Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
There is hereby created the Department of Building Inspection. The Building Inspector, appointed by the municipality, shall act as head of this Department.
A. 
Duties. The Building Inspector is vested with the authority and responsibility to enforce all laws controlling safe building construction. He shall make periodic inspection of existing public buildings to determine their safety. He shall make inspections at the site of buildings damaged, by any cause whatsoever, to determine the safety of buildings affected thereby.
B. 
Rights. The Building Inspector, or his authorized agent, shall have the power and authority, at all reasonable hours, for any proper purpose, to enter upon any public or private premises and make inspection thereof and to require the production of the permit for any building, plumbing, electrical or heating work being done or the required license therefor. No person shall interfere with or refuse to permit access to any such premises to the above-described representatives of the municipality while in the performance of their duties.
C. 
Records. There shall be kept, in the Department of Building Inspection, a record of all applications for building permits in a book for such purpose, and each permit shall be regularly numbered in the order of its issue. Also, 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 buildings in the various classes, shall be kept. There shall be kept, in the Department of Building Inspection, a record of all inspections made and of all removal and condemnation of buildings and a record of all fees collected showing the date of their receipt. The Building Inspector shall make a written annual report to the governing body of the municipality relative to these matters.
A. 
Permits required. No building or structure, or any part thereof, shall hereafter be built, enlarged, altered or demolished within the municipality or moved into, within or out of the municipality except as hereinafter provided, unless a permit therefor shall first be obtained by the owner or his agent from the Building Inspector. Permits required are as follows:
(1) 
Building.
(2) 
Air conditioning. See § 756-34A(2).
(3) 
Wrecking or razing.
(4) 
Heating.
(5) 
Moving of buildings.
(6) 
Occupancy.
(7) 
Reroofing and residing.
(8) 
Other permits as required by governing municipality.
B. 
Application for permits. Application for a building permit shall be made in writing upon a blank form to be furnished by the Building Inspector, by the owner of the subject property, the owner's agent who shall provide proof of such agency to the satisfaction of the Building Inspector, or a person having a legal and enforceable right to procure title or interest in the property as would allow the right to build thereon. With such application, there shall be submitted to the Building Inspector three complete sets of plans, specifications and three copies of a survey. A building permit shall be issued to an individual or entity who has acquired title in the property.
(1) 
Survey. The survey shall be prepared and certified by a surveyor registered by the State of Wisconsin; shall be made, in no case, prior to one year prior to the issuance of a building permit; and shall bear the date of the survey. The certified survey shall also show the following:
(a) 
Location and dimensions of all buildings on the lot, both existing and proposed.
(b) 
Dimensions of the lot.
(c) 
Dimensions showing all setbacks to all buildings on the lot.
(d) 
Proposed grade of proposed structure, to city or village datum.
(e) 
Grade of lot and of road opposite lot.
(f) 
Grade and setback of adjacent buildings. If adjacent lot is vacant, submit elevation of nearest buildings on same side of the road.
(g) 
Type of monuments at each corner of lot.
(h) 
Watercourses or existing drainage ditches.
(i) 
Seal and signature of surveyor.
(j) 
A clear delineation of the private property line adjacent to the Village right-of-way.
(2) 
Plans and specifications. All plans and specifications must be drawn at a scale that adequately illustrates all of the required information in sufficient detail to demonstrate code compliance, to the satisfaction of the Village staff reviewing the application, on paper or cloth in ink, or by some other process that will not fade or obliterate, and shall disclose the existing and proposed provisions for water supply, sanitary sewer connections and surface water drainage. All dimensions shall be accurately figured. Drawings that do not show all necessary detail shall be rejected.
(a) 
A complete set of plans for residential construction shall consist of:
[1] 
All elevations.
[2] 
All floor plans.
[3] 
Complete construction details.
[4] 
Fireplace details (3/4 inch per foot) showing cross-section of fireplace and flues.
[5] 
Plans of garage when garage is to be built immediately or location of garage when it is to be built at a later date.
(b) 
All plans shall remain on file in the office of the Building Inspector until at least one year after the completion of the building, after which time the Building Inspector may return the same to the owner, may keep them for public record or may destroy them.
C. 
Waiver of some requirements. At the option of the Building Inspector, plans, data, specifications and survey need not be submitted with an application for permit to execute minor alterations and repairs to any building, structure or equipment, provided the proposed construction is sufficiently described in the application for permit.
D. 
Seal of registered engineer or architect. All plans, data and specifications for the construction of any building or structure or for any construction in connection with existing buildings and structures, other than one- and two-family residences, containing more than 50,000 cubic feet, total volume, submitted with an application for permit shall bear the seal of the registered architect or engineer. The plans shall also be stamped as approved as required by the Department of Safety and Professional Services of the State of Wisconsin. Such building or structure shall be constructed under the supervision of an architect or engineer who shall be responsible for its erection in accordance with the approved plans. No permit shall be granted for such structure unless such construction will be under the supervision of an architect or engineer, as required by the Wisconsin Statutes. A written statement to this effect shall be filed by the architect or engineer, with the Building Inspector, with the application for permit.
E. 
Drainage.
(1) 
Grading of lots.
(a) 
A drainage plan is required:
[1] 
For applications for the construction of a new principal building;
[2] 
For applications for land disturbing activity requiring a permit that affects the surface area of 4,000 square feet or more;
[3] 
For applications for land disturbing activity (other than tree removal) on the face of a ravine bluff or lake bluff;
[4] 
For all circumstances where a fill permit is required pursuant to Chapter 272 of this Code; and
[5] 
When required by the Village in particular cases due to particular concerns arising in the application.
(b) 
The plans shall show the present and proposed grades of the lot on which it is proposed to erect the building for which a building permit is sought and of the immediately adjoining property in sufficient detail to indicate the surface water drainage before and after the completion of grading. No permit shall be issued if the erection of the building and the proposed grade shall unreasonably obstruct the natural flow of water from the surface of adjoining property or obstruct the flow of any existing ravine, ditch, drain or stormwater sewer draining neighboring property, unless suitable provision is made for such flow by means of an adequate ditch or pipe, which shall be shown on the plans and shall be constructed so as to provide continuous drainage at all times. The plan shall include a pre- and postdevelopment flow analysis which must address all of the following issues:
[1] 
Flows off the property in the two-, ten-, and one-hundred-year storm events in both conditions.
[2] 
If there will be fill brought to the site, where the excavated soils will be stockpiled until grading activities occur; also, if soils will be delivered to the site and stockpiled prior to grading, identify these locations.
[3] 
Identify the cuts and fills on the property.
[4] 
Identify the depth and width of flows at the property line, in both conditions.
[5] 
Identify how the stormwater that drains toward the road will be tied into the Village system.
(2) 
Stormwater drains. No dwelling shall be erected nor shall existing provisions for conveyance of water from the roof of any dwelling be altered or replaced unless provision is made to convey water from the roof of the dwelling in such a manner that such water will not, directly or indirectly, pass thence into the sanitary sewer system. No stormwater or surface water drains may be connected with the sanitary sewer system, whether installed above or below the surface of the ground.
F. 
Building Inspector to issue permit.
(1) 
If the Building Inspector finds that the proposed building will comply in every respect with this chapter, other municipal ordinances, and all laws of the State of Wisconsin, and lawful orders issued pursuant thereto, he shall issue a building permit. 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, except with the written consent of the Building Inspector filed with such application.
(2) 
In case adequate plans are presented, the Building Inspector, at his discretion, may issue a permit for a part of the building before receiving the plans and specifications of the entire building. It shall be unlawful to commence work on any building or alteration before the building permit has been issued. The issuance of a permit upon the plans and specifications shall not prevent the Building Inspector from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of any ordinances of the municipality or laws of the State of Wisconsin or lawful orders issued pursuant thereto.
(3) 
For the construction of buildings requiring approval of the Department of Safety and Professional Services of the State of Wisconsin, no permit shall be issued until such approved plans are received by the Building Inspector.
G. 
Inspector may revoke permits.
(1) 
The Building Inspector may revoke any permit, occupancy permit 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:
(a) 
Whenever there is a violation of any regulation of this chapter or of any other ordinance, law or lawful orders or Wisconsin Statute relating to the same subject matter.
(b) 
Whenever the continuance of any construction becomes dangerous to life or property.
(c) 
Whenever there is any violation of any condition or provision of the application for permit or of the permit.
(d) 
Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
(e) 
Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data, specifications or certified lot or plot plan on which the issuance of the permit or approval was based.
(f) 
Whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of any new materials, equipment, methods of construction devices or appliances.
(2) 
The notice revoking a permit, occupancy permit or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his agent, if any, and on the person having charge of construction.
(3) 
A revocation placard shall also be posted upon the building structure, equipment or premises in question by the Building Inspector.
(4) 
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 regulation of this chapter.
H. 
Fees. Before receiving a building permit, the owner or his agent shall pay the applicable fee as described in Chapter 63 of this Code. In applying the provisions of this chapter in respect to new work, existing buildings, alterations and repairs, the physical value of the work shall be determined by the Building Inspector on the basis of current costs or as otherwise provided in the local ordinance.
I. 
Expiration and renewal.
[Added 5-14-2013 by Ord. No. 2013-03]
(1) 
Permit expiration. Permits that are subject to the Wisconsin Administrative Code SPS Chapter 320 shall expire as described therein. All other permits shall expire 24 months from the date of issuance of the permit, unless a shorter duration is prescribed by other applicable laws or ordinances. All work depicted in the approved plans shall be completed prior to the expiration of the permit, except as follows. The Building Inspector may extend in writing the duration to no later than June 1 following the expiration date, for the sole purpose of completing exterior seeding, sodding, planting and related site work depicted in the approved plans, in the event the Building Inspector finds that weather conditions unreasonably inhibit or prevent completion of such work during the term.
(2) 
Permit renewal. In the event the work is not completed as required prior to the expiration of the permit, the permit may be renewed pursuant to this subsection if all of the conditions and requirements of this subsection are satisfied. The permit holder must apply for renewal prior to the expiration of the permit, or within 30 days following the expiration of the permit. The renewal application must be for completion of the same work, with the same plans, as was initially approved when the initial permit was issued; unless such initial plans were later revised and approved by all applicable authorities of the Village, in which case the renewal application shall be for completion of the revised work and revised plans, as previously approved by the Village. The fee described in Chapter 63 of this Code shall be paid for the renewal permit, except that the amount shall be calculated based upon the work that remains to be done, not based upon all of the work contemplated by the initial permit application. No more than one renewal permit may be granted for any project. The Village Building Inspector may grant renewal permit applications upon finding that the conditions of this subsection are satisfied, without conducting further review or referral of the matter, and in particular, the review and referral contemplated by Chapter 19, Article II, Building Board, of this Code shall not apply to a renewal application under this subsection. All conditions imposed on the initial permit shall carry forward and apply to the renewal permit, even if not specifically stated therein. The Building Inspector may impose reasonable conditions upon any renewal permit granted pursuant to this subsection, including, but not limited to, conditions designed to ensure that all exterior site work and exterior structure work on the project is promptly completed, and conditions designed to eliminate or reduce any adverse impacts of the construction project on surrounding properties.
A. 
A weatherproof card, signed by the Building Inspector, indicating the permit has been issued shall be posted at the job site during construction. After issuance of a building permit, the approved plans shall not be altered unless any proposed change is first approved by the Building Inspector as conforming to the provisions of this chapter.
B. 
The building permit shall become void unless operations are commenced within four months from the date thereof or if the building or work authorized by such permit is suspended at any time after work is commenced, for a period of 60 days. The period of time may be extended by the Building Inspector if the delay was due to conditions beyond the control of the applicant.
C. 
Before any work is commenced or recommenced after the permit has lapsed, a new permit shall be issued at the regular fee rate. In any event, all work shall be completed within 18 months from the date of issuance of the permit.
A. 
General. No person shall move any building or structure upon any of the public rights-of-way of the municipality without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken, the conditions to be complied with and shall limit the time during which said moving operations shall be continued.
B. 
Moving damaged buildings. No building shall be repaired, altered or moved within or into the municipality that has deteriorated or has been damaged by any cause (including such moving and separation from its foundation and service connections in case of moved buildings) 50% or more of its equalized value and no permit shall be granted to repair, alter or move such building within or into the municipality.
C. 
Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day, and day by day and at night, until such movement is fully completed. All of 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. Lighted lanterns shall be kept in conspicuous places at each end of the building during the night.
D. 
Street repair. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report the fact to the Building Inspector, who shall thereupon in the company of the Director of Public Works/Village Engineer inspect the streets and highways 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 permit was issued shall forthwith place them in good repair as they were before the permit was granted. On the failure of the said permittee to do so within 10 days thereafter to the satisfaction of the governing body, said body shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his bond responsible for the payment of same.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Conformance with chapter. No permit shall be issued to move a building within or into the municipality and to establish it upon a location within said municipality 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 Building Code 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 shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that when same are completed, the building, as such, will so comply with said Building Code. In the event a building is to be moved from the municipality to some point outside of the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.
F. 
Bond.
(1) 
Before a permit is issued to move any building over any public way in this municipality, the party applying therefor shall give a bond to the municipality 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 governing body or designated agent conditioned upon, among other things, the indemnification to the municipality 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 or expenses incurred by the municipality in connection therewith, arising out of the removal of the building for which the permit is issued.
(2) 
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 falling into such excavation by 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.
G. 
Insurance. The Building Inspector shall require, in addition to 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.
H. 
Plan Commission or other assigned board or commission.
(1) 
No such permit shall be issued unless it has been found as a fact by the Plan Commission of the municipality by at least a majority vote, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and views of the same and in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by the zoning ordinances of the municipality or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation in the property values of said neighborhood within said applicable district. In case the applicant proposes to alter the exterior of said building after moving the same, he shall submit, with his application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the municipality's Plan Commission, which shall not be less than $1,000, to be executed in the manner provided in Subsection F hereof to the effect that he will, within a time to be set by the Plan Commission, complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the municipality. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2) 
Upon application being made to the Building Inspector, he shall request a meeting of the Plan Commission to consider applications for moving permits which he has found comply, in all respects, with all other ordinances of the municipality. The Plan Commission may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, giving such notice of hearing as they may deem sufficient. Such hearing may be adjourned for a reasonable length of time and within 48 hours after the close of the hearing, the Plan Commission shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of the Clerk/Treasurer, who shall send a copy of it to the Building Inspector.
A. 
The Building Inspector is hereby authorized to act for the municipality under the provisions of § 66.0413, Wis. Stats., relating to the razing of buildings and all acts amendatory thereof and supplementary thereto. The Municipal Clerk/Treasurer is authorized to place the assessment and collect the special tax as therein provided.
B. 
Before a building can be demolished or removed, the owner or agent shall notify all utilities having service connections within the building, such as water, electric, gas, sewer and other connections. A permit to demolish or to remove a building shall not be issued until it is ascertained that service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner. Excavations shall be filled with solid fill to match lot grade within five days of removal of the structure. Any excavation shall be protected with appropriate fences, barriers and/or lights.
A. 
Notification. Upon notification from the permit holder or his agent, required inspections of the construction of any buildings, structures or equipment shall be made as follows:
(1) 
Inspection to determine if the location on the premises is in compliance with approved certified lot or plot plan of the premises and the terms of the permit.
(2) 
Inspection to determine if the construction of footings as to thickness, width, placing of reinforced steel, if required, and foundation walls is in compliance with approved plans, data and the terms of the permit. Recertification of the footings and foundation location and elevation shall be provided to the Building Inspector prior to pouring concrete.
(3) 
Inspection of all wall, floor and roof framing, fire stopping and bracing, when completed, and of all pipes, chimneys, ventilating and other ducts, shafts and equipment, when in place but before any such work is covered, enclosed or concealed by other construction.
(4) 
Inspection prior to laying concrete for basement floor to inspect subgrade, drain tile and forms.
(5) 
Final inspection. Upon the completion of any building, structure, equipment or construction for which a permit was issued and before the same is occupied or used, a final inspection shall be made by the Building Inspector and until such building, structure or equipment is in compliance with all the requirements of this chapter and terms of the permit, no occupancy shall be maintained. If the construction conforms to the requirements of this chapter, an occupancy permit shall be issued.
B. 
Coordinated inspections. All provisions of the laws and regulations of the municipality and of legally adopted rules of local fire and health officials in respect to the operation, equipment, housekeeping, fire protection, handling and storage of flammable materials, liquids and gases and the maintenance of safe and sanitary conditions of use in occupancy in all buildings shall be strictly enforced by the administrative officials to whom such authority is delegated. Whenever inspection by any authorized enforcement officer discloses any violation of the provisions of this chapter, or of any other rules, regulations or laws, he shall immediately notify the administrative officer having jurisdiction of the violation.
C. 
Certified report. The Building Inspector may require a certified report of all required inspections as regulated by this chapter from the registered architect or registered engineer supervising the construction of any building, structure or equipment requiring their supervision. Such certified report shall state, in detail, that all construction work has been executed in accordance with all of the regulations of this chapter, approved plans, specifications, terms of the permit and, further, that such construction work was executed in accordance with accepted architectural and engineering standard procedures.
D. 
Board of Appeals or other assigned board or commission. Any person feeling himself aggrieved by any order or ruling of the Building Inspector may appeal from such ruling to the Board of Appeals within 30 days from the date of refusal to issue a permit or from the date of the making of any order, ruling, decision or determination on which appeal is taken. Such appeal is to be in writing, setting forth the order appealed from and the respects in which said person feeling aggrieved claims that said order or ruling is erroneous or illegal. Said appeal shall be filed in the manner and form required by the Rules of Procedure for the Fox Point Board of Appeals. Said Board of Appeals, after consideration thereof, shall affirm, reverse or modify said ruling as is just in the premises. The ruling or order of the Inspector shall be enforced until changed by said Board of Appeals.
[Amended 8-13-2013 by Ord. No. 2013-08]
Whenever the provisions of this chapter or of the plans approved thereunder are not complied with, a stop-work order shall be served on the owner or his representative and a copy thereof shall be posted at the site of the construction. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the violation has been corrected.
A. 
Inspections.
(1) 
The Building Inspector shall make a final inspection of all new buildings, additions and alterations. If no violations of this or any other ordinance be found, the Building Inspector shall issue an occupancy permit, stating the purpose for which the building is to be used.
(2) 
No building, nor part thereof, shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the occupancy permit.
B. 
Use discontinued.
(1) 
Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued and the building, or portion thereof, vacated by notice served on any person using or causing such use or occupancy to be continued and such person shall vacate such building or portion thereof within 10 days after receipt of the notice or make the building, or portion thereof, comply with the requirements of this chapter.
(2) 
Any building, structure or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health shall not hereafter be occupied or used under an existing occupancy permit or without the same, until an application has been filed and a new occupancy permit issued.
C. 
Change. It shall be unlawful to change the use of any building, structure, premises, or part thereof without first obtaining, from the Building Inspector, an approval of such change in the occupancy or use and an occupancy permit therefor.
D. 
Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the municipality, prior to issuance of an occupancy certificate, in all such cases of hardship, as in his judgment and discretion warrant occupancy before final stage of completion as set forth in this chapter. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary. The Building Inspector shall determine the time within which such building or structure can be completed. Such time should not exceed 120 days.