[HISTORY: Adopted by the Common Council of the City of Mayville 2-13-1989 by Ord. No. 695-89 as Ch. 14 of the 1989 Code. Amendments noted where applicable.]
Moving of buildings — See Ch. 168.
Electrical standards — See Ch. 203.
Erosion control — See Ch. 215.
Fire prevention — See Ch. 223.
Plumbing standards — See Ch. 325.
Sewers and water — See Ch. 355.
Floodplain zoning — See Ch. 410.
Shoreland-wetland zoning — See Ch. 420.
Subdivision of land — See Ch. 425.
Zoning — See Ch. 430.
This chapter shall be known as the "Building Code of the City of Mayville" and shall be referred to in this chapter as "this code."
This code provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and regulates the equipment, maintenance, use and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety, and well-being of persons occupying or using such buildings and the general public.
New buildings hereafter erected in, or any building hereafter moved within or into, the City shall conform to all the requirements of this code except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this code whenever it is used for dwelling, commercial or industrial purposes unless it was being used for such purpose at the time this code was enacted. The provisions of this code supplement the laws of the State of Wisconsin pertaining to construction and use and the Zoning Code of the City and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Zoning Code.
[Amended 3-10-2008 by Ord. No. 1006-2008; 12-9-2019 by Ord. No. 1113-2019]
The Wisconsin Commercial Building Code, Chs. SPS 360 through 365, Wis. Adm. Code, the Flammable and Combustible Liquids Code, Ch. Comm 10, Wis. Adm. Code, the Existing Buildings Code, Chs. SPS 375 through 379, and all amendments thereto are hereby made a part of this chapter by reference with respect to those classes of buildings to which such provisions apply. A copy of said codes is on file in the office of the Building Inspector.
The Wisconsin Uniform Dwelling Code, Chs. SPS 320 through 325, Wis. Adm. Code, and all amendments thereto are hereby made a part of this chapter by reference and shall apply to all new and existing one- and two-family dwellings and all alterations and additions thereto. A copy of said code is on file in the office of the Building Inspector.
The Building Inspector shall have the necessary qualifications required by the State of Wisconsin to determine compliance with applicable state and local building codes relating to the construction of buildings.
The Building Inspector shall be certified by the Wisconsin Department of Commerce to administer and enforce all the provisions of the Wisconsin Uniform Dwelling Code.
General powers and duties. The Building Inspector shall enforce the provisions of this chapter and of all other ordinances and the laws and orders of the State of Wisconsin which relate to building construction and for that purpose may at all reasonable times enter buildings and premises. He may pass upon any questions arising under the provisions of this chapter relating to buildings, subject to conditions contained in this chapter. No person shall interfere with the Inspector while in the performance of the duties prescribed in this chapter. He shall coordinate the activities of the Plumbing Inspector and the Electrical Inspector.
Records. The Building Inspector shall keep a record of all applications for building permits in a book and regularly number each permit in the order of issuance. He shall keep a record showing the number, description and size of all buildings erected during his term of office, indicating the kind of materials used, the cost of each building and the aggregate cost of all buildings of the various classes. He shall keep a record of all inspections made and of all removal and condemnation of buildings. He shall make a annual report to the Council on the above matters.
Appeals. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may, within 20 days thereafter, appeal from such order or ruling to the Zoning Board Appeals, such appeal to be in writing.
Permit required. No building of any kind shall be moved within or into the City and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished or used within the City, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector.
Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector.
Utilities required. No building permit shall be issued for the construction of any residential building until sewer and water are installed and grading and graveling of the street necessary to service the property for which the permit is required are completed. See Chapter 430, Zoning, of this Code.
Plans. With each application there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining roads, highways, streets, alleys, lot lines and buildings. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Commerce, if necessary. One plan shall be submitted which shall remain on file in the office of the Building Inspector. All plans and specifications shall be signed by the designer. Plans for all new one- and two-family dwellings shall comply with the provisions of § Comm 20.09(4), Wis. Adm. Code.
Plat of survey required.
A plat of survey prepared by a registered land surveyor shall be submitted to the Building Inspector showing the location, boundaries, dimensions, elevations, uses and size of the following:
Approval of plans. If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the City and all applicable laws and orders of the State of Wisconsin, he shall issue a building permit, which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the submittal and approval of revised plans. In case adequate plans are presented for part of the building only, the Building Inspector, at his discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building. The finished grade adjacent to all new construction shall be at least one foot above the finished or proposed grade of the center line of the adjacent street unless approval is given by the Building Inspector for a properly designed site plan which adequately addresses drainage and the effect on adjacent properties.
Waiver of plans. If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations, repairs or moving.
Grant or denial of permit. After the receipt of an application and plans required by this section, the Building Inspector shall grant or deny the application within 10 business days.
Minor repairs and alterations. The Building Inspector may authorize minor repairs or alterations which do not change the occupancy area, structural strength, fire protection, exits, light or ventilation of the building without requiring a building permit to be issued. Generally the criteria will be that properties with no structural or exit change do not require permits if less than $1,000 in value.
[Added by Ord. No. 751-91]
Inspection of work. The permittee or an authorized representative shall, in writing or orally, request inspections by the Building Inspector at appropriate times required for the enforcement of this code. The Building Inspector shall perform the requested inspection within 48 hours after notification, except the final inspection. Construction may not proceed beyond the point of inspection until the inspection has been completed, except if inspection has not taken place within 48 hours of notification, excluding Saturdays, Sundays and holidays, unless otherwise agreed upon between the permittee and the Building Inspector.
Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months, or if no significant progress has been made within two construction seasons, from the date of issuance thereof. In any event, all permits shall lapse two years from the date of issuance.
Revocation. If the Building, Plumbing or Electrical Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning or instruction had been issued to him, he shall revoke the building, electrical or plumbing permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work thereunder until the permit is reissued, except such work as the Building, Electrical or Plumbing Inspector may order to be done as a condition precedent to the reissuance of the permit or as he may require for the preservation of human life and safety.
Report of violations. The police or other City officers shall report at once to the Building Inspector any construction which is being carried on without a permit as required by this chapter.
[Added by Ord. No. 849-97]
Permit fees shall be established by Council resolution as necessary. The resolution shall be kept on file in the office of the City Clerk and the office of the Building Inspector.
In all one- and two-family dwellings one smoke detector shall be installed on each floor.
[Amended 6-12-2006 by Ord. No. 985-2006]
Residential detached garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code.
No person shall construct, install or enlarge a residential swimming pool not enclosed in a permanent building in the City except in accordance with the following regulations.
Definitions. For purposes of this section, the following definitions apply:
- CHILD OF TENDER YEARS
- Any child who has not attained the age of 10 years.
- SWIMMING POOL
- Any depression in the ground, either temporary or permanent, or a container of water, either temporary or permanent and either above or below the ground, in which water more then two feet deep is contained and which is used primarily for the purpose of bathing or swimming, except that temporary pools with an area of 150 square feet or less shall not come within the provisions of this section.
Required. No person shall construct, install, enlarge or alter any private swimming pool unless a permit therefor has first been obtained from the Building Inspector.
Application. Application shall be on a form provided by the Building Inspector and shall be accompanied by plans drawn to scale showing the following:
Location of the pool on the lot, distance from lot lines and distance from structures.
Location of underground utilities, including sewer, water, electric, gas, cable television, telephone and any other utility serving the area.
Pool dimensions and volume of water in gallons.
Location and size of fence and gate location.
Existing overhead wiring relative to the proposed pool.
No pool shall be located, erected, or constructed within the street yard of any lot or within 10 feet of any lot line or structure.
No connection shall be made to the sanitary sewer or septic system.
Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Plumbing Inspector and the City Health Officer.
All private swimming pools shall have some filtration system to assure proper circulation of the water and maintenance of the proper bacterial quality.
All private swimming pools of a permanent nature shall have sides and bottoms which are of a smooth finish, and no sand or dirt bottom shall be permitted.
Inspections. All installations of swimming pools, drains or other equipment made under the provisions of this chapter shall be subject to periodic inspections by the Plumbing Inspector and the Health Officer.
Plumbing and electrical requirements.
Pool lights. If overhead flood or other artificial lights are used to illuminate the pool at night, such lights shall be shielded to direct light only on the pool.
Fence requirements. Every person who owns, directly or indirectly, operates, uses, has custody or control of or has the right to use any private swimming pool located in the City shall erect and maintain a fence at least five feet in height or a suitable barrier around the swimming pool of such size and construction as to safeguard a child of tender years and to prevent such child from falling into the swimming pool or shall install and maintain a cover or other protective device over the swimming pool of such design and material that the same can be securely fastened in place and, when in place, shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes.
Use of pool. No pool shall be so operated as to create a nuisance, a hazard or an eyesore or otherwise to result in a substantial adverse effect on neighboring properties.
All materials, methods of construction and devices designed for use in buildings or structures covered by this code and not specifically mentioned in or permitted by this code shall not be so used until approved in writing by the State Department of Commerce. Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Commerce. The data, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Commerce.
[Amended by Ord. No. 918-2001]
Whenever the Building Inspector finds any building or part thereof within the City to be, in his judgment, so old, dilapidated or so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, he shall order the owner to raze and remove it at the owner's expense. Such order and proceedings shall be carried out in the manner prescribed for the razing of buildings in § 66.0413, Wis. Stats. Where the public safety requires immediate action, the Building Inspector shall enter upon the premises with such assistance as may be necessary and cause the building or structure to be made safe or to be removed, and the expenses of such work may be recovered by the City in an action against the owner or tenant.
[Amended 6-10-2019 by Ord. No. 1106-2019]
Permit required. No person shall install a satellite television antenna/dish within the City until a permit is obtained from the Building Inspector.
Application. Application for a permit shall be made on a form provided by the Building Inspector.
Definitions. For the purposes of this section, the following definitions apply:
- SATELLITE TELEVISION ANTENNA/SATELLITE DISH
- An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
- USABLE SATELLITE SIGNAL
- A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
Location and construction requirements.
Subject to setback requirements, in any business, commercial, agricultural or manufacturing zone, such antenna/dish may be located anywhere on the lot or building thereon, except antennas/dishes are not allowed on the front facades of any buildings in the downtown Central Business District.
In a residential zone, subject to the provisions contained herein, such antenna/dish shall be located either in the rear yard of any lot or on the roof.
A ground-mounted antenna/dish shall be located at least five feet from the nearest part of the main building on the same lot and at least five feet from any rear or side property line.
Except in business, commercial, agricultural or manufacturing zones, the antenna/dish shall be located and designed to reduce visual impact from surrounding properties at street level and from public streets.
Not more than one satellite antenna/dish shall be allowed in any residential zone on any lot less than one acre in size.
The antenna/dish shall meet all manufacturer's specifications, shall be on noncombustible and corrosive-resistant materials, and shall be erected in a secure, wind-resistant manner.
Every antenna/dish must be adequately grounded for protection against a direct strike of lightning.
Conditional location. The construction, location, installation and erection of a satellite antenna/dish shall be on a conditional basis, and in the event that said satellite antenna/dish interferes with radio or television reception on adjacent properties, such satellite antenna/dish shall be moved or shielded to eliminate said interference.
Temporary placement permitted. Satellite antennas/dishes may be temporarily located on a lot or parcel for the purpose of testing reception for a period not to exceed 10 days in any calendar year without a permit, provided that the provisions of this section are complied with.
[Added by Ord. No. 829-96]
Foundation footing drains, in all buildings where they are installed, shall terminate in a sump pit as required by § Comm 82.36, Wis. Adm. Code, unless the drains can be connected by means of an approved gravity drain to a storm sewer. The sump pit shall be pumped out with an approved type of sump pump. The sump pump may be of the upright or submersible pattern in design. The sump pump shall be free of all stones, gravel, mud and other debris.
The sump pump discharge pipe shall be a minimum of 1 1/4 inches inside diameter to the termination of the building riser. The building storm sewer shall be a minimum of four inches inside diameter from the main to the building riser and shall be buried at a minimum depth of four feet below grade. The building riser shall be a minimum of four inches inside diameter and extend vertically from the building storm sewer to ground elevation or above at a location near the building. Connection to the riser shall be in compliance with § Comm 82.36, Wis. Adm. Code.
Where a storm sewer is not available, all sump pumps installed for the purpose of discharging clear water from footing drains or other clear water drainage sources shall discharge onto the ground at least three feet away from the building and one foot above the permanent grade of the lot. The sump pump discharge pipe shall be located as directed by the Plumbing Inspector at least three feet from the corner of the building and in such manner that the drainage shall be across the owner's property toward a street or drainage easement so as not to create a nuisance on adjoining properties.
Where there is a permanent drainage ditch on a side of the property, the sump pump discharge pipe may be located on that side of the building as provided in Subsection A(3) above, upon the approval of the Plumbing Inspector.
No sump pump or downspout shall be directly piped or discharged to the street surface.
Combination of sump pumps prohibited. The installation and use of combined sump pumps to receive the drainage from footing drain tiles and basement laundry and floor drain sanitary wastes shall be prohibited.
Materials and installation. The materials and installation methods for building storm sewers, risers and storm drains shall be the same as for building sanitary sewers and drains as specified in the Wisconsin Administrative Code.
Discharge of rainwater. No rainwater shall be discharged from any downspout, cistern, cistern overflow, roof or other drain into the City wastewater system.
This chapter shall not be considered as assuming any liability on the part of the City or any official or employee thereof for damages to anyone injured or for any property destroyed by any defect in any building or equipment or in any plumbing or electric wiring or equipment.
[Added 4-12-2004 by Ord. No. 953-2004]
No person or business shall place on any property in the City of Mayville an outdoor burning heating system. An outdoor burning heating system is described as any structure located outside a residence which burns combustible fuel for the purpose of creating heat for any primary or accessory structure.
[Amended 3-10-2008 by Ord. No. 1006-2008]
Any building or structure hereafter erected, enlarged, altered, repaired or moved or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-4 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter. All work that is commenced prior to obtaining a permit shall be charged double the permit fee.