[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.]
GENERAL REFERENCES
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.[1]
[Amended 3-10-2008 by Ord. No. 1006-2008; 12-9-2019 by Ord. No. 1113-2019]
A.
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.
B.
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.
B.
Qualifications.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
Application. Application for a building permit shall
be made in writing upon a form furnished by the Building Inspector.
C.
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.
D.
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.
E.
Plat of survey required.
(1)
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:
F.
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.
G.
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.
H.
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.
I.
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]
J.
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.
K.
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.
L.
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.
N.
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.
A.
CHILD OF TENDER YEARS
SWIMMING POOL
Definitions. For purposes of this section, the following
definitions apply:
Any child who has not attained the age of 10 years.
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.
B.
Permit.
(1)
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.
(2)
Application. Application shall be on a form provided
by the Building Inspector and shall be accompanied by plans drawn
to scale showing the following:
(a)
Location of the pool on the lot, distance from
lot lines and distance from structures.
(b)
Location of underground utilities, including
sewer, water, electric, gas, cable television, telephone and any other
utility serving the area.
(c)
Pool dimensions and volume of water in gallons.
(d)
Location and size of fence and gate location.
(e)
Existing overhead wiring relative to the proposed
pool.
C.
Construction requirements.
(1)
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.
(2)
No connection shall be made to the sanitary sewer
or septic system.
(3)
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.
(4)
All private swimming pools shall have some filtration
system to assure proper circulation of the water and maintenance of
the proper bacterial quality.
(5)
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.
D.
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.
E.
F.
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.
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.[1]
[Amended 6-10-2019 by Ord. No. 1106-2019]
A.
Permit required. No person shall install a satellite television antenna/dish
within the City until a permit is obtained from the Building Inspector.
B.
Application. Application for a permit shall be made on a form provided
by the Building Inspector.
D.
SATELLITE TELEVISION ANTENNA/SATELLITE DISH
USABLE SATELLITE SIGNAL
Definitions. For the purposes of this section, the following definitions
apply:
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in planetary orbit.
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.
F.
Location and construction requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Not more than one satellite antenna/dish shall be allowed in any
residential zone on any lot less than one acre in size.
(7)
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.
(8)
Every antenna/dish must be adequately grounded for protection against
a direct strike of lightning.
G.
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.
H.
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]
A.
Requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
No sump pump or downspout shall be directly piped
or discharged to the street surface.
B.
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.
C.
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.
D.
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.
