Chapter 118 Building Construction

General requirement. No building of any kind shall be moved within or into the Village 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, razed or used within the Village, except as herein provided, until a permit therefor shall first have been obtained by the owner or his/her authorized agent from the Building Inspector.

Alterations and repairs. The following provisions shall apply to buildings altered or repaired:

When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Repairs. Work done for purposes of maintenance or replacements in any existing building or structure which does not involve the structural portions of the building or structure or which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance, and which does not increase a given occupancy or use, shall be deemed minor repairs.

Alterations not permitted. When any existing building or structure which, for any reason whatsoever, does not conform to the regulations of this chapter has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and the debris removed from the premises.

Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength, failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.

Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.

Staking. All lots shall be staked, identifying property lot lines, prior to the issuance of any permit for new construction or any building alteration which will change the outer footprint of the existing structure. Neither the Village of New Glarus, the Village Building Inspector nor any Village employee shall be responsible for stakes which improperly mark the property lines.

Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his/her designee and shall state the name and address of the owner of the land and also the owner of the building, if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put and such other information as the Building Inspector may require.

Site plan approval.

All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts, shall require site plan approval by the Plan Commission in accordance with the requirements of § 305-94.

For buildings and geographic areas subject to the Village’s Swiss Architectural Theme requirements, prior approval of plans from the Design Review Committee may also be required before issuance of a building permit. See Chapter 118, Article II for applicable procedures and requirements.

No permit shall be issued by the Building Inspector for alteration, construction, demolition, or removal of a nominated historic structure, historic site, or any property or structure within a nominated historic district from the date of the meeting of the Historic Preservation Commission at which a nomination form is first presented until the final disposition of the nomination by the Historic Preservation Commission or the Village Board, unless such alteration, removal or demolition is authorized by formal resolution of the Village Board as necessary for public health, welfare or safety. In no event shall the delay be for more than 180 days.

Dedicated street and approved subdivision required. No building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision and required improvements are accepted by the Village Board, upon the recommendation of the Plan Commission, except as may otherwise be proscribed by an approved development agreement.

Utilities required.

Residential buildings. No building permit shall be issued for the construction of any residential building until sewer, water, grading and graveling are installed in the streets necessary to service the property for which the building permit is required and a receipt for payment of electrical hookup is presented to the Building Inspector.

Nonresidential building. No building permit shall be issued for the construction of any building other than residential until contracts have been let for the installation of sewer, water, grading and graveling in the streets necessary to service the property for which the building permit is requested.

Certificate of occupancy. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property, and a certificate of occupancy shall not be issued until such utilities are available to service the property.

Plans. With each building permit application, there shall be submitted two complete sets of plans and specifications and if required a digital copy, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of proposed structure (to Village datum), grade of finished first floor and of the street abutting lot, grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest buildings on same side of street), type of monuments at each corner of lot, watercourses or existing drainage ditches, easements or other restrictions affecting such property, seal and signature of surveyor or a certificate signed by the applicant and a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site, and floodplain and wetland if any. Plans, specifications and plot plans shall be drawn to a minimum scale of 1/8 inch to one foot (fireplace details to 3/4 inch to one foot). One set of plans shall be returned after approval as provided in this chapter and shall be kept at the construction site. The second set shall be filed in the office of the Building Inspector. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. 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, and accessory and existing buildings as provided under § 118-3, shall also comply with the provisions of Chs. SPS 320 through 325, Wis. Adm. Code.

Waiver of plans; minor repairs.

Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, he/she may waive the filing of plans for alterations, repairs or moving, provided the cost of such work does not exceed $2,000.

Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure, or to heating, ventilating or air-conditioning (HVAC) systems installed therein, valued at less than $250, as determined by the Building Inspector, and which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, lighting or ventilation of the building or structure, without issuance of a building permit.

Approval of plans.

If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, he/she shall issue a building permit which shall state the use to which said building is to be put and 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 written consent of the Building Inspector.

In case adequate plans are presented for part of the building only, the Building Inspector, at his/her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building. Work shall be completed only on a part(s) of a building for which a building permit has been granted.

Inspection of work.

The builder shall notify the Building Inspector when ready for inspections, and the Building Inspector shall inspect within two business days, or such longer period if agreed by the applicant, after notification at the following states of construction, or fewer if approved by the Building Inspector:

After the placement of forms, shoring, and reinforcement of footings and foundations, but before placement of footing materials;

Before foundation backfilling, where below-grade drain tiles, waterproofing, or exterior insulation is required;

After the installation of any temporary electrical, plumbing, or HVAC services to serve the construction project or the remainder of the building during construction;

After underground and in-floor rough plumbing, electrical, and HVAC equipment is installed, but before the ground is filled or flooring material is installed;

After framing of the building and installation of electrical, rough plumbing, and HVAC equipment, but before insulation installation;

After insulation and vapor barrier are installed and all other rough inspections have been performed;

After completion of all permitted work (i.e., final inspection).

Effect of Village inspections. Construction may proceed beyond each point of inspection only once inspection has been completed, the Building Inspector has approved the work in writing, and any required state inspections have been performed.

If the Building Inspector has completed the final inspection and finds that the work conforms to the provisions of this chapter, and other applicable chapters of the New Glarus Municipal Code, and applicable Wisconsin Statutes and Administrative Code, he/she shall issue a certificate of occupancy which shall contain the date and the result of such inspection, a duplicate of which shall be filed in the office of the Building Inspector.

Temporary occupancy authorized. The Building Inspector may permit the temporary occupancy of any building prior to issuance of a certificate of occupancy, where he/she determines that undue hardship would otherwise result; premises will be safe and sanitary; and to the extent practical the project complies with the permit, this and other applicable chapters of the New Glarus Municipal Code, and applicable Wisconsin Statutes and Administrative Code. When allowing temporary occupancy, the Building Inspector shall indicate in writing the duration of such occupancy, not exceeding 120 days, before full compliance with this chapter and the permit is achieved and a permanent certificate of occupancy is issued. If there is failure to achieve full compliance before the expiration of the temporary occupancy permit, occupancy shall cease until full compliance is achieved.

Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within 24 months from the date of issuance thereof.

Revocation of permits.

The Building Inspector may revoke any building, plumbing or electrical permit, certificate of occupancy, or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:

Whenever the Building 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 or certificate of occupancy refuses to conform after written warning has been issued to him.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Whenever the continuance of any construction becomes dangerous to life or property.

Whenever there is any violation of any condition or provisions of the application for permit, permit, approval, or certificate of occupancy.

Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.

Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications, or plot plan on which the issuance of the permit or certificate of occupancy was based.

Whenever there is a violation of any of the conditions of a permit, approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.

The notice revoking a building, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his/her agent, if any, and on the person having charge of construction.

A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.

After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulations of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the associated permit may be performed or such work as he/she may require for the preservation of life and safety.

Report of violations. Village officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter. Violations shall be enforced per § 118-18.

Display of permit. All permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.

§ 118-3 State Uniform Dwelling Code.

State code. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. SPS 320 through 325, Uniform Dwelling Code, Wis. Adm. Code, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation of one- and two-family dwellings in this Village. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Village Building Inspector's office

Other applicable buildings.

Uniform Dwelling Code Chs. SPS 320 through 325 shall also apply to the following buildings and conditions:

An existing building to be occupied as a one- or two-family dwelling, which building was not previously so occupied.

An existing building used as a one- or two-family dwelling that is altered or repaired.

A new accessory building to a one- or two-family dwelling, and an existing residential accessory building to a one- or two-family dwelling that is altered or repaired.

Other buildings as listed in § SPS 320.02, Wis. Adm. Code.

Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 118-2 of this chapter shall also apply.

Roof coverings. Whenever more than 25% of the roof covering of a building is replaced in any twelve-month period, all roof covering shall be in conformity with applicable sections of this chapter.

Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY BUILDING

A building that meets the following criteria:

Is subordinate to and serves a principle structure and/or principal use;

Is subordinate in area, extent, and purpose to the principal structure or use served;

Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this chapter or Chapter 305; and

Is customarily incidental to the principal structure or use. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.

ADDITION

New construction performed on a dwelling which increases the outside dimensions of the dwelling.

ALTERATION

A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.

DEPARTMENT

The State of Wisconsin Department of Safety and Professional Services.

DWELLING

Any building, the initial construction of which is commenced on or after the effective date of this article which contains one or two dwelling units; or

ONE- OR TWO-FAMILY DWELLING

An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.

MINOR REPAIR

Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior aesthetic appearance and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed "minor repair."

A building structure which contains one or two separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household to the exclusion of all others.

PERSON

An individual, partnership, firm or corporation.

UNIFORM DWELLING CODE

Those Administrative Code provisions and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:

Chapter SPS 320, Administration and Enforcement.

Chapter SPS 321, Construction Standards.

Chapter SPS 322, Energy Conservation.

Chapter SPS 323, Heating, Ventilating and Air Conditioning.

Chapter SPS 324, Electrical Standards.

Chapter SPS 325, Plumbing.

Method of enforcement.

Certified inspectors and duties. The Building Inspector and his/her delegated representatives are hereby authorized and directed to administer and enforce the provisions of this chapter, including the Uniform Dwelling Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63(1)(a), Wis. Adm. Code.

Appointed subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Village Board.

Powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his/her agent while in performance of his/her duties.

§ 118-4 State Building, Plumbing and Electrical Codes.

Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Inspector shall keep a record of all applications for building permits in a book for such purpose and shall regularly number each permit in the order of its issue. The Inspector shall also keep a record showing the number, description and size of all buildings erected, indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings.

Portions of State Building Code adopted. Chapters SPS 320 through 325, Uniform Dwelling Code, Wis. Adm. Code, are hereby adopted and made a part of this chapter and apply to those classes of buildings listed under §§ 118-2 and 118-3. Any future amendments, revisions and modifications of said Chapters 320 through 325 incorporated herein are intended to be made a part of this chapter.

State Plumbing Code adopted. Chapter 145, Wis. Stats., and Chs. SPS 381 through 387, Wis. Adm. Code, are hereby made a part of this chapter by reference and shall extend over and govern the installation and inspection of all plumbing installed, altered or repaired in the Village, subject to any exceptions set forth in this chapter. Any further amendments, revisions and modifications of said Wisconsin Statute and Administrative Code herein are intended to be made part of this chapter.

State Electrical Code. Chapter 101, Wis. Stats., and Ch. SPS 316, Electrical Code, Wis. Adm. Code, are hereby made part of this chapter by reference a and shall extend over and govern the construction and inspection of all electrical systems installed, altered, or repaired in the Village, subject to any exceptions set forth in this chapter. Any further amendments, revisions and modifications of said Wisconsin Statute and Administrative Code herein are intended to be made part of this chapter.

Conflicts. If, in the opinion of the Building Inspector and the Village Board, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the Village shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this chapter.

§ 118-5 Electrical permits.

Requirement. No electrical wiring or other equipment shall be installed without first securing an electrical permit therefor from the Building Inspector, except that repairs or replacements of broken or defective sockets, switches or base receptacles may be made without an electrical permit.

Application. The application for an electrical permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made, and equipment and materials to be used, and all later deviations from such plan must be submitted to and approved by the Building Inspector.

Inspection. After roughing the wiring of any building and before any such work is covered up, or upon completion of any outside wiring construction work, it shall be the duty of the person doing the work to notify the Building Inspector who shall inspect the same within 48 hours during the normal work week. An inspection shall also be made when the service entrance is installed. Upon completion of such wiring, the Inspector shall be notified and shall inspect the finished work. If he/she finds that the work conforms to the State Electrical Code, he/she shall issue a certificate of compliance which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed by location in the office of the Building Inspector. It shall be unlawful to use any such electrical equipment until such certificate has been issued.

§ 118-6 Plumbing permits.

Requirement. No plumbing or drainage of any kind shall be installed or altered, except that leakage or stoppage repairs may be made, without first securing a plumbing permit therefor from the Building Inspector.

Application. The application for such plumbing permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made, and equipment and materials to be used. All later deviations from such plan must be submitted to and approved by the Building Inspector.

Licensed plumber. All plumbing work shall be done only by a plumber licensed by the State of Wisconsin, except that a property owner may make repairs or installations in a single-family building owned and occupied by him/her as his/her home, provided that a plumbing permit is issued and the work is done in compliance with the provisions of this chapter.

Inspection. Upon completion of the plumbing work on any premises the person doing such work shall notify the Building Inspector before such work is covered up, and the Building Inspector shall, within 48 hours during the normal work week, inspect the work. Laterals shall be inspected as far as practicable within two hours after notice is given. If he/she finds that the work conforms to the State Plumbing Code, he/she shall issue a certificate of compliance which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed by location in the office of the Building Inspector. It shall be unlawful to use any plumbing or drainage until it has been inspected and approved.

§ 118-7 New methods and materials.

All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the Department for use in buildings or structures covered by applicable Wisconsin State Building Codes, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.

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 Department. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Department.

§ 118-8 Unsafe buildings.

Whenever the Building Inspector and Village Board find any building or part thereof within the Village to be, in their judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and in such condition that it would be unreasonable to repair the same, they shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 118-9 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the Village. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed, a guarantee. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to all inspections under this chapter: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."

§ 118-10 Utility and storage buildings.

As used in this section, the following terms shall have the meanings indicated:

UTILITY AND/OR STORAGE BUILDING

A structure which is accessory or subordinate to the principal or main building on a parcel or lot and which is used, designated or intended for the protection, shelter and enclosure of property.

Specifications. No person shall erect, construct, place, locate, add to, enlarge, improve, structurally alter or convert a nonportable utility or storage building upon a lot or parcel within the Village of New Glarus without having fully complied with the following specifications:

A building permit is required regardless of cost.

The framing for support and strength of the utility building must be sufficient to render the building suitable for use for storage purposes, in the discretion of the Building Inspector.

§ 118-11 Razing buildings.

No building within the Village of New Glarus shall be razed without a razing permit from the Building Inspector. The applicant is responsible for obtaining any required county, state, or federal permits for razing and related activities, such as the proper form for notification of demolition and/or Renovation and Application for Permit Exemption with the Wisconsin Department of Natural Resources. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.

Each razing permit issued by the Building Inspector shall specify the following:

The person or firm who is permitted to raze the building.

Present location of the building, by address and parcel number.

Site or plot plan prepared by the applicant indicating the exact placement of the building on the site.

Executed insurance certificate per Subsection C, except where waived under that subsection.

The date or timeframe within which the razing will occur.

Approved method of razing, and any conditions associated with approved method.

(7)

Instructions for the discontinuance of gas, electrical, sanitary sewer, and water services.

(8)

The right of the Village to stop the razing operation if it becomes apparent that damage beyond that intended, with reasonable probability, will ensue if the operation is continued.

(9)

Other conditions as determined reasonable by the Building Inspector to meet the purpose of this article or this chapter.

Prior to the issuance of a razing permit, the applicant shall file with the Building Inspector a certificate of professional, commercial liability, personal injury, and property damage insurance for the person or firm razing the building in amounts determined by the Village Attorney and listing the Village as an additional named insured. Such insurance shall not be canceled or reduced before the razing is complete. The Inspector may waive this insurance requirement in the event he/she determines that the risk to the public and damage to other properties is negligible and the building is set back from all property lines at least 10 feet or a greater distance equal to its height.

At least 30 days prior to the commencement of razing, the permittee shall notify in writing all public and private utilities with services to the building of the proposed razing, requesting instructions for the discontinuance of such services. As provided by such instructions or otherwise by law, the permittee shall discontinue all such services, remove all meters and regulators, and cap and close any well and private on-site waste treatment system, prior to the commencement of building razing to the extent possible. All sewer and water laterals shall be located and sealed at a point outside the foundation line, with the plug or seal not be covered until inspected and approved by the Building Inspector.

The razing of the principal building from a lot shall require the permittee to raze or relocate all accessory buildings and structures on that same lot, unless relocation is proposed to accommodate a new principal building on the same lot with construction commencing within six months of relocation. Should construction of such new principal building not actually be commenced in such timeframe, upon order of the Building Inspector such accessory buildings and structures shall be immediately razed by the permittee or by the property owner at the time.

Restoration of razed site. The permittee shall:

Immediately upon building demolition, erect adequate barriers to guard any exposed excavation caused by the demolition from being a safety hazard, unless the excavation is immediately filled per Subsection F(2).

Within 30 days following building demolition:

Haul all debris away at the end of each week for the work that was done during that week.

Haul away all combustible material.

Not burn any materials on the site of the razed building.

Take all necessary steps, by use of water spraying or other appropriate means, to eliminate an excessive amount of dust particles in the air.

Take all necessary steps, prior to and during the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building so as to prevent the spread and migration of rodents and insects.

If not completed removed, break up basement floor slab to allow free vertical drainage.

If not completely removed, excavate all basement walls to a point four feet below finish grade.

(h)

Verify that all utilities, openings, pipelines, drains, and similar have been properly capped and otherwise discontinued, and complete any remedial action to complete such discontinuance.

(i)

Fill all basements, crawl spaces, and other excavated areas and voids resulting from the building demolition to at least one foot above finished grade. All fill shall be granular material free from debris and organic material, placed in layers of 12 inches or less, and compacted to not less than 95% of Modified Proctor (ASTM D-1557).

(j)

Grade the excavation and all other disturbed areas to not greater than a 3:1 slope.

(k)

Spread a layer of arable topsoil capable of supporting perennial grasses over the disturbed area to a minimum depth of four inches, and install silt fence, silt socks, or other measures to ensure proper erosion control.

(l)

Seed the site with a perennial grass capable of survival in climate zone six and water and otherwise maintain until the grass is established.

On the failure of the permittee to perform any of the above actions, the Village may instead perform said action(s), charging the permittee or property owner for the full cost of such action(s) and may assess the costs as a special charge pursuant to § 66.0627 Wis. Stats.

Inspections. Each permittee shall, within 24 hours after the razing has occurred and within 24 hours after seeding the razed site per Subsection F, report such actions to the Building Inspector. The Inspector shall thereupon inspect the site and direct any remedial action required to ensure compliance with this article and the permit. The Building Inspector may inspect the site at any other time to verify compliance.

§ 118-12 Basements; excavations.

Basement subflooring. First floor subflooring shall be completed within 60 days after the basement is excavated.

Fencing of excavations. The owner of any premises on which there exists an opening or excavation which is located in close enough proximity to a public sidewalk or street right-of-way as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four feet high between such opening or excavation and the public right-of-way.

Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than three months shall be deemed abandoned and a nuisance, and the Building Inspector shall order that, unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith, suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and publishing in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Village Board from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0703, Wis. Stats.

§ 118-13 Discharge of clear waters.

Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, or drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump, or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.

Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, or drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the Village and to the protection of the property.

Stormwater. All roof drains, surface drains, or drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged in a manner as will not constitute a nuisance as defined herein and consistent with Chapter 260 of the Municipal Code.

Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary and consistent with Chapter 260 by the Village Engineer or Director of Public Works to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.

Conducting tests. If the Building Inspector or his/her designated agent suspects an illegal clear water discharge as defined by this chapter or by any other applicable provision of the Wisconsin Administrative Code or Chapter 260 of the Municipal Code as they may, from time to time, be amended, he/she may, upon reasonable notice and at reasonable times, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists.

§ 118-14 Service connections.

Each unit of a ground-floor dwelling unit shall have separate water and sewer service entrances.

§ 118-15 Moving buildings.

General requirements.

No person shall move any building or structure upon any of the public ways of the Village of New Glarus without first obtaining a moving permit therefor from the Building Inspector and upon the payment of the required fee.

Contents of Moving Permit. Each moving permit issued by the Building Inspector shall specify the following:

The person or firm who is permitted to move the building.

Present location of the building, and location to which it is permitted to be moved, by municipality if outside of the Village or address and parcel number inside the Village.

Site or plot plans prepared by the applicant indicating the exact placement of the building at its present and proposed locations, where inside the Village.

The exterior appearance of the building as provided by the applicant, either through photographs if the building is not proposed for change or building elevations drawn to a recognized scale and indicating all exterior materials and colors if changes are proposed.

The route proposed to be used for the relocation, including the street segments to be traversed and crossed and the entrance and egress routes within all applicable sites in the Village.

A bond per Subsection F and insurance per Subsection G.

The date or timeframe within which the relocation will occur.

(h)

Instructions for the discontinuance of gas, electrical, sanitary sewer, and water services at the current location if in the Village.

(i)

The right of the Village to stop the moving operation if it becomes apparent that damage, with reasonable probability, will ensue if the operation is continued.

(j)

Other conditions or modifications as determined reasonable by the Building Inspector to meet the purposes of this article and chapter.

At least 30 days prior to the commencement of moving, the permittee shall notify in writing all public and private utilities with services to the building of the proposed relocation, requesting instructions for the discontinuance of such services. As provided by such instructions or otherwise by law, the permittee shall discontinue all such services, remove all meters and regulators, and cap and close any well and private on-site waste treatment system prior to the commencement of building relocation to the extent possible. All sewer and water laterals shall be located and sealed at a point outside the foundation line, with the plug or seal not be covered until inspected and approved by the Building Inspector.

The relocation of the principal building from a lot shall require the permittee to raze or relocate all accessory buildings and structures on that same lot, unless relocation is proposed to accommodate a new principal building on the same lot with construction commencing within six months of relocation. Should construction of such new principal building not actually be commenced in such timeframe, upon order of the Building Inspector such accessory buildings and structures shall be immediately raised by the permittee or by the property owner at the time.

A report shall be made by Village employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Village, shall be paid to the Village Clerk-Treasurer prior to issuance of the moving permit.

Issuance of a moving permit shall further be conditioned on approval of the moving route by the Village Public Works Director.

Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day and at night, until such movement is fully completed. All such operations shall be performed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant or any other public facility. Lights shall be kept in conspicuous places at each end of the building during the night.

Street repair. Every person receiving a moving permit to move a building shall, within one day after said building reaches its destination, report that fact to the Building Inspector, who shall inspect the streets, highways, curbs and gutters, and trees in the route over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to any street or highway, the person to whom the moving permit was issued shall forthwith place them in as good repair as they were before the moving permit was granted. On the failure of the said permittee to do so within 10 days thereafter to the satisfaction of the Village Board, the Village shall repair the damage done to such streets and hold the person obtaining such moving permit and the sureties on his/her bond responsible for the payment of same.

Restoration of site from which building is moved.

The permittee shall, at any site in the Village from which a building has been moved:

Immediately upon building relocation, erect adequate barriers to guard any exposed excavation caused by the removal of the building in the Village from being a safety hazard, unless the excavation is immediately filled per Subsection D(1)(b).

Within 30 days following building relocation:

[1]

Remove all rubble, rubbish, and other debris from the excavated area and other locations on the site to a licensed solid waste disposal facility or another site that will allow the deposit of such materials under all state and Village laws, ordinances, and regulations.

[2]

If not completely removed, break up the basement floor slab to allow free vertical drainage and excavate all basement walls to a point four feet below finish grade.

[3]

Verify that all utilities, openings, pipelines, drains, and similar have been properly capped and otherwise discontinued, and complete any remedial action to complete such discontinuance.

[4]

Fill all basements, crawl spaces, and other excavated areas and voids resulting from the building relocation to at least one foot above finished grade. All fill shall be granular material free from debris and organic material, placed in layers of 12 inches or less, and compacted to not less than 95% of Modified Proctor (ASTM D-1557).

[5]

Grade the excavation and all other disturbed areas to not greater than a 3:1 slope.

[6]

[7]

Seed the site with a perennial grass capable of survival in climate zone six and water and otherwise maintain until the grass is established.

On the failure of the permittee to perform any of the above actions, the Village may instead perform said action(s), drawing from the performance guarantee or otherwise charging the permittee or property owner for the full cost of such action(s).

Conformity with chapter. No moving permit shall be issued to move a building within or into the Village and to establish it upon a location within the said Village until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this chapter in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he/she shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this chapter and that, when the same are completed, the building as such will so comply with said chapter. In the event a building is to be moved from the Village to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.

Bond.

Before a moving permit is issued to move any building over any public way in the Village, the party applying therefor shall give a bond to the Village of New Glarus in a sum to be fixed by the Building Inspector and which shall not be less than $1,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Village Board or its designated agent conditioned upon, among other things, the indemnification of the Village for any costs or expenses incurred by it in connection with any claims for damages to any persons or property and the payment of any judgment together with the costs and expenses incurred by the Village in connection therewith arising out of the removal of the building for which the moving permit is issued.

Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.

Insurance. The Building Inspector shall require, in addition to the said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $100,000 and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.

Inspections. Each permittee shall, within 24 hours after the relocation has occurred and within 24 hours after seeding the site in the Village from which the building was relocated per Subsection D, report such actions to the Building Inspector. The Inspector shall thereupon inspect the site(s), inform the Public Works Director so that he or she may perform duties under Subsection C, and direct any remedial action required to ensure compliance with this article and the permit. The Building Inspector may inspect the site(s) in the Village at any other time to verify compliance.

§ 118-16 Fees.

Fees for building permits shall be as established by resolution of the Village Board.

Failure to obtain permit. No one may begin work prior to obtaining the required a permit(s) under this chapter. Double permit fees shall be charged if work is begun prior to the issuance of a permit and triple fees shall be charged if the permit is not obtained within two business days, excluding the day of service, after the service of a citation for failure to obtain a permit by any person so authorized to issue citations under this chapter.

§ 118-17 Severability.

If any section, clause, provision or portion of this chapter or of the Wisconsin Administrative Code adopted by reference is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.

§ 118-18 Violations and penalties.

Unlawful building, structure or use. Any building or structure hereafter erected, enlarged, altered, repaired, partially razed, 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 Village Board and Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair, razing, or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in Chapter 1, General Provisions, § 1-5 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 or other Village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctive order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.

Notification of noncompliance; time period for correction; additional penalties.

If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, where applicable, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § SPS 320.21(3), Wis. Adm. Code, for applicable buildings.

If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his/her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected

Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this chapter shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code, where applicable.

If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code, where applicable, is commenced prior to the issuance of a the associated permit, additional fees shall be charged pursuant to § 118-16B.

Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Zoning Board of Appeals, following the appeal requirements and procedures outlined in § 305-101 of the Code.

Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the Village of New Glarus charged with the enforcement of this chapter shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this chapter. Any suit brought against any officer, agent or employee of the Village as a result of any act required or permitted in the discharge of his/her duties under this chapter shall be defended by the legal representative of the Village until the final determination of the proceedings therein.

Article II Swiss Architectural Theme

[Added 5-7-2024 by Ord. No. 24-03[1]]

[1]

Editor's Note: This ordinance also repealed former Art. II, Swiss Architectural Theme, as amended 7-1-2003 by Ord. No. 03-04 and 9-20-2005 by Ord. No. 05-05.

§ 118-19 Purpose and theme.

Purpose. This article directs the design of new buildings and the remodeling of existing buildings in specified parts of the Village and for specified types of buildings in § 118-20, in accordance with an "Old World Swiss Village" theme. The provisions of this article are designed to promote and advance New Glarus' long-standing and renowned theme, and thereby contribute to the cultural character, aesthetic beauty, economic health, and tourism growth of the Village.

Intended theme. Applicable buildings in applicable locations shall follow the design of historic non-residential and larger-scale multiple-family building architecture in Switzerland. Old World Swiss villages have a distinctive look and are immediately recognizable by the predominating low-angle rooflines and other typical architectural details and materials. Building form is rectangular or combinations of rectangles.

§ 118-20 Applicability.

Applicable types of buildings and locations. Except as exempted in Subsection B, this article is applicable only within the Swiss Design Overlay District established and mapped under § 305-24.1 of this Code, to the construction of all new principal and accessory buildings, and to the substantial alteration or remodeling of the exteriors of such buildings. "Substantial alteration or remodeling" shall be defined as either:

An alteration or remodeling within any twenty-four-month period, the total cost of which equals or exceeds 60% of the assessed value of that building at the time the alteration or remodeling is proposed, as determined by the Zoning Administrator from information provided by the applicant. Such costs shall include all interior and exterior changes, and shall include but not be limited to electrical, mechanical, plumbing, and structural changes.

An exterior alteration or remodeling where three or more exterior elements of the building are altered within any twenty-four-month period, including but not limited to doors, windows, wall finish, paint, roofing material, and structural changes. Each door, window, or other item shall count as one element. Visible exterior structural changes, including but not limited to removal or addition of walls, roof framing, and/or additions, shall count as two elements.

Exclusions. This article does not apply to:

Any building outside of the Swiss Design Overlay District.

Any single-family dwelling, two-family dwelling, and their accessory structures.

Any public works building, public utility building, or associated structure.

Any building that is either currently identified or in the process of being designated an historic building and as such subscribes to all the rules and regulations identified in § 16-10, Historic Preservation Commission, of this Code.

Applicability to large and small buildings. Very large warehouse or market-type buildings, as well as small buildings, pose special challenges in meeting the design theme in § 118-19B and design details in § 118-23. Such buildings are not exempt, but this article includes allowances applicable to such buildings.

Applicability of other regulations. The terms, provisions, and requirements of this article shall be in addition to and not in lieu of applicable requirements in any other ordinance, statute, or regulation governing construction, building, or zoning.

§ 118-21 Design Review Committee.

Appointment. The Design Review Committee, hereinafter "Committee," shall consist of five individuals appointed by the Village President, subject to Village Board confirmation, at the annual organizational meeting. Members shall serve staggered three-year terms of office.

Composition. Individuals serving on this Committee shall have varied backgrounds, with an effort to include representation from architectural design and building trades, local business, and historians.

§ 118-22 Design review process.

Optional pre-application review. Each prospective applicant is may submit preliminary concepts, descriptions, and/or building elevation sketches prior to submitting a formal application as described below. This optional step provides an opportunity to review the intent of the proposed project and the impact of this article before engaging in detailed architectural design and a complete application. The prospective applicant or Zoning Administrator may elect to engage the Committee in this review, or limit it to a Village staff review.

Submittal of application.

Completeness evaluation. The applicant shall submit an application for design review to the Zoning Administrator. The application shall not be placed on a Committee agenda as an action item unless the application is certified as complete by the Zoning Administrator. The review of an application for completeness shall occur within five working days of application submittal, or else the application shall be considered complete. The Zoning Administrator shall notify the applicant of the date and time of the applicable Committee meeting, if Committee review is required.

Required contents. The applicant shall provide the Zoning Administrator with a complete application, including an easily reproducible electronic copy plus hard copies in a quantity directed by the Zoning Administrator. Except as otherwise allowed below or with the express approval of the Zoning Administrator, each complete application shall include the following information:

A completed application on a form provided by the Zoning Administrator.

A scaled site plan or plot plan of the proposed building, or the existing building plus the proposed addition, with proper relation to property lines, parking and driveway areas, accessory buildings and structures on the lot, and principal buildings on adjacent lots.

Elevation drawings, drawn to a recognized architectural scale, of proposed building(s), additions, or substantial alteration or remodeling modification of existing building(s) including:

[1]

All wall- and roof-mounted mechanical equipment, including details for screening.

[2]

All exterior lighting and signage. If specific tenants are not yet known, signable areas shall instead be indicated. No indicated sign or signable area shall interfere with any architectural feature, including flowerboxes and flowers. All signage must meet the requirements of Chapter 305, Article VII, Signs, of this Code. All lighting must meet the requirements of Chapter 305, Article XVIII, Exterior Lighting Plans and Standards.

[3]

All finished exterior treatments, including but not limited to roofing and siding materials.

[4]

Materials and colors for all finishes, paint, or other materials to be used or applied on all exterior walls, trims, windows, and doors.

[5]

For murals, signs, or other decorative details, a detail sheet or colored rendering of the design.

[6]

Adequate labels provided to clearly depict exterior materials, texture, color, and overall appearance.

Contemplated date of commencement and completion of such construction.

Any other information required by the Zoning Administrator to enable proper evaluation of the application against the requirements of this article.

Any required application fee per the fee schedule approved by the Village Board.

An agreement to reimburse the Village for any consultant fees required for Village review of the application.

Action on application.

By the Committee. Except as provided in Subsection E(2), the Committee shall, between 10 and 60 days of submittal of a complete application, approve the application as presented, approve the application with conditions, or reject the application including reasons for rejection, unless this time frame is extended by written or electronic agreement of the applicant. The Zoning Administrator shall notify the applicant of such action in writing.

By Zoning Administrator. For the following types of projects only, the Zoning Administrator instead of the Committee shall, within 30 days of submittal of a complete application, approve the application as presented, approve the application with conditions, or reject the application including reasons for rejection, unless this time frame is extended by written or electronic agreement of the applicant.

Repainting an already-painted building a similar color. Proposed use of a color that the Zoning Administrator determines is different from a color originally approved by the Committee shall require approval by the Committee.

Replacing original building materials with like materials.

Installing or replacing awnings, signage, lighting, or mechanical equipment.

Restoring architectural details, features, or materials documented to have originally existed on the building or site.

Notification. The Zoning Administrator shall notify the applicant of his or her or the Committee's action in writing.

Appeal process. In the event the Committee denies an application, conditions its approval of an application in a manner that the applicant finds objectionable, the applicant may, within 30 days of the written notification of action, file a written appeal with the Zoning Administrator, including the specific decision or conditions being appealed, the rationale for the appeal, and the applicant's proposal for addressing the matter(s) of concern. The Zoning Administrator shall provide the written appeal, the written action being appealed, and all application materials to the Village Clerk, and all minutes, findings, recommendations or other written memoranda pertaining to the application for which the appeal is taken. The Clerk shall place the appeal on the agenda of the next scheduled Village Board meeting. The Village Board may grant or deny the relief requested by the appellant or may modify the decision of the Committee. In the event the appeal is to an action of the Zoning Administrator under Subsection E(2), the appeal shall instead be to the Committee. The Clerk shall notify the applicant of the Board's or Committee's action under this Subsection F in writing.

Building permit and deposit.

Upon receipt of written notification of approval per Subsection E or F, and satisfaction of all required approval conditions, the applicant may apply for a building permit under Chapter 118, Article 1, unless exempted from a building permit under that article. No work on an approved application may commence until a building permit is issued, unless the project is exempted from a permit. No building permit may be issued until the Zoning Administrator verifies that said permit is for a project that was approved under Subsection E or F, including satisfaction of all applicable approval conditions that can be satisfied prior to the commencement of construction.

With the building permit application, for projects requiring Committee approval (or Board approval on appeal), the applicant shall provide a deposit to be held by the Village and refunded upon completion of the project authorized by the building permit in accordance with such approval and applicable provisions of this article, or upon applicant request if the authorized work is not completed within 24 months of building permit issuance in which case such approval shall be voided. Such deposit shall be equal to 10% of the construction value of the project, or 5% for projects valued at more than $100,000, but in no case shall greater than a $20,000 deposit be required.

Occupancy criteria. New and modified buildings approved under this section shall not be occupied or opened for business or leasing until the approved exterior design features of that building are finished in accordance with the approval and applicable provisions of this article. The Zoning Administrator may provide a deferral on full completion for not more than six months, provided that the reason for deferred completion is due to weather or other circumstances beyond the control of the owner, and may require adequate assurance that the work will be fully completed within the deferral period, which may include continuing to hold all of some of the deposit required under Subsection G(2).

Relationship to other zoning approval processes. The project for which an application is filed may also require site plan, conditional use permit, rezoning, sign permit, and/or other zoning and other approvals from the Village. Such actions, and the processes and committees to consider them, are separate from the design review process under this article.

§ 118-23 Design review criteria.

Generally. The Committee, in acting on an application for a design review in accordance with § 118-22C(1), shall utilize the criteria in this § 118-23. These criteria are intended to guide for prospective builders of representative Swiss design features that have proven effective on applicable buildings in the Village and elsewhere. The criteria are not intended to be exhaustive; the Committee may address design features not included among the criteria set forth below, provided they are consistent with the purpose and intended theme in § 118-19. The Zoning Administrator, in acting on an application or a design review in accordance with § 118-22C(2), shall utilize the criteria in this § 118-23 to the extent he or she considers practical and appropriate to the nature of the project and building.

Design elements.

Roof design elements. The single most defining shape of Swiss architecture is the pitched roof with expansive overhangs, regardless of building size. The original function was to hold snow and keep falling snow, ice, and melt away from the building. Pitched roofs shall meet the following standards:

Shall be be integral to building design.

Roof overhang length of 3 1/2 to 5 1/2 feet, except where otherwise allowed by the Committee based on building scale or other relevant factors.

Roof pitch shall be aesthetically pleasing in relation to the building, as determined by the Committee.

Avoid partial pitched roofs where visible from the street to prevent a "false-front" look.

Tile, simulated tile, standing seam metal, high-profile asphalt shingles, and heavy shakes are acceptable roofing materials. Standard overlap metal, plain shingles, and profile-less asphalt shingles are not acceptable.

Acceptable colors are red, brown, green, or gray earth tones. No galvanized metal color shall be used.

Rain gutters, downspouts, and heat tapes required for all eaves. No plastic downspouts shall be in contact with heat tape. No drainage permitted onto sidewalks.

Exposed support beams. Exposed support or lookout beams shall be incorporated and meet the following standards:

Lookout beams shall be scrolled or have decorative a face plate. Scroll-sawed ends or decorative, protective end caps shall be used. Scrolling shall be traditional rococo, baroque, or folk designs.

Lookout beams shall not extend beyond the building fascia.

Exterior wall materials. All exterior walls that are visible from the public street or other spaces frequented by the public, such as adjoining parking lots or active use parks, shall meet the following material standards:

Desirable wall material design combines the use of both stucco and wood, or similar synthetic or composite products approved by the Committee.

Stucco, or durable synthetic products designed to resemble stucco in the determination of the Committee, shall be finished with batten-covered joints.

Battens over six inches in width should have a thickness of 1 1/2 inches or more so as to minimize the chances of cupping and warping.

Wood, or durable composite products designed to resemble wood in the determination of the Committee, shall typically be incorporated on the upper level of the wall.

Prohibited exterior wall materials or methods include metal siding, half-timbering, and concrete block of any type.

Entryways. Primary entryway doors shall be constructed of wood, stucco/wood combinations, or durable synthetic materials designed to resemble wood or stucco approved by the Committee. Color of overhead and service doors shall match surrounding wall color. Arched doorways and entryways are recommended.

Windows. All windows that are visible from the public street or other spaces frequented by the public, such as adjoining parking lots or active use parks, shall meet the following material standards:

Glazed (transparent) windows shall be used, rather than artificial or painted windows.

Shall be recessed, at least on the main level, to give a sense of mass to the construction.

Unadorned windows are prohibited.

Muntins, mullions, or grids providing the appearance of a multi-paned window shall be incorporated.

Decorative or functional shutters shall be included, except in locations where there is painted, decorative window trim, in the determination of the Committee.

Flower boxes shall be provided on appropriate windows along the front building wall, and along other building walls that are adjacent to a public street in the determination of the Committee. Flower boxes shall be attached to sills.

Serving windows shall be provided with at least an eight-foot setback to outdoor, privately owned staging areas. Serving windows shall not open directly onto public sidewalks or other public rights-of-way.

(h)

Arched window shapes are encouraged.

Balconies. If present, balconies shall be composed of traditional Swiss design elements, including heavy beam supports, scrolled decorative balusters, and flower boxes attached to railings. Architectural balconies not intended for actual use should have an apparent means of access, such as a door, false door, or large window.

(7)

Trim and accents. Trim shall be the least of the design elements, not the focus of the design. Decorative and/or multiple profile scrollwork may be incorporated. Stone may be used in rectangular linear forms for accents, particularly at wall corners. Prohibited stone and stone-like materials include river rock, concrete block (split face), and irregular stone slabs.

(8)

Colors.

White or off-white is the predominant stucco color. Pastels are acceptable but only with white or off-white accents on stucco trim. Bold and bright colors are prohibited.

All wood trim (including beams, fascia, and siding) shall be stained, usually with transparent wood-tone stain. Opaque stain or painted may be acceptable in rare occassions. Hunter green and other accent colors may be used for shutters and flower boxes.

(9)

Decorative painting, artwork, and murals.

Decorative designs may be included on exterior walls and/or around openings.

Wall corners may be painted to simulate rectangular stone.

Three-dimensional painting is encouraged around windows and doors when shutters are not present. Classic as well as rococo designs should be used.

(10)

Mechanical equipment. All mechanical and utility equipment, such as heating and air-conditioning equipment, air-handling ducts, and compressors, garbage receptacles and dumpsters, and outside fuel containers shall be screened from public view. False balconies, railings, and parapet walls may be utilized for screening as long as they do not detract from the desired theme in § 118-19B.

(11)

Small buildings. The Committee may modify the criteria in this § 118-23 for permanent single-story buildings, such as roadside stands, bratwurst stands, and accessory buildings, that are under 160 square feet in floor area. No such building shall detract from the required theme per § 118-19 B, with overall design being rustic in nature. In particular:

Roof design and materials shall resemble that of themed larger building(s) on the site, with extensive overhangs front and back and more modest overhangs on the sides.

May have all-wood outside wall construction. If all-wood siding is used, the siding must be tongue-and-groove cedar, pine, or squared log construction. Plywood siding is prohibited. Usually the siding is applied horizontally. Natural wood-tone stains predominate in Switzerland with little or no painting of the trim.

Most of the ornate features are scrolled trim with window shutter cutouts.

Other design reference materials. This subsection includes materials that may also be utilized by the Committee in its decision making, and by the applicant in developing appropriate building designs.

Context. The applicant and Committee shall also consider the compatibility of the proposed exterior design with the existing Swiss-themed buildings that are visible from the proposed site.

Published resources. The applicant and Committee may also consult the following and similar publications for examples and design elements to incorporate into buildings. Copies of these publications and similar related reference works are available at the New Glarus Public Library.

Bavern in Bildeern. Illustrations of Bavaria. Munchen, L. Muller (1971).

Hauser in den Alpen, by Viktor Proksch. Pinquin Verlag, Innsbruck und Umschau Verlag, Frankfurt A.M. (1964). (This book is also available in an English/French version.)

Bemalte Fassaden, by Margarete Baur-Heinbold. Verlag Georg D.W. Callway, Munchen (1975).

Bayern = Bavaria = La Baviere: e. Bildbd, von Otto Siegner. Munchen-Pullach: Simon (1975).

Wohnen im Alpenland, by S. Staffa. Verlag, Kitzbuhel.

Berner Bauernhauser, by Roland Fluckiger-Seiler.

Schweizer Bauernhauser, by Max Gschwend.