured from the exterior face of the exterior walls. In addition, if an accessory building has a lean-to or other covered open space area, all of the covered unenclosed area shall also be included in the aggregate square footage.
AGRICULTURAL BUILDING
A building used to store farm or agricultural-type equipment or livestock that is located on a contiguous parcel of land that is more than 100 acres in size, provided that the land on which it is located is in exclusively agricultural use and is under one ownership. Parcels divided by a road or navigable stream shall be considered to be contiguous if the parcels on both sides of the road are in agricultural use by the same property owner. "Agricultural use" shall mean the for-profit activity conducted by the property owner involving the cultivation of agricultural crops and/or the raising of livestock. The term "one ownership" as used herein shall mean it is owned by one individual, estate, or trust, or by two or more persons having a joint or common interest in the land, or by one corporation, business trust, partnership, or other single entity that is registered with the State of Wisconsin Department of Financial Institutions.
ATTACHED PRIVATE GARAGE
A private garage attached directly to the principal building, or attached by means of an enclosed or open breezeway, porch, terrace or vestibule, or a private garage so constructed as to form an integral part of the principal building.
BUILDING
Any structure used, designed or intended for the protection, shelter or enclosure of persons, animals or property.
BUILDING, ACCESSORY
A building or portion of a building subordinate to the principal building and used for a purpose customarily incident to the permitted use of the principal building.
BUILDING, PRINCIPAL
The main building on a lot, intended for primary use as permitted by the regulations of the district in which it is located. Any building intended to be used for human habitation shall constitute the principal building. Additionally, any building on a thirty-five-acre or greater parcel which is zoned as any residential or agricultural district and used solely for agricultural purposes shall constitute a principal building.
DETACHED PRIVATE GARAGE
A private garage entirely separated from the principal building.
PRIVATE SWIMMING POOL
As defined as a receptacle for water, or an artificial pool of water, having a depth at any point of more than 24 inches, whether above or below the ground, used or intended to be used by the owner thereof, and his family and invited guests, for bathing or swimming, and includes all appurtenances, equipment, appliances, and other facilities appurtenant thereto and intended for the operation and maintenance of a private swimming pool.
[Amended 7-7-2016 by Ord. No. 2016-06]
RURAL STRUCTURE
An existing structure which is:
A. 
Set apart from other structures as being distinct, due to its construction technique, construction materials, age, local historic significance, or design as determined by the Town Board;
B. 
Characteristic of past agricultural practices or rural life, whether presently utilized or not for agricultural practice, as determined by the Town Board; and
C. 
Sufficiently structurally sound to meet minimum safety requirements for the proposed use, as determined by the Town Building Inspector, provided that such determination shall not relieve the property owner of any responsibility or liability as to the structure and shall not form a basis of liability against the Building Inspector or the Town.
SPECIAL EXCEPTION
A special or unique situation, excluding a change in use or a use prohibited in a zoning district, which may be authorized by the Plan Commission and is specifically set forth in this chapter as a special exception and which may justify the waiver of the regulations applicable thereto and does not necessarily require the demonstration of an unnecessary hardship or practical difficulty. "Special exception," as the term is used herein, does not include a deviation from any applicable standards, requirements, codes or other laws of the federal government, the State of Wisconsin, or Waukesha County, or any agency thereof, and nothing herein shall be read as authorizing any deviation from the same. The issuance of a special exception shall not have the effect of allowing a use of property otherwise prohibited and shall not allow the intensification of a use which would otherwise not be allowed other property having a similar condition or situation. Such special exception may not allow for a use which is not allowed in the zoning district in which the property is located.
VARIANCE
An authorization granted by the Plan Commission to construct or alter a building, land or structure in a manner that deviates from the dimensional or numerical standards of this chapter. "Variance," as the term is used herein, does not include a deviation from any applicable standards, requirements, codes or other laws of the federal government, the State of Wisconsin, or Waukesha County, or any agency thereof, and nothing herein shall be read as authorizing any deviation from the same. The issuance of a variance shall not have the effect of allowing a use of property otherwise prohibited and shall not allow the intensification of a use which would otherwise not be allowed other property having a similar condition or situation. Such variance may not allow for a use which is not allowed in the zoning district in which the property is located.
This chapter applies to all dwellings, decks, swimming pools, garages, structures, and buildings. Not included are children's play structures.
The provisions of the Waukesha County Zoning Ordinance and the Waukesha County Shoreland and Floodland Protection Ordinance are hereby adopted by reference and made a part of this chapter as though fully set forth herein with respect to building location and construction. All future amendments, revisions or modifications to the same which may hereafter be adopted from time to time shall, upon adoption, be incorporated as though fully set forth herein without further enactments, in order to obtain uniform regulation of the matters described herein.
A. 
Prior to commencing any of the following work, the owner of the property upon which the work is performed, or the agent thereof, shall obtain from the Town Building Inspector the appropriate permit or permits as required by this chapter:
(1) 
New buildings.
(2) 
Additions, including decks.
(3) 
Alterations to buildings.
(4) 
Replacement of major building equipment, including furnaces and central air conditioners, water heaters and any other major pieces of equipment.
(5) 
Alterations or additions to plumbing, heating, air-conditioning, venting, electrical or gas supply systems.
(6) 
Any electrical wiring for new construction or remodeling.
(7) 
Any HVAC for new construction or remodeling.
(8) 
Any plumbing for new construction or remodeling.
(9) 
Moving buildings.
(10) 
Razing buildings.
B. 
Exempt are re-siding, re-roofing and finishing of interior surfaces, installation of cabinetry, and minor repair as deemed by the Building Inspector. However, unless structural calculations are provided, no more than two layers of roofing shall be installed on a roof. Exempt are normal repairs performed in Subsection A(5) above.
C. 
At the time of building permit application issuance, the applicant shall pay fees as established periodically by the Town Board. If work commences prior to permit issuance, double fees shall be charged by the Building Inspector.
Non-Uniform Dwelling Code (UDC) building permits shall be valid for a period of 12 months. UDC building permits shall be valid for a period of 24 months. All plumbing, electric, and HVAC permits shall be valid for 120 days or as long as the building permit which they are associated with.
[Amended 9-6-2007 by Ord. No. 2007-11]
The following provisions of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this chapter as though fully set forth herein. All future amendments, revisions or modifications to the following provisions which may hereafter be adopted from time to time shall, upon adoption, be part of this chapter so as to secure uniform statewide regulation of buildings.
Ch. PSC 114
Electrical Code, Volume 1
Ch. Comm 16
Electrical Code, Volume 2
Chs. Comm 20 to 25
Uniform Dwelling Code
IBC, as modified by Ch. Comm 62
International Building Code
Ch. Comm 69
Barrier Free Design
Ch. Comm 70
Historic Building Code
Chs. Comm 81 to 87
Uniform Plumbing
Chs. Comm 75 to 79
Existing Building Code
A. 
New buildings. The Wisconsin Uniform Dwelling Code shall apply to the new construction of all one- and two-family dwellings only.
B. 
Existing buildings. The Wisconsin Uniform Dwelling Code shall apply to existing buildings and structures as follows:
(1) 
An existing building to be occupied as a one- or two-family dwelling which building was not previously so occupied.
(2) 
An existing one- or two-family dwelling that is altered or repaired when the cost of such alterations or repair during the life of the structure exceeds 50% of the equalized value of the structure. Said value shall be determined by the Assessor of the municipality.
(3) 
Additions, alterations and major equipment replacements for one- and two-family dwellings built prior to June 1, 1980.
A. 
Applicability limited; accessory buildings defined. This section applies to all buildings which are not principal buildings in all zoning districts other than the B-1, B-2, B-3, M-1, M-2, B-P, B-4, P-1, A-B or A-E District; also excluded are the properties shown as having previously been in the A-O Overlay District as set forth on Exhibit A attached hereto and incorporated herein and kept on file in the Town Clerk’s office. Such buildings shall be referred to in this section as "accessory buildings," in lieu of the definition of "accessory building" contained in § 125-3. No property owner shall, within the Town of Vernon, build, construct, use, or place any type of accessory building, including prefabricated accessory buildings, until a building permit has been obtained from the Building Inspector.
[Amended 9-1-2016 by Ord. No. 2016-12]
B. 
Compliance. Accessory buildings shall conform to all requirements of this chapter and also with all current and future applicable codes of the Town of Vernon, Waukesha County, State of Wisconsin and federal government.
C. 
Application and approval.
(1) 
Accessory building application. An application for such an accessory building permit shall be made in writing to the Building Inspector, along with a complete set of building plans and specifications, including a plot plan or drawing accurately showing the location of the proposed accessory building with respect to lot lines, buildings and septic and well locations on the applicant's lot and all buildings on adjacent lots.
(2) 
Building Inspector request for survey. The Building Inspector has the right and may request a plat of survey or certified survey map as well as a stakeout survey of the property indicating offsets and setbacks of both the primary building and proposed accessory building.
(3) 
The Building Inspector shall not issue a building permit for any accessory buildings over 900 square feet until deed restriction is placed on the subject property in a form as approved by the Town Attorney giving notice that the accessory building cannot be used for any commercial or industrial purpose.
(4) 
The Building Inspector shall not issue a building permit for any accessory building that will exceed 3,000 square feet without prior Town Plan Commission approval. A petitioner may submit a written request for the same to the Town Clerk. Upon receipt of such request the Town Clerk shall place the matter on a Town Plan Commission agenda within a reasonable time. The Town Plan Commission shall then consider the following factors: whether the requested building would be consistent with the general intent of this chapter; whether the request, if granted, would adversely affect property owners in the surrounding area; and any other facts that may be relevant to the application. Upon consideration of these factors, but without necessarily making affirmative findings thereon, the Town Plan Commission shall determine whether the accessory building application is objectively reasonable. The Town Clerk shall forward the Town Plan Commission determination to the Town Building Inspector, who shall then issue the permit if the request was granted. Compliance with Subsection C(3) above is also required.
D. 
Location. Detached accessory buildings shall be constructed no closer to any lot line than zoning allows and shall not be constructed in the front yard. The front yard shall be defined as follows:
(1) 
In the case of a lot which abuts one, and only one, existing or proposed public road, the front yard shall be a yard extending across the full width of the lot, the depth of which shall be the minimum distance between the existing or proposed public road and a line parallel thereto through the nearest point of any existing or proposed principal building on the lot.
(2) 
In the case of a lot which abuts more than one existing or proposed public road, the front yard shall be determined in the same manner described in Subsection D(1) above, but only from the existing or proposed public road that the front of the existing or proposed principal building faces.
(3) 
In the event Subsection D(1) and (2) do not describe the particular circumstances of an individual lot, or a dispute arises regarding the proper interpretation or application of the same, the Town Planner and Town Building Inspector shall have the discretion to reasonably determine the location of the front yard on the lot for purposes of this section. If a dispute arises between the Town Planner and the Town Building Inspector, the Plan Commission shall have sole discretion to reasonably determine the front yard on the lot, for the purposes of this section.
(4) 
In this section, a lot shall be considered to abut the existing or proposed road if the lot directly adjoins the road right-of way at any point. Lots which do not abut any public road, which are accessed by private easement, for example, are reviewed on a case-by-case basis pursuant to Subsection D(3) above.
E. 
Quantity and size.
(1) 
Quantity. A parcel shall have no more than two accessory buildings, unless a waiver or modification is granted, pursuant to Subsection I, to allow three or more accessory buildings, with the following exceptions:
(a) 
On parcels of three acres or more in size, more than two accessory buildings may be permitted when the Town Board, upon consideration of a recommendation from the Town Plan Commission, makes all of the following findings:
[1] 
There is one or more rural structures, as defined herein, on the property;
[2] 
Such rural structure(s) is (are) not a nuisance or detriment to the existing neighborhood;
[3] 
The total number of accessory buildings, excluding the rural structure(s), shall not be more than two, unless a waiver modification is granted by the Town of Vernon Plan Commission; and
[Amended 7-7-2016 by Ord. No. 2016-06]
[4] 
The applicable requirements of the Waukesha County Zoning Ordinance are satisfied in all respects, including with regard to floor area ratio.
(b) 
In accordance with Subsection A, agricultural buildings as defined herein are not subject to the limitations of this section.
(2) 
Size. The maximum aggregate square footage of accessory buildings shall not exceed the following aggregate square footage requirements, unless aggregate square footage requirements are waived or modified pursuant to Subsection I:
Minimum Lot Size
Maximum Aggregate Square Footage
Less than 1 acre
900 square feet
1 but less than 2 acres
1,200 square feet
2 but less than 3 acres
1.5% of the lot area or 1,960 square feet, whichever is smaller
3 acres or more
3% of the total lot area of the lot, provided that no individual accessory building (which term excludes agricultural buildings as defined herein) may exceed 3,000 square feet, except upon approval of the Plan Commission pursuant to Subsection C(4)
F. 
Construction standards for detached private garages.
(1) 
Foundations and footings. Detached private garages over 200 square feet must be built with a continuous floating slab of reinforced concrete not less than four inches in thickness, and this reinforcement shall be a minimum of Number 10 six-by-six-inch wire mesh. The slab shall be provided with a thickened grade beam, eight inches wide and eight inches below the top of the slab. The thickened grade beam shall have two Number 4 horizontal reinforcement bars placed at the center. The lower reinforcement bar shall be set two inches above the bottom of the thickened grade beam and the upper reinforcement grade beam shall be set six inches above the bottom of the thickened grade beam. Exterior wall curbs shall be provided not less than four inches above the finished ground grade adjacent to the garage. Bolts 3/8 inch long shall be embedded three inches in the concrete curb of detached garages, eight feet on center.
(2) 
Floor surface. The floor in all detached private garages shall be of concrete construction and sloped toward the exterior garage door or opening.
(3) 
Construction. Detached private garages of wood frame construction shall be constructed with the following requirements:
(a) 
Studs may have a maximum spacing of 24 inches on centers.
(b) 
Diagonal corner bracing shall be installed on both walls at each corner. Diagonal corner bracing may be applied on the inside surface of studs.
(c) 
Corner posts may consist of two two-by-four-inch studs or a single four-by-four-inch stud.
(d) 
Collar beams at the top plate and collar ties in the upper 1/3 of the roof shall be installed with a maximum spacing of 48 inches on center. Collar beams may be two by six inches. Collar ties shall be at least two by four inches per foot. A one-by-six-inch collar tie may be used for roof slopes four inches per foot or greater.
(e) 
Roofs shall be framed in accordance with the applicable requirements of the Administrative Code.
G. 
Construction standards for other detached accessory buildings. Except as described above regarding detached private garages, buildings that are not attached to a principal building on a lot are not required to have concrete slabs or frost-free footings. However, if concrete slabs or frost-free footings are installed they shall comply with Ch. Comm 21, Wis. Adm. Code.
H. 
Compatibility. All accessory buildings shall be constructed in such a way that the exterior appearance is compatible with the principal building on the parcel. The determination of compatibility shall be made by the Building Inspector. If the Building Inspector determines that the proposal is not compatible, the applicant may appeal to the Town Plan Commission.
I. 
Request for waiver or modification. A petitioner may request that the Town waive enforcement or modification of one or more provisions of this chapter dealing with size and location limitations stated in this section as follows:
(1) 
Written request. The petitioner shall submit a written request for a waiver or modification to the Town Clerk. With such request for a waiver or modification there shall be a fee in an amount established from time to time by the Town Board; a copy of the application as submitted to the Building Inspector; a statement specifying the specific provision that the petitioner requests the Town to waive or modify and what, if any, substantial reasons exist for the request for waiver or modification; what, if any, effect the proposed accessory building will have the subject property and adjacent property; and whether or not the proposed accessory building is consistent with the general neighborhood.
(2) 
Procedure. Upon receipt of such request for a waiver or modification, the Town Clerk shall place the matter on a Town Plan Commission agenda within a reasonable time and shall give written notice of the request for waiver or modification, hearing and time to all property owners within 300 feet of the property being discussed.
(3) 
Considerations. The Town Plan Commission shall make a determination which shall include consideration, but not necessarily an affirmative finding, of the following factors:
(a) 
Whether the request for the waiver or modification, if granted, would be consistent with the general intent of this chapter.
(b) 
Whether the request for the waiver or modification, if granted, would adversely affect property owners in the surrounding area.
(c) 
Whether the request for the waiver or modification, if granted, would benefit the petitioner's project in a way that is not inconsistent with the Town's interests.
(d) 
Whether the petitioner is in full compliance with applicable ordinances and agreements with the Town.
(e) 
Whether, instead of granting the request for the waiver or modification, the chapter itself should be changed to accommodate the kind of situation presented by the petitioner.
(4) 
Grant or denial of request for waiver or modification. After considering the above-listed factors and any other factors that may be relevant to the matter, the Town Plan Commission shall then determine whether it is objectively reasonable to grant the request for a waiver or modification. A request for a waiver or modification may be granted without make an affirmative finding concerning any one or more of the above-listed factors if, on the whole, it is objectively reasonable to do so.
(5) 
Past noncompliance not waived. A waiver or modification that is granted pursuant to a written request as described in this section shall not waive or modify any fines, forfeitures or other penalties that may have accrued due to violations of this chapter that took place prior to the date of the request for waiver or modification being granted, unless specifically stated otherwise in the decision of the Town Plan Commission.
(6) 
Deed restriction. If the Town Plan Commission grants a request for a waiver or modification at such time as the request for a waiver or modification is granted, a determination needs to be made by the Town Plan Commission as to whether or not, prior to the Building Inspector issuing a building permit for the same, a deed restriction must be placed on the subject property in a form as approved by the Town Attorney. If the Town Plan Commission grants a request for a waiver or modification and determines that a deed restriction be placed on the subject property prior to the Building Inspector issuing a building permit for the same, a deed restriction must be placed on the subject property in a form as approved by the Town Attorney.
(7) 
Appeal. Any party to a proceeding resulting in a final decision of the Town Plan Commission may seek review thereof by certiorari within 30 days of receipt of the final determination. The court may affirm or reverse the final determination or remand the matter to the Town Plan Commission for further proceeding consistent with the court's decision.
J. 
Use of accessory buildings. No accessory building shall be used for commercial or industrial purposes.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ATTACHED DECK
Any deck which is physically connected to the principal building or accessory structure.
DECK
Any structure which serves as a raised horizontal platform or floor constructed of wood or other materials, without enclosed walls or roof.
DETACHED DECK
Any deck which is not physically attached to the principal building or accessory structure.
B. 
Soil and excavation requirements for deck piers or foundations.
(1) 
No pier shall be placed on soil with 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 side walls of the borings or trench. All organic and loose material must be removed from the cavity area prior to pouring concrete.
C. 
Decks, piers, pads and foundations.
(1) 
In general footings, pads or piers shall be of adequate bearing area to safely distribute all live and dead loads thereon to the supporting soil without exceeding the bearing capacity of the soil.
(2) 
Decks attached to principal buildings. Type and size of concrete pads, piers or foundations:
(a) 
Concrete pads. The minimum depth of a pad shall be 48 inches below grade. The minimum dimensions of this pad shall be eight inches in depth and eight inches in diameter.
(b) 
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 approved mounting bracket is secured at the top surface of the pier(s).]
(c) 
Direct burial wood posts shall be placed on a minimum two inches' nominal thickness treated plate or other approved materials at a uniform depth below grade. Posts shall be treated to the requirements of the American Wood Preservers' Association (AWPA) Standards C2 and C15 for direct soil contact four inches below grade. Posts shall be a minimum of four feet below established grade.
(3) 
Detached decks.
(a) 
Concrete pads shall be provided at a uniform depth below grade with all loose or organic material moved from the pad area prior to placement of concrete. The pad shall have a minimum depth of eight inches thick and eight inches in diameter.
(b) 
Piers. The minimum of eight-inch-diameter concrete piers shall be at a uniform depth below grade.
(c) 
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 at a uniform depth below grade. Posts shall be treated to CCA.40 for direct soil contact.
(d) 
Ground contact framing shall be allowed for decks which are less than 24 inches above grade. 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.
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 loading of 40 pounds per square foot.
(2) 
Column posts.
(a) 
Column spacing. Column posts shall be spaced per Table 21.25-B, 21.25-C and 21.25-D of § Comm 21.25, Wis. Adm. Code, or by engineering method under § Comm 21.02 of the Uniform Dwelling Code, Chs. Comm 20 to 25, Wis. Adm. Code.
(b) 
Column size.
[1] 
All column posts not exceeding six feet in height shall be a minimum of four inches by four inches in nominal thickness.
[2] 
All column posts exceeding six feet in height shall be a minimum of six inches by six inches in nominal thickness.
(c) 
Lateral support. Column posts shall be constructed in such a manner or mechanically attached to the deck foundation to resist lateral movement.
(3) 
Beams.
(a) 
Beam size.
[1] 
Beams, except as otherwise noted in Tables 21.25-B, 21.25-C and 21.25-D of § Comm 21.25, Wis. Adm. Code, or by engineering method under § Comm 21.02 of the Uniform Dwelling Code, Chs. Comm 20 to 25, Wis. Adm. Code, shall be a minimum of two two-inch-thick members or one four-inch-thick member (i.e., two two-by-eight or one four-by-eight).
[2] 
Beams may be spaced on each side of the post provided that blocking is installed a minimum of 24 inches.
(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 board 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 F-2 out of the Uniform Dwelling Code, Chs. Comm 20 to 25, Wis. Adm. Code.
(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 on center.
(b) 
Decking orientation.
[1] 
Decking shall be installed diagonally or at right angles to the joists.
[2] 
Decking shall be centered over joists with cuts made parallel to joists. Not more than two adjacent boards may break joints on the same joist except at ends and at openings.
(6) 
Guardrails and handrails.
(a) 
Guardrails. All decks which are more than 24 inches above grade shall be protected with guardrails.
(b) 
Handrails. Every stairway of more than three risers shall be provided with at least one handrail. Handrails shall be provided on the open sides of stairways.
(c) 
Guardrails and handrails detail.
[1] 
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.
[2] 
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 four inches.
[3] 
Railing loads. Handrails and guardrails shall be designed and constructed to withstand a two-hundred-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 exceeding 3/16 inch in the width of a tread or in the height of risers.
(d) 
Stair stringers shall be supported in accordance with the same manner as used for the deck.
(8) 
Alternative provisions and methods.
(a) 
Wood decks. Wood decks attached to the dwelling shall be constructed to the Uniform Dwelling Code standards listed below:
[1] 
Excavation requirements of § Comm 21.14.
[2] 
Footing requirements of § Comm 21.15(1)(f).
[3] 
Frost penetration requirements of § Comm 21.16.
[4] 
Load requirements of § Comm 21.02.
[5] 
Stair, handrail and guardrail requirements of § Comm 21.04.
[6] 
Decay protection requirements of § Comm 21.10.
No provision in this chapter is intended to prohibit or prevent the use of any alternate material or method of construction not specifically mentioned in this chapter. Approval of alternate materials or methods of construction shall be obtained from the Building Inspector. Requests for approval shall be accompanied by evidence showing that the alternate material or method of construction performs in a manner equal to the materials or method required by this chapter. The Building Inspector may require any claims made regarding the equivalent performance of alternate materials or method to be substantiated by test.
A. 
Tests. The Building Inspector may require that the materials, methods, systems, components or equipment be tested to determine the suitability for the intended use. The Building Inspector will accept results conducted by an independent testing agency which the Building Inspector deems to be reliable, provided that the following described methods are used. The cost of testing shall be borne by the person requesting the approval.
(1) 
The test method used to determine the performance shall be one that is a nationally recognized standard.
(2) 
If no nationally recognized standard exists, past performance or recognized engineering analysis may be used to determine suitability. 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 this chapter for the intended use. The Building Inspector may require tests in accordance with this section.
B. 
Identification of products. All materials shall be identified by the approved label, the grade mark, the trademark or by other approved manufacturer's identification.
The Town Board shall appoint a Building Inspector. The Building Inspector shall have the general management and control of all matters pertaining to building inspection and shall have all the authority, responsibilities and duties provided in the Wisconsin Administrative Code, including but not limited to § Comm 20.06, as amended from time to time, and the IBC, as modified by Ch. Comm 62, Wis. Adm. Code, as amended from time to time.[1]
[1]
Editor's Note: For Ch. Comm 20, see now Ch. SPS 320; for Ch. Comm 62, see now Ch. SPS 362.
The Town Board shall appoint an Electrical Inspector. The Electrical Inspector shall have the general management and control of all matters pertaining to electrical inspection and shall have all the authority, responsibilities and duties provided in the Wisconsin Uniform Dwelling Code, Ch. Comm 20, as amended from time to time, the IBC, as modified by Ch. Comm 62, Wis. Adm. Code, as amended from time to time, and the Wisconsin State Electrical Code, as amended from time to time.
The Town Board shall appoint a Plumbing Inspector. The Plumbing Inspector shall have the general management and control of all matters pertaining to plumbing inspection and shall have all the authority, responsibilities and duties provided in the IBC, as modified by Ch. Comm 62, Wis. Adm. Code, as amended from time to time, and in the Wisconsin State Plumbing Code, as amended from time to time.
[Amended 2-16-2006 by Ord. No. 2006-01; 2-1-2007 by Ord. No. 2007-03; 6-19-2014 by Ord. No. 2014-04]
A. 
Deposit required. No building permit shall be issued by the Building Inspector for construction of a building or construction of an addition to or remodeling of an existing building on any land until after payment of the deposit as set by the Town Board by resolution has been paid by the applicant for such building permit, unless that amount is reduced pursuant to Subsection B of this section. The deposit shall be paid to the Building Inspector at the time an application is made for issuance of the building permit. The Building Inspector shall promptly turn the deposit over to the Town Treasurer.
B. 
Deposit reduction. The Building Inspector may, at the Building Inspector's sole discretion, reduce the bond if the Building Inspector is satisfied that it is unlikely that there will be damage done to the Town roads or to the road ditch adjacent to the property as a result of construction activities and that the grading and landscaping of the premises will be completed, construction debris removed, all applicable ordinances complied with, and occupancy granted, as well as it is unlikely that the building will be occupied prior to the occupancy permit being granted.
C. 
Issuance of occupancy permit when the Wisconsin Uniform Dwelling Code applies.
(1) 
A building, structure, addition, alteration or repair governed by the Wisconsin Uniform Dwelling Code may not be used or occupied until a final inspection has been made which finds that no violations of this code exist that could reasonably be expected to affect the health and safety of the user or occupant. Upon such finding, the Building Inspector shall issue a use or occupancy permit.
(2) 
If no act of noncompliance is found by the Building Inspector, then the Building Inspector shall issue an occupancy permit. If there is minor noncompliance that does not affect health or safety as determined by the Building Inspector, the Building Inspector may issue a temporary occupancy permit for a maximum of 90 days after which time the noncompliance shall either be corrected or the premises shall not be occupied until full compliance is obtained and an occupancy permit is issued. Occupancy may not be taken until an occupancy permit or temporary occupancy permit is issued.
D. 
Issuance of occupancy permit not governed by Wisconsin Uniform Dwelling Code. A building, structure, addition, alteration or repair governed by this chapter but not governed by the Wisconsin Uniform Dwelling Code may not be used or occupied until a final inspection has been made and until the building, structure, addition, alteration or repair is in compliance with all of the requirements of this chapter. Upon such finding, the Building Inspector shall issue a use or occupancy permit.
E. 
Deposit returned, forfeited.
(1) 
Unless forfeited pursuant to Subsection E(2), (3), (4) or (5), the sums deposited shall be retained by the Town Treasurer until written notice is received from the Building Inspector, who shall not authorize a refund of monies deposited until after grading and landscaping of the premises have been established and stabilized (which must be done within one growing season after final occupancy has been granted), the construction site is cleaned of all building materials and debris, all applicable ordinances have been complied with and occupancy has been granted. Occupying the house before occupancy has been granted or failure to complete the final grading or to establish and stabilize landscaping within one growing season of final occupancy being granted will result in forfeiture of all the sums deposited, in addition to any other penalties or other remedies that may apply.
(2) 
In the event damage is done to Town roads or to the road ditch adjacent to the property as a result of construction activities, the deposit shall be used to pay any costs incurred by the Town to repair such damage. In the event the deposit is insufficient to cover all costs incurred by the Town, the property owner shall be liable to the Town for payment of any excess costs, and no occupancy permit shall be issued for the property until such costs are paid.
(3) 
The building permit applicant shall be solely responsible to request return of the deposit required under this section when such applicant believes that the construction of the building or addition or remodeling of an existing building has been properly completed. The deposit shall only be returned to the party that made the deposit unless proof satisfactory to the Town Treasurer is provided that demonstrates that the deposit has been assigned to the claimant.
(4) 
Notwithstanding anything in this § 125-16 to the contrary, the deposit required under this section shall be forfeited in the following situations:
(a) 
An occupancy permit is issued under this chapter but no application for return of the deposit is received by the Building Inspector within two years of the date of the issuance of such occupancy permit; or
(b) 
An occupancy permit is required under this chapter and any of the following are true:
[1] 
No request for an inspection or request for return of the deposit is received by the Building Inspector within two years of the date the permit was issued; or
[2] 
An inspection is requested but no occupancy permit is issued within two years of the date said inspection was performed; or
[3] 
An inspection is requested and an occupancy permit is issued but the final conditions of approval are not satisfied within two years of the date said inspection was performed.
(c) 
No occupancy permit is required under this chapter and any of the following are true:
[1] 
No request for an inspection is received by the Building Inspector within two years of the date of the permit; or
[2] 
An inspection is requested and performed, but no request for return of the deposit is made within two years of the date of said inspection.
(5) 
Any deposit amount forfeited under Subsection E(4) above shall be transferred by the Town Treasurer to the general fund for the Town. Thereafter, no person shall have any claim with regard to the deposit or any part thereof. No such forfeiture shall be construed to constitute a penalty under § 125-33 of this Code or to limit the Town's ability to pursue any remedy provided for under § 1-10 of this Code or applicable state or federal law in the event of a violation of this Chapter 125.
F. 
Time to pay excess costs. The Building Inspector shall give each property owner billed for payment of any excess costs a period of time not to exceed 30 days to pay, and thereafter, if that charge remains unpaid, the Clerk shall automatically charge that delinquent bill against the current or next tax roll as a delinquent tax against the property as provided by law. In the event the statement rendered to the property owner or the time given for the property owner to pay is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll.
G. 
Appeal. Any person who wishes to dispute the amount of refund may contact the Clerk and request to appear before the Town Board at an upcoming regular Town Board meeting and may, at that time, present the matter to the Town Board for resolution. Appeal from the decision of the Town Board shall be by writ of certiorari to the County Circuit Court.
Two sets of building plans shall be submitted to the Building Inspector for any work which expands the size of a building, any new building, or as required by the Building Inspector. If a new building or building addition is proposed, then a plot plan or certified survey map showing such proposed work and existing buildings and property lines shall be submitted. A third set of plans may be requested at the discretion of the Building Inspector for the Assessor.
The Building Inspector shall issue the requested permit after all state, county and local submission requirements are satisfied and additional information as required by the Building Inspector is submitted. If a permit is issued, it shall be posted at the job site in a location visible from the street.
Whenever the Building Inspector determines that any building or structure is so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for habitation, occupancy, or use and so that it would be unreasonable to repair the same, he or she shall order the owner to raze and remove all or part thereof specified by the Building Inspector with Town Board approval. If such unfit structure can be made safe by repairs, it may be so put at the owner's option whether to repair and make safe and sanitary or to raze and remove. Such orders and proceedings shall be as provided in § 66.0413, Wis. Stats.
These standards apply to all structures located in a residential zoned area and to all structures and sites used for residential purposes but zoned for other use.
A. 
Minimum standards. It shall be unlawful for any person to occupy, use, let, or hold out to another for occupancy or use any building, structure or premises which does not comply with the requirements of this chapter, except for structures or uses that are legal nonconforming structures or uses pursuant to the Waukesha County Zoning Ordinance or the Waukesha County Shoreland and Floodplain Ordinance.
B. 
Foundations, exterior walls and roofs. The foundation shall be substantially watertight and protected against rodents and shall be kept in good condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be substantially watertight and weathertight, protected against rodents, kept in good condition and repair and shall be free of deterioration, holes, breaks, loose or rotting boards or timber, and any other condition which might admit rain or dampness to the interior portions of the walls or to the exterior spaces of the dwelling. All exterior wood surfaces shall be protected by paint, stain or other water and weather-resistant treatment. Every roof shall be watertight and weathertight, kept in a good condition and repair and have no dangerous defects. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. All cornices, copings, parapets, moldings, belt courses, lintel, sills and similar projections shall be kept in good repair, free from cracks or defects which make them hazardous or dangerous.
C. 
Windows, doors and hatchways. Every window shall be fully supplied with transparent or translucent window panes which are substantially without cracks or holes, shall be substantially tight and shall be kept in good condition and repair. Windows, other than fixed windows, shall be easily opened and shall be held in position by window hardware. Every exterior door shall fit substantially tight within its frame and shall be kept in good condition. Window and door frames shall be kept in good condition and shall exclude rain and substantially exclude wind from entering the building or structure. Every basement hatchway shall prevent the entrance of rodents, rain and surface drainage water into the building or structure.
D. 
Stairways and porches. Every exterior stairway and every porch and its supports shall be kept in good and safe condition and repair and shall be free of deterioration, with every rail and balustrade firmly fastened and maintained.
E. 
Chimneys. Every chimney and chimney flue shall be in good and safe condition and repair.
F. 
Grading and drainage of lots. Every yard, court, driveway or other portion of the lot shall be graded or drained so as to prevent the accumulation of stagnant water on any such surface. Driveways shall be maintained in good condition and repair.
G. 
Yards. Yards shall be kept substantially clear of debris and shall be provided with adequate lawn or ground cover or vegetation, hedges or bushes.
H. 
Infestation. Every building and structure and all exterior appurtenances on the premises shall be adequately protected against rats, mice, termites, and other vermin. Occupants and operators shall be responsible for the extermination of rodents and vermin from that part of the premises under their exclusive control, except where more than one unit is infested at the same time and in this instance the owner shall also be responsible for extermination of the infestation.
I. 
Refuse, garbage and rubbish storage requirements. Every building or structure shall have adequate refuse, garbage or rubbish storage facilities. Garbage containers shall all have tight covers and shall be kept in place at all times. No occupant shall accumulate rubbish, boxes, lumber, metal or other materials which may provide harborage for rodents or vermin.
J. 
Accessory structures. Every accessory structure shall be kept in good condition and repair, shall not obstruct access of light or air to doors or windows, shall not obstruct a safe means of access to any building or structure, shall not create fire or safety hazards and shall not provide rat or vermin harborage. All accessory structures which are in deteriorated condition and which are not repairable shall be removed.
K. 
Maintenance or property complaint. Complaints alleging a violation of this section shall be commenced by service of written notice of noncompliance upon the property owner, on a form provided by the Town of Vernon.
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 the benefit of the reinforcing.
(a) 
When repairing any portion of a wall that is not near as plumb as possible that portion must be excavated.
(b) 
When the affected repair includes porches or stoops, frost depth to the Uniform Code requirements must be met.
(2) 
The excavated wall must be cleaned and loose parging removed; cracks and parging must be repaired with Type M mortar or equal, and walls made plumb and damp-proofed 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 Building Inspector after which backfill with Number 1 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 3 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 1 washed stone connected to a proper sump with pump or an existing town stormwater system. All exposed bleeders must be open. The sump pit must discharge to grade or be equipped with a pump to discharge water away from the dwelling.
A. 
Demolition permit required. All persons who demolish or cause to be demolished any building or structure or part of a building or structure larger than 400 square feet in floor area within the Town shall apply for and obtain a demolition permit from the Building Inspector prior to undertaking any steps to demolish the building or structure.
B. 
Application.
(1) 
An application for a permit to demolish all or part of a building or structure shall include the following information:
(a) 
The name and address of the owner of the building or structure on date of application and, if different, on date of demolition;
(b) 
The name, address and telephone number of the contractor(s) performing the demolition work;
(c) 
The date upon which demolition is to be commenced;
(d) 
The date by which demolition shall be complete;
(e) 
A list of all hazardous waste and hazardous toxic substances (as defined by the Wisconsin Administrative Code as amended from time to time) contained in the building or structure and a statement as to whether the building contains asbestos (as defined by state statute or the Wisconsin Administrative Code) and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous toxic substances, and asbestos;
(f) 
A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including the description of the route to be used by trucks in hauling the waste);
(g) 
A description of the method of demolition to be used; and
(h) 
A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amounts of dust from the site.
(2) 
Along with the application for permit for demolition, the applicant shall present a release from all utilities serving the property stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.
C. 
Demolition. The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment.
D. 
Clearing and leveling the site.
(1) 
The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform to the adjoining grade of the neighboring property, and, when so graded and leveled, the site shall be seeded, sodded or treated in some other manner acceptable to the Building Inspector so as to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off not later than 30 consecutive days after demolition is completed.
(2) 
Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector, upon notification by the permit holder, the owner or his agent, in writing and upon forms provided by the Building Inspector for that purpose, shall within 72 hours inspect each excavation, or part thereof, before filling any excavation. It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector. Voids in filled excavations shall not be permitted. In the event of the unavailability of the Building Inspector to conduct an inspection within the 72 hours after written notice, the permit holder, owner or his agent may retain the services of a certified, qualified municipal inspection service to obtain an opinion that approves filling of the excavation. Said opinion shall be deemed a sufficient approval by the municipality provided that a written copy of the opinion is delivered to the Town Clerk at least 48 hours before filling of the excavation commences.
E. 
Removal and disposal. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector 72 hours' written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances, and asbestos.
A. 
General. No person shall move any building or structure upon any public right-of-way within the Town unless that person first obtains a building moving permit from the Town Building Inspector. Every permit issued by the Building Inspector for the moving of a building or structure shall designate the route over which the building or structure will be moved, the conditions to be complied with, and the time limit within which said moving operations shall be completed.
B. 
Permit application.
(1) 
Any person applying for a building moving permit shall provide the following:
(a) 
Route to travel through Town.
(b) 
Location of any overhead wires or other utilities which will have to be moved or relocated to accommodate the move.
(c) 
Name, address and telephone number of owner of building or structure and, if different, owner of lot to which building is being moved.
(d) 
Name, address and telephone number of company performing move together with at least two references from prior moves.
(e) 
Exterior elevations of the building or structure and accurate photographs of all sides and views of the same.
(f) 
In the event that it is proposed to alter the exterior of the building or structure, plans and specifications of such proposed alterations.
(g) 
Accurate photographs and site plan of site at which the building or structure is to be located.
(h) 
The appropriate application fee which is set from time to time by resolution of the Town Board.
(i) 
Proof of public liability insurance covering injury to one person in the sum of not less than $500,000 and, for one accident, aggregate not less than $1,000,000, together with property damage insurance in the sum of not less than $500,000, naming the Town of Vernon as additional insured.
(2) 
The requirements of Subsection B(1)(f) and (g) above shall not be required in the event that the building is not to be located within the Town of Vernon.
C. 
Cash deposit. Upon receipt of the permit application, the Town Engineer and/or the Department of Public Works Director shall review the proposed route over which the building will be moved and the conditions of the roads on that route. If the building or structure is to be located upon a site within the Town, the Building Inspector shall also inspect the building or structure at the location from which it is to be moved in order to determine whether the building or structure is in a sound and stable condition and of such construction that it will meet the requirements of the Town Building Code, Zoning Code and all other applicable codes in all respects. The Building Inspector shall also review the plans for improvements and remodeling of the building or structure, if any. The Building Inspector shall then provide his findings in a written report to the Town Plan Commission, including a recommendation from the Town Engineer as to an appropriate cash deposit amount to cover potential damage to Town highways, as well as his findings, in the event the building or structure is to be located within the Town of Vernon, regarding the condition of the building or structure and its conformity or potential conformity to Town codes. The cash deposit shall be returned once the route and structure have been inspected by the Building Inspector and Department of Public Works Director and are declared by these Town officials to be sound and in stable condition.
D. 
Plan Commission review.
(1) 
Upon receiving a report from the Building Inspector, the Plan Commission shall review said report and, if necessary, review the route over which the building or structure will be moved. The Plan Commission shall then set an appropriate cash deposit, which shall not be less than $5,000. Said cash deposit shall be held to secure payment of any costs arising out of any damage to Town highways or other Town property. Said cash deposit shall also secure payment of any costs or other expenses incurred by the Town in connection with any claims for damages to any persons or properties, and the payment of any judgment, together with the costs or expenses incurred by the Town in connection therewith, arising out of the moving of the building or structure for which the permit is issued. The applicant shall also provide the Town with an indemnification agreement, indemnifying the Town from any claims for damages arising out of the moving of the building or structure in question.
(2) 
If the building or structure in question is to be moved and located on a site within the Town of Vernon, the Plan Commission shall also review the plans, photographs and other documents regarding the building or structure together with the Building Inspector's report regarding the same. The Plan Commission shall then determine whether the exterior architectural character and functional plans of the building or structure to be moved, including alterations of any kind, will be so at variance with either the exterior architectural character and functional plans of the buildings or structures already constructed or in the course of construction in the immediate area or in the character of the applicable district established by the Zoning Code so as to cause a substantial depreciation of the property values of the neighborhood within said applicable district. No permit shall be issued unless the Plan Commission makes a finding, by at least a majority vote, that the building or structure will not be at variance with the neighborhood as noted above.
(3) 
If the building or structure is to be located upon a site within the Town of Vernon, the Plan Commission shall also set a separate cash deposit, in an amount not less than $5,000, and in addition to the cash deposit noted in Subsection D(1) above, to secure and insure that the building or structure shall actually be located upon the site and all exterior alterations completed in conformance with the plans, photographs and specifications provided by the applicant. This cash deposit shall be in addition to any applicable ordinances of the Town.
E. 
Issuance of permit. Upon a favorable finding of the Plan Commission, and upon payment of all cash deposit amounts set by the Plan Commission, the Building Inspector shall issue a moving permit. All subsequent moving of the building or structure shall be done pursuant to the terms of the permit and terms of this chapter.
F. 
Continuous movement. The movement of a building or structure pursuant to permit shall be a continuous operation during all hours of the day, and day by day, until such movement is fully completed. All operations shall be performed with the least possible obstruction to thoroughfares. No buildings or structures shall be allowed to remain overnight upon any street crossing or intersection, or so near thereto as to prevent easy access to a fire hydrant or any other public facility. Lighted lanterns shall be kept in conspicuous places at each end of the building or structure during the night.
G. 
Street repair. Every person receiving a permit to move a building or structure shall, within one day after said building or structure reaches its destination, report the fact to the Town Building Inspector, who shall thereupon, in the company of the Town Director of Public Works, inspect the streets and highways over which said building or structure has been moved and ascertain their condition. If the movement of the building or structure has caused any damage to any Town street or highway, the person to whom the permit was issued shall forthwith place them in as good a repair as they were before the permit was granted. Upon the failure of the one who acquires the permit to do so within 10 days after notification from the Town, the Town shall repair the damage done and deduct the costs of any repair from the cash deposit provided under Subsection D(1) above.
A. 
Permit fees. At the time of application for building, electrical, plumbing and/or heating, ventilation and air-conditioning permits, the applicant shall pay the fees required and established through resolution by the Town Board from time to time. The current fee schedule is available from the Building Inspector.
B. 
Additional inspections. In the event that the same building project is necessarily to be inspected by the Town more than twice, the permit holder shall pay a fee to the Building, Plumbing or Electrical Inspector for each inspection exceeding two. No other inspection fee may be charged. The Building, Plumbing or Electrical Inspector appointed by the Town shall not inspect properties in the Town of Vernon for personal gain other than the compensation as set by the Town Board.
C. 
Fees for response to letters of inquiry. The Building, Plumbing or Electrical Inspector appointed by the Town of Vernon shall respond to letters of inquiry from realtors and individuals regarding work orders on a particular property. For such service the Town shall charge a fee per inquiry in an amount established by resolution of the Town Board from time to time. The fee shall be paid to the Town by the person making the inquiry, prior to the Building, Plumbing or Electrical Inspector providing the response.
A. 
Enforcement. All inspections for the purpose of administering and enforcing this chapter shall be performed by the Building, Plumbing, or Electrical Inspector appointed by the Town pursuant to §§ 125-13, 125-14 and 125-15 of this chapter.
B. 
Inspection requests. The owner, applicant or authorized representative shall request inspections of the Building, Plumbing or Electrical Inspector responsible for enforcing this chapter. The inspection shall be performed within two business days after notification. Construction shall not proceed beyond the point of inspection until the inspection has been completed. Construction may proceed if the inspection has not taken place within two business days of notification, unless that time has been extended by agreement reached between the Town or the Town Inspector and the owner, applicant or authorized representative.
C. 
Noncompliance. In the event that the Building, Plumbing or Electrical Inspector responsible for enforcing this chapter determines that the improvement(s) is not in compliance with any of the applicable requirements of this chapter, the Building, Plumbing or Electrical Inspector shall notify the owner and applicant in writing of the violations to be corrected. All violations shall be corrected within 30 days after written notification unless an extension is granted by the Building, Plumbing or Electrical Inspector or the Town Board.
D. 
Inspection appeals. Any person who is aggrieved by a finding or order of the Building, Electrical or Plumbing Inspector may appeal from such finding or order to the Town Board within 20 days after delivery of the written notice of the finding or order. Such appeal shall be in writing, setting forth the finding or order appealed from and the grounds on which the appeal is based. The appeal shall be heard by the Town Board at its next regular meeting. The Town Board, after consideration thereof, shall affirm, reverse or modify the finding or order. The finding or order of the Inspector shall be enforced until reversed or modified by the Town Board. The Town Board, however, cannot grant a variance to state codes.
A. 
Concealed improvement. When an improvement subject to the provisions of this chapter has been made without the owner, applicant or authorized representative calling for an inspection as required by this chapter, and when the Building, Plumbing or Electrical Inspector responsible for enforcing this chapter cannot examine potential health and safety concerns due to the fact that the improvement, or subpart thereof, is concealed and is no longer readily accessible to inspection, the Building, Plumbing or Electrical Inspector shall not issue a use or occupancy permit and shall report such matter to the Town Board.
B. 
Receipt of notice. Upon receipt of a notice of concealed improvements, the Town Board may do one or more of the following:
(1) 
Direct that the use or occupancy permit not be issued. If the premises upon which the improvement lies is not occupied or the improvement has not been used, it may be directed that an occupancy or use permit not be issued.
(2) 
Direct that the use or occupancy permit be discontinued. If the premises upon which the improvement lies is occupied or if the improvement is or has been used, it may be ordered that the occupancy or use be discontinued.
(3) 
Direct that an occupancy or use permit be issued if all of the owners of record of the premises and all of the contractors who constructed the improvement represent in writing and under oath that the improvement has been made in conformity with the requirements of the Code of the Town of Vernon and agree to indemnify and hold harmless the Town, its officers, agents and employees, and their successors and assigns, from all liability arising out of the construction of the improvement and any failure to construct the improvement in conformity with the Code of the Town of Vernon.
A. 
Obtaining a fire address number. The owner or applicant shall provide to the Building Inspector, at the time that a permit for new construction is issued, a receipt verifying the purchase of fire address numbers, at a cost to be determined by the Town Board. The applicant shall install the numbers on a post at a location not in excess of 40 feet from the center of the traveled portion of the adjoining road, and not in excess of 10 feet from the edge of the primary driveway located on the premises, and numbers shall face the road and shall be installed so that the numbers are not more than five feet nor less than four feet from the surface of the existing grade.
B. 
Posting procedure. Newly purchased home numbers must be posted as soon as they are issued. They must be posted in the way prescribed in Subsection A.
A. 
Regulations.
(1) 
Side and rear yards. No person shall erect or construct in the side or rear yards of any lot in a residential district any fence which is over six feet in height from ground level unless a variance is granted from the Plan Commission. For lake lots, the yard on the lake side of the residence shall be considered the rear yard for purposes of this subsection.
(2) 
Front yards, street side. No person shall erect or construct in the front yard of any lots in a residential district any fence which is over four feet in height, except those located within the front yard of a lot at such minimum distance from the base setback line as is established for principal buildings within the zoning district in which such fence is located.
(3) 
Construction. Fences shall be constructed so as to have the decorative side facing the neighboring property and the street and the supportive side facing the inside of the property on which the fence is constructed.
B. 
Administration. The Building Inspector shall be responsible for the administration and enforcement of the provisions of this section.
A. 
Private swimming pools. No person shall construct, install, enlarge, reconstruct or maintain a residential swimming pool not enclosed in a permanent building in the Town except in accordance with the regulations of this section. Those swimming pools that are completely enclosed within a permanent building shall comply with all ordinances, building codes, regulations and statutes applicable, but where a conflict occurs the more restrictive shall apply.
B. 
Permit. No person shall construct, install, enlarge, or alter any private swimming pool unless permits have first been obtained from the Building, Electrical and Plumbing Inspectors. Applications shall be on forms provided by the Building Inspector and shall be accompanied by plans drawn to scale showing the accurate location of the proposed pool on the property, including distances to existing lot lines, buildings and fences, proposed structures or fences, and the location of all underground and overhead electric or telephone lines.
C. 
Fees. The building permit fee and the electrical permit fee for installation of said pool shall be established from time to time by resolution of the Town Board.
D. 
Construction of pool. A private swimming pool shall be constructed in accordance with the following requirements:
(1) 
Distance required. All private swimming pools shall be constructed at the minimum setback and offset requirement for principal buildings located within the zoning district where such swimming pool is located.
(2) 
Conformance with codes. All building, plumbing, electrical and other codes as adopted by the Town Board shall be adhered to in the construction, assembly or operation of a private swimming pool. All electrical work shall be inspected and approved before the Building Inspector issues an occupancy permit.
E. 
Fences. Every private swimming pool, unless completely enclosed in a structure, shall be completely surrounded by a fence or wall not less than four feet in height, but not to exceed six feet in height, which shall be so constructed as not to have openings, holes or gaps which would allow access by unauthorized persons, except for doors or gates. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosures shall be equipped with an inside self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
(1) 
A temporary fence (snow fence, etc.) can be used while said pool is under construction.
(2) 
Aboveground pools with self-provided fencing to prevent unguarded entry will be allowed without separate additional fencing provided that the self-provided fence is of a four-foot minimum required height and design as heretofore specified. Permanent access from grade to aboveground pools having stationary ladders, stairs, or ramps shall not have less than equal safeguard fencing and gates as are provided by the pool proper.
F. 
Water regulations.
(1) 
No direct connection shall be made to the sanitary sewer or septic system.
(2) 
Provisions shall be made for the disinfection of all pool water. No gaseous chlorination shall be permitted.
(3) 
Any exterior bibs to be used in conjunction with the filling of any swimming pool shall have an antisiphoning type valve.
G. 
Electrical regulations.
(1) 
All electrical installations provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the national, state, and local code regulating electrical installations.
(2) 
All electrical installations must be inspected by the Town of Vernon Electrical Inspector, and any electrical work to be covered by concrete, or otherwise, must be inspected prior to being so covered.
H. 
Final inspection. The Building Inspector shall make a final inspection of all newly constructed, installed, enlarged or reconstructed pools and shall issue an occupancy permit if no violation of this chapter or any other ordinance, law, or lawful order is found. No owner shall use, or permit to be used, any such pool until final inspection has been made and an occupancy permit issued.
I. 
Lights. If overhead flood or other artificial lights are used to illuminate a pool at night, such light shall be shielded to be directly upon the pool only.
J. 
Nuisances. No pool shall be so operated or maintained as to create a nuisance or an eyesore or otherwise to result in a substantial adverse effect on neighboring properties or to be in any other way detrimental to the public health, safety or welfare.
K. 
Sanitation. A swimming pool and its appurtenant facilities shall be kept in clean and sanitary condition.
A. 
Variances and special exception.
(1) 
The Plan Commission shall have the power to authorize variances and special exceptions from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(2) 
The Plan Commission decision shall be made within 30 days after the completion of the hearing.
B. 
Appeal.
(1) 
Any person whose application for special exception or variance has been denied by the Plan Commission may file an appeal with the Town Board within 30 days following denial of his/her application. The Town Board shall fix a time for the hearing of the appeal and give public notice thereof by a Class 2 notice under Ch. 985, Wis. Stats., and mailing to the owners of all lands within 300 feet of the applicant's property that is the subject of the application at least 10 days before such public hearing.
(2) 
Requests for appeal shall be presented by petition filed with the Town Clerk. A fee as set by the Town Board by resolution shall accompany all petitions.
(3) 
Each petition shall be referred to the Town Board for review. The Town Board shall make a decision within 30 days.
The Building, Plumbing or Electrical Inspector may issue a stop-work order for a project that is not in compliance with this chapter to prevent further noncomplying work.
This chapter shall not be construed as assuming any liability on the part of the Town, the Building, Plumbing or Electrical Inspector or any other officers or employees of the Town for damages or injuries to anyone or for any property harmed or destroyed by reason of any defect in any building or structure constructed under Town permit.
It shall be unlawful for any person to erect, move, use, occupy or maintain any building or structure or part thereof in violation of any of the provisions of this chapter, or to cause to be permitted any violation of this chapter. Penalties for a violation of this chapter shall be as described in Chapter 1, § 1-10 of this Code.