Village of Shorewood, WI Article III Occupancy Permits

[Added 4-15-2013 by Ord. No. 2019[1]; amended in its entirety 1-25-2021 by Ord. No. 3020]

[1] Editor's Note: This ordinance also renumbered former §§ 225-14, 225-15, and 225-16 as §§ 225-30, 225-31, and 225-32, respectively.

§ 225-20 Occupancy permits.

A. Purpose. In order to prevent the development of hazardous conditions presenting a threat to the well-being of occupants of buildings and to other persons, and to prevent the deterioration of buildings and appurtenances related thereto resulting in substantial depreciation in the property values of the neighborhood, and in order to protect and secure the health, safety and welfare of those living in the Village, it is necessary that buildings and appurtenances related thereto in the Village be kept in a reasonable state of repair.

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

COMMERCIAL BUILDING

A building or structure used for commercial purposes.

COMMERCIAL TENANT SPACE

A space occupied by a commercial tenant within a commercial or mixed-use building, including occupied outdoor spaces for commercial use.

DWELLING

A residential building containing one or two dwelling units.

DWELLING UNIT

Any combination of habitable rooms, including sleeping, cooking and bathing facilities, designed to be occupied by not more than one family as a residence.

MIXED-USE BUILDING

A commercial building used for both residential and commercial purposes.

MULTIFAMILY BUILDING

A commercial building used for residential purposes containing three or more dwelling units.

C. Permit required. It shall be unlawful to use or permit the use of any building or premises or part thereof without first obtaining an occupancy permit from the Building Inspector. An occupancy permit is required for:

(1) Dwellings. New buildings, or additions of bedrooms;

(2) Commercial buildings and tenant spaces. New buildings, additions, change of use, and change of business owner or tenant.

D. Occupancy standards.

(1) Commercial and multifamily occupancy.

(a) The applicable provisions the Wisconsin Uniform Building Code shall govern the issuance of an occupancy permit hereunder. Occupancy permits may be revoked by the Building Inspector when a code violation exists in accordance with the provisions of the Wisconsin Uniform Building Code.

(b) Renewal of occupancy permits for commercial buildings or tenant spaces. A renewal occupancy permit shall be required to be obtained every five years from the Building Inspector for all premises to be occupied for commercial use. Notice to complete an application will be provided by the Planning and Development Department. The Building Inspector shall conduct an inspection of the premises for compliance with the Village and adopted codes applicable to the premises. If the premises is in compliance with the Village and adopted codes and there are no unpaid fees, forfeitures, taxes or any other debts or money owed to the Village related to the premises, then the renewal occupancy permit shall be issued by the Building Inspector.

(c) Temporary occupancy permit. The Building Inspector may issue a temporary occupancy permit for a commercial building, tenant space, premises or parts thereof, providing that the area(s) to be occupied are safe and sanitary. A temporary occupancy permit may be issued for a period not exceeding 30 days, upon which renewal shall be required.

(d) An occupancy permit that has expired shall be deemed to be operating under a temporary occupancy permit until the time the occupancy is renewed and reissued.

(2) Dwellings.

(a) The applicable provisions of the Wisconsin Uniform Dwelling Code and the Wisconsin Uniform Building Code shall govern the issuance of an occupancy permit hereunder.

(b) Temporary occupancy permit. The Building Inspector may issue a temporary occupancy permit for a part or parts of a dwelling, providing that the area(s) to be occupied are safe and sanitary. A temporary occupancy permit may be issued for a period not exceeding 30 days, upon which renewal shall be required.

(3) No more than one family may reside in any dwelling unit. For the purpose of this subsection, "family" is defined as set forth in Chapter 535, Zoning, § 535-6; however, the provisions of this subsection that are not inconsistent with that definition shall apply to the maximum number of persons that may reside in a dwelling unit.

(4) Applications. Applications for occupancy permits and renewals shall be available from the Planning and Development Department. Completed applications shall include a plan of operations, and applicable floor and site plans, as determined by the Building Inspector.

(5) Amendments. Modifications to current occupancy permits shall be approved by the Planning and Development Department through an amendment application.

(6) Fees. Fees for an occupancy permit, temporary occupancy permit, renewal occupancy permit and amendments shall be as provided in the Village Fee Schedule.[1] If more than one reinspection is required, an additional fee shall be paid in advance for each reinspection. No fee shall be charged for reinspection when compliance is recorded.

[1] Editor's Note: The Village Fee Schedule is on file in the Village Clerk offices.

§ 225-21 through § 225-29. (Reserved)