City of West Allis, WI
Milwaukee County
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Table of Contents
Table of Contents

13.01 Building Code.

[Ord. 6567, 5/1/2001; Ord. 6620, 7/1/2002; Ord. 6641, 12/17/2002; Ord. O-2003-0024, 3/18/2003]
(1) 
Title. This Chapter shall be known as the "Building Code of the City of West Allis," and will be referred to hereinafter as "this Code."
(2) 
Purpose. The purpose of this Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, and through heating/HVAC, electrical, and energy standards for premises, structures, and equipment, and for the maintenance of the same, and for the safety of life and property from fire and other hazards attributed to the built environment.
(3) 
Codes Adopted. The provisions of this Code shall adopt and supplement the laws and regulations of the State of Wisconsin Administrative Codes, such other codes as may be adopted below, and other City of West Allis Codes relating to building, electrical, plumbing, and HVAC construction, and include any future amendments, revisions or modifications thereto. By this section, these laws and regulations are made a part of this Code as if fully set forth herein. Where the requirements of the State Code, other adopted codes, or this Code are in conflict, the stricter requirements shall govern.
[Ord. O-2010-0010, 4/6/2010]
(a) 
State of Wisconsin Administrative Codes applicable to other than one- and two-family dwellings:
1. 
Department of Commerce, Chapters COMM 60-65, Wisconsin Commercial Building Code. (The Wisconsin Commercial Building Code adopts with additions, deletions, insertions and changes, the International Building Code, International Energy Conservation Code, International Mechanical Code, International Fuel Gas Code and International Existing Building Code as published by the International Code Council, Inc.)
2. 
Department of Commerce, Chapter COMM 75-79 Buildings Constructed Prior to 1914.
(b) 
State of Wisconsin Administrative Code applicable to one- and two-family dwellings:
1. 
Department of Commerce, Chapters COMM 20-25, Uniform Dwelling Code. This code reference shall be applicable to one- and two-family dwellings erected under a building permit issued after its effective date.
(c) 
Other Codes Referenced:
1. 
City of West Allis Fire Prevention Code and codes adopted therein as referenced in City of West Allis Revised Municipal Code, Chapter 5.
2. 
City of West Allis Health Department Codes.
3. 
City of West Allis Electrical Code and codes adopted therein as referenced in the City of West Allis Revised Municipal Code, Chapter 14.
4. 
City of West Allis Plumbing Code and codes adopted therein as referenced in the City of West Allis Revised Municipal Code, Chapter 16.
(d) 
Milwaukee Metropolitan Sewerage District (MMSD) Rules. Chapter 13 of the Rules of the MMSD on Surface Water and Storm Sewer Water runoff management. The City Engineer shall enforce this provision.
(e) 
Wisconsin Department of Natural Resources Rules, Chapter NR216 for Soil Erosion.
(4) 
Scope. The provisions of this Code shall apply to the equipment installation and construction, enlargement, alteration, repair, replacement, movement, location, removal, demolition, maintenance, use and occupancy of new and existing buildings and structures and appurtenances thereto.
(a) 
New Construction. New buildings, new structures and additions to existing buildings and structures shall conform to the requirements of this Code for new construction.
(b) 
Existing Buildings or Structures. Alterations or repairs to any building or structure shall conform to the requirements of the Code for new construction except as hereafter stated.
1. 
Alterations and/or Repairs. When deemed necessary, in the opinion of the Building Inspector, alterations or repairs may be allowed to conform to the Code in effect when the building or structure was constructed.
(c) 
Major Alterations and/or Repairs. If alterations and/or repairs in excess of fifty percent (50%) of the value of an existing building or structure are made to any existing building or structure within any period of twelve (12) months, the entire building or structure shall be made to conform with the requirements given herein for new construction; provided, however, that any existing building or structure which, for any reason, requires repairs at any one time in excess of fifty percent (50%) of the value thereof, not deducting from such value any loss caused by fire or any other reason, shall be made to conform to the requirements of this Code for new buildings or structures or shall be entirely demolished. "Value" shall mean the full assessed value as determined by the last value placed upon the building as last published by the City at the adoption of the Assessment role.
(d) 
Changed Occupancy Classification. If the occupancy classification (per the Building Code) of part or all of any existing building is changed, the requirements which apply to new construction shall be complied with to the part or all so changed.
(5) 
Removal or Non-Maintenance. The provisions herein shall not be construed as permitting the removal or non-maintenance of any existing devices or safeguards unless authorized in writing by the building official.
(6) 
Maintenance. Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. All building systems (building, electrical, plumbing, mechanical, structural, and nonstructural), components, devices and/or safeguards installed at the construction, alteration or repair of any building or structure shall be maintained in good working order and in compliance with the Code in effect when installed and/or in accordance with the applicable manufacturer's requirements. The owner or owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official shall have the authority to require a building or structure to be reinspected. The requirements of this section shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing buildings or structures.
(7) 
Workmanship. Installations, alterations, repairs, and maintenance work which are caused directly or indirectly by the enforcement of the Code shall be executed and installed in a workman like manner and in accordance with the manufacturer's installation instructions.
(8) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (8), Storage Sheds, as amended, was repealed 8/2/2016 by Ord. O-2016-0038.
(9) 
Temporary Buildings or Structures. The building official may issue a building permit for a temporary building or structure to be used during the construction of a permanent building or for temporary or seasonal use. In the case of a temporary building or structure to be used in conjunction with the construction of a permanent building or structure, the temporary structure shall be removed within fifteen (15) days of occupancy of the permanent building. Other temporary buildings or structures shall be removed as required by the building official. Seasonal use structures shall be removed by July 15 of each year.

13.02 Department of Building Inspections and Zoning.

[Ord. 6451, repeal S. 13.016, 8/3/1999]
(1) 
Under Supervision of Director of Building Inspections and Zoning. The Department of Building Inspections and Zoning shall be under the supervision of the Director of Building Inspections and Zoning. The Building Inspector may employ qualified persons who shall bear the title of Assistant Building Inspectors. The Assistant Building Inspectors shall perform such inspection work, as the Building Inspector may direct, and shall perform such other duties as the Building Inspector may assign to them from time to time.
(2) 
Records. There shall be kept in the Department of Building Inspections and Zoning 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. A record shall also be kept showing the number, description and size of all buildings erected, indicating the kind of materials used and the cost of each building, and the aggregate cost of all buildings of the various classes. A record shall also be kept 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 and delivery to the City Treasurer. The Inspector shall make an annual report to the Common Council of these matters.

13.03 Director of Building Inspections and Zoning.

(1) 
Appointment Qualification and Bond. See section 2.32 of this Code.
(2) 
"Director of Building Inspections and Zoning" Defined. Where, hereafter in this Chapter, the term "Director of Building Inspections and Zoning" is used, it shall be held to mean the Director of Building Inspections and Zoning or his authorized representatives.
(3) 
Head of Building Inspections and Zoning Department. The Building Inspections and Zoning Department shall have charge of the Department of Building Inspections and Zoning, as set forth in section 13.02 of this Code.:
(4) 
Supervision of Building Inspections and Zoning Department. The functions of the Director of Building Inspections and Zoning shall be performed under the supervision of the Director of Building Inspections and Zoning. The Director of Building Inspections and Zoning shall have, except where otherwise provided in this Chapter, the general management and control of all matters pertaining to building and zoning inspection, and shall enforce all state laws and City ordinances and lawful orders relating to the construction, alteration, repairs, removal and safety of buildings and other structures and permanent building equipment. The Inspector shall have full power to pass upon any question arising under the provisions of this Chapter relating to buildings, subject to conditions contained in this Chapter.
(5) 
Access to Premises. The Director of Building Inspections and Zoning and his subordinates may, at all reasonable times for any proper purpose, enter upon any public or private premises and make inspection thereof and require the production of the permit for any building, electrical or plumbing work or the required license therefor.
(6) 
Interference with Director of Building Inspections and Zoning. Any person interfering with such representatives of the City, while in the performance of their duties, shall, upon conviction thereof, be punished as hereinafter provided.

13.04 Definitions.

For the purpose of this Code, certain terms, phrases and words and their derivatives shall be construed as set out herein. Words used in the singular include the plural and the plural the singular.
Words used in the masculine gender include the feminine and the feminine the masculine. Wherever a section or part is referred to in this Code by number, it shall be understood to refer to a section or part of this Code.
(1) 
Accessory Buildings. See "garage."
[Ord. O-2016-0038, 8/2/2016]
(2) 
Alley. Any open public space or thoroughfare less than thirty (30) feet, but not less than ten (10) feet in width, which has been deeded to the public for public use or any public space which has been dedicated for public use as alley.
(3) 
Alteration. Alter or alteration means any change, addition or modification in construction or use.
(4) 
Approved. As to materials and types of construction, refers to approval by the Department of Building Inspections and Zoning, as the result of investigation and tests conducted by it, or by reason of accepted principles or tests by nationally recognized technical organizations, or by reason of approval by the Industrial Commission of the State of Wisconsin.
(5) 
Attic. Attic or "attic story" is any story situated wholly or partly in the roof, so designated, arranged or built as to be used for business storage or habitation.
(6) 
Basement. Basement is a story wherein on every side of the building the average floor line is below the grade and the average ceiling height in every elevation is not more than five (5) feet above such grade.
(7) 
Bay Window. Bay window is a rectangular, curved or polygonal window, extending beyond the main wall of the building.
(8) 
Building. Building is any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind; and, when separated by a fire wall, each portion of such building so separated shall be deemed a separate building.
(9) 
Dead Load. Dead load in a building includes the weight of the walls, permanent partitions, framing, floors, roofs and all other permanent stationary construction forming a part of the building.
(10) 
Existing Building. Existing building is a building already erected or one for which a legal permit has been issued prior to the adoption of this Code.
(11) 
Exterior Walls. Outer walls or vertical enclosure of a building, other than a party wall.
(12) 
Family. Family is one person living alone or a group of two (2) or more persons living together in an apartment, whether related to each other by birth or not.
(13) 
Floor Area. Floor area is the area inside the exterior or fire walls of a building, exclusive of vent shafts and courts.
(14) 
Footing. Footing is the spreading course at the base or bottom of a foundation wall, column or pier.
(15) 
Foundation. Foundation is a substructure, including masonry walls, piers, footings, piles, grillage and similar construction, which is designed to transmit the load of any super-imposed structure to natural soil or bed rock.
(16) 
Front of Lot. Front of lot means the front boundary line of lot bordering on the street and, in the case of a corner lot, may be either frontage.
(17) 
Garage. Garage is a structure used for storing motor vehicles that has more than two (2) sides completely enclosed.
[Ord. O-2016-0038, 8/2/2016]
(a) 
Private Garage. Private garage is a garage maintained primarily for the convenience of the owner, tenant or resident occupant of the premises and in which no business is carried on and no service is rendered to the public.
(b) 
Public Garage. Public garage is any garage other than a private garage.
(18) 
Grade.
(a) 
For buildings or structures adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street.
(b) 
For buildings or structures adjoining more than one street, the average of the elevations of the sidewalk at center of all walls adjoining streets.
(c) 
For buildings or structures having no wall adjoining the street, the average level of ground (finished surface) adjacent to the exterior walls of the building or structure. All walls approximately parallel to and not more than five (5) feet from a street line are to be considered as adjoining a street.
(19) 
Height of Building. Height of building is the vertical distance from the "Grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitch or hip roof.
(20) 
Lintel. Lintel is the beam or girder placed over an opening in a wall and which supports the wall construction above.
(21) 
Live Loads. Live loads are all imposed, fixed or transient loads other than "Dead Loads."
(22) 
Lot. Lot is a parcel of land having its principal frontage upon a street or alley and occupied or to be occupied by a building and its accessory buildings, together with such open spaces, as are required by the Wisconsin State Building Code, this Code and the zoning ordinance of the City of West Allis.
(23) 
Lumber Sizes and Grades. Lumber sizes and grades, whenever used in this Code, shall mean nominal sizes. The actual sizes shall not be less than the sizes specified by the American Lumber Standards Committee. All grades shall be determined using American Lumber Standards as a basis.
(24) 
Masonry. Masonry is that form of construction composed of monolithic concrete or of stone, brick, concrete, gypsum, hollow clay tile, concrete blocks or tile or other similar solid or hollow incombustible building units or materials, or a combination of these materials, laid up unit by unit and set in approved mortar.
(25) 
Solid Masonry. Solid Masonry means masonry without hollow spaces.
(26) 
Built Up Masonry. Built up masonry is that form of construction composed of stone, brick, gypsum, hollow clay tile, concrete blocks or other similar solid or hollow incombustible building units or materials or a combination of these materials laid up unit by unit and set in approved mortar.
(27) 
Monolithic Masonry. Monolithic masonry is a homogeneous mass of inert materials mixed with Portland cement and constructed in one continuous operation.
(28) 
Motor Vehicle. Motor vehicle is any self-propelling vehicle which is registered to travel over the streets and highways.
[Ord. O-2016-0038, 8/2/2016]
(29) 
Repair. Repair means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "Repair" or "Repairs" shall not apply to any alteration.
(30) 
Shaft. Shaft means a vertical opening through one or more floors of a building for elevators, dumb waiter, light, ventilation or similar purposes.
(31) 
Shall. Shall, as used in this Code, is mandatory.
(32) 
Story.
(a) 
That portion of a building included between the upper surface of any floor and the upper surface of the floor next above shall be considered a story, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. A basement shall not be considered a story unless the ceiling thereof is more than five (5) feet above grade.
(b) 
A building shall be considered a two (2) story building when the bearing walls extend more than three (3) feet above the second floor or said wall is more than seventeen (17) feet high, measured from the grade up. No two (2) story residence bearing wall shall have a height to exceed twenty-two (22) feet measured from the lower edge of the first floor joists to the top of the wall.
(33) 
Structure. Structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
(34) 
Veneer. Veneer is the outer facing of brick, stone, concrete or tile attached to an enclosing wall for the purpose of providing ornamentation, protection or insulation, which cannot be considered as adding to the strength of the walls.
(35) 
Bearing Wall. Bearing wall is a wall of which any portion supports a load other than its own weight.
(36) 
Curtain Wall. Curtain wall is a fire resistive nonbearing wall between columns or piers which is not more than one story or eighteen (18) times its thickness in height.
(37) 
Enclosing Wall. Enclosing wall is that portion of a building wall which is exterior to the lath, plaster and other interior wall finish.
(38) 
Fire Separation Wall. Fire separation wall is a wall of masonry or reinforced concrete which subdivides a building to restrict the spread of fire, but is not necessarily continuous through all stories nor extended through the roof.
(39) 
Interior Wall. Interior wall is a wall which is entirely enclosed by exterior walls of the building.
(40) 
Nonbearing Wall. Nonbearing wall is a wall which supports no load other than its own weight.
(41) 
Panel Wall. Panel wall is a nonbearing wall built between columns or piers and wholly supported at each story.
(42) 
Parapet Wall. Parapet wall is that part of any wall entirely above the roof line.
(43) 
Party Wall. Party wall is a wall used or adapted for joint service between two (2) buildings.
(44) 
Retaining Wall. Retaining wall is any wall used to resist the lateral displacement of any material.
(45) 
Fence. Fence shall mean a structure erected for the purpose of separating properties, or enclosing or protecting or screening the property within its perimeter. A fence shall not include construction site barriers, or a chain link fence enclosure wholly within the property to which it pertains and which conforms to the setbacks for an accessory structure which does not exceed six (6) feet in height and which is used for the purpose of containing a domestic animal(s).
[Ord. O-2015-0045,[1] 9/15/2015]
[1]
Editor's Note: This ordinance also repealed former Subsection (45), Portland Cement Mortar.
(46) 
Through Lot. Through lot shall mean an interior lot having frontage on two (2) nonintersecting streets.
[Ord. O-2015-0045,[2] 9/15/2015]
[2]
Editor's Note: This ordinance also repealed former Subsection (46), Lime-Cement Mortar.
(47) 
Accessory Structure. Accessory structure is a building or structure (other than recreational equipment or swimming pools), such as a storage shed, a gazebo, or other structure that is subordinate and incidental to the main building which is not a garage.
[Ord. O-2016-0038, 8/2/2016]
(48) 
Storage Shed. Storage shed is a building or structure that is accessory to a main building and is used for the storage of items other than motor vehicles.
[Ord. O-2016-0038, 8/2/2016]
(49) 
Industrial Bucket or Container. An industrial bucket or container is an object that has a manufactured purpose or design to hold paint, solvents, salts, chemicals, or similar products. This definition pertains to containers or buckets with a volume of one (1) gallon or larger. This excludes containers that are designed by the manufacturer to be a decorative plant holder and are being used for that specific purpose.
[Ord. O-2016-0034, 9/6/2016]
(50) 
Construction Value. Construction value means the total cost of all construction work for which a permit is issued and shall include, where applicable, structural, electrical, plumbing, mechanical, interior and exterior finishes, normal site preparation, excavation, backfilling, overhead and profit. Construction value shall not include land purchase costs. The determination of construction value shall be made on actual or current averaged costs and is subject to verification by the Building Inspector.
[Ord. O-2016-0058, 12/6/2016]
(51) 
Area Calculation. Area calculation means the entire area of all principal floors, mezzanines, basements, attics and exterior porches, decks and platforms. This shall include all areas that could be used as finished or occupied areas with future alterations. Area calculation shall exclude crawl spaces with less than seventy-six (76) inches of ceiling height and attics with less than sixty (60) inches of ceiling height and that are only accessed by a scuttle or access panel.
[Ord. O-2016-0058, 12/6/2016]

13.05 Permits.

Notes
Ordinance to Repeal and Recreate
Created: 2017-10-16
See Ordinance O-2017-0047 to repeal and recreate subsection 13.05, effective October 19, 2017.
[Ord. O-2005-0023, 6/7/2005]
(1) 
Permits Required. Any owner or authorized agent who intends to construct, alter, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, remove, convert or replace, except where otherwise a permit is specifically not required, any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Department of Building Inspections and Neighborhood Services and obtain the required permit(s). The owner of a property is ultimately responsible for securing required permits and complying with the notice or order from the inspector pertaining to securing permits. The type of work requiring a permit includes, but is not limited to: new buildings or structures or additions thereto; exterior and interior building and/or structural remodeling, including replacing drywall; re-roofing; moving or demolition of buildings or structures; accessory buildings or structures; slabs or foundation/slabs for future accessory buildings or structures; swimming pools; mobile homes; commercial parking lots; heating and ventilating equipment installation; other equipment to comply with installation codes; advertising or sign structures as stated in the sign code; soil erosion control; electrical work per Chapter 14; and plumbing work per Chapter 16.
[Ord. O-2010-0010, 4/6/2010; Ord. O-2015-0045, 9/15/2015; Ord. O-2016-0038, 8/2/2016]
(2) 
No Permit Required.
(a) 
Repairs. No permit is required for repairs and minor alterations that do not change the occupancy, life safety, area, structural strength, fire protection, egress or exiting system, lights or ventilation of the building.
(b) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection (2)(b), One-Story Storage and Other Outdoor Structures, as amended, was repealed 8/22/2016 by Ord. O-2016-0038.
(c) 
Exterior Site Improvements. No permit is required for retaining walls less than five (5) feet in height, walks, driveways and/or other similar improvements. Outdoor patio areas and similar concrete, brick or hard surfaced areas shall also be exempted from permit requirements.
(d) 
[2]Window Replacement and Awnings. For residential one- or two-family use properties, no permit is required to replace existing windows of the same dimension in the original opening, and no permit is required for awnings supported by an exterior wall.
[2]
Editor's Note: Former Subsection (2)(d), Roofing Repairs, was repealed 4/6/2010 by Ord. O-2010-0010. Said Ord. O-2010-0010 also redesignated former Subsection (2)(e) through (h) as Subsection 2(d) through (g), respectively.
(e) 
Siding. For residential one- or two-family use properties, no permit is required to install siding materials over existing siding on an existing dwelling or accessory building or structure.
[Ord. O-2016-0038, 8/2/2016]
(f) 
Low Level Deck, No Roof. For existing one- or two-family use properties constructed prior to June 1, 1980, no building permit is required for a wood framed deck that: is not part of a required accessible route; is less than two hundred and one (201) square feet in area; is less than twenty-four (24) inches from grade to the floor at all points around the perimeter; does not have a roof; and is not located in a yard area abutting a street. No addition shall be allowed to this structure, whether vertical or horizontal. Two-family use properties, although exempted from permit requirements, are subject to site, landscaping and architectural review by the Plan Commission per Section 12.13.
(g) 
Other Work. No permit shall be required for painting or papering or for replacing tiling, carpeting, cabinetry, countertops or other similar work.
(3) 
Code Compliance. All work, including work exempted from permit requirements, shall conform to all applicable construction code requirements unless otherwise stated. An Inspector may require a permit to be issued for repairs ordered for code compliance.
(4) 
Permit Required Before Commencing Work. The property owner shall not allow the performance of any work requiring a permit without first making application for and being issued a permit. It shall be unlawful to do any work without a permit except as regulated in Subsection (2) above. Any work commenced prior to permit issuance may be subject to increased permit fees as stated in the permit fee schedules.
(5) 
Emergency Work. Emergency work may be allowed when the permit application is filed within the next working day. The Inspector shall be notified when emergency work is to commence prior to permit application.
(6) 
Stop-work order.
(a) 
Whenever the Inspector finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Inspector is authorized to issue a stop-work order.
(b) 
The stop-work order shall be in writing and be issued by posting on the premises. Upon issuance of a stop-work order, the cited work shall immediately cease. The stop-work order shall state the reason for the order.
(c) 
Any person who shall continue any work after issuance of a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, is subject to penalties as prescribed by this code.
(d) 
Any person removing a stop-work order without the authorization of the Inspector is subject to penalties as prescribed by this Code.

13.06 Permit Application and Issuance.

[Ord. O-2005-0023, 6/7/2005]
(1) 
Application for Permit.
[Ord. O-2011-0023, 7/5/2011]
(a) 
Any owner of a premises, or person desiring a permit as required by this code shall file with the Inspector an application in writing on a form furnished for such purpose. Every application shall describe the land on which the proposed work is to be done by legal description, street address, or similar, that will readily identify the proposed building or work. Every application shall describe the use of the property, the construction to be done, the use or occupancy for which the proposed work is intended, the estimated cost of the construction, and any other reasonable information that may be required by the Inspector. The application shall be accompanied by plans, drawings, specifications, engineering details, and other information as required to provide sufficient detail for review in the issuance of a building permit. Application materials shall include, but not be limited to, when applicable: detailed and to scale footing, foundation, wall, floor, and roof plans; exterior elevation plans; floor plans indicating exits, windows, and room uses; section details of construction; itemized structural loads and calculations; equipment information; and other information as may be necessary to review an application and issue a permit.
(b) 
An application for commercial (non-1 or 2-family use property) building construction or HVAC construction shall include an application for plan review fee in accordance with the fee schedule as stated in Subsection 13.255. The City of West Allis is classified as a Second Class City by the State of Wisconsin and, as such, is authorized to provide plan review and inspections for all commercial building projects, regardless of size, except state-owned buildings.
(c) 
An application for commercial (non-1 or 2-family use property) building or HVAC construction shall include two (2) complete sets of paper plans and an acceptable readable electronic base copy (i.e., jpg, tif. pdf). Plan submittal shall include, but not be limited to, specifications for all components of the project, trusses, pre-cast concrete and laminated wood.
(d) 
For commercial building and HVAC construction projects, the following State of Wisconsin Department of Commerce (COMM) Codes are specifically referenced:
1. 
Construction documents submitted for review shall be designed and sealed by a State of Wisconsin designer, such as an architect, engineer or other authorized licensed person in accordance with COMM 61.31 and ch. 443, State Statutes.
2. 
See COMM 61.30(4) and 61.40 for designer exception allowance for stated smaller construction projects.
3. 
See COMM 61.40 for supervision requirements by project designer regarding plan submittal, project construction supervision and supervision to submittal of completion statement of substantial compliance at project completion.
(2) 
Cost of Construction. The applicant for a permit shall provide an estimated cost of construction at the time of application. Cost estimates shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. The estimated cost of construction may be set by the Building Inspector.
(3) 
Survey Submittal. Whenever the proposed construction is for a new building or structure, or for an addition to an existing building or structure, the application shall include an accurate plat of survey containing the stamp of a licensed State of Wisconsin surveyor. The survey shall include, but not be limited to: the legal description of the lot or parcel of land as obtained from official records; the date of the survey; a scaled drawing of the parcel of land showing lot dimensions; the exact location of existing buildings and structures on the parcel of land at the time of the survey; the exact dimensions of buildings and structures and the distances to lot lines and between buildings and structures. Similarly, the proposed addition to a building or structure is to be shown on the survey.
(a) 
An existing, accurate and proper survey of the property may be used for permit application, with scaled additional information drawn thereon by any person. The Building Inspector may require a new survey if any information is suspect in the opinion of the Building Inspector.
(b) 
The Building Inspector may allow the submittal of a scaled site plan in substitution of a plat of survey for permit applications for uncovered decks, platforms, stoops, sheds and other property improvements not excepted from permitting requirements. The site plan shall contain the information as required for a survey submittal, but not require a surveyor's stamp.
(4) 
Submittal Documents. Construction documents shall be submitted with the application and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of the construction codes, as determined by the Inspector.
(a) 
One- and Two-Family Use Construction. Three (3) complete sets of construction documents shall be submitted with the application form for one- or two-family use properties.
(b) 
Multifamily, Commercial and Other. Four (4) complete sets of construction documents shall be submitted with the application form for construction work associated with non-one- or two-family use properties. These types of construction projects require submittal of documents prepared by a registered design professional in accordance with the State of Wisconsin Commercial Building Code.
(5) 
Waiver of Plans. The Building Inspector may waive the filing of plans, a survey and/or site plan submittal requirements for construction projects if, in the opinion of the Inspector, the character of the work is sufficiently described in the application.
(6) 
Application Review for Setting Grade. All initially constructed one- and two- family dwellings hereafter erected shall be set at a grade providing at least twelve (12) inch pitch from the building to the front lot line. The permit application shall be reviewed by the City Engineering Department, which shall establish the grade line. Denial of a permit for noncompliance with the grade dimensions may be appealed to the Board of Appeals, which may grant relief from hardship by reason of terrain and other unusual circumstances.
(7) 
Roadway, Water, Sanitary and Storm Sewer Requirements. No permit will be issued for the erection of a building upon a lot within the corporate limits of the City unless the lot abuts upon a passable, hard paved surfaced roadway which will allow proper and ready access for fire, police and other municipal services and equipment, nor shall a permit be issued unless there are available abutting such lot public water, sanitary and storm sewer facilities for utility connection. The storm sewer connection may be conditionally waived where storm sewer is not readily available as a lateral into the lot or the main does not abut the lot being developed. The waiver shall not allow surface stormwater runoff from impervious areas and/or sump discharges to cause a nuisance to the public right-of-way or to abutting properties.
(8) 
Zoning Approval. All building permit applications shall be reviewed for compliance with the Zoning Code.
(9) 
Fire and Health Department Review. One set of plans submitted for a building permit for other than one- or two-family use properties shall be sent to the Fire and/or Health Department when required. Processing and issuance of the permit is not contingent upon Fire/Health Department approval(s).
(10) 
Action on Application. The Inspector shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Inspector shall reject such application in writing, stating the reasons therefore. If the Inspector is satisfied that the information and construction documents submitted for the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Inspector shall approve the permit to be issued as soon as practicable.
(11) 
Approval of Construction Documents.
[Ord. O-2011-0023, 7/5/2011]
(a) 
When the Inspector approves an application for permit issuance, the construction documents shall be approved in writing or by stamp as "conditionally approved." One set of construction documents so reviewed shall be retained by the Building Inspection Department. One set shall be returned to the applicant at the issuance of the permit and it shall be kept at the site of work and open to inspection by the Inspector or his authorized representative.
(b) 
An application for plan review for commercial (non-1 or 2-family use property) construction or heating, ventilation, air conditioning (HVAC) when determined to be substantially conforming to the code, regulations and ordinances, shall be processed with a written notice to the submitter and building owner stating all conditions of approval. Additionally, plans shall be stamped "CONDITIONALLY APPROVED" and signed and dated by the certified commercial building inspector.
1. 
All non-code complying and other conditions stated in the conditional approval notice shall be corrected or met before or during construction and before occupancy of the building.
2. 
A complete set of conditionally approved plans shall be kept at the project work-site and available to the Inspector at all times.
3. 
A conditional approval of a plan may not be construed as an assumption of any responsibility on the part of the City or the certified commercial building inspector for design or construction of the building.
4. 
If plan submittal does not substantially conform to the code, regulations or ordinances, a denial of plan approval shall be issued by the issuance of a notice in writing to the submitter and the building owner stating the reasons for denial. Plans shall be stamped "NOT APPROVED" and signed and dated by the certified commercial building inspector.
(12) 
Holding Permit Issuance. Permit issuance may be held for the compliance with conditions that may be applied in the application review process by the Planning Division, the Plan Commission, the Engineering Department, the Fire Department, the City Attorney's Office and/or the Common Council.
(13) 
Payment of Fee, Valid Permit. The fees for permits shall be assessed in accordance with the fee schedules of the Building Code (Chapter 13), Electrical Code (Chapter 14) and Plumbing Code (Chapter 16), and payable at the time a permit is issued. A permit shall not be valid until the fee is paid and the permit number assigned.
(14) 
Approved Construction Documents. Work shall be installed in accordance with the approved construction documents. Any changes made during construction shall be resubmitted for approval. The Inspector may assess a fee for resubmittal in accordance with the applicable fee schedule.
(15) 
Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty (180) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Inspector is authorized to grant one (1) or more extensions of time for additional periods not exceeding ninety (90) days each. The extension shall be requested in writing with cause stated.
(16) 
Expiration of Permit.
[Ord. O-2010-0010, 4/6/2010]
(a) 
If any construction for which a permit has been issued is not started within one hundred twenty (120) days from the issuance of the permit, or if construction is suspended or abandoned for more than sixty (60) days, the permit shall expire and be void. No construction shall commence or resume unless a time extension is granted. The Building Inspector shall make the final determination as to if the permitted work has not started or has been suspended or abandoned. The permit shall not be considered expired until the Inspector has notified the permit holder in writing and offered a time extension as stated in Subsection (16)(c).
(b) 
A building permit shall expire two (2) years from the date of issuance and be void. No construction shall resume unless a time extension is granted. The permit shall not be considered expired until the Building Inspector has notified the permit holder in writing and offered a time extension as stated in Subsection (16)(c).
(c) 
An extension of time, not to exceed twelve (12) months, may be allowed to a voided permit if the permit holder provides a written request within thirty (30) days of notification stating reasonable cause and a time table for completion. An administrative fee of one-twelfth (1/12) of the original fee construction fees per month of extension may be charged after permit expiration at the discretion of the Building Inspector.
(d) 
Any permit that includes exterior property improvements, including but not limited to, building or structure, i.e., siding, windows, roofing, gutters/downspouts, driveway, curb cut, parking lot, yard grading or drainage, and/or installing vegetation or other erosion or dust control improvement, shall be completed within two (2) years of the issuance of the permit and shall not be allowed an extension of time. If not completed within two (2) years, the noncompliance of completion shall be processed as a violation of the Property Maintenance Code.
(e) 
Renewal of a permit may be allowed upon written request, filed within one hundred twenty (120) days after the permit has expired. The Director may reduce fees based upon inspection work completed. After one hundred twenty (120) days from the date the permit has expired, the permit shall be processed as a new permit.
(17) 
Revocation of Permit. If, at any time, ordinances, laws, orders, plans and specifications are not being complied with, the Inspector may revoke the permit by written notice to the property owner and placarding of the property. When any such permit is revoked, it shall be unlawful to do any further work upon such building or premises until a new permit is issued, excepting such work as the Inspector shall order to be done to make the site safe or as a condition precedent to the issuance of a new permit.
(18) 
Suspension of Permit. The Inspector is authorized to suspend a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. When a permit is suspended it shall be unlawful to do any further work unless authorized by the Inspector.
(19) 
Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data.
(20) 
Refunds. A refund of fees paid may be allowed in accordance with the applicable fee schedule.
(21) 
Access. Upon issuance of a permit, the property owner shall allow the Inspector reasonable access to the property for inspection for code compliance.
(22) 
Priority Plan Review. A priority plan review is a service that expedites the plan review time frame to three (3) business days or less after the complete submittal of all required plan review documents. The permit issuance may be held until other municipal agencies or departments have authorized permit issuance.
[Ord. O-2016-0058, 12/6/2016]

13.07 Inspections.

[Ord. O-2005-0023, 6/7/2005; Ord. O-2017-019, 4/18/2017]
(1) 
General. Construction or work for which a permit is required shall be subject to inspection, and such construction or work shall remain accessible and exposed for inspection purposes until approved. The Inspector may inspect the work or allow construction to proceed without an inspection. The work may also be inspected at intervals approved by the Inspector. Inspection approval shall not presume to give authority to violate or cancel the provisions of this code or of other ordinances of the City. It shall be the duty of the owner to cause the work to remain accessible and exposed for inspection purposes. Neither the Inspector nor the City shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection.
(2) 
Administrative Approval. The Director of Building Inspections and Neighborhood Services may defer certain inspections within administrative procedures.
(3) 
Preliminary Inspection. Before issuing a permit, the Inspector is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.
(4) 
Inspections. The Inspector shall be notified when the following work is ready for a required inspection, when applicable to the project. The Director or Building Inspector may waive any inspection required below at their discretion.
(a) 
Footing Inspection. Footings shall be inspected after excavations are complete, any required forms are in place, and any required reinforcing steel is in place. Materials for the footing shall be on the jobsite, except when concrete is ready mixed in accordance with the current building code.
(b) 
Concrete Foundation and Foundation Wall Inspection. Concrete foundations and foundation walls shall be inspected after any required forms are in place and any required reinforcing steel is in place. Materials for the concrete foundation or foundation wall shall be on the jobsite, except when concrete is ready mixed in accordance with the current building code.
(c) 
Backfill of Foundation Wall Inspection. Foundation walls shall be inspected prior to backfill being placed, and after any required foundation forms are removed, foundation drainage systems are installed, and any required foundation insulation is in place.
(d) 
Concrete Slab or Under-Floor Inspection. Concrete slabs shall be inspected after in-slab or under-floor reinforcing steel is in place, building service equipment, conduit, piping, accessories and other ancillary equipment items are in place, any required vapor barrier is in place, and any required slab insulation is in place, but before any concrete is placed.
(e) 
Framing Inspection. Framing of floors and walls shall be inspected after the roof deck or sheathing, all framing, trusses, fire blocking and bracing are in place. All pipes, chimneys and vents which are to be concealed shall be installed and the rough electrical and rough plumbing inspections have been approved by the Electrical and Plumbing Inspectors. Framing inspection approval is required prior to concealment by floor or wall materials. Truss installation specifications shall be on site and available to the inspector for the framing inspection.
(f) 
Insulation and Vapor Barrier Inspection. Any required insulation or vapor barrier shall be inspected after installation, but prior to concealment by floor or wall materials. Exterior house wrap materials shall be inspected prior to concealing with siding or other finished surfaces.
(g) 
Ceiling Inspection. All lay-in ceiling grid, framing, and HVAC ductwork shall be inspected in the area above the ceiling prior to concealment by ceiling tiles, drywall or other finish materials.
(h) 
Firewall Inspection and Fire Resistant Penetrations. All required firewalls shall be inspected during each layer of material installation to ensure compliance with the system's listing and installation instructions. Any penetrations in a firewall shall be inspected after installation. The owner or contractor shall provide the inspector with documentation on the firewall and penetration systems used. Firewalls and penetrations shall be identified and marked per building code requirements prior to inspection.
(i) 
Equipment Inspection. All equipment, to include but not limited to HVAC and associated mechanical and duct work, shall be inspected.
(j) 
Other Inspections. In addition to the inspections specified above, the Inspector is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the building code and other laws that are enforced by the Department.
(k) 
Final Inspection. Final inspection shall be made after any corrections from previous inspections have been completed and all work associated with an issued permit is completed. Completion statements from all designers, balance reports, and any other documentation shall be provided prior to, or at the time of, the final inspection as required by the building code.
(l) 
Demolition Inspection. Buildings and structures being demolished shall be inspected after all building materials, foundations and slabs have been removed, but prior to backfilling any basement area or foundation holes. A final inspection is also required once the site is final graded and permanent vegetation is installed to prevent erosion.
(m) 
Erosion Control Inspection. Erosion control measures shall be inspected after installation, but prior to disturbing the ground. Erosion control measures shall be periodically inspected during the construction project to ensure they are being maintained until permanent vegetation is installed to prevent soil erosion. A final inspection shall be required once permanent vegetation is installed and the soil erosion control measures have been removed.
(5) 
Inspection Requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Inspector when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections made by the Inspector.
(6) 
Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Inspector. The Inspector, upon notification, may make the requested inspection and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder where the same fails to comply with this code. Any inspections that do not comply with the code shall be corrected to comply with the code. The Inspector shall be notified when compliance is made and such portion may be reinspected by the Inspector.
(7) 
Construction Under the UDC. Inspections listed in the State of Wisconsin Department of Safety and Professional Services Uniform Dwelling Code for dwellings constructed after June 1, 1980, shall be required by this code and performed by the Building Inspector.
(8) 
Inspection Record Card. An inspection record card may be issued with a building permit. If an inspection record card is issued, the contractor or property owner shall post the card for the Inspector's signature/approval. The contractor or property owner shall request inspections as indicated on the inspection record card and this code section.

13.075 (Reserved) [1]

[1]
Editor’s Note: Former Section 13.075, One- or Two-family HVAC Permit and Inspection, as amended, was repealed 12/6/2016 by Ord. O-2016-0058.

13.08 Footings, Foundations and Masonry Walls.

(1) 
Footings and Foundations.
(a) 
Depth and Material. Footings and foundations, unless specifically provided, shall be constructed of masonry or reinforced concrete and shall, in all cases, extend below the frost line. Frame garages or accessory buildings shall be the only buildings permitted without footings below the frost line. Frost line shall be considered not less than three (3) feet, six (6) inches below the grade. Masonry units used in foundation walls shall be laid up in Portland cement mortar. Footings shall be of solid monolithic masonry.
(b) 
Soil-Bearing Capacity. Where the bearing capacity of the soil is not definitely known or is in question, the Building Inspector may require load tests or other adequate proof as to the permissible safe bearing capacity of that particular location. To determine the safe bearing capacity of soil, it shall be tested by loading an area not less than two (2) square feet to not less than twice the maximum bearing capacity desired for use. Such double load shall be sustained by the soil until no additional settlement takes place for a period of not less than forty-eight (48) hours in order that such desired bearing capacity may be used. Examination of subsoil condition may be required when deemed necessary.
(c) 
Piling. Foundations shall be built upon natural solid ground where possible. Loam or soil containing organic matter shall not be used to support buildings exceeding one story in height. Where solid natural ground does not occur at the foundation depth, such foundations shall be extended down to natural solid ground or piles shall be used, unless there is a practically level fill of good ground which has been in place a sufficient length of time to settle properly when such fill may be used.
(d) 
Thickness. Footings under buildings not more than two (2) stories high shall be at least six (6) inches thick and twenty-two (22) inches wide, made of concrete designed to test not less than two thousand (2,000) pounds per square inch, of clean, well graded material. If the entire footing is not poured at one time, there shall be at least four (4), one-half (1/2) inch rods, three (3) feet long, joining one day's pour with the next. These rods shall be placed eighteen (18) inches in the footing at the joint while the concrete is still soft. No basement pier or column footing shall be smaller than eighteen (18) inches by eighteen (18) inches by six (6) inches in thickness. The projection of footings beyond the column, pier or wall face shall not exceed the depth of such footing and the width of any footing shall be such that the load or pressure on the soil will be within safe limits, as specified under the State Building Code requirements.
Every footing shall set at least twenty-four (24) hours before the foundation wall or wall forms shall be built on it.
(e) 
Trenching Near Foundation. No trench for sewer or other excavation shall be made below any foundation wall nearer than three (3) feet to any corner of said foundation. No trench for sewer or other excavation shall be made nearer to any column or pier footing than one and one-half (1-1/2) times the depth of the excavation below the bottom of the footing.
(f) 
Back Forms Required. No concrete footings, columns or walls shall be poured against the ground or earth without suitable back forms of wood or metal, unless the soil is self-supporting in clean-cut planes and the Building Inspector will grant special permission.
(g) 
Floor Insulation. Any building or part of a building that is not provided with a basement shall have the flooring of the first story of such building or part of building so insulated that its temperature and moisture resisting properties shall be equal to the temperature and moisture resisting properties of the enclosing and interior walls of such building or part of building.
(h) 
Exterior Basement Walls.
1. 
One and Two (2) Story Frame Buildings. One and two (2) story frame buildings shall have the exterior foundation walls of masonry from the top of footing to the joists or sills, which walls shall be of the following thicknesses:
Frame, wood siding
10 in.
Brick veneer and wood
12 in.
Stucco and wood
10 in.
Every foundation shall be at least as thick as the wall above it. No wall between crosswalls, off-sets or pilasters shall be longer than fifty (50) times its thickness. Plasters shall be no less than sixteen (16) inches wide and the thickness shall be at least one and one-third (1-1/3) times the thickness of the wall of which it is a part.
2. 
One Story Solid Brick Residences. The exterior basement wall shall be not less than twelve (12) inches thick from footing to grade, except when made of a concrete mix designed to sustain two thousand (2,000) pounds per square inch, or better, such wall shall not be less than ten (10) inches thick from footing to grade. From grade up, it may be an eight (8) inch brick wall with headers every sixth course. Every foundation shall be at least as thick as the wall above it. No wall shall be longer than fifty (50) times its thickness between crosswalls, offsets or pilasters. Pilasters shall be no less than sixteen (16) inches wide and the thickness shall be at least one and one-third (1-1/3) times the thickness of the wall of which it is a part.
3. 
Two Story Brick Residences. The exterior basement wall shall not be less than twelve (12) inches thick from footing to joist. Every foundation shall be at least as thick as the wall above it. No wall shall be longer than fifty (50) times its thickness between crosswalls, offsets or pilasters. No pilaster shall be less than sixteen (16) inches wide and the thickness shall be at least one and one-third (1-1/3) times the thickness of the wall of which it is a part.
4. 
Brick Veneer Buildings. Foundations for brick veneer buildings where the brick is supported on the same foundation that the floor joists and studs are supported and where the brick veneer goes down to the grade and the foundation for the joists and studs extends above grade, the foundation wall above grade shall be at least eight (8) inches thick, whether made of masonry or concrete. Every foundation shall be at least as thick as the wall above it. No wall shall be longer than fifty (50) times its thickness between crosswalls, offsets or pilasters. No pilaster shall be less than sixteen (16) inches wide and the thickness shall be at least one and one-third (1-1/3) times the thickness of the wall of which it is a part.
5. 
All Other Buildings. The exterior basement walls shall be not less than twelve (12) inches thick to grade, except that buildings where an eight (8) inch masonry wall is to be supported by said foundation, it may be a ten (10) inch wall of concrete designed to sustain a crushing strength of two thousand (2,000) pounds per square inch or better. Every foundation wall shall be at least as thick as the wall above it. No wall shall be longer than fifty (50) times its thickness between crosswalls, offsets or pilasters. No pilasters shall be less than sixteen (16) inches wide and the thickness shall be at least one and one-third (1-1/3) times the thickness of the wall of which it is a part.
6. 
Excessive Stresses. When pressures due to earth pressure and superimposed building load exceed the maximum working stress permitted in the Wisconsin State Building Code for the materials used and the additional stresses are not otherwise provided for, the wall thickness shall be increased or the form of the wall adjusted to bring the stress within the required limits.
7. 
Exterior Basement Walls of Built up Masonry. Exterior basement walls of built up masonry shall be entirely back plastered below grade, on the outside, with Portland cement mortar having a minimum thickness of one-half (1/2) inch.
(2) 
Masonry Walls and Partitions.
(a) 
State Building Code. All masonry bearing walls shall be constructed as required by the Wisconsin State Building Code, except as hereinafter provided for.
(b) 
Thickness. For one and two (2) story brick residences housing not more than two (2) families, the exterior bearing walls shall not be less than eight (8) inches thick with full header bond, the equivalent of a full header course of brick every sixth course. A building shall be considered a two (2) story building when the bearing walls extend more than three (3) feet above the second floor or said wall is more than seventeen (17) feet high measured from the grade up. No two (2) story residence bearing wall shall have a height to exceed twenty-two (22) feet measured from the lower edge of the first floor joists to the top of the wall.
(c) 
Corbels. Corbels may be built into masonry walls to furnish bearing for joists or other structural parts, but such corbels shall not exceed one-fourth (1/4) the total thickness of the wall and the projection for each course in such corbel shall not exceed one-half (1/2) inch. Corbeling of walls eight (8) inches or less in thickness shall not be allowed.
(3) 
Parapet Walls.
(a) 
Thickness. All exterior, division and party walls of non-fireproof buildings shall have parapet walls not less than eight (8) inches in thickness, extended not less than two (2) feet above the roof, and capped with incombustible material in a manner to protect the masonry against moisture; but, this provision shall not apply:
1. 
To buildings where frame construction would be permitted under the provisions of this Code.
2. 
To walls which face streets or alleys.
3. 
To walls where not less than ten (10) feet of vacant space is maintained between the wall and the boundary line between premises.
4. 
To walls which are not less than ten (10) feet from other buildings on the same premises.
(4) 
Basement Piers. Basement piers or columns shall be of masonry, concrete, approved steel or wood; no wood partitions shall be used for bearing purposes. Steel or wood columns shall be supported by footings projecting at least six (6) inches above the finished floor.
(5) 
Bonds. In all solid unit masonry walls, at least every sixth course on both sides of the wall shall be a full header course, except that in dwellings there shall be at least one full header in every seventy-two (72) square inches of each wall surface. In walls more than twelve (12) inches thick, the inner joints of header courses shall be covered with another header course which shall break joints with the course below.
(6) 
Isolated Piers. The unsupported height of isolated piers shall not exceed ten (10) times their least dimension. Piers of built-up masonry shall be laid up in Portland cement mortar.

13.09 Concrete Construction.

(1) 
Materials.
(a) 
Composition of Aggregate. Concrete aggregate shall consist of natural sands, gravels, crushed rock, air-cooled blast furnace slag or other inert materials having clean, strong, durable particles and shall meet the approval of the Building Inspector. Aggregate containing soft, friable, thin, flaky, elongated or laminated particles totaling more than three percent (3%) by weight or containing shale in excess of one and one-half percent (1-1/2%) or silt and crushed dust finer than No. 100 standard sieve in excess of two percent (2%) shall not be used. These percentages shall be used on the weight of the combined aggregate as used in concrete. When all three (3) groups of these injurious materials are present in the aggregate, the combined amounts shall not exceed five percent (5%) by weight, of the combined aggregate. Aggregate shall not contain strong alkali or organic material which gives a color darker than the standard colorimetric test of the American Society for Testing Materials.
(b) 
Size of Aggregate. The maximum size of the aggregate shall not be larger than one-fifth (1/5) of the narrowest dimension between forms of the member for which the concrete is to be used, not larger than three-fourths (3/4) of the minimum clear spacing between reinforcing bars, or between bars and forms. Maximum size of aggregate is defined as the clear space between the sides of the smallest square opening through which ninety-five percent (95%) by weight of the material can be passed.
(c) 
Mixing. Course aggregate and fine aggregate shall be delivered separately and mixed in the proper proportion with the cement and water on the job, except that ready mixed concrete may be used.
(d) 
Other Requirements. Concrete materials shall in no case be placed on the ground and then placed in the mixer, but shall be deposited on a material platform of wood or concrete.
Water used in mixing concrete shall be clean and free from injurious amounts of oil, acid, alkali, organic matter or other harmful substance.
Storage of cement and aggregate shall be in such manner as to prevent deterioration or the intrusion of foreign matter. Any materials which have been damaged shall be immediately and completely removed from the work.
(2) 
Test of Materials. On concrete or reinforced concrete work, the Building Inspector shall have the right to require the owner or his agent to make tests of the concrete from time to time to determine whether the materials and methods in use are such as to produce concrete or reinforced concrete of the quality specified for use in the design of the building or structure. The tests shall be made when ordered by the Building Inspector, by the owner or his authorized representative and no responsibility for the expense of these tests shall be attached to the City of West Allis. All such tests shall be made by competent persons approved by the Building Inspector and copies of the results shall be kept on file in the office of the Building Inspector for a period of not less than two (2) years after the acceptance of the structure. Specimens of such tests shall be taken at the place where the concrete is being deposited and shall be taken, cured and tested in accordance with the standard specifications C31-66, Part 10 and C39-66, Part 10, of the American Society for Testing Materials.
(3) 
Quality of Concrete.
(a) 
Mixing. Provisions for the design of structures embodied in this section are based on the presumption of concrete of certain strength. To produce concrete of the required strength, the proportion of the mixing water to the cement shall be accurately controlled, except that the ratios of water to cement suggested in this subsection shall not apply to gunite.
(b) 
Strength. The strengths of concrete indicated in the following table are the minimum ultimate strengths that may be expected of Portland cement concrete when using the tabulated ratios of water to cement and when the concrete is cured and tested as specified in paragraph (c), but in all cases the strength used in design shall be the ultimate measure and determining factor. Water or moisture contained in the aggregate must be included in determining the ratio of water to cement.
(c) 
Concrete Mixtures. Assumed Strengths and Quantities of Materials for Concrete Mixtures:
Water Cement Ratio No. of gal. (U.S.) Water per sack of cement
(94 lb.)
Approximate Quantities of Material per sack of cement Dry volumes of aggregate
Assumed Strength at 28 days at 70° F. lb. per sq. inch
Cement
Sand
Course Aggregate
8 1/4
1
3
5
1500
7 1/2
1
2 1/2
4
2000
6 3/4
1
2
3 1/2
2500
6
1
2
3
3000
5
1
1 3/4
2 1/2
3750
4
1
1 1/2
2
5000
All of the concrete shall be governed by the foregoing table and the approximate quantities of materials as listed shall serve as a basis for estimating and designing concrete mixtures for the various strengths of concrete as specified.
In no case shall the quantities of aggregates be increased so that the sum of the separate volumes of aggregate actually used exceed the sum of the separate volumes contained in the aforesaid table. The amount of mixing water used shall at all times be held to the smallest quantity which will produce a workable mixture which will not segregate nor be honeycombed.
(d) 
Structural Drawings. All structural drawings and plans submitted for approval shall show the proposed strength of concrete to be used and the water cement ratio assumed to produce that strength, but the concrete produced and used shall develop a strength in twenty-eight (28) days not less than that shown on the plans and assumed in the design.
(e) 
American Concrete Institute Regulations. Questions of concrete used and design not covered by this Code shall be governed by the building regulations for reinforced concrete of the American Concrete Institute. (ACI-1318-63.)
(4) 
Proportions.
(a) 
The proportions of aggregate to cement for concrete of any water cement ratio shall be such as to produce concrete that will work readily into the corners and angles of the form and around the reinforcement without excessive puddling or spading and without permitting free water to collect on the surface. The proportion of coarse to fine aggregate shall stay within the following limits:
Maximum Size of Coarse Aggregate
Inches
Minimum
Ratio of Coarse to Fine Aggregate on Basis of Dry and Rodded Volumes
Maximum
3/8
0.4
0.8
3/4
0.6
1.5
1 and over
1.0
2.0
(b) 
The amount of coarse aggregate shall not be such as to produce harshness in placing or honeycombing in the structure.
(c) 
When forms are removed, the faces and corners of the members shall be smooth throughout.
(d) 
Admixtures of lime or finely pulverized inert materials may be added, but not in excess of six percent (6%) by volume of the cement used.
(5) 
Control of Proportions. The methods of measuring concrete materials shall be such that the proportions of water to cement can be accurately controlled during the progress of the work and easily checked at any time by the Building Inspector or his authorized representative. A tolerance of one-fourth (1/4) gallon of water per sack of cement in any batch of concrete will be allowed, provided that the average of any ten (10) consecutive batches does not show a water content greater than that shown in the table and on plans as specified in this section.
(6) 
Mixing and Placing Concrete.
(a) 
Mixing. The concrete shall be mixed until there is a uniform distribution of the materials and the mass is uniform in color and homogeneous. In machine mixing, only batch mixers shall be used. Each batch shall be mixed not less than one minute after all the materials are in the mixer and must be completely discharged before the mixer is recharged. Machine mixers shall have a peripheral speed of approximately two hundred (200) feet per minute.
(b) 
Cleaning Forms and Equipment. Before concrete is placed, all equipment for mixing and transporting the concrete shall be cleaned, all debris shall be removed from the spaces within the forms to be occupied by the concrete, forms shall be thoroughly wetted (except in freezing weather) or oiled, and masonry that will be in contact with concrete shall be drenched (except in freezing weather). Reinforcements shall be thoroughly cleaned and held securely in position. Concrete shall not be placed until the forms and reinforcement shall have been inspected and accepted by the Building Inspector.
(c) 
Removing Water from Excavations. Water shall be removed from excavations before concrete is deposited, unless otherwise directed by the Building Inspector. Any flow of water into an excavation shall be diverted by other approved methods which will avoid washing the freshly deposited concrete. Water vent pipes and drains shall be filled by gravel, crushed rock or otherwise, after the concrete has thoroughly hardened.
(d) 
Transporting Concrete. Concrete shall be handled from the mixer to the place of final deposit as rapidly as practicable by methods which shall prevent the separation or loss of the ingredients. It shall be deposited as nearly as practicable in the final position to avoid rehandling or flowing. Under no circumstances shall concrete that has attained its initial set be used.
(e) 
Placing. Concrete shall be thoroughly compacted with suitable tools. When necessary, openings shall be provided in the forms to permit the placing of concrete in such a manner as to avoid accumulations of hardened concrete on the forms or reinforcing bars. The concrete shall be thoroughly worked around the reinforcement.
(f) 
Curing. Exposed surfaces of concrete shall be kept moist for a period of at least seven (7) days after being deposited.
(g) 
Depositing in Cold Weather. When depositing concrete at freezing temperatures, the concrete shall be maintained at a temperature of at least fifty degrees Fahrenheit (50° F.), but not more than one hundred twenty degrees Fahrenheit (120° F.), the concrete shall be maintained at a temperature of not less than fifty degrees Fahrenheit (50° F.), for not less than seventy-two (72) hours after placing. When necessary, concrete materials shall be heated before mixing. Dependence shall not be placed on salt or other chemicals for the prevention of freezing.
(h) 
Bonding Fresh and Hardened Concrete. Before new concrete is deposited on or against concrete which has set, the forms shall be retightened, the surface of the set concrete shall be roughened, cleaned of foreign matter and laitance and thoroughly wetted but not saturated. The cleaned and wetted surface of the hardened concrete, including vertical and inclined surfaces, shall first be slushed with a coating of 1:2 cement mortar against which the new concrete shall be placed before the mortar has attained its initial set.
(7) 
Forms and Details of Construction.
(a) 
Design of Forms. Forms shall conform to the shape, lines and dimensions of the member as called for on the plans and shall be sustained and sufficiently tight to prevent leakage of mortar. They shall be properly braced or tied together so as to maintain position and shape. If adequate foundation for shores cannot be secured, trussed supports shall be provided.
Forms shall be so designed, braced and aligned as to keep the finished columns of the building plumb with not more than an error of one to one thousand (1,000) in the height of the exterior columns, or of columns adjacent to elevators. Temporary openings shall be provided at the base of column and wall forms, and at other points where necessary to facilitate cleaning and inspection.
(b) 
Removal of Forms. Forms shall not be disturbed until the concrete has hardened sufficiently to permit their removal with safety. Shoring shall not be removed until the member has acquired sufficient strength to support safely its own weight and the load upon it. Members subject to additional loads during the construction shall be adequately shored to support both the members and construction loads in a manner that will protect the member from damage.
(c) 
Cleaning and Bonding Reinforcements. Metal reinforcement, before being placed, shall be thoroughly cleaned of loose mill and rust scale and of other coating that will destroy or reduce the bond. Reinforcements shall be carefully formed to the dimensions indicated on the plans. Cold bonds shall be made around a point having a diameter of not less than four (4) times the least dimension of the bar.
Metal reinforcement shall not be bent, straightened or handled in a manner that will injure the material. Bars with kinks or bends not shown on the plans shall not be used. Heating of reinforcement will be permitted only when approved by the Building Inspector.
(d) 
Placing Reinforcement. Metal reinforcement shall be accurately placed and secured and shall be supported by chairs, spaces or hangers. The minimum clear distance between parallel bars shall be one and one-half (1-1/2) times the diameter for round bars or one and one-half (1-1/2) times the diagonal for square bars. The minimum clear distance between bars and forms shall be the diameter of round bars and the diagonal of square bars. If the ends of bars are anchored, the clear spacing may be made equal to the diameter of round bars or to the diagonal of square bars, but in no case shall the spacing between bars be less than one inch, nor less than one and one-third (1-1/3) times, the maximum size of the coarse aggregate. The main longitudinal slab steel shall be spaced not more than two and one-half (2-1/2) times the slab thickness. Not less than two-tenths of one percent of transverse steel shall be provided. (Note: For example, consider a slab eight (8) inches thick. A strip of twelve (12) inches wide has a cross-sectional area of eight (8) times twelve (12), or ninety-six (96) square inches. Two-tenths of one percent is 0.002 x 96 or 0.192 square inches of steel required for every foot width of slab. A one-half (1/2) inch round bar has a cross-section area of 0.1963 square inches. Therefore, a slab eight (8) inches thick shall have a one-half (1/2) inch round rod every twelve (12) inches placed at right angles to the main reinforcement.)
(e) 
Reinforcement Splices and Offsets. In slabs, beams and girders, splices or reinforcement shall not be made at points of maximum stress without the approval of the Building Inspector. Splices, where permitted, shall provide sufficient lap to transfer the stress between bars by bond and sheer. In such splices, the bars shall be spaced at the minimum distance specified in the preceding paragraph.
Where changes in the cross-section of a compression member occur, the longitudinal bars shall be sloped for the full length of the member or offset in a region where lateral support is afforded. Where offset, the slope of the inclined portion from the axis of the member shall not be more than one in six (6).
(f) 
Construction Joints. Joints not indicated on the plans shall be so made and located as to least impair the strength of the completed structure. Where a joint is to be made, any excess water and laitance shall be removed from the surface after concrete is deposited. Before depositing of concrete is resumed, the hardened surface shall be treated as specified in paragraph (h) of subsection (6) of this section.
At least one hour must elapse after concrete is deposited in the columns or walls before depositing in beams, girders or slabs supported thereon.
Haunches and column capitals shall be considered as part of, and to act continuous with, the floor.
Construction joints in floors shall be located near the middle spans of slabs, beams or girders, unless a beam intersects a girder at this point, in which case the joints in the girder shall be offset a distance equal to twice the width of the beam. Provision shall be made for shear by use of reinforcement inclined in both directions across the joint.

13.10 Wood Frame Construction.

(1) 
Grades of Lumber. All structural members including columns, girders, joists, studding and rafters shall be No. 1 Common or better according to American Lumber Standards.
(2) 
Exterior Walls and Wall Covering.
(a) 
Exterior walls of one and two (2) story frame buildings shall be constructed with studding not less than two (2) inches by four (4) inches spaced sixteen (16) inches on centers, except frame garages, which may have studding as hereinafter ordained.
Buildings three (3) stories in height shall have the first story studs not less than two (2) inches by six (6) inches spaced sixteen (16) inches on centers.
Where studs continue through more than one story, joists shall be nailed securely to the studs and shall be supported upon a one (1) inch by four (4) inch ribbon notched into the studs and securely nailed thereto. Where stories are framed separately, each tier of studding shall have top and bottom plates and top plates shall be doubled and lapped at all corners and intersections. Laps in separate pieces of the top plate shall be staggered thirty-two (32) inches.
(b) 
All frame buildings shall have exterior walls covered with solid wood sheathing not less than thirteen-sixteenths (13/16) of an inch thick or with such other sheathing material as is approved by the Inspector.
Wood sheathing shall be securely nailed with at least two (2) 8d common nails in every board on each stud when six (6) inch sheathing is used and with three (3) such nails if eight (8) inch boards are used.
Wood sheathing shall be covered on the outside with waterproof building paper.
When approved sheathing other than wood is used, the framing of the building shall be thoroughly braced in all outside walls and as may be required in cross partitions in each story. If such sheathing is not waterproof, it shall be covered with waterproof building paper.
(c) 
Bearing headers over openings in exterior bearing walls and interior bearing partitions shall conform with the following table:
Size of Bearing Headers
Maximum Allowable Span
2-2" x 4" on edge
4'
2-2" x 6" on edge
5'6"
2-2" x 8" on edge
7'6"
2-2" x 10" on edge
9'
2-2" x 12" on edge
11'
All openings four (4) feet wide or less shall be provided with double headers of not less than two (2) inches by four (4) inches placed on edge. All openings more than four (4) feet wide shall be trussed or provided with headers which shall have not less than two (2) inch solid bearing to the floor or bottom plate.
(d) 
Where studs pass through from floor to floor, they shall be provided with suitable fire stops at the point of passage through the floor joists. If cove ceilings are used, the fire stops shall be placed at the bottom of the cove. Studs around stairwell openings shall be fire stopped at each story. Fire stops shall be tightly fitted between studs and shall not be less than (two) inches in thickness and be the same width as the studding.
(3) 
Stairways. Every stairway except attic stairs shall have a uniform rise of not more than seven and one-half (7-1/2) inches, and a uniform tread of not less than nine (9) inches measuring from tread to tread and from riser to riser. There shall be no more than eighteen (18) risers in any run.
(4) 
Interior Partitions. All interior bearing and nonbearing partitions shall be constructed, framed and fire stopped as specified for exterior walls, except that interior nonbearing partitions may have a single top plate.
(5) 
Floor Construction. All one and two (2) family residence buildings shall be designed to support a superimposed live load on each floor, except attic, of not less than forty (40) pounds per square foot of horizontal area.
(a) 
Girders. Girders supporting first floor joists in residence buildings shall conform to the following table:
Wood girders based on allowable stresses for No. 1 Common Pine or Douglas Fir.
Width of Floor Tributary to Beam
Span of Beam (Center to Center of Bearings)
No. of Floors and Ceilings
Size of Wood Beam
Size of Steel I Beams
18 ft.
7 ft.
1
6 x 8
5 in. - 10.0 lbs.
18 ft.
8 ft.
1
8 x 8
6 in. - 12.5 lbs.
12 ft.
9 ft.
1
6 x 8
6 in. - 12.5 lbs.
12 ft.
10 ft.
1
8 x 8
7 in. - 15.3 lbs.
18 ft.
10 ft.
1
8 x 10
7 in. - 15.3 lbs.
14 ft.
7 ft.
2
8 x 8
6 in. - 12.5 lbs.
18 ft.
7 ft.
2
8 x 10
7 in. - 15.3 lbs.
12 ft.
8 ft.
2
8 x 8
6 in. - 12.5 lbs.
18 ft.
8 ft.
2
8 x 10
7 in. - 15.3 lbs.
14 ft.
9 ft.
2
8 x 10
7 in. - 15.3 lbs.
18 ft.
9 ft.
2
8 x 12
8 in. - 18.4 lbs.
16 ft.
10 ft.
2
8 x 12
8 in. - 18.4 lbs.
(b) 
Moisture Conditions. When columns or posts supporting girders or first floor joists are exposed to moisture, such as on the ground or basement floor, the foundation or bearing shall be of concrete or masonry material and shall be built up at least six (6) inches above the basement floor level.
(c) 
Floor Joists. Floor joists in residences shall conform to the following table:
Table "A" No. 1 Common Hemlock, Norway Pine or Spruce.
Table "B" No. 1 Common Yellow Pine or Douglas Fir.
Size of Joists
Spacing of Joists
Maximum Allowable Span
(Feet and Inches)
Center to Center
(in inches)
Table A
Table B
2 x 8
12
11-7
13-4
16
10-1
11-8
2 x 10
12
14-7
16-10
16
12-8
14-8
2 x 12
12
17-6
20-2
16
15-3
17-8
2 x 14
12
20-4
23-6
16
17-10
20-7
Floor joists shall not be less than two (2) inches by eight (8) inches, except that two (2) inches by six (6) inches joists may be used in attics where no attic floor is installed.
Wooden floor joists installed in buildings without a basement shall have a clear space of at least twelve (12) inches between the bottom of the joists and surface of the ground underneath. Vents shall be placed at opposite ends of all such under-floor spaces. Such floors shall be effectively insulated as provided for in Sec. 13.08(1)(g).
(6) 
Backing for Lath. When backing for lath is necessary, such backing shall not be less than one (1) inch by four (4) inches nailed solidly to the stud or joist.
(7) 
Roof and Ceiling Construction. The following table gives maximum allowable span for ceiling and joists:
Table "A" No. 1 Common Hemlock, Norway Pine or Spruce.
Table "B" No. 1 Common Yellow Pine or Douglas Fir.
Size of Joists
Spacing of Joists
Center to Center
(inches)
Maximum for Ceilings Joists No Floor Load Above
Maximum for Flat Roof Joists
Table A
Table B
Table A
Table B
2 x 6
12
13-0
15-0
10-4
12-0
16
11-0
13-0
9-1
10-6
24
7-5
8-72
2 x 8
12
17-0
19-0
13-9
15-11
16
15-0
17-0
12-0
13-11
24
9-11
11-5
2 x 10
12
21-0
23-0
17-3
19-11
16
19-0
21-0
15-1
17-4
24
12-6
14-5
(8) 
Frame Roofs.
(a) 
In General. Roofs shall be designed to support a superimposed live load of thirty (30) pounds per square foot.
(b) 
Pitched Roofs. Two (2) inch by four (4) inch material may be used for rafters when the pitch is one-third (1/3) or more, span not over twelve (12) feet and the spacing not more than sixteen (16) inches center to center.
(c) 
Flat Roofs. Minimum size for joist on flat roofs shall be two (2) inches by six (6) inches.
(d) 
Roof Covering. Wherever a composition roofing is used, the roof construction shall be solidly sheathed.
(e) 
Ordinary Roofing. "Ordinary" roof coverings shall be any roof covering which meets the requirements specified for the Class C specifications of the Underwriters.
(f) 
Wood Shingles. Wood shingles used as roof covering shall be of clear vertical grain all-heart wood and shall be not less than five (5) shingles to two (2) inches in thickness at the butt (U.S. Government Standard). All wood shingles shall be nailed firmly with copper, zinc, zinc-coated, galvanized or commercially pure from nails of at least twelve and one-half (12-1/2) gauge and not less than one and one-quarter (1-1/4) inches long. Each shingle shall be nailed with at least two (2) nails driven substantially into the supporting roof construction. All wood shingles shall be laid with the following exposures as compared to total length of shingle:
Total Length of Shingle
Permissible Exposed Length
16 inches
4 1/2 inches
18 inches
5 1/2 inches
24 inches
7 1/2 inches
(9) 
Combustible Insulating Materials. Combustible insulating materials may be placed in partitions, floor or roof framing, but shall in no way interfere with or form a part of the fire blocking or fire separations required by this Code.
(10) 
Drainage of Roof. Except for private accessory buildings, all roofs of all buildings and structures hereafter erected and all roofs of all existing buildings and structures shall be provided with approved water-tight gutters and conductors for conducting water from roofs onto splash blocks or into street gutters in such a manner as to prevent basement leakage of the home on which the gutters and conductors are attached, or to adjoining homes and so as to prevent the erosion of soil or other similar damage to adjoining properties. Such gutters shall be of a size approved and designated by the Building Inspector, but not to exceed four (4) inches. Such gutters and conductors shall be fastened to place in an approved manner and shall be maintained in good repair at all times.

13.11 Framing Details.

(1) 
Horizontal Members.
(a) 
Girders and Beams. Girders and beams where entering or resting on masonry walls shall have a bearing of at least four (4) inches.
(b) 
Separation by Masonry. Wood members entering masonry party or fire walls shall be separated from the opposite side of the wall and from beams entering the opposite side of the wall by four (4) inches of masonry. The ends of joists, beams and girders shall be splayed or fire-cut to a level of not less than three (3) inches in their depth. Where wood joists rest on the top of a masonry wall, the ends of such joists shall be properly spiked to a two (2) inch plank the same width as the joists, the joists shall be properly beam filled to provide anchorage to the masonry wall.
(c) 
Anchors. Where the outside walls are built of masonry, anchors for each tier of joists shall be provided where they enter masonry walls, and also when they are parallel to masonry walls. Such anchors shall be three-quarter (3/4) inch round from or equal, not less than thirty-six (36) inches long, fitted with a three-quarter (3/4) inch by ten (10) inch pin at the wall end, and shall be spaced not more than six (6) feet apart. The pin shall be placed vertically in the wall and four (4) inches from the opposite face of such wall. Such anchors shall, in all cases, occur on the opposite ends of the same run of joists, and where the length of joists is less than the distance across a building, the ends of joists shall be lapped and spiked so as to form a continuous tie across the building. Anchors shall be placed across the top of joists that run parallel to the wall and shall be fastened to the ends of joists below the neutral axis.
(d) 
Floor Joists. Floor joists shall be supported by beams, bearing partitions or walls. Where entering exterior stud walls, the joists shall be supported by a ribbon set into the studs if no plate is provided. Joists shall be well nailed to supporting studs.
(e) 
Joists. Joists under bearing partitions and running parallel thereto shall be doubled and well spiked, or separated by solid bridging not more than sixteen (16) inches on centers to permit the passage of pipes.
(f) 
Wood Cross Bridging. Wood cross bridging shall be placed between joists if the span is over eight (8) feet. The distance between bridging or between bridging and bearing shall not exceed eight (8) feet. Bridging shall be at least one (1) inch by three (3) inches in size.
(g) 
Metal Cross Bridging. Metal cross bridging of equal or greater strength may be used in the place of wood cross bridging.
(h) 
Cutting Into Structural Members. Cutting of wood girders, beams or joists shall be limited to cuts and bored holes not deeper than one-fifth (1/5) the beam depth below the top and located not further from the beam end than three (3) times the beam depth. There shall be no cutting or notching the underside of any required size beam or joist.
(2) 
Stud Framework.
(a) 
Sills and Plates. Where partition studs do not rest on walls or beams, stud partitions shall be provided with sills or plates with dimensions not less than the studs.
(b) 
Bearing Partitions. In bearing partitions, the top plate shall be doubled and lapped at each intersection. Joints in the upper and lower members of the top plate shall be staggered not less than thirty-two (32) inches.
(c) 
Studs. Studs in bearing walls and bearing partitions shall be not less than 1-5/8 x 3-5/8 inches in size with the 3-5/8 inch dimension at right angles with the plane of the wall or partition. Angles at corners where stud walls or partitions meet shall be framed solid so that no lath can be extended from one room to another.
(d) 
Piping. Stud partitions containing plumbing, heating or other pipes shall be framed to accommodate such equipment.
(e) 
Wood Lath. Furring or framing shall be placed not less than two (2) inches from any chimney and not less than four (4) inches from the back of any fireplace.
(3) 
Roof Framing.
(a) 
Rafters. Valley and hip rafters shall be two (2) inches wider than the common rafters, where dormers or gables are over six (6) feet in width, the valley rafters shall run through to the ridge of the main roof; where the ridge of the dormer or gable is below the ridge of the main roof, one valley rafter shall run through to the ridge of the main roof.
(b) 
Metal Flashings. Metal flashings shall be placed around all openings in end extensions of mechanical appliances or equipment through the roof.
(c) 
Collar Beams. Collar beams shall be provided when rafters are sixteen (16) feet or over, measured from the ridge to the bearing plate. Such collar beams shall be not less than two (2) inches by four (4) inches and shall be placed not more than thirty-two (32) inches center to center.
(4) 
Trusses.
(a) 
Joints. Wood trusses and truss framing shall have all joints accurately cut and fitted together so that each bearing is true and drawn tight to the full bearing. All such trusses shall be properly secured in place by lateral bracing.
(b) 
Washers. Washers of sufficient size to distribute the loads properly shall be used in connection with rods or metal members. Before a truss is loaded, the tension rods shall be properly adjusted.
(c) 
Anchoring. Timber trusses shall be securely anchored to the wall at points of bearing.

13.12 Private Garages.

(1) 
Combined with Dwellings. When a garage is located beneath or attached to a dwelling, the provisions on frame construction as stated in sections 13.10 and 13.11 prevail. Floor and ceiling construction above the garage, when it is located beneath the building, shall be unpierced and shall have a fire resistance of one hour, based upon the standard specification for fire tests for materials and construction. The walls and partitions shall be of such construction as will meet the requirements of the one hour fire tests, as above specified. Openings from dwelling into garage shall be restricted to a single doorway. Such opening shall be protected by a door, metal clad on the garage side. Wooden casings or jambs exposed on the garage side shall be metal clad. When a doorway connects directly with a cellar or basement on the same or lower level, the door sill shall be raised at least one foot above the garage floor level, or the doorway shall lead into a vestibule from which a second door connects with the cellar or basement.
(2) 
Separated from Dwelling. Private garages of frame construction, not attached to or a part of frame dwellings, shall not be constructed more than one story in height, nor more than eighteen (18) feet in height, measured from the floor to the peak of a pitched roof. The walls may have studs spaced not more than two (2) feet, center to center, with a single plate at the bottom and a double plate at the top. Wood drop siding may be used for enclosure walls securely nailed with at least two (2) 7d box nails in each board on each stud, when four (4) inch boards are used and two (2) 8d common nails, when six (6) inch boards are used. The rafters in pitched roofs of such garages may be two (2) inches by four (4) inches, twenty-four (24) inches center to center.
(3) 
Masonry Construction.
(a) 
Permitted. Nothing in this section shall be construed to prohibit the erection of private garages of masonry construction.
(b) 
Fire Resistance. Private garages of masonry construction, when built in combination with dwellings, shall conform to the provisions of subsection (2) of this section, as regards fire resistance.
(c) 
Height and Rafter Requirements. Private garages of masonry construction, when not built in combination with dwellings, shall conform to the provisions of subsection (3) of this section, as regards height and roof rafter requirements.
(4) 
Floors. Garage floors shall be concrete or equally fire resistive and impervious material.

13.13 (Reserved)

[Ord. O-2008-0008, 3/4/2008]

13.14 Lathing and Plastering.

(1) 
Permit for Plastering. Before any person, firm or corporation shall commence work on any inside plastering or outside stucco or inside dry walling, a permit shall be obtained from the Building Inspector; provided, however, that no permit shall be required for any job for inside plastering or dry wall work not exceeding one hundred (100) square yards. When under this subsection permits are required for inside plastering or dry walling, a fee shall be charged in accordance with Section 13.255 of this Code. The cost of inspection on outside stucco shall be included in the fees provided for under the applicable Section 13.255.
(2) 
Walls and Partitions. The surface of all walls and partitions back of any wainscoting in any building hereafter constructed, enlarged or repaired shall be plastered with at least one coat of plastering of three-eighths (3/8) inch or more in thickness, unless such wainscoting is placed against a fireproof wall.
(3) 
Wood Lath. Wherever wood lath is used as a plaster base, said lath shall be not poorer than No. 2. Such lath shall have an average of not more than one and five-eighths (1 5/8) inches in width and not less than three-eighths (3/8) inch in thickness. Both ends of the lath must have at least an inch of firm wood for nailing. The corners of every room lathed with wood lath shall have corners reinforced with expanded metal lath extending at least four (4) inches each way from the corner. The gauge of the metal from which the lath is expanded shall be no lighter than twenty-five (25) gauge.
(4) 
Key Lath Joints. All ceilings, studding, partitions and furred walls of all buildings, when plastered with lime mortar on wood lath, shall have not less than a three-eighths (3/8) inch key and the ends of the lath shall not be crowded tightly together. Joints shall be broken at least every seventh lath.
(5) 
Three-Coat Work. Wherever three-coat plastering work is to be done, there shall be provided, on all partition and wall openings, three-quarters (3/4) inch grounds, or the frames shall be set projecting three-quarters (3/4) inch outside the face of the studding, said grounds or frames to be of substantial construction and set true and straight. Lath shall in no case be used as grounds.
(6) 
First or Scratch Coat.
(a) 
Ingredients. The first or scratch coat of all three-coat work shall be at least equal to the following: The line shall be of the best quality, evenly and thoroughly burned limestone; the sand shall be of angular grains, sharp, properly screened and free from loan or other deleterious substances; the hair binder shall be water-soaked, well beaten, clean, long winter hair, or approved vegetable fiber cut in two-inch to three-inch lengths may be used for such binder.
(b) 
Mixture. The mortar for the first or scratch coat shall be mixed in the proportions of one barrel of lump lime, two and one-half (2-1/2) barrels of clean, sharp sand, and the binder in the proportion of two (2) pounds of hair on three (3) pounds of fiber to one hundred (100) pounds of lump lime. Said coat shall be well keyed into the lath and shall be at least three-sixteenths (3/16) inch thick. It shall be scored to scratch with diagonal lines in two directions nearly through the thickness. The lime shall be thoroughly slacked, the putty being allowed to cool before incorporating the hair, to avoid burning. The sand shall then be added and thoroughly mixed, and the mortar banked for at least one week before it is applied.
(7) 
Second or Brown Coat. The second or brown coat shall be at least one-quarter (1/4) inch thick and shall not be applied until the scratch coat is dry and it shall be brought to a true plane. The mortar shall be composed of one barrel of lump lime to five (5) barrels of sand with binder in proportion of one (1) pound of hair or fiber to one hundred (100) pounds of lump lime. The mortar for said brown coat shall be prepared as for the scratch coat and banked for at least one week before it is applied. This thickness of the first two coats of plaster shall not be less at any point than one-half (1/2) inch measured from the outside of the lath.
(8) 
Third or Finish Coat. The third or finish coat shall be the best quality of prepared finish or well slacked lime putty gauged with plaster of Paris, or plaster of Paris with marble dust or white sand in combination. The mix shall be proportioned one part of plaster and two (2) parts of white mortar. The lime shall be thoroughly slacked in a box, mixing in a small proportion of white sand or marble dust. It shall then be run through a No. 10 mesh wire sieve into a storage box and allowed to stand at least forty-eight (48) hours before gauging with plaster of Paris and applying. Hydrated limes of approved brands may be used in place of lump lime. The third coat, when finished, shall present an even and true surface.
(9) 
Cornices or Coves. All cornices or coves shall be run straight, true and smooth.
(10) 
Patented or Hard Wall Plaster. Patented or hard wall plasters shall be of brands approved by the Building Inspector and shall be received at the scene of building operations in the manufacturer's original packages and shall be mixed and applied in accordance with the manufacturer's specification. The lath shall be spaced not less than one-quarter (1/4) inch apart, joints to be broken at least every seventh lath, leaving a space between ends of lath. Patent or hard wall plasters shall be applied promptly after mixing, and with sufficient pressure to form a good and sufficient key or clinch on the opposite side of the lath.
(11) 
Two (2) Coat Work. Lath shall in no case be used as grounds. All grounds or jambs for two (2) coat work, where patent plasters are used, shall be of substantial construction and shall project beyond the face of the studding or wall three-quarters (3/4) inch. Where wood lath are used for such work, they shall be spaced not less than one-quarter (1/4) inch apart, with joints broken at least every seventh lath. The proportions of the materials for two (2) coat patent plaster work shall be the same as specified by the manufacturer of the plaster and shall be applied promptly after mixing with sufficient pressure to insure a good key or clinch on the opposite side of the lath. The first coat shall be straight, true and square to the floor line, leaving an even and regular surface, and the second coat shall not be applied until the first coat shall have thoroughly set. The thickness of the two (2) coats shall not be less at any point than three-eighths (3/8) inch, measured from the outside of the lath. All white mortar finishing coats, on any kind of plastering work, shall be laid on and troweled or floated to a smooth surface leaving, on completion, neither deficiencies nor brush marks.
(12) 
Plastering on Plaster Board. No plaster board or sheets of composition board shall be used as a plaster base until the same have been approved by the Building Inspector for such use. Where plaster board or sheets of composition board are used for plaster base, it shall be nailed not further than four (4) inches center to center of nails on every stud or joist.
(13) 
Plastering on Metal Lath.
(a) 
Three (3) coat Work. In all cases where plastering is applied to wire or metal lath, said plastering shall be three (3) coat work, consisting of a scratch coat, brown or second coat and finish coat, the finish coat to be put on as desired by the owner.
(b) 
Fabricated Material. No fabricated material intended for a base to receive exterior stucco or interior plaster shall be used until the same shall have been approved by the Building Inspector for such use. Any such fabricated material to be used must be constructed or fabricated in accordance with approved engineering principles and must have a tensile strength not less than that of twenty-four (24) guage expanded metal weighing three and four tenths (3.4) pounds per square yard and must have rust-resisting qualities equal to those of galvanized metal lath.
(14) 
Plastering Concrete Work. Where plastering is applied to concrete work, the concrete shall be thoroughly cleaned, chipped, scored or dashed with Portland cement and sand before the plastering is done. Wherever unsanded patent plaster is used, the proportion of plaster to sand in the mix of the first or scratch-coat shall be not less than one part of plaster to one part of sand and such plaster shall be so applied as to thoroughly cover all concrete work to which it is applied.
(15) 
Exterior Cement Stucco.
(a) 
Expanded Metal Lath. Expanded metal lath shall be used for exterior stucco work. It shall not be less in thickness than No. 24 U.S. Standard Gauge and shall weigh not less than three and four tenths (3.4) pounds per square yard; and, whenever woven wire lath is used for such work, the wire used in the manufacture of wire lath shall not be less in thickness than No. 23 U.S. Standard Gauge and shall weigh not less than three and four tenths (3.4) pounds per square yard. All metal and wire lath to be fastened on with galvanized staples not less than one inch in length and spaced not more than six (6) inches apart vertically and not more than twelve (12) inches apart horizontally. All such lath shall be painted or coated with rust-resisting materials.
(b) 
Furring. Wherever non-furring lath, consisting of expanded metal or woven wire lath, is used for stucco work, furring at least one-quarter (1/4) inch in thickness shall be properly fastened to the outside walls in a vertical position, said furring to be spaced not more than twelve (12) inches on centers.
(c) 
Three (3) Coats Needed. Except as provided hereinafter for patented exterior stucco, all exterior cement stucco work shall consist of three (3) coats: first, a scratch-coat; second, a brown coat; and, third, a dash or finish coat.
(d) 
First Coat. The first coat of all stucco work shall consist of one part Portland cement and two (2) parts of sand, and sufficient hair or other approved fiber shall be added thereto to properly bind the mortar. Provided, however, that not to exceed ten (10) pounds of lime putty may be added to each sack of Portland cement, at the discretion of the designer or owner. Said first coat shall be properly scratched with diagonal lines in two (2) directions, nearly through its thickness and shall be thoroughly set before the second coat is applied.
(e) 
Second Coat. The second coat shall consist of one part Portland cement and not more than two and one-half (2-1/2) parts of sand. No lime shall be used therein and said second coat shall be thoroughly set before the third coat is applied.
(f) 
Third Coat. The third coat shall consist of one part of Portland cement and not more than one and one-half (1-1/2) parts of sand or pebbles and may be finished as directed by the designer or owner.
(g) 
Thickness of Coats. The thickness of the first two (2) coats of such stucco plastering shall not be less at any point than three-quarters (3/4) inch, measuring from the outside of the lath.
(h) 
Weather Conditions. No such stucco work shall be done in freezing weather and, whenever such work is done in hot weather, it shall be sprayed occasionally with water so as to prevent it from checking or cracking.
(16) 
Patented Exterior Stucco. All patented exterior stucco hereafter used or applied shall be applied at least three-quarters (3/4) inch thick over the face of the lath, tile or other construction, said thickness to be exclusive of the stone or dash and thicker, if so specified by the manufacturers. If the factory specifications for the particular type of such stucco to be used call for one-coat work, the stucco shall be troweled on and brought to a level surface and to a thickness of not less than three-quarters (3/4) inch, outside of the lath or other construction to which it is applied, before the stone or dash is applied. If such factory specifications call for two (2) coat work, the first or scratch-coat shall be put on to a thickness of not less than three-eighths (3/8) inch over the face of the lath or other construction to which it is applied, and the finish or second coat shall be applied to a thickness of not less than three-eighths (3/8) inch before the stone or dash is thrown on.
No exterior stucco shall be applied on wood lath.
(17) 
Interior Basement Walls. Wherever the interior walls of basements are plastered below the grade of the lot, Portland cement mortar shall be used.
(18) 
Suspended Ceilings.
(a) 
Hangers. All hangers to be not less than three-sixteenths (3/16) round iron, anchored to top of floor construction with anchors not less than eight (8) inches long. If structural framing can be used, hangers shall be attached to the same. Hangers to be not less than No. 8 galvanized wire; three-fourths by three-sixteenths (3/4 x 3/16) inch flat or three-sixteenths (3/16) inch round mild steel spaced not to exceed four (4) feet in each direction.
(b) 
Carrying Bars. Carrying bars or runners shall not be less than one and one-half (1-1/2) inch channels of .422 pound not to exceed four (4) feet center to center. Channel furring shall be not less than three-quarter (3/4) inch channel of .276 pound twelve (12) inch center for three and four tenths (3.4) pounds flat lath, or twenty (20) inch center for three and five tenths (3.5) pound rib lath. The lath shall be fastened to the furring channels with at least eighteen (18) guage galvanized annealed wire spaced at least every six (6) inches. The furring channels shall be fastened to the carrier or runner channels by at least fourteen (14) gauge annealed wire, wrapped twice around both channels and secured by a double or triple twist to form the so-called "saddle tie."
(c) 
Weight of Lath. The minimum weight of lath shall be three (3) pounds per square yard.
(d) 
Carrying Ceiling. When the ceiling is to be plastered tight against the underside of joints, the following method of carrying the ceiling will be permitted: fourteen (14) gauge galvanized wire hangers placed not farther apart than twelve (12) inches along each joist and not less than eight (8) inches projecting below the beam or joist to fasten the channels to. The channels shall be not less than three-quarter (3/4) inch channels of .276 pound and shall run at right angles to the joists and not farther apart than twelve (12) inches. The lath shall then be fastened to the channels as specified above.
(19) 
Furring for Cornice. Furring of all false beams and cornice furring brackets to be made of standard (hot rolled) channel not less than three-quarter (3/4) inch or three-quarter by three-sixteenths (3/4 by 3/16) inch flat iron. These brackets where three-quarter (3/4) inch channel is used for cross furring for each member, shall not be placed more than three (3) feet apart. All work of this nature must be properly cross-braced so as to hold it to a true line for plastering. All brackets shall have hangers not to exceed three (3) feet on centers.
(20) 
Corner Beads. Corner beads shall be erected straight and true with clips or fastenings not over twenty-four (24) inches apart. Lathers are required to use either a line or straight edge and erect corner beads in a proper and workmanlike manner.
(21) 
Notice to Inspector. Every contractor, before doing any plastering work on any building, shall first notify the Building Inspector as to when the work of plastering to be commenced.

13.15 Alternate Materials and Types of Construction.

(1) 
Offered for Approval. The provisions of this Chapter are not intended to and do not prevent the use of types of construction or materials offered as an alternative for the types of construction or materials required by this Chapter, but such alternate types of construction or materials to be given consideration shall be offered for approval, as specified in this section.
(2) 
Approval By Inspector. Any person desiring to use types of construction or materials, not specifically mentioned in this Chapter, shall file with the Building Inspector authentic proof in support of types of construction and materials and request approval and permission for the use of same.
(3) 
FHA Specifications. Plans, specifications, rules and regulations of the Federal Housing Authority of the United States government, which have been duly promulgated for the area in which the City of West Allis is located, respecting residential house construction, may be the acceptable standard for that type of construction for the City of West Allis and permits therefor may be issued by the Building Inspector, even though at variance with the building code contained in this Chapter.

13.16 Order to Stop Work.

Whenever any building work is being done contrary to the provisions of this Chapter or is being done in an unsafe or dangerous manner, the Building Inspector may order the work stopped by notice in writing served on any person engaged in, doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Inspector to recommence and proceed with the work.

13.17 Vacated Buildings for Noncompliance.

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 ten (10) days after receipt of the notice or make the building or portion thereof comply with the requirements of this Chapter on use and occupancy.

13.18 Condemnation of Unsafe Structures.

(1) 
Order by Inspector. The Building Inspector may order the owner of premises upon which is located any building or part thereof which, in his judgment, is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, 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. The order shall specify a time in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or his agent, when an agent is in charge of the building, and upon the holder of any encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or holder of any encumbrance of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing in the official newspaper of the City for two (2) consecutive publications at least ten (10) days before the time limited in the order to commence work.
(2) 
Refusal to Obey Order. If the owner shall fail or refuse to comply within the time prescribed, the Building Inspector shall cause such building or part thereof to be razed and removed, either through any available public agency or by contract or arrangement with private persons, or closed, if unfit for human habitation, occupancy or use. The cost of such razing and removal or closing shall be charged against the real estate upon which such building is located and shall be a lien upon such real estate, and shall be assessed and collected as a special tax. If the building or part thereof is unsanitary and unfit for human habitation, occupancy or use, and is not in danger of structural collapse, the Building Inspector shall post a placard on the premises containing the following words: "This Building Cannot Be Used for Human Habitation, Occupancy or Use," and it shall be the duty of the Building Inspector to prohibit the use of the building for human habitation, occupancy or use until the necessary repairs have been made.
(3) 
Appeal from Order. Anyone affected by any such order may apply to the Circuit Court for an order restraining the Building Inspector from razing and removing such building or part thereof.
(4) 
Permit Fee. For each building razed, removed or wrecked in the City, a fee shall be charged in accordance with Section 13.255(2).

13.185 Newspaper Distribution Offices.

All new and existing newspaper distribution offices, in addition to having an occupancy permit issued pursuant to Section 12.44 of the Revised Municipal Code, shall comply with the following:
(a) 
All newspaper distribution substations shall be equipped with one water closet and one lavatory, with faucets to supply hot and cold water.
(b) 
The roofs of all newspaper distribution substations shall be provided with approved water tight gutters and conductors for conducting water from roofs to storm sewers, in accordance with Section 16.09 of the Plumbing Code.
(c) 
Every building and structure and all parts thereof shall be kept in good repair and roofs shall be maintained water tight.
(d) 
Every building and structure shall be adequately lighted and shall allow a full and complete view of the interior from the outside. This view shall not be obstructed by the use of curtains, blinds, screens or in any other manner.

13.19 Moving Buildings.

(1) 
Permit Required. No building or structure shall be moved into or within the City of West Allis without first obtaining a permit from the Building Inspector. Prior to the issuance of a permit to move a building, the Building Inspector shall make an inspection of the building and shall certify that it is structurally safe.
(2) 
Application. Application shall be made to the Building Inspector, on a form provided by him, which application shall provide the following:
(a) 
The name of the owner of the building to be moved.
(b) 
The present location of the building and a photo thereof.
(c) 
The proposed location to which the building is to be moved.
(d) 
Photographs of the immediate area adjacent to and across the street or highway from the proposed new location.
(e) 
The name of the mover engaged.
(3) 
Buildings or Structures Not To Be Moved.
(a) 
No permit shall be granted for the moving of any building or structure or portion thereof which has deteriorated or been damaged to an extent greater than fifty percent (50%) of the assessed value of the building or structure. This determination shall be made by the Building Inspector.
(b) 
No permit shall be granted for the moving of any building or structure or portion thereof, from one location to another location, on the same premises or from one premises to another premises, unless the building or structure to be moved not be so at variance with either the exterior architectural appeal and functional plan of existing structures in the immediate neighborhood or the character of the immediate neighborhood so as to cause a substantial depreciation in the property values of said neighborhood. This determination shall be made by a committee consisting of the Board of Public Works and Building Inspector.
(4) 
Bond. Before a permit to move a building is granted by the Building Inspector, the applicant shall give a bond in the penal sum of ten thousand dollars ($10,000.) with surety to be approved by the City Attorney, conditioned that the applicant will indemnify and save harmless the City against all liabilities, judgments, costs and expenses of whatever nature or amount, which may in any way accrue to or against the City as a consequence of the granting of such permit. In addition, a performance bond, approved by the City Attorney, in the amount of ten thousand dollars ($10,000.) to ensure completion of permits for building and site improvements, for building or structures moved from a site or to a site in the City of West Allis.
[Ord. O-2013-0046, 11-5-2013]
(5) 
Insurance. The applicant shall furnish insurance that names the City as an additional insured, is project specific, primary, waives subrogation, and is in a form approved by the City Attorney. Such public liability insurance coverage shall be in the minimum amounts of one million dollars ($1,000,000.) per occurrence, two million dollars ($2,000,000.) aggregate, fifty thousand dollars ($50,000.) fire damage, and ten thousand dollars ($10,000.) medical expense. Any deductible or self-insured retention shall not exceed ten thousand dollars ($10,000.).
[Ord. O-2013-0046, 11-5-2013]
(6) 
Regulations for Moving. Every permit to move a building shall state all conditions to be complied with, designate the route to be taken and limit the time for removal, all in accordance with and subject to the orders of the Board of Public Works. The removal of a building shall be continuous during all hours of the day, and day by day, and at night, if the Building Inspector so orders, until completed 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. Lighted lanterns shall be kept in conspicuous places at each end of the building during the night.
(7) 
Damage to Streets. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the Building Inspector, who shall report the same to the Board of Public Works. The Board shall thereupon inspect the streets over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to the streets, the building mover shall forthwith place them in as good repair as they were before the permit was granted. Upon the failure of the building mover to do so within ten (10) days thereafter, to the satisfaction of the Board, the Board shall repair the damages done to such streets and hold the sureties of the bond given by the building mover responsible for the payment of the same.

13.195 Semi-Trailers Prohibited for Storage Purposes.

(1) 
No person, firm or corporation shall erect, construct, maintain or use any semi-trailer, operative or inoperative, in the City of West Allis for the purpose of storage, warehousing or location for the operation of any business in the City of West Allis. This section shall not apply to the following:
(a) 
The temporary parking of a semi-trailer in a properly zoned area while engaged in the loading and unloading of cargo and merchandise.
(b) 
The temporary storage of building materials in a semi-trailer at a construction site while construction or alterations are taking place at the site.
For the purpose of this section, semi-trailer means a vehicle with or without wheels, of the trailer type, so designed to be originally intended for use by the manufacturer or builder in conjunction with a motor vehicle, that some part of its own weight and that of its own load rests upon or is carried by another vehicle. This does not include a mobile home. Trailer means a vehicle structure without motor power, designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle. Vehicle shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway.

13.20 Flammable Liquids, Storage and Equipment.

(1) 
State Code. Under this section, the flammable liquids code for the State of Wisconsin, issued by the Industrial Commission, is hereby incorporated as a part of this section.
(2) 
Location of Tanks and Dispensing Equipment. Storage tanks and dispensing equipment for flammable liquids shall not be located on or under any street, alley or public sidewalk.
(3) 
Fuel Oil Burners and Equipment.
(a) 
Oil supply tanks larger than sixty (60) gallons capacity shall not be located in buildings above the lowest story, cellar or basement.
(b) 
Unenclosed inside storage tanks and auxiliary tanks shall not be located within seven (7) feet, horizontally, of any fire or flame.
(c) 
Inside storage and auxiliary tanks shall be securely supported by substantial incombustible supports to prevent settling, sliding or lifting.
(d) 
Oil supply tanks located inside buildings shall not exceed two hundred seventy-five (275) gallons, individual capacity, or five hundred fifty (550) gallons, aggregate capacity (in one building), unless installed in an enclosure or casing constructed as follows:
The walls of the enclosure shall be constructed of reinforced concrete at least six (6) inches thick or of brick at least eight (8) inches thick, and shall be bonded to the floor. The space between the tank and the enclosure shall be completely filled with sand to a point two (2) feet above the tank.
(e) 
Fuel oil supply tanks of one thousand (1,000) gallons capacity, or less, may be installed under the basement floors of all buildings which are not places of public assembly. The top of such tanks shall be at least two (2) feet below the top of the basement.
(4) 
Gravity Feed to Burners.
(a) 
Gravity feed shall be used only with burners arranged to prevent abnormal discharge of oil at the burner by automatic means specifically approved for the burner with which it is used.
(b) 
An approved domestic type oil burner may be supplied by gravity from two (2) connected inside or outside storage tanks, provided neither tank exceeds two hundred seventy-five (275) gallons capacity and they are connected to the fuel line by an approved three (3) way valve.
(5) 
Pressure Tank Feed. Tanks for systems under pressure shall be designed for six (6) times the maximum working pressure and be tested and proven tight at twice the maximum working pressure. The maximum working pressure shall not exceed fifty (50) pounds per square inch. All such tanks shall be provided with a reliable pressure gauge, an air relief valve and a suitable device to vent the tank in case of fire, both discharging outside of the building.
(6) 
Oil Gauging. Test wells shall not be installed inside buildings. Gauging devices such as liquid level indicators or signals shall be installed so that oil or vapor will not be discharged into the building from fuel oil systems.
(7) 
Tank Vents. Storage tanks shall be equipped with an open vent or an approved automatically operated vent arranged to discharge to the open air and shall not be less than one inch in size. Vent pipes shall terminate outside of buildings at a point not less than two (2) feet from any window or door opening and shall be capped with a waterproof hood.
(8) 
Tank Fill Pipes. Underground tanks and storage tanks inside buildings shall be filled only through fill pipes terminating outside of buildings at a point not less than five (5) feet from any building opening at the same or lower level and shall be closed tight when not in use by a metal cover designed to prevent tampering.
(9) 
Piping. All piping shall be standard, full weight, wrought iron, steel or brass pipe with standard fittings or approved brass or copper tubing with standard fittings. All piping shall be rigidly secured in place and protected from injury in a workmanlike manner. Horizontal pipes in the basement shall be laid under or within the concrete floor and shall have a covering of not less than one inch.
(10) 
Approved Fuel Oil Burners. No fuel oil burner shall hereafter be installed in any building in the City which does not bear the approval of recognized authorities.
(11) 
Dangerous and Defective Oil Heating Equipment. Oil burners or fuel oil equipment which are defective and dangerous to life or property shall be made safe or removed.
(12) 
Permits. Before proceeding with the construction, erection, alteration, remodeling or replacement of any flammable liquid storage tanks or equipment, a permit shall first be obtained from the Building Inspector. Before a permit is issued, an application shall be filed with the Inspector by the owner or contractor, specifying the location, size, use and capacity of such storage tanks or equipment, together with the estimated cost of the work. If the application shows that all the work will be in compliance with the provisions of this Chapter, the Inspector shall approve the same and issue a permit for which a fee shall be charged in accordance with Section 13.255(9).

13.21 Sign Code.

[Ord. 6552, 12/19/2000; Ord. 6560, 2/20/2001; Ord. O-2005-0031, 9/6/2005; Ord. O-2007-0006, 4/17/2007]
(1)
Purpose
(2)
Definitions
(3)
Requirement of conformity
(4)
Conformity of nonconforming signs
(5)
Procedures
(6)
Permits, inspections and revocations
(7)
Sign construction standards
(8)
Maintenance
(9)
Variance to sign code
(10)
Prohibited signs, lighting and movement
(11)
Signs in the public right-of-way
(12)
Temporary signs
(13)
Master Sign Program
(14)
Freestanding signs
(15)
Wall signs
(16)
Projecting signs
(17)
Awnings
(18)
Window signs
(19)
Changeable copy signs and electronic message centers
(20)
Tenant directory boards
(21)
Directional signs
(22)
Informational signs
(23)
Sandwich board signs
(24)
Creative signs
(25)
(Reserved)
(26)
Severability
(1) 
Purpose. It is declared that the regulation of signs within the City is necessary and in the public interest to:
(a) 
Protect property values within the City.
(b) 
Preserve the beauty and the unique character of the City by aesthetically complementing the development, which a sign identifies.
(c) 
Promote a healthy and properly designed business environment.
(d) 
Provide for the expression of both commercial and noncommercial speech.
(e) 
Provide for the identification and advertising needs of businesses.
(f) 
Safeguard the general public from damage and injury, which may be caused by the faulty and uncontrolled construction of signs within the City.
(g) 
Protect against hazards to vehicular traffic movement through improper placement of signs.
(h) 
Promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within the City.
(i) 
No regulation of sign content is intended to result from the application of this sign code.
(2) 
Definitions. As used in this section:
"Abandoned sign" means a sign or portion of a sign structure located on a property which becomes vacant and is unoccupied for a period of sixty (60) days or more, any sign or structure which pertains to a time, event or purpose which no longer applies or a sign which no longer directs attention to a business, activity or service offered or product sold on the premises.
 
"Area of sign" means that area enclosed by one continuous line, connecting the extreme limits or edges of writing, representation or similar figures or characters together with any material forming an integral part of the display or forming the backing surface or background on which the message or symbols are displayed on a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any point. This area does not include the main supporting sign structure, but other ornamental attachments are to be included in determining area of sign. As shown below:
 
"Awning": means a roof-like cover, often of fabric, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door, or the like.
 
"Awning sign" means a sign attached to an awning.
 
"Banner" means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic, fabric or similar flexible material of any kind. A flag shall not be considered a banner.
 
"Building front foot" means the maximum building width measured at grade level with the street.
 
"Bus shelter" means a structure which protects public transit system passengers from the climate while they wait for the arrival of their buses.
 
"Business front foot" means the lineal distance of the building space occupied by the particular business measured on a straight line parallel to the street. Where a business does not parallel a street, the front foot shall be measured along the exterior of the building space occupied by the particular business.
 
"Change of Use" is deemed to have occurred whenever the type of business changes or when the occupant changes.
 
"Changeable copy sign" means a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.
 
"Construction sign" means any sign giving the name or names of principal contractors, subcontractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other pertinent information included thereon.
 
"Creative sign" means any sign of unique design that exhibits a high degree of thoughtfulness, imagination, inventiveness and spirit, and that makes a positive visual contribution to the overall image of the City.
 
"Development sign" means any sign used to identify future residential or nonresidential development or such a development under construction.
 
"Directional sign" means any sign used to identify a certain location on a premises.
 
"Electronic message center sign" means a type of changeable copy sign upon which message or display is presented with patterns of lights or other means.
 
"Fascia" means a flat board, band, or face, used sometimes by itself but usually in combination with moldings, often located at the outer face of the cornice.
 
"Fixture" means a piece of equipment which has been permanently attached to real estate in such a way as to be part of the premises.
 
"Flag" means any national flag, flag of political subdivisions and symbolic insignia of any institution or business.
 
"Flashing sign" means a type of changeable copy sign upon which a message or display is presented more frequently than for three-second intervals.
 
"Freestanding sign" means any sign which is supported by structures or supports in or upon the ground and independent from any building.
 
"Grand opening sign" means a sign which calls attention to a new business or the announcement of a change in ownership of a business.
 
"Height of sign" means the overall height of a sign and/or the supporting structure of a sign, where applicable, measured from the top of the sign and/or supporting structure of the sign to the ground.
 
"Holders of permit" means, collectively, the owner(s) of the premises on which a sign is located and the lessee(s) of the premises to which such sign pertains.
 
"Illegal sign" means any sign, except the following:
1.
A sign allowed by this section and not requiring a permit.
2.
A sign allowed by this section carrying a valid permit.
3.
A legal nonconforming sign.
 
"Informational sign" means a sign that indicates separate buildings or services on premises.
 
"Maintenance" means the replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition or color of the copy.
 
"Master sign program" means the establishment of an identification program for any multi-tenant operation within the City, including, but not limited to, office parks, industrial and multi-tenant office and retail buildings, and buildings over twenty-five thousand (25,000) square feet of area. The intent of a master sign program is to give a uniform theme of size, color and style to signs in such a development.
 
"Minor tenant," as part of the Master Sign Program application process, means an individual tenant space of no more than three thousand (3,000) square feet and located within a portion of a multi-tenant commercial building (MTCB) of at least one hundred thousand (100,000) square feet or larger. [Ord. O-2010-0037, 10/19/2010]
 
"Multiple tenant commercial building (MTCB)" means a commercial development, which includes three (3) or more tenants, or a building area of twenty-five thousand (25,000) square feet or more, or buildings with frontage along an interstate highway.
 
"Nonconforming sign" means a sign that met code regulations when it was originally erected, either by adherence to a previous sign code or by a variance granted to that code, but which does not comply with all the present regulations of this section.
 
"Parapet wall" means a wall extending above the plate line of the building.
 
"Pennant" means a tapered or dovetailed banner, sign, or streamer, with or without any representation or writing thereon.
 
"Permanent sign" means any sign which is intended to be and is so constructed as to be lasting and enduring, remaining unchanged in character, condition (beyond normal wear) and position, and in some permanent manner affixed to the ground, wall or building.
 
"Planned development" means a collection of like-use buildings, residential, office or industrial in nature, designed contemporaneously and in close proximity to each other as part of a single integrated project, including, but not limited to, residential subdivisions and office or industrial parks.
 
"Plate line" means the point at which any part of the main roof structure first touches or bears upon an external wall.
 
"Political sign" means a sign supporting a candidate for office or urging action on any other matter or social issue.
 
"Portable sign" means any sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building, including, but not limited to, signs on trailers.
 
"Projecting sign" means a sign attached to a wall and projecting away from the wall more than twelve (12) inches but not more than four (4) feet.
 
"Residential corridor" means a geographic area which predominately features homes.
 
"Roofline" means the highest point of the main roof structure or highest point on a parapet, but shall not include cupolas, pylons, projections or minor raised portions of the roof.
 
"Roof sign" means a sign extending above the roofline or located on the roof.
 
"Sale, lease and rent sign" means a temporary sign which indicates that some premises or vacant land is for sale, lease or rent.
 
"Sandwich board sign" means a two-sided portable sign constructed of wood, metal or similar rigid material generally displayed outside of a commercial establishment to identify a product or service.
 
"Seasonal sign" means a temporary sign for seasonal commercial establishments, including, but not limited to, garden centers, Christmas tree lots and fruit and vegetable stands.
 
"Shingle sign" means a sign used to identify a business whose front is under a roof overhang, covered walkway, covered porch or open lattice walkway.
 
"Sign" means any device, structure, fixture, banner or placard using graphics, symbols, and/or written copy for the primary purpose of identifying or advertising any establishment, product, goods or services. The term "sign" shall not include any flag.
 
"Sign value" means the amount reported on the sign permit, which includes the costs of design, materials, construction, and installation.
 
"Snipe sign" means any sign attached to public property or erected in or over the public right-of-way. This does not include a sign projecting into the public right-of-way for which a grant of privilege has been obtained or signs installed by City, county, state or federal government.
 
"Streamer" means the same as pennant, as defined in this subsection.
 
"Structure" means any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner.
 
"Temporary sign" means a sign constructed of, but not limited to, cloth, canvas, wood, light fabric, cardboard, wallboard, plastic or other like materials, with or without frames, or any type of sign not permanently attached to the ground, wall or building which is permitted for display for a limited period of time only.
 
"Tenant directory board" means any sign on which the names of occupants or the uses of a building is given, including, but not limited to, those utilized at office buildings, retail centers and other MTCBs.
 
"Time and temperature signs" means a sign which conveys the time and/or temperature.
 
"Traffic directional sign" means a sign designed and located solely for the purpose of relieving traffic congestion and directing and promoting the safe flow of traffic.
 
"Vision triangle" means a restricted vision area at the intersection of two public streets, a public street and a private alley, and a private driveway and a public street or alley. Private driveways servicing one- and two-family uses are exempt from the vision triangle restriction.
 
"Wall sign" means a type of sign, the back of which is attached flat (parallel) to a building wall or structure, twelve (12) inches or less from the wall.
 
"Window sign" means any sign painted upon or attached to or displayed in a window or door in such a manner as to permit viewing from the exterior of the building or structure.
(3) 
Requirement of Conformity. It shall be illegal for a sign to be erected, constructed, repaired, altered, located or maintained in the City, except as provided in this section.
(a) 
All signs constructed or maintained contrary to the provisions of this section are declared to be illegal.
(b) 
Any person or entity violating any provisions of this section or failing to comply with any orders or regulations made hereunder shall be subject to the penalties hereof and those otherwise provided by law.
(c) 
This section shall not apply to signs located in the C-1 Central Business District of the City.
(4) 
Conformity of Nonconforming Signs.
(a) 
Any and all signs on a parcel which are nonconforming as of the date of the adoption of this Code (April 17, 2007) nonconforming being defined in Section 13.21(2) of this chapter and Sec. 62.23(7)(h), shall conform to this section:
[Ord. O-2008-0035, 7/1/2008]
1. 
When there is any alteration to a sign that requires a permit;
2. 
When there is any alteration to a building or site or structure that requires Plan Commission review;
3. 
When the total structural repairs or alterations in a nonconforming building, premises, structure, or fixture exceeds fifty percent (50%) of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use; or
4. 
When the nonconforming use of the building, premises, structure, or fixture is discontinued for a period of twelve (12) months.
(b) 
All signs subject to the conformity requirements of this section will have twelve (12) months from issuance of permit for an exterior alteration to a building or site or structure to meet the requirements. An extension of this time limitation may be granted by the Plan Commission in accordance with the following criteria:
1. 
The applicant requesting the extension shall complete a signage application available from the Department of Development and shall submit an extension fee of two hundred fifty dollars ($250.).
2. 
A written explanation for the extension of time shall accompany the signage application along with a timeline/schedule for obtaining necessary permits and a target date for construction start.
3. 
The request for extension shall be submitted within sixty (60) days of the expiration of the conformity requirements.
4. 
The extension, if granted, shall be valid for a period of six (6) months. If no building permit has been issued and construction has not commenced within six (6) months from and after the extension has been granted, the extension of time grant shall become null and void.
(5) 
Procedures.
(a) 
Sign Application Review and Permitting Process.
1. 
Sign review applications are available through the Department of Development. All signs will be reviewed for approval pursuant to the administrative procedures as set by the Department of Development except for signs which do not require a permit under Section 13.21(6) of this section, temporary signs as described in Section 13.21(12), and Master Signage Program signs under Section, 13.21(13) of this section, which shall be reviewed and approved by the Plan Commission. Permits are granted from the Building Inspections and Zoning Department and will only be granted after approval from the Department of Development or Plan Commission.
2. 
The Department of Development decision on an application shall be issued within thirty (30) days of filing of the application with the office of the City Planner unless the applicant has agreed in writing to an extension, or additional information is required as detailed below.
a. 
Should the applicant be required to supply additional information, the Department of Development shall notify the applicant within thirty (30) days of filing and the requested information shall be provided to the Department of Development within sixty (60) days of such notice, or the original application shall automatically be denied.
3. 
Permits are granted from the Building Inspections and Zoning Department and will only be granted after approval from the Department of Development or Plan Commission.
4. 
All applicants must submit five (5) color copies of sign proposals along with a signage review fee (see Chapter 12 of the Revised Municipal Code) to the Department of Development. Such submissions shall detail the size of the sign, the method of attachment or support, the location(s) of the proposed sign(s), any other sign(s) located on the premises, the materials to be used, and any other information deemed necessary to properly review the proposal.
5. 
Multi-tenant applicants, who include buildings of three (3) or more tenants, or a building area of twenty-five thousand (25,000) square feet or more, or buildings with frontage along an interstate highway, should refer directly to Section 13.21(13) for detailed requirements relative to the Master Sign Program.
6. 
Guidelines for Approval.
a. 
The exterior architectural presentation and functional plan of the proposed sign will not be so at variance with or so similar to the exterior architectural presentation and functional plan of signs already constructed or in the course of construction in the area, or so out of harmony with the area, as to potentially contribute to substantial depreciation in the property values of the area.
b. 
The proposed sign conforms to the location, size and style and other requirements set forth in this section.
c. 
The proposed sign conforms to the City's long-range planning for the area as set forth in the City's Master Plan as that term is defined in Chapter 62.23(3), Wisconsin Statutes, or relevant portions thereof.
d. 
The proposed sign shares similar architectural or building material features of the principal building.
e. 
Signs located in residential corridors may be further regulated by Plan Commission pursuant to Section 13.21(9), such as, but not limited to, lighting operations.
7. 
The Department of Development may establish guidelines, which further define and interpret this section. Those guidelines, if any, shall be made available to all sign applicants.
8. 
Any signage proposals that are denied by the Department of Development may be appealed to the Plan Commission in accordance with the variance procedure as stated in Section 13.21(9).
(6) 
Permits, Inspections and Revocations.
(a) 
A permit shall not be required for the following signs or activities; however, such signs or activities shall be subject to any and all applicable provisions of this section:
1. 
One (1) nonilluminated sign six (6) square feet or less in area unless otherwise specifically required by this section;
2. 
Maintenance, including repainting or replacing faces of signs, or minor nonstructural repairs of signs (except electrical repair);
3. 
Political signs;
4. 
Window signs only as permitted under Section 13.21(18);
5. 
Rental, sale and lease signs six (6) square feet or less in area; and
6. 
Address markers/signs; and
7. 
Flags.
(b) 
A permit shall not be required for the erection, construction, alteration, placement, maintenance or location of official traffic, fire and police signs, signals, devices and markings of the state and the City or other public authorities, or the posting of notices required by law or for other signs as approved by the Board of Public Works. See Section 13.21(11).
(c) 
No person, firm or corporation shall erect, replace, construct, enlarge, alter, move, relocate or maintain any sign as governed by this section without first obtaining a sign permit from the Building Inspections and Zoning Department, except as said forth in Section 13.21(6)(a) and (b) above. Before a sign permit may be issued, it shall first be approved by the Department of Development in accordance with the procedure in Section 13.21(5), and conform to the requirements of this code, and the applicant shall pay the required fees. See Chapters 12 and 13 of the Revised Municipal Code for a fee schedule.
1. 
Any owner of a premises or agent for the owner shall file an application for a sign permit on a form furnished for such purpose. Each application shall additionally include sufficient information to issue a permit to include plans and drawings detailing sign location information and sign construction information that indicates conformance with the construction standards of Section 13.21(7).
2. 
In addition to a sign permit, an electrical permit is also required for electrically operated signs.
3. 
As a condition of the issuance of a sign permit, the sign owner and owner of the premises upon which the sign is located agree to allow inspectors on the property for inspection of the installation and maintenance and further agree to promptly remove the sign should it become unsafe, inadequately maintained, dilapidated, abandoned, in nonconformance with this section, or if prescribed fees are not paid.
(d) 
Unless waived by the Building Inspections and Zoning Department, all signs for which a permit is required shall be subject to the following inspections:
1. 
Electrical inspection on all electrically operated signs.
2. 
Site inspection to insure that the sign has been constructed according to an approved application and a valid sign permit.
3. 
Inspection on a yearly basis to insure that the sign continues to conform to the permit and has been adequately and properly maintained.
(e) 
Permit Revocation and Sign Removal.
1. 
The Building Inspections and Zoning Department shall have the authority to revoke any sign permit upon determination that the sign authorized by the permit has been constructed or is being maintained in violation of the permit or the provisions of this section.
2. 
In revoking any sign permit and requiring the removal of any illegal sign, the Building Inspections and Neighborhood Services Department shall give a written compliance order to the owner(s) of the premises on which such sign is located and/or to the occupant(s) of the premises to which such sign pertains. The order shall state the reasons and grounds for removal, specifying the deficiencies or defects in such sign, and the violations charged, if any. Such order shall specify what repairs, if any, will make the sign conform to the requirements of this section, specify that the sign must be removed or made to conform with the provisions of this section within the compliance period provided below and further state the appeals process provided below. A sign with an expired permit is an illegal sign and therefore does not require revocation of the permit.
3. 
Compliance Period for Removal.
a. 
The compliance period for removal for permanent signs shall be thirty (30) days.
b. 
The compliance period for removal of temporary signs shall be forty-eight (48) hours.
4. 
The decision of the Building Inspections and Neighborhood Services Department to revoke the permit may be appealed to the Plan Commission. A written appeal must be filed within thirty (30) days from the date when the order was served. The Plan Commission shall consider this appeal at its next regularly scheduled meeting. The decision of the Plan Commission shall be the final determination as set forth in Sec. 68.12 of the Wisconsin Statutes. The final determination may be appealed pursuant to Sec. 68.13 of the Wisconsin Statues and the notice of the Plan Commission's decision shall inform the parties of the right and time to appeal.
5. 
If no appeal has been filed within the thirty-day appeal period, or if the Plan Commission has upheld the decision of the Building Inspections and Neighborhood Services Department on appeal, the permit is deemed revoked and the sign is deemed illegal. The Building Inspections and Neighborhood Services Department then shall initiate the procedure for the removal of the illegal sign.
6. 
If after service of order the owner(s) and/or occupant(s) of the premises upon which the sign is located have not removed the sign or brought the sign into compliance with the provisions of the section by the end of the compliance period, the Building Inspections and Neighborhood Services Department shall take such legal action as deemed appropriate.
7. 
Removal. The Building Inspections and Neighborhood Services Department is authorized to cause the removal of any sign adjudged to be illegal by a court of competent jurisdiction if the court so orders. The actual cost and expense of any such removal by the Building Inspections and Neighborhood Services Department shall be charged against the owner of the property and may be entered as a special assessment against such premises to be collected in all respects like other taxes upon the real estate, as provided in Chapter 66.0907(3)(f) of the Wisconsin Statutes, except in the case of snipe signage in the public right-of-way.
8. 
Re-erection of any sign or any substantially similar sign on the same premises after a compliance order has been issued shall be deemed a continuance of the original violation.
(7) 
Sign Construction Standards. All signs shall be designed and constructed to comply with the provision of this code for use of materials, loads and stress as required by the International Building Code (IBC), in the most current edition as published by the International Code Council, Inc.
(a) 
Signs shall be designed and constructed to withstand wind pressure as provided in IBC Chapter 16.
(b) 
Signs shall be designed and constructed with the allowable working stress conforming to IBC Chapter 16. The working stress of wire rope and its fastening shall not exceed twenty-five percent (25%) of the ultimate strength of the rope or fasteners. Exceptions:
1. 
The allowable working stress for steel and wood shall be in accordance with IBC Chapters 22 and 23.
2. 
The working strength of chains, cables, guys or steel rods shall not exceed one-fifth (1/5) of the ultimate strength of such chains, cables, guys or steel.
(c) 
Signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. All ferrous chain, wire ropes, guy rods and their fastenings and anchor bolts shall be galvanized or be of other approved equivalent protection. Wood blocks shall not be used for anchorage, except in the case of signs attached to buildings with wood walls. Signs shall not be supported by anchors secured to an unbraced parapet wall. Minimum anchorage for wall signs is three-eighths-inch diameter embedded at least five (5) inches. Minimum anchorage for projecting signs is five-eighths-inch and turnbuckles shall be placed in chains, guys or steel rods supporting projecting signs.
(d) 
All ferrous parts of signs subject to corrosion shall be protected and maintained free of corrosion.
(e) 
Wood, approved plastic or other materials of combustible characteristic used as facings or in molding, cappings, nailing blocks, letters and latticing shall comply with Paragraphs 1 through 4 below, and shall not be used for other ornamental features of signs, unless approved.
1. 
All signs greater than forty (40) square feet shall be constructed of metal or other approved noncombustible materials.
2. 
Plastic and other materials which burn at a rate no faster than two and five-tenths (2.5) inches per minute when tested in accordance with ASTM D 635 shall be deemed approved plastic and can be used as the display surface material and for letters, decorations and facings on signs and outdoor display structures.
3. 
The area of individual plastic facings of electric signs is limited by the area allowed for that type of sign but shall not exceed two hundred (200) square feet. If the total area of display surfaces exceeds two hundred (200) square feet, the area occupied or covered by approved plastics shall be limited to two hundred (200) square feet plus fifty percent (50%) of the difference between two hundred (200) square feet and the area of the display surface. The area of plastic on the display surface shall not exceed one thousand one hundred (1,100) square feet.
4. 
Letters and decorations mounted on approved plastic facing or display surface can be made of approved plastics.
(f) 
No sign shall be illuminated by other than electrical means. Any open spark or flame design is not permitted unless specifically approved.
(g) 
Signs that require electrical service shall comply with Chapter 14, Electrical Code.
(h) 
All internally illuminated signs shall bear the label of the manufacturer and approved testing agency and the listing number shall be reported on the sign permit application.
(i) 
Signs shall not be erected, constructed or maintained so as to obstruct any fire escape or any window or door. A sign shall not be attached in any form, shape or manner to a fire escape, nor be placed in such manner as to interfere with any opening required for ventilation.
(8) 
Maintenance.
(a) 
All signs and sign support structures, together with all parts to include, but not limited to, sign faces, supports, braces, base, guys and anchors, shall be kept in good repair and in proper state of preservation. Painted surfaces shall be maintained free of peeling, chipping paint. All metal parts and supports thereof shall be maintained free of corrosion.
(b) 
The Building Inspections and Zoning Department shall have the authority at all reasonable times to inspect and order the painting, repair, alteration, maintenance or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. The Building Inspections and Zoning Department shall follow the procedure of notification concerning such maintenance or removal as outlined in Section 13.21(6).
(c) 
When any sign, advertising structure or device, or a major part thereof, is blown down, destroyed, taken down or removed for any purpose, such structure shall not be re-erected, reconstructed, rebuilt, or relocated, except in conformity with the regulations of this section. Additionally, any existing sign, sign structure, awning, canopy, or other advertising structure requiring repairs at any one time in excess of fifty percent (50%) of the sign's original value shall not be repaired unless made to conform to the requirements of this section.
(d) 
An abandoned sign is prohibited and shall be made to conform to this code or removed by the owner of the sign or owner of the premises.
(e) 
Any sign which is located on a premises which becomes vacant or unoccupied for a period of six (6) months or more is considered abandoned and shall be removed.
(f) 
If a business on a property is suspended because of business or property ownership or management change, for more than six (6) months, any signage associated is considered abandoned and shall be removed.
(g) 
The Building Inspector may grant up to a six-month extension of time for the removal or intended compliance of a sign, to the sign owner, under the provisions of this subsection. A written request for an extension of time shall be submitted to the Building Inspections and Zoning Department.
(h) 
All signs, awnings, canopies, and other advertising structures projecting into the City right-of-way may be inspected yearly for maintenance and conformance with this code. An annual maintenance inspection fee shall be charged to the sign owner or property owner of each sign in place on January 1 and is due and shall be paid by March 15 of each year following original installation. The fee shall be in accordance with the fee schedule.
(i) 
All signs, as designated in the Building Inspections and Zoning Department fee schedule, may be inspected yearly for maintenance and conformance with the code. An annual maintenance inspection fee shall be charged to the sign owner of each sign and is due and shall be paid by March 15 of each year the sign exists. The fee shall be in accordance with the fee schedule.
(9) 
Variance to Sign Code.
(a) 
Purpose. Sign variances are intended to allow flexibility in sign regulations while fulfilling the purpose of this ordinance. Variance from specific regulations of this section may be granted by the Plan Commission, where, owing to special conditions, a literal enforcement of the provisions of this section will result in practical difficulty or unnecessary hardship; provided, that the spirit of this section shall be observed, public safety and welfare secured and substantial justice done. Nothing in this section, however, is intended to permit the erection or maintenance of signs which create the potential of public harm or for which there is no public benefit or which are in conflict with the City's Master Plan or relevant portions thereof.
(b) 
Procedure.
1. 
Any person may request a variance from any provision or requirement of Section 13.21 of the Revised Municipal Code by submitting a written request to the Department of Development not less than 20 days before the next regularly scheduled Plan Commission meeting. A fee shall be required of the applicant at the time that a request for a hearing is made in accordance with Development Review Fees in Chapter 12 of the Revised Municipal Code.
2. 
The Plan Commission shall review such requests for variances using the following criteria:
a. 
The sign as proposed will not result in an undue concentration of signage, which renders it difficult or confusing to read existing signs.
b. 
The proposed sign is unique and of exceptional design or style so as to enhance the area.
c. 
Site difficulties: unusual site factors preclude the construction of a sign in accordance with this section, which would be visible to the roadway adjacent to the site frontage.
3. 
Should the Plan Commission find that a variance should be granted, the application will be forwarded to the Building Inspections and Zoning Department with directions to issue a permit in accordance with its decision. If the Plan Commission finds that a variance should not be granted, it shall inform the applicant of the reasons for such decision, in writing within thirty (30) days of the date of such decision. The decision of the Plan Commission shall be the final determination as set forth in sec. 68.12 of the Wisconsin Statutes. The final determination may be appealed pursuant to sec. 68.13 of the Wisconsin Statutes, and the notice of the Plan Commission's decision shall inform the parties of the right and time to appeal.
(10) 
Prohibited Signs, Lighting and Movement.
(a) 
Lighting. Bare light bulbs shall not be permitted. No flashing, blinking or rotating lights shall be permitted for either permanent or temporary signs. Illumination shall be so installed to avoid any glare or reflection into any adjacent property, or onto a street or alley to create a traffic hazard as determined by the Building Inspections and Zoning Department.
(b) 
Prohibited Signs. It is unlawful to erect or maintain the following signs:
[Ord. O-2012-0028, 3/6/2012]
1. 
Flashing signs.
2. 
Portable signs.
3. 
Pennants or streamers.
4. 
Abandoned signs/structures.
5. 
Snipe signs—signs in, on or over public property; excluding those regulated in Section 13.21(11).
6. 
Signs that interfere with traffic.
7. 
Nonpolitical signs greater than six (6) square feet on a residential use property; not including residential properties over three-family, which are regulated by the Plan Commission under the master sign program, Section 13.21(13).
8. 
All prohibited signs not mentioned in this section.
(11) 
Signs in the Public Right-of-Way.
(a) 
No sign, pennant, flag or banner shall be erected, placed, located or maintained within the limits of any street or highway unless allowed as hereafter stated. Street or highway limits include all the dedicated rights-of-way, encompassing the traveled portion of the highway, shoulders, sidewalks, ditches and adjacent dedicated areas. This prohibition applies to freestanding signs and those placed on trees, utility poles, fence post stakes and all other structures within the highway limits.
1. 
Failure to comply with the provisions of this section shall be a violation of Sec. 86.19, Wisconsin Statutes, which is hereby adopted, as well as this section.
2. 
Any sign in violation of this section shall be removed without notice by the Building Inspections and Neighborhood Services Department, the Police Department, or the Public Works Department.
3. 
This prohibition shall not apply to signs placed within the limits of streets or highways by duly constituted municipal, county or state authorities for the guidance or warning of traffic, as provided in Sec. 86.19(1) and (4), Wisconsin Statutes, or to mail boxes and paper boxes, bus shelters, or to banners, signs, pennants, flags or other related decorations hung over streets attached to public property as authorized by the Board of Public Works, in which case these will not require a permit under this section.
4. 
No sign shall be erected, placed, located or maintained at or near the intersection of any streets so as to obstruct free and clear vision or at any location where, by reason of position, shape and color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "stop," "look," "danger" or other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.
(b) 
Signs on Public Property. No person shall erect, place or locate any sign in or on public property, with the exception of projecting signs, which are only allowed in the public right-of-way with a grant of privilege from the Board of Public Works.
(c) 
Guidance signs.
[Ord. O-2008-0038]
1. 
Any person or persons conducting a summer or winter resort, hotel, or any place of public entertainment or instruction, or any place of religious worship may be granted permission from the Board of Public Works for erection of guidance signs of a type approved by the Board of Public Works subject to the conditions contained in this subsection. The application shall be filed with the Department of Development along with a fee of five hundred dollars ($500) for the Public Works Department's cost for materials and labor of the manufacturing and erection of the guidance sign.
2. 
All guidance signs and their supports shall be constructed, erected and maintained by the Public Works Department, and guidance signs shall be uniform in size as prescribed by the Board of Public Works.
3. 
No guidance sign may be permitted on freeways, including the national system of interstate highways.
4. 
Only where such institution or business is located removed from the state trunk highway system, state connecting highway, county trunk highway, or arterial streets, as defined by the Wisconsin Department of Transportation, may such guidance signs be erected.
5. 
Such guidance signs may be erected at only two (2) intersections of the state trunk highway system/state connecting highway with county trunk highways or local roads, and at such intersections of county highways or local roads as are deemed necessary by the Board of Public Works.
6. 
No person may be permitted to erect or maintain a guidance sign on a highway or road if that person has any advertising sign in the vicinity of the intersection where the guidance sign is proposed to be erected, or has a business sign on the same highway or road, or whose business's occupancy building is less than five thousand (5,000) square feet in area.
7. 
No flashing, illuminated or reflecting signs or installation shall be permitted.
8. 
No guidance sign may be erected upon a state trunk highway right-of-way at an intersection with the state trunk highway system until the location and manner of erection of the sign have the written approval of the Department of Transportation.
9. 
Provisions from the Wisconsin Administrative Transportation Code 200.03 shall be complied with at all times.
(12) 
Temporary Signs.
(a) 
Permit, Maintenance and Removal.
1. 
The Building Inspections and Neighborhood Services Department may issue a temporary sign permit as stated in this subsection. After permit application, a temporary sign permit may be issued for a time period specified unless as otherwise noted in this subsection.
2. 
Any temporary sign erected without a permit or for which the permit has expired may be removed by the Building Inspector with or without notice.
3. 
All temporary signs shall be maintained in good condition and removed promptly upon expiration of the permit or as ordered by the Building Inspector.
(b) 
Banners.
1. 
Application for a banner sign shall include information and/or plans indicating the size of the sign, the advertising or copy on the sign, the location of the sign on the property, sign material type, and information regarding installation (attachment and/or support).
2. 
Each banner allowed may not exceed thirty-two (32) square feet in area.
3. 
No more than two (2) banners may be erected per business or occupant per calendar year, with each permit issued allowing a maximum of thirty (30) days for the banner to be posted on the property. Additionally, there may be no more than two (2) banners erected per site at one time.
4. 
A grand opening banner sign not exceeding thirty-two (32) square feet may be allowed for a new business for a period of thirty (30) days in addition to other banners allowed.
5. 
Seasonal signs may be posted for the term of the season as stated on the issued permit.
6. 
The Director of the Building Inspections and Zoning Department may allow a temporary sign to remain in place for up to ninety (90) days with one (1) ninety-day extension of time, while a business or property owner pursues a permanent sign.
(c) 
Construction and Development Signs.
1. 
Construction and development signs are allowed to indicate the new business, development, contractor, subcontractor, architect or lending institution.
2. 
Application for each construction or development sign shall include information and/or plans indicating the size of the sign, copy on the sign, sign material type, the location of the sign on the property, whether single- or double-faced, and sign attachment and/or support information.
3. 
One (1) development sign is allowed per street frontage and may not exceed thirty-two (32) square feet in area.
4. 
Two (2) construction signs are allowed per street frontage and each sign may not exceed thirty-two (32) square feet in area.
5. 
Construction and development sign permits shall expire ten (10) days after the first occupancy and shall be removed promptly upon expiration.
(d) 
Sale, Lease and Rent Signs.
1. 
Vacant land and land being developed may have a temporary sale, lease, and rent sign posted on each street which the land abuts. The sign shall be placed on the property being sold, leased or rented in accordance with this subsection.
2. 
Residential use properties are allowed a sale, lease, or rent sign, not greater than six (6) square feet in area and may be double-faced. Freestanding signs shall not be greater than five (5) feet in height. No permit is required, and the sign shall be removed upon sale, lease or renting of the use advertised.
3. 
Nonresidential use properties are allowed one (1) temporary sale, lease, or rent sign, which may be single- or double-faced and shall not exceed thirty-two (32) square feet in area. Freestanding signs shall not be greater than five (5) feet in height. A permit is required for each sign in access of six (6) square feet. Each sign shall be removed upon sale, lease, or renting of the use advertised, except as stated in Section 13.21(12)(d)(4). The notice to remove noncomplying signs shall be in accordance with the procedures outlined in Section 13.21(6).
4. 
For new nonresidential developments, a temporary sale, lease, or rent sign permit may be issued for one hundred eighty (180) days and may be renewed for ninety-day periods until the development's units are ninety percent (90%) occupied or when two thousand (2,000) square feet of area or less remains to be sold, leased, or rented. The notice to remove noncomplying signs shall be in accordance with the procedures outlined in Section 13.21(6).
(e) 
Political Signs.
[Ord. O-2010-0049, 11/16/2010]
1. 
Section 12.04 of the Wisconsin Statutes is hereby adopted and incorporated herein.
2. 
Yard signs on property zoned residential shall not exceed twenty-four (24) square feet in area.
3. 
No sign shall be placed such that it interferes with the vision of vehicle operators upon the highway or obstructs pedestrian travel on the public sidewalk.
4. 
Yard signs displayed in other than residential zoning districts shall not exceed forty-eight (48) square feet in area.
5. 
Political signs may be displayed during the election campaign period and must be removed within a reasonable time after the election.
6. 
No permit shall be required for political signs.
(13) 
Master Sign Program.
(a) 
The purpose of the Master Sign Program is to advertise a center and its individual tenants and to allow qualified buildings and/or centers greater flexibility and increased signage area to the specific requirements as hereafter stated.
(b) 
Application.
[Ord. O-2010-0037, 10/19/2010]
1. 
An application for a Master Sign Program must first be filed with the Department of Development. With the exception of minor tenant spaces, the Plan Commission shall review all Master Sign Program applications and proposals. The Plan Commission may approve, deny or request changes to a sign, based on the architecture of that sign.
2. 
Sign applications that meet the definition of a minor tenant space may be staff approved. In such cases, the review of signage application conformance shall be limited to the minor tenant space only and not require the overall conformance of the multi-tenant commercial building.
(c) 
The Plan Commission, in its discretion, will consider the type and location of the building site, the proposed tenant mix, the size of the development and such other factors as it deems appropriate in evaluating a Master Sign Program.
(d) 
Each individual sign proposed in accordance with an approved Master Sign Program must be applied for and permitted separately in accordance with this section, and in no event shall any recommendation or approval of a Master Sign Program be deemed an approval of or a permission to construct any particular sign under that program. After review and approval by the Department of Development, all applications for permits for such individual signs must be filed with the Building Inspections and Zoning Department.
(e) 
The following entities may make application for the Master Sign Program:
1. 
Multi-tenant commercial buildings (MTCBs) or centers of three (3) or more individual tenants or buildings of at least twenty-five thousand (25,000) square feet of building area.
2. 
Commercial or industrial uses which abut 1-94 and 1-894 right-of-way.
(f) 
A Master Sign Program, as presented to the Plan Commission, shall include the following components:
1. 
An aesthetically developed theme on color, size and style.
2. 
A proposed location of all signs for the building, development or center; where possible, signs shall be centered over tenant spaces.
3. 
The proposed size of individual signs which may be expressed in maximums and minimums for purposes of the proposed Master Sign Program, but which must be proposed in exact terms when application is made for such individual signs after approval of the program.
4. 
Type of signage proposed, e.g., individual letters, box, etc.
5. 
Blueprints, drawings and written policies governing the color, size, style, location and other features of the proposed signs.
(g) 
Freestanding signage (Master Sign Program).
1. 
Multi-tenant commercial buildings, or buildings/centers greater than twenty-five thousand (25,000) and less than fifty thousand (50,000) square feet of building area may be permitted one (1) freestanding sign of no more than seventy-five (75) square feet in area, ten (10) feet in height, and subject to Plan Commission approval.
2. 
Buildings/centers greater than fifty thousand (50,000) and less than one hundred thousand (100,000) square feet of building area may be permitted one (1) sign per building/center of one hundred fifty (150) square feet in area, not to exceed twelve (12) feet in height, subject to Plan Commission approval.
3. 
Buildings/centers greater than one hundred thousand (100,000) and less than three hundred thousand (300,000) square feet of building area may be permitted one (1) freestanding sign per arterial street of one hundred fifty (150) square feet in area each, or one (1) sign per building/center of two hundred twenty-five (225) square feet in area, neither to exceed fifteen (15) feet in height, subject to Plan Commission approval.
4. 
Determination of signage area for buildings or centers greater than three hundred thousand (300,000) square feet of building area shall be determined by the Plan Commission.
5. 
Where changeable copy or electronic message center signage is permitted pursuant to Section 13.21(19), the area of the changeable copy sign must be included in the total computation of allowable signage and subject to Plan Commission review.
6. 
The Department of Development and the Plan Commission shall not approve any Master Sign Plan greater than fifteen (15) feet in height, except for centers over three hundred thousand (300,000) square feet in building area, which height shall be subject to Plan Commission discretion.
7. 
Freestanding signs must be architecturally integrated with the principal building on the property. The base, sides, and top of the sign shall be constructed of masonry or other approved durable materials. The tone and texture of the base, sides, and top shall reflect the principal building construction as close as possible or shall enhance the exterior architecture of the principal building. The base of the sign shall be a minimum of two (2) feet in height.
8. 
The color scheme of the sign shall complement the color scheme of the principal building.
9. 
Architectural features (such as sills, piers, reveals, capstones, medallions, etc.) which are part of the architectural makeup of the principal building shall be incorporated into the sign.
10. 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
11. 
The sign structure or post of a freestanding sign must be wrapped in or constructed of a material compatible with the materials utilized in the construction of the building to which the sign refers. The width of the base of the sign must be equal to or greater than the width of the sign face.
12. 
Landscaping requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, twenty (20) square feet of sign area equals forty (40) square feet of landscaped area. The Plan Commission may reduce or waive this requirement if it is determined the additional landscaping would not contribute significantly to the overall aesthetic character of the project.
(h) 
Wall Signage (Master Sign Program).
1. 
Multi-tenant commercial buildings.
a. 
Area. The maximum allowable area of wall signs for eligible multi-tenant commercial buildings shall be computed as one and five-tenths (1.5) square feet per lineal foot of each tenant's frontage.
(i) 
If applying the area formula above [Section 13.21(13)(h)(1)(a)] results in a sign area greater than two hundred (200) square feet, the individual tenant wall signs, when submitted to the Department of Development in conjunction with a Master Sign Program, shall be permitted an aggregate maximum area of two hundred (200) square feet, subject to Plan Commission approval.
(ii) 
Where other wall-mounted signage (e.g. projecting signage) is permitted pursuant to Section 13.21(16), the area of the sign must be included in the total computation of allowable signage and subject to Plan Commission review.
b. 
Number. Total number of wall signage permitted for a building or center or multi-tenant commercial building may be apportioned over two (2) building facades, but no more than one (1) sign per facade. Wall signage must be placed on an exterior wall of the business in which the sign identifies.
c. 
Placement. A wall sign must be placed on an exterior wall of the tenant's space, which the sign identifies.
(i) 
A wall sign may not project more than twelve (12) inches from the wall surface.
(ii) 
No part of a wall sign shall extend more than four (4) feet above the plate line nor shall a wall sign extend above a parapet wall, fascia or roofline.
(iii) 
Wall signs facing an alley shall be no larger than five (5) square feet in area, shall be located on the rear entry door and shall not be illuminated.
[Ord. O-2008-0038]
d. 
Design. Artistic qualities, design relief and articulation of signage including raised letters, framing, insets/offsets and unique shapes are encouraged.
(i) 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
(ii) 
Exclusively flat wall signs shall not be acceptable. Acceptable alternatives include:
(a) 
Raised/channeled letters;
(b) 
Individual letters;
(c) 
Oddly shaped signs; and
(d) 
Two-inch thick (minimum) border around the wall sign.
2. 
Buildings greater than twenty-five thousand (25,000) square feet of building area.
a. 
Area. Buildings greater than twenty-five thousand (25,000) and less than fifty thousand (50,000) square feet of building area may be permitted wall signage no greater than two hundred (200) square feet in area, and subject to Plan Commission approval.
b. 
Area. Buildings greater than fifty thousand (50,000) square feet and less than three hundred thousand (300,000) square feet of building area shall be permitted four hundred (400) square feet in wall sign area, plus additional signage area computed by the following formula: five-tenths (0.5) square foot times the setback length of the building from the street frontage.
c. 
Number. Buildings greater than twenty-five thousand (25,000) and less than one hundred thousand (100,000) square feet of building area may be permitted two (2) wall signs on an exterior wall of the business in which the sign identifies.
d. 
Number. Buildings greater than one hundred thousand (100,000) square feet and less than three hundred thousand (300,000) square feet of building area may be permitted three (3) wall signs on an exterior wall of the business in which the sign identifies.
e. 
Placement. A wall sign must be placed on an exterior wall of the tenant's space, which the sign identifies.
(i) 
A wall sign may not project more than twelve (12) inches from the wall surface.
(ii) 
No part of a wall sign shall extend more than four (4) feet above the plate line nor shall a wall sign extend above a parapet wall, fascia or roofline.
(iii) 
Wall signs facing an alley shall be no larger than five (5) square feet in area, shall be located on the rear entry door and shall not be illuminated.
[Ord. O-2008-0038]
f. 
Design. Artistic qualities, design relief and articulation of signage including raised letters, framing, insets/offsets and unique shapes are encouraged.
(i) 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
(ii) 
Exclusively flat wall signs shall not be acceptable. Acceptable alternatives include:
(a) 
Raised/channeled letters;
(b) 
Individual letters;
(c) 
Oddly shaped signs; and
(d) 
Two-inch thick (minimum) border around the wall sign.
3. 
Determination of wall signage area for buildings greater than three hundred thousand (300,000) square feet of building area shall be determined by the Plan Commission.
(14) 
Freestanding signs.
(a) 
Architecture and Landscaping.
1. 
Freestanding signs must be architecturally integrated with the principal building on the property. The base, sides, and top of the sign shall be constructed of masonry or other approved durable materials. The tone and texture of the base, sides, and top shall reflect the principal building construction as close as possible or shall enhance the exterior architecture of the principal building. The base of the sign shall be a minimum of two (2) feet in height.
2. 
The color scheme of the sign shall compliment the color scheme of the principal building.
3. 
Architectural features (such as sills, piers, reveals, capstones, medallions, etc.), which are part of the architectural makeup of the principal building, shall be incorporated into the sign.
4. 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
5. 
The sign structure or post of a freestanding sign must be wrapped in or constructed of a material compatible with the materials utilized in the construction of the building to which the sign refers. The width of the base of the sign must be equal to or greater than the width of the sign face.
6. 
Double-faced or V-shaped signs. A freestanding sign may be double-faced or V-shaped.
a. 
Interior angle less than or equal to sixty degrees (60°). The area of double-faced or V-shaped signs with interior angles equal to or less than sixty degrees (60°) shall be expressed as the sum of the area of one face.
b. 
Interior angle greater than sixty degrees (60°). Double-faced or V-shaped signs with interior angles exceeding sixty degrees (60°) shall be reviewed by the Plan Commission. The Plan Commission may approve, deny or request changes to a sign, based on the architecture of that sign. The area of double-faced or V-shaped signs with interior angles greater than sixty degrees (60°) shall be expressed as the sum of the areas of all the faces.
7. 
Landscaping Requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one (1) face of the sign. For example, twenty (20) square feet of sign area equals forty (40) square feet of landscaped area. The Department of Development may reduce or waive this requirement if it is determined the additional landscaping would not contribute significantly to the overall aesthetic character of the project.
8. 
The Department of Development may approve, deny or request changes to a sign, based on the architecture of that sign.
(b) 
Size Requirements and Location.
1. 
Number. One (1) freestanding sign shall be permitted. Two (2) freestanding signs are permitted for qualified sites under the Master Sign Program [Section 13.21(13)].
2. 
Area. The area of a freestanding sign shall be computed by the following formula: Either six-tenths (0.6) square foot times the lineal front foot of the lot line or eight-tenths (0.8) square foot times the building front foot, whichever is greater, to a maximum of fifty (50) square feet of area, as permitted by the Department of Development. Corner lots may use either the front or side dimensions. Should the Department of Development approve both a freestanding sign and a wall sign for a given building or center, the area permitted must be apportioned between these signs not to exceed one hundred twenty-five (125) square feet. For multi-tenant commercial buildings and buildings over twenty-five thousand (25,000) square feet in area, see Section 13.21(13).
3. 
The sign may have multiple faces if so approved.
4. 
Height. The maximum height of a freestanding sign may not exceed ten (10) feet. The applicant shall provide dimensions of the proposed sign. The height of a freestanding sign shall be regulated and approved by the Department of Development in consideration of the location of the proposed sign; the height, size, appearance, number and location of other signs in the vicinity of the proposed sign; the propriety of the proposed sign with respect to a Master Sign Plan, if any; and such other facts as the Department of Development deems appropriate.
5. 
Location. An offset of no less than one (1) foot from the ultimate right-of-way line should be maintained.
a. 
The sign shall be located in an area of meaningful open space, which shall be appropriately landscaped, including some year-round plantings.
b. 
Site consideration should be given to signs on corner lots, near driveways and/or alleys, etc. Signs are not to obstruct the vision triangle (see Figure 1 below). Signs proposed within the vision triangle shall require Plan Commission approval.
Figure 1: Vision Triangle Restrictions
(15) 
Wall signs.
(a) 
Architecture and Design.
1. 
Architecture. Wall signs must be architecturally integrated with the principal building on the property. The tone and texture of the sign shall reflect the principal building construction as close as possible or shall enhance the exterior architecture of the principal building.
2. 
Design. Artistic qualities, design relief and articulation of signage including raised letters, framing, insets/offsets and unique shapes are encouraged.
a. 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
b. 
Exclusively flat wall signs shall not be acceptable. Acceptable alternatives include:
(i) 
Raised/channeled letters;
(ii) 
Individual letters;
(iii) 
Oddly shaped signs; and
(iv) 
Two-inch thick (minimum) border around the wall sign.
(b) 
Size Requirements and Location.
1. 
Placement. A wall sign must be placed on an exterior wall of the business, which the sign identifies.
a. 
A wall sign may not project more than twelve (12) inches from the wall surface.
b. 
No part of a wall sign shall extend more than four (4) feet above the plate line nor shall a wall sign extend above a parapet wall, fascia or roofline. A wall sign may be allowed on a roof surface only if the roof surface is within twenty-five degrees (25°) of vertical, such as a mansard roof.
2. 
Number. Two (2) wall signs shall be permitted, or one (1) wall sign per street frontage, whichever is greater.
3. 
Area. The area of a wall sign shall be regulated and approved by the Department of Development in consideration of the factors enumerated in this subsection and shall be computed by the following formula: Either six-tenths (0.6) square foot times the lineal front foot of the lot line or eight-tenths (0.8) square foot times the building front foot, whichever is greater, to a maximum of one hundred twenty-five (125) square feet, as permitted by the Department of Development. Corner lots may use either the front or side dimensions. Should the Department of Development approve both a freestanding sign and a wall sign (or multiple wall signs in the case of a multi-frontage lot) for a given building or center, the area permitted must be apportioned between these signs not to exceed one hundred twenty-five (125) square feet.
4. 
Wall signs facing an alley shall be no larger than five (5) square feet in area, shall be located on the rear entry door and shall not be illuminated.
[Ord. O-2008-0038]
(16) 
Projecting Signs.
(a) 
Number. One (1) projecting sign is permitted per street frontage for each tenant. A grant of privilege will be required for signs over the right-of-way [see Section 13.21(11)].
(b) 
Area. The gross surface area of the sign shall be limited to a maximum of sixteen (16) square feet for single and multi-tenant buildings. Multi-story buildings are permitted an additional sixteen (16) square feet for each additional level to a maximum of one hundred (100) square feet in area.
(c) 
Location.
1. 
Projection. The sign shall not project more than four (4) feet from the wall to which it is attached.
2. 
Clearance. No part of the sign shall be lower than eight (8) feet above the walk or surface below.
(d) 
Height.
1. 
Signs attached to a one-story building shall not exceed fifteen (15) feet above the walk or surface below, subject to all the above limitations. Signs attached to multi-story buildings shall not extend above the roof, wall or parapet of the building to which it is attached.
(17) 
Awnings.
(a) 
A grant of privilege is required for awnings over the right-of-way [see Section 13.21(11)].
(b) 
Area. The area of sign copy shall not exceed twenty-five percent (25%) of the face of the awning/canopy to which the sign is to be affixed (see Figure 2 below).
(c) 
Location.
1. 
Projection. The sign may be affixed to any awning/canopy. An awning shall not project closer than two (2) feet to the edge of street curb.
Figure 2: Awning Signage
2. 
Clearance. The lowest part of the awning structure shall not be less than seven (7) feet above the adjacent street grade or walk area below. The height of the awning fringe shall not be less than six (6) feet nine (9) inches above the adjacent grade.
(d) 
Materials. Plastic/vinyl awning materials are not permitted.
(e) 
Illumination: Awnings may be illuminated.
(18) 
Window Signs.
(a) 
In no instance may window signs (see Figure 3 below) cover more than twenty percent (20%) of the window space. All window signs must be affixed to the interior of the window.
Figure 3: Maximum Window Signage
(19) 
Changeable Copy Signs and Electronic Message Centers.
(a) 
Area. The computation of sign area for changeable copy signs and electronic message centers shall be included in the total permitted sign area allowed for the building or development where changeable copy signs and electronic message centers are permitted by this section and/or by the Department of Development.
1. 
The changeable copy portion of the sign must occupy a secondary position to the name of tenant. The area of changeable copy and electronic message centers shall not exceed thirty-five percent (35%) of the sign face, excepting gas stations for the purpose of displaying price.
(b) 
Number. There shall be only one (1) changeable copy sign or electronic message center on each lot or parcel of land.
(c) 
Design. Changeable copy signs and electronic message centers must be integrated into the freestanding sign or projecting sign for such building or development.
1. 
Electronic message centers may not change a message or display by an electronic process more frequently than three-second intervals.
2. 
The sign may be double-faced.
3. 
Each sign shall be permanently installed or located.
4. 
Each sign shall be placed in such a manner so as to not interfere with, confuse or present any hazard to traffic.
(20) 
Tenant Directory Boards. Exterior tenant directory boards for the purpose of guiding pedestrians to individual businesses within a multi-tenant commercial building or center are allowed, subject to the provisions hereof. Letters on a tenant directory board, identifying occupants, may not exceed three (3) inches in height. Reorganization of a tenant directory board may be done for purposes of appearance or clarity. Changes in the structure, style or design of a tenant directory board or to add or delete the name of an occupant shall be allowed unless such tenant directory board is a legal nonconforming sign, in which case such tenant directory board must first be brought into compliance with all of the provisions of this section. Tenant directory boards shall match the color and style of the principal signage for the property and shall be located either within or outside in proximity to the main entrance area of the building. Tenant directory boards are allowed in addition to wall and freestanding signs, for a Master Sign Program. Tenant directory boards require a permit to be issued by the Building Inspections and Zoning Department.
(21) 
Directional Signs.
(a) 
Number. No more than one (1) single-faced, double-faced or four-sided freestanding sign shall be permitted for each driveway. No directional sign shall be greater than four (4) feet in height.
(b) 
Area. The area of each side of a directional sign shall not exceed six (6) square feet. If a driveway is shared by two (2) or more businesses or premises and each such business or premises would be permitted one (1) directional sign, pursuant to this section, such signs may be incorporated into one (1) eight-square-foot directional sign no greater than four (4) feet in height. The area of a directional sign is not calculated with the total signage area permitted on a site.
1. 
Twenty-five percent (25%) of the area of each side of a directional sign may be used for the business name or logo.
(c) 
Location. An offset of no less than one (1) foot from the ultimate right-of-way line should be maintained.
(d) 
Design.
1. 
Directional signs, including the base, must be architecturally integrated with the principal sign on the property. The tone and texture of the sign shall reflect the principal sign construction as close as possible or shall enhance the exterior architecture of the principal sign.
2. 
The color scheme of the sign shall complement the color scheme of the principal sign.
3. 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
4. 
The Department of Development may approve, deny or request changes to a sign, based on the architecture of that sign.
(e) 
Directional signs may be approved administratively by the Department of Development.
(22) 
Informational Signs.
(a) 
Signage developed for purely informational reasons, except menu boards, shall be allowed without the necessity of obtaining a permit, unless illuminated, so long as such signs comply with all other applicable provisions of this section. Such signs must be no greater than six (6) square feet in area. Examples of informational signs are signs indicating separate buildings or services on premises, e.g., body shop, car wash, and drive-up window.
(b) 
Informational signs consisting of menu boards may exceed six (6) square feet in area, provided, however, that no menu board, regardless of size, may be erected unless first reviewed by the Department of Development and a permit is obtained by the Building Inspections and Zoning Department.
1. 
Informational signs, including the base, must be architecturally integrated with the principal sign on the property. The tone and texture of the sign shall reflect the principal sign construction as close as possible or shall enhance the exterior architecture of the principal sign.
2. 
The color scheme of the sign shall complement the color scheme of the principal sign.
3. 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
4. 
The Department of Development may approve, deny or request changes to a sign, based on the architecture of that sign.
(23) 
Sandwich Board Signs.
(a) 
All applications for sandwich board signs shall be filed with the Department of Development for consideration. Applications shall include renderings of the sign and a scaled site plan delineating sign location. Permits, when approved, are valid for one (1) year and may be applied for through the Building Inspections and Zoning Department.
(b) 
The City of West Allis reserves the right to restrict placement of signs during inclement weather, when a snow emergency has been declared, and special events, including, but not limited to, parades.
(c) 
General Requirements.
1. 
Sandwich board signs shall only be permitted for commercially used buildings with a zero- to five-foot front yard setback off of the property line.
2. 
Sandwich board signs shall not be illuminated or have reflective surfaces. No additional items shall be affixed to the signs (i.e., balloons, streamers, flags, etc.).
3. 
Sandwich board signs shall not be displayed overnight and/or when the business is closed.
4. 
Number. One (1) sandwich board sign is allowed per business.
a. 
When there is one (1) entrance for multiple tenants, only one (1) sandwich board sign shall be permitted on that property.
5. 
Area. The maximum sign face size shall be ten (10) square feet, with a base not exceeding two and five-tenths (2.5) feet in width. Two (2) sign faces are permitted. The total height of the sign shall not exceed four (4) feet.
6. 
Materials. Durable approved materials shall be used such as wood or metal, which are rigid, and make the sign self-supporting. No cardboard, plastic, or PVC pipe materials are permitted.
(d) 
Location—Right-of-Way. Sign placement conditions are as follows:
1. 
If the sign will be located in the public right-of-way, then a grant of privilege is required pursuant to Section 13.21(11) and the applicant shall comply with any applicable special conditions in the grant of privilege, and the applicant shall provide an insurance certificate in a form approved by the City Attorney, in the amount of one million dollars ($1,000,000.), naming the City of West Allis as an insured party in connection with each sign.
2. 
Signs shall not be located less than six (6) inches from the face of the curb (unless located on premises).
3. 
Signs shall not be located within ten (10) feet of a fire hydrant or a building fire department connection.
4. 
Signs shall not be placed to impede or obstruct the general public or the exit of building occupants.
5. 
Signs must not interfere with the vision clearance at corners and must be placed at least fifteen (15) feet from the corner (measured from street curb).
6. 
Signs shall not be placed more than ten (10) feet from the business entrance in which the sign advertises, at ground level.
7. 
Signs shall not be placed in the walking or wheelchair pathway areas or private sidewalk pathways.
8. 
The City of West Allis Building Inspections and Zoning Department shall review sandwich board sign placements and shall not issue a permit for any location that may create a traffic or pedestrian hazard.
(e) 
Location—Private Property. Sign placement conditions are as follows:
1. 
Signs shall not be located within ten (10) feet of a fire hydrant or a building fire department connection.
2. 
Signs shall not be placed to impede or obstruct the general public or the exit of building occupants.
3. 
Signs must not interfere with the vision clearance at corners and must be placed at least fifteen (15) feet from the corner (measured from street curb).
4. 
Signs shall not be placed more than ten (10) feet from the business entrance in which the sign advertises, at ground level.
5. 
Signs shall not be placed in the walking or wheelchair pathway areas or private sidewalk pathways.
6. 
The City of West Allis Building Inspections and Zoning Department shall review sandwich board sign placements and shall not issue a permit for any location that may create a traffic or pedestrian hazard.
(f) 
Any business that fails to comply with the provisions of this Code, after receiving one (1) written notification from the City of West Allis will lose its privilege to display a sandwich board sign for a one-year period.
(24) 
Creative Signs.
(a) 
Purpose. The purpose of the creative sign subsection is to establish standards and procedures for the design, review and approval of creative signs, such that consideration may be obtained from the Plan Commission to:
1. 
Encourage signs of unique design, and that exhibit a high degree of thoughtfulness, imagination, inventiveness and spirit; and
2. 
Provide a process for the application of sign regulations in ways that will allow for creatively designed signs that make a positive visual contribution to the overall image of the City, and in certain instances, a creatively designed sign may be permitted even though it is larger or unusual in design.
(b) 
Applicability. An applicant may request approval of a sign permit under Section 13.21(6) to authorize on-site signs that employ standards that differ from the other provisions of this section but comply with the provisions of this subsection.
(c) 
Design criteria. An application for a creative sign must first be filed with the Department of Development. The Plan Commission shall review all creative sign applications and proposals. The Plan Commission may approve, deny or request changes to a sign, based on design criteria of that sign. In approving an application for a creative sign, the Plan Commission shall ensure that a proposed sign meets the following design criteria:
1. 
Design quality. The sign shall:
a. 
Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area.
b. 
Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit.
c. 
Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
2. 
Contextual criteria. The sign shall contain at least one (1) of the following elements:
a. 
Classic historic design style;
b. 
Creative image reflecting current or historic character of the City;
c. 
Symbols or imagery relating to the entertainment or design industry; or
d. 
Inventive representation of the use, name or logo of the structure or business.
3. 
Architectural criteria. The sign shall:
a. 
Utilize and/or enhance the architectural elements of the building.
b. 
Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features/details of the facade.
(25) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (25), Violation, Penalties and Injunctive Action, was repealed by Ord. O-2014-0002, 2/4/2014. For current penalty provisions, see Section 13.26.
(26) 
Severability. If any provision, clause, sentence, paragraph, subsection of part of this code, or application thereof to any person, firm, corporation of circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. It is the intent of the Common Council that this code would have been adopted had any such invalid provision or provisions not been included.

13.215 Central Business District (Downtown) Sign Code.

[Ord. 6552, 12/19/2000; Ord. O-2007-0007, 4/17/2007]
(1)
Purpose
(2)
Definitions
(3)
Requirement of conformity
(4)
Conformity of nonconforming signs.
(5)
Procedures
(6)
Permits, inspections and revocations
(7)
Sign construction standards
(8)
Maintenance
(9)
Variance to sign code.
(10)
Prohibited signs, lighting and movement
(11)
Signs in the public right of way
(12)
Temporary signs
(13)
Awnings
(14)
Projecting signs
(15)
Wall signs
(16)
Window signs
(17)
Sandwich board signs
(18)
Illuminated signs
(19)
Changeable copy signs and electronic message centers
(20)
Tenant directory boards
(21)
Directional signs
(22)
Creative signs
(23)
Freestanding signs
(24)
(Reserved)
(25)
Severability
(1) 
Purpose. It is declared that the regulation of signs within the Central Business District (Downtown) is necessary and in the public interest to:
(a) 
Preserve the unique and historic character of the Downtown and protect property values within the City.
(b) 
Reduce visual clutter, establish and promote a clean and attractive environment and stimulate economic growth and stability.
(c) 
Promote a healthy and properly designed business environment by aesthetically complementing the development, which a sign identifies.
(d) 
Provide for the expression of both commercial and noncommercial speech.
(e) 
Provide for the identification and advertising needs of businesses.
(f) 
Safeguard the general public from damage and injury, which may be caused by the faulty and uncontrolled construction of signs within the City.
(g) 
Protect against hazards to vehicular traffic movement through improper placement of signs.
(h) 
Promote the public safety, welfare, convenience and enjoyment of travel and the free flow of traffic within the City.
(i) 
No regulation of sign content is intended to result from the application of this sign code.
(2) 
Definitions. As used in this section:
"Abandoned sign" means a sign or portion of a sign structure located on a property which becomes vacant and is unoccupied for a period of sixty (60) days or more, any sign or structure which pertains to a time, event or purpose which no longer applies or a sign which no longer directs attention to a business, activity or service offered or product sold on the premises.
 
"Area of sign" means that area enclosed by one (1) continuous line, connecting the extreme limits or edges of writing, representation or similar figures or characters together with any material forming an integral part of the display or forming the backing surface or background on which the message or symbols are displayed on a sign. The area shall be determined using the largest sign area or silhouette visible at any one (1) time from any point. This area does not include the main supporting sign structure, but other ornamental attachments are to be included in determining area of sign. As shown:
 
"Awning" means a roof-like cover, often of fabric, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door, or the like.
 
"Awning sign" means a sign attached to an awning.
 
"Banner" means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic, fabric or similar flexible material of any kind. A flag shall not be considered a banner.
 
"Building front foot" means the maximum building width measured at grade level with the street.
 
"Bus shelter" means a structure, which protects public transit system passengers from the climate while they wait for the arrival of their buses.
 
"Business front foot" means the lineal distance of the building space occupied by the particular business measured on a straight line parallel to the street. Where a business does not parallel a street, the front foot shall be measured along the exterior of the building space occupied by the particular business.
 
"Central Business District" means Downtown West Allis more specifically described as the C-1 Zoning District W. Greenfield Avenue between S. 70th Street and S. 76th Street.
 
"Change of Use" is deemed to have occurred whenever the type of business changes or when the occupant changes.
 
"Changeable copy sign" means a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.
 
"City" means the City of West Allis.
 
"Construction sign" means any sign giving the name or names of principal contractors, subcontractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other pertinent information included thereon.
 
"Creative sign" means any sign of unique design that exhibits a high degree of thoughtfulness, imagination, inventiveness and spirit, and that makes a positive visual contribution to the overall image of the City.
 
"Development sign" means any sign used to identify future residential or nonresidential development or such a development under construction.
 
"Directional sign" means any sign used to identify a certain location on a premises.
 
"Electronic message center sign" means a type of changeable copy sign upon which message or display is presented with patterns of lights or other means.
 
"Facade" means the exterior face of a building.
 
"Fascia" means a flat board, band, or face, used sometimes by itself but usually in combination with moldings, often located at the outer face of the cornice.
 
"Fixture" means a piece of equipment which has been permanently attached to real estate in such a way as to be part of the premises.
 
"Flag" means any national flag, flag of political subdivisions and symbolic insignia of any institution or business.
 
"Flashing sign" means a type of changeable copy sign upon which a message blinks repetitively. [Ord. O-2009-0028, 10/20/2009]
 
"Freestanding sign" means any sign which is supported by structures or supports in or upon the ground and independent from any building. Except for directional and sandwich board signs, freestanding signs are not permitted in the C-1, Downtown District.
 
"Grand opening sign" means a sign which calls attention to a new business or the announcement of a change in ownership of a business.
 
"Height of sign" means the overall height of a sign and/or the supporting structure of a sign, where applicable, measured from the top of the sign and/or supporting structure of the sign to the ground.
 
"Holders of permit" means, collectively, the owner(s) of the premises on which a sign is located and the lessee(s) of the premises to which such sign pertains.
 
"Illegal sign" means any sign, except the following:
1.
A sign allowed by this section and not requiring a permit.
2.
A sign allowed by this section carrying a valid permit.
3.
A legal nonconforming sign.
 
"Illuminated sign" means a type of sign in which the source of illumination is an integral part of the sign, either internally or externally.
 
"Informational sign" means a sign that indicates separate buildings or services on premises.
 
"Legal nonconforming sign" means a sign that met code regulations when it was originally erected, either by adherence to a previous sign code or by a variance granted to that code, but which does not comply with all the present regulations of this section.
 
"Maintenance" means the replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition or color of the copy.
 
"Master sign program" means the establishment of an identification program for any multi-tenant operation within the City, including, but not limited to, office buildings and multi-tenant office and retail buildings, and buildings over twenty-five thousand (25,000) square feet of area. The intent of a master sign program is to give a uniform theme of size, color and style to signs in such a development.
 
"Mobile sign" means a sign mounted on a frame or chassis designed to be easily relocated or portable. This definition does not apply to signs mounted on trucks, taxicabs or other motor vehicles as an incidental use of such motor vehicles.
 
"Parapet wall" means a wall extending above the plate line of the building.
 
"Pennant" means a tapered or dovetailed banner, sign, or streamer, with or without any representation or writing thereon.
 
"Permanent sign" means any sign which is intended to be and is so constructed as to be lasting and enduring, remaining unchanged in character, condition (beyond normal wear) and position, and in some permanent manner affixed to the ground, wall or building.
 
"Planned development" means a collection of like-use buildings, residential, office or industrial in nature, designed contemporaneously and in close proximity to each other as part of a single integrated project, including, but not limited to, residential subdivisions and office or industrial parks.
 
"Plate line" means the point at which any part of the main roof structure first touches or bears upon an external wall.
 
"Political sign" means a sign supporting a candidate for office or urging action on any other matter or social issue.
 
"Portable sign" means any sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building, including, but not limited to, signs on trailers.
 
"Projecting sign" means any sign attached to the side of a building or structure and which extends outward (generally perpendicular) from the exterior wall of the building or structure no more than twelve (12) inches but not more than four (4) feet.
 
"Roofline" means the highest point of the main roof structure or highest point on a parapet, but shall not include cupolas, pylons, projections or minor raised portions of the roof.
 
"Roof sign" means a sign extending above the roofline or located on the roof.
 
"Sale, lease and rent sign" means a temporary sign, which indicates that some premises or vacant land are for sale, lease or rent.
 
"Sandwich board sign" means a two-sided freestanding sign constructed of wood, metal or similar rigid material generally displayed outside of a commercial establishment to identify a product or service.
 
"Seasonal sign" means a temporary sign for seasonal commercial establishments, including, but not limited to, garden centers, Christmas tree lots and fruit and vegetable stands.
 
"Shingle sign" means a sign used to identify a business whose front is under a roof overhang, covered walkway, covered porch or open lattice walkway.
 
"Sign" means any device, structure, fixture, banner or placard using graphics, symbols, and/or written copy for the primary purpose of identifying or advertising any establishment, product, goods or services. The term "sign" shall not include any flag.
 
"Sign value" means the amount reported on the sign permit, which includes the costs of design, materials, construction, and installation.
 
"Snipe sign" means any sign attached to public property or erected in or over the public right-of-way. This does not include a sign projecting into the public right-of-way for which a grant of privilege has been obtained or signs installed by City, county, state or federal government.
 
"Streamer" means the same as pennant, as defined in this subsection.
 
"Structure" means any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner.
 
"Temporary sign" means a sign constructed of, but not limited to, cloth, canvas, wood, light fabric, cardboard, wallboard, plastic or other like materials, with or without frames, or any type of sign not permanently attached to the ground, wall or building which is permitted for display for a limited period of time only.
 
"Tenant directory board" means any sign on which the names of occupants or the uses of a building is given, including, but not limited to, those utilized at office buildings, retail centers and other multi-tenant commercial buildings.
 
"Time and temperature signs" means a sign which conveys the time and/or temperature.
 
"Traffic directional sign" means a sign designed and located solely for the purpose of relieving traffic congestion and directing and promoting the safe flow of traffic.
 
"Vision triangle" means a restricted vision area at the intersection of two public streets, a public street and a private alley, and a private driveway and a public street or alley. Private driveways servicing one- and two-family uses are exempt from the vision triangle restriction.
 
"Wall sign" means a type of sign the back of which is attached (parallel) to a building wall or structure, twelve (12) inches or less from the wall.
 
"Window" means an opening in the wall of a building for admission of light and air that is usually framed by casements or sashes containing transparent material (usually glass).
 
"Window area" means the transparent portion of a window within a frame.
 
"Window display" means any merchandise, pictures, artwork or models of products or services viewable in a window or door in such a manner as to permit viewing from the exterior of the building or structure.
 
"Window sign" means any sign painted upon or attached to or displayed in a window or door in such a manner as to permit viewing from the exterior of the building or structure.
(3) 
Requirement of Conformity. It shall be illegal for a sign to be erected, constructed, repaired, altered, located or maintained in the City, except as provided in this section.
(a) 
All signs constructed or maintained contrary to the provisions of this section are declared to be illegal.
(b) 
Any person or entity violating any provisions of this section or failing to comply with any orders or regulations made hereunder shall be subject to the penalties hereof and those otherwise provided by law.
(c) 
This section of the ordinance shall apply to signs located in the C-1. Central Business District of the City.
(4) 
Conformity of Nonconforming Signs.
(a) 
Any and all signs on a parcel which are nonconforming as of the date of the adoption of this Code (April 17, 2007) nonconforming being defined in Section 13.215(2) of this chapter and sec. 62.23(7)(h), shall conform to this section:
1. 
When there is any alteration to a sign that requires a permit;
2. 
When an electrical permit for a sign is required;
3. 
When there is any alteration to a building or site or structure that requires Plan Commission review;
4. 
When the total structural repairs or alterations in a nonconforming building, premises, structure, or fixture exceeds fifty percent (50%) of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use; or
5. 
When the nonconforming use of the building, premises, structure, or fixture is discontinued for a period of twelve (12) months.
(b) 
All signs subject to the conformity requirements of this section will have twelve (12) months from issuance of permit for an exterior alteration to a building or site or structure to meet the requirements. An extension of this time limitation may be granted by the Plan Commission in accordance with the following criteria:
1. 
The applicant requesting the extension shall complete a signage application available from the Department of Development and shall submit a two hundred fifty dollar ($250.) extension fee.
2. 
A written explanation for the extension of time shall accompany the signage application along with a timeline/schedule for obtaining necessary permits and a target date for construction start.
3. 
The request for extension shall be submitted within sixty (60) days of the expiration of the conformity requirements.
4. 
The extension, if granted, shall be valid for a period of six (6) months. If no building permit has been issued and construction has not commenced within six (6) months from and after the extension has been granted, the extension of time grant shall become null and void.
(5) 
Procedures.
(a) 
Sign Application Review and Permitting Process.
1. 
Sign review applications are available through the Department of Development. All signs will be reviewed for approval pursuant to the administrative procedures as set by the Department of Development except for signs which do not require a permit under Section 13.215(6) of this section, and temporary signs as described in Section 13.215(12). Permits are granted from the Building Inspections and Zoning Department and will only be granted after approval from the Department of Development or Plan Commission.
2. 
All signs for which a permit must be obtained are subject to review and approval by the West Allis Business Improvement District Design Review Committee. Recommendations of the Committee will be forwarded to the Department of Development.
3. 
The Department of Development decision on an application shall be issued within thirty (30) days of filing of the application with the office of the City Planner unless the applicant has agreed in writing to an extension.
4. 
Permits are granted from the Building Inspections and Zoning Department and will only be granted after approval from the Department of Development or Plan Commission.
5. 
All applicants must submit five (5) color copies of sign proposals along with a signage review fee (see Chapter 12 of the Revised Municipal Code) to the Department of Development. Such submissions shall detail the size of the sign, the method of attachment or support, the location(s) of the proposed sign(s), any other sign(s) located on the premises, the materials to be used, and any other information deemed necessary to properly review the proposal.
6. 
Guidelines for Approval.
a. 
The exterior architectural presentation and functional plan of the proposed sign will not be so at variance with or so similar to the exterior architectural presentation and functional plan of signs already constructed or in the course of construction in the area, or so out of harmony with the area, as to potentially contribute to substantial depreciation in the property values of the area.
b. 
The proposed sign conforms to the location, size and style and other requirements set forth in this section.
c. 
The proposed sign conforms to the City's long-range planning for the area as set forth in the City's Master Plan as that term is defined in Chapter 62.23(3), Wisconsin Statutes, or relevant portions thereof.
d. 
The proposed sign shares similar architectural or building material features of the principal building.
7. 
The Business Improvement District in cooperation with the Department of Development may establish guidelines, which further define and interpret this section. Those guidelines, if any, shall be made available to all sign applicants.
8. 
Any signage proposals that are denied by the Department of Development may be appealed to the Plan Commission in accordance with the variance procedure as stated in Section 13.215(9).
(6) 
Permits, Inspections and Revocations.
(a) 
A permit shall not be required for the following signs or activities; provided, however, that such signs or activities shall be subject to any and all applicable provisions of this section:
1. 
One (1) nonilluminated sign six (6) square feet or less in area unless otherwise specifically required by this section;
2. 
Maintenance, including repainting or replacing faces of signs, or minor nonstructural repairs of signs (except electrical repair);
3. 
Political signs;
4. 
Window signs only as permitted under Section 13.215(16);
5. 
Rental, sale and lease signs six (6) square feet or less in area; and
6. 
Address markers/signs; and
7. 
Flags.
(b) 
A permit shall not be required for the erection, construction, alteration, placement, maintenance or location of official traffic, fire and police signs, signals, devices and markings of the state and the City or other public authorities, or the posting of notices required by law or for other signs as approved by the Board of Public Works. See Section 13.215(11).
(c) 
No person, firm or corporation shall erect, replace, construct, enlarge, alter, move, relocate or maintain any sign as governed by this section without first obtaining a sign permit from the Building Inspections and Zoning Department, except as said forth in Section 13.215(6)(a) and (b) above. Before a sign permit may be issued, it shall first be approved by the Department of Development in accordance with the procedure in Section 13.215(5), and conform to the requirements of this code, and the applicant shall pay the required fees. See Chapters 12 and 13 of the Revised Municipal Code for a fee schedule.
1. 
Any owner of a premises or agent for the owner shall file an application for a sign permit on a form furnished for such purpose. Each application shall additionally include sufficient information to issue a permit to include plans and drawings detailing sign location information and sign construction information that indicates conformance with the construction standards of Section 13.215(7).
2. 
In addition to a sign permit, an electrical permit is also required for electrically operated signs.
3. 
As a condition of the issuance of a sign permit, the sign owner and owner of the premises upon which the sign is located agree to allow inspectors on the property for inspection of the installation and maintenance and further agree to promptly remove the sign should it become unsafe, inadequately maintained, dilapidated, abandoned, in nonconformance with this section, or if prescribed fees are not paid.
(d) 
Unless waived by the Building Inspections and Zoning Department, all signs for which a permit is required shall be subject to the following inspections:
1. 
Electrical inspection on all electrically operated signs.
2. 
Site inspection to insure that the sign has been constructed according to an approved application and a valid sign permit.
3. 
Inspection on a yearly basis to insure that the sign continues to conform to the permit and has been adequately and properly maintained.
(e) 
Permit Revocation and Sign Removal.
1. 
The Building Inspections and Zoning Department shall have the authority to revoke any sign permit upon determination that the sign authorized by the permit has been constructed or is being maintained in violation of the permit or the provisions of this section.
2. 
In revoking any sign permit and requiring the removal of any illegal sign, the Building Inspections and Zoning Department shall give a written compliance order to the owner(s) of the premises on which such sign is located and/or to the occupant(s) of the premises to which such sign pertains. The order shall state the reasons and grounds for removal, specifying the deficiencies or defects in such sign, and the violations charged, if any. Such order shall specify what repairs, if any, will make the sign conform to the requirements of this section, specify that the sign must be removed or made to conform with the provisions of this section within the compliance period provided below and further state the appeals process provided below. A sign with an expired permit is an illegal sign and therefore does not require revocation of the permit.
3. 
Compliance Period for Removal.
a. 
The compliance period for removal for permanent signs shall be thirty (30) days.
b. 
The compliance period for removal of temporary signs shall be forty-eight (48) hours.
4. 
The decision of the Building Inspections and Zoning Department to revoke the permit may be appealed to the Plan Commission. A written appeal must be filed within thirty (30) days from the date when the order was served. The Plan Commission shall consider this appeal at its next regularly scheduled meeting. The decision of the Plan Commission shall be the final determination as set forth in sec. 68.12 of the Wisconsin Statutes. The final determination may be appealed pursuant to sec. 68.13 of the Wisconsin Statutes and the notice of the Plan Commission's decision shall inform the parties of the right and time to appeal.
5. 
If no appeal has been filed within the thirty-day appeal period, or if the Plan Commission has upheld the decision of the Building Inspections and Zoning Department on appeal, the permit is deemed revoked and the sign is deemed illegal. The Building Inspections and Zoning Department then shall initiate the procedure for the removal of the illegal sign.
6. 
If after service of order the owner(s) and/or occupant(s) of the premises upon which the sign is located have not removed the sign or brought the sign into compliance with the provisions of the section by the end of the compliance period, the Building Inspections and Zoning Department shall take such legal action as deemed appropriate.
7. 
Removal. The Building Inspections and Zoning Department is authorized to cause the removal of any sign adjudged to be illegal by a court of competent jurisdiction if the court so orders. The actual cost and expense of any such removal by the Building Inspections and Zoning Department shall be charged against the owner of the property and may be entered as a special assessment against such premises to be collected in all respects like other taxes upon the real estate, as provided in Chapter 66.615(3)(f) of the Wisconsin Statutes, except in the case of snipe signage in the public right-of-way.
8. 
Re-erection of any sign or any substantially similar sign on the same premises after a compliance order has been issued shall be deemed a continuance of the original violation.
(7) 
Sign Construction Standards. All signs shall be designed and constructed to comply with the provision of this code for use of materials, loads and stress as required by the International Building Code (IBC), in the most current edition as published by the International Code Council, Inc.
(a) 
Signs shall be designed and constructed to withstand wind pressure as provided in IBC Chapter 16.
(b) 
Signs shall be designed and constructed with the allowable working stress conforming to IBC Chapter 16. The working stress of wire rope and its fastening shall not exceed twenty-five percent (25%) of the ultimate strength of the rope or fasteners. Exceptions:
1. 
The allowable working stress for steel and wood shall be in accordance with IBC Chapters 22 and 23.
2. 
The working strength of chains, cables, guys or steel rods shall not exceed one-fifth (1/5) of the ultimate strength of such chains, cables, guys or steel.
(c) 
Signs attached to masonry, concrete or steel shall be safely and securely fastened by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied. All ferrous chain, wire ropes, guy rods and their fastenings and anchor bolts shall be galvanized or be of other approved equivalent protection. Wood blocks shall not be used for anchorage, except in the case of signs attached to buildings with wood walls. Signs shall not be supported by anchors secured to an unbraced parapet wall. Minimum anchorage for wall signs is 3/8-inch diameter embedded at least five (5) inches. Minimum anchorage for projecting signs is 5/8-inch and turnbuckles shall be placed in chains, guys or steel rods supporting projecting signs.
(d) 
All ferrous parts of signs subject to corrosion shall be protected and maintained free of corrosion.
(e) 
Wood, approved plastic or other materials of combustible characteristic used as facings or in molding, cappings, nailing blocks, letters and latticing shall comply with Paragraphs 1 through 4 below, and shall not be used for other ornamental features of signs, unless approved.
1. 
All signs greater than forty (40) square feet shall be constructed of metal or other approved noncombustible materials.
2. 
Plastic and other materials which burn at a rate no faster than 2.5 inches per minute when tested in accordance with ASTM D 635 shall be deemed approved plastic and can be used as the display surface material and for letters, decorations and facings on signs and outdoor display structures.
3. 
The area of individual plastic facings of electric signs is limited by the area allowed for that type of sign but shall not exceed two hundred (200) square feet. If the total area of display surfaces exceeds two hundred (200) square feet, the area occupied or covered by approved plastics shall be limited to two hundred (200) square feet plus fifty percent (50%) of the difference between two hundred (200) square feet and the area of the display surface. The area of plastic on the display surface shall not exceed one thousand one hundred (1,100) square feet.
4. 
Letters and decorations mounted on approved plastic facing or display surface can be made of approved plastics.
(f) 
No sign shall be illuminated by other than electrical means. Any open spark or flame design is not permitted unless specifically approved.
(g) 
Signs that require electrical service shall comply with Chapter 14, Electrical Code.
(h) 
All internally illuminated signs shall bear the label of the manufacturer and approved testing agency, and the listing number shall be reported on the sign permit application.
(i) 
Signs shall not be erected, constructed or maintained so as to obstruct any fire escape or any window or door. A sign shall not be attached in any form, shape or manner to a fire escape, nor be placed in such manner as to interfere with any opening required for ventilation.
(8) 
Maintenance.
(a) 
All signs and sign support structures, together with all parts, to include, but not limited to, sign faces, supports, braces, base, guys and anchors, shall be kept in good repair and in proper state of preservation. Painted surfaces shall be maintained free of peeling, chipping paint. All metal parts and supports thereof shall be maintained free of corrosion.
(b) 
The Building Inspections and Zoning Department shall have the authority at all reasonable times to inspect and order the painting, repair, alteration, maintenance or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence. The Building Inspections and Zoning Department shall follow the procedure of notification concerning such maintenance or removal as outlined in Section 13.215(6).
(c) 
When any sign, advertising structure or device, or a major part thereof, is blown down, destroyed, taken down or removed for any purpose, such structure shall not be re-erected, reconstructed, rebuilt, or relocated, except in conformity with the regulations of this section. Additionally, any existing sign, sign structure, awning, canopy, or other advertising structure requiring repairs at any one time in excess of fifty percent (50%) of the sign's original value shall not be repaired unless made to conform to the requirements of this section.
(d) 
An abandoned sign is prohibited and shall be made to conform to this code or removed by the owner of the sign or owner of the premises. See Paragraph (2), "Abandoned sign."
(e) 
Any sign which is located on a premises which becomes vacant or unoccupied for a period of six (6) months or more is considered abandoned and shall be removed.
(f) 
If a business on a property is suspended because of business or property ownership or management change, for more than six (6) months, any signage associated is considered abandoned and shall be removed.
(g) 
The Building Inspector may grant up to a six-month extension of time for the removal or intended compliance of a sign, to the sign owner, under the provisions of this subsection. A written request for an extension of time shall be submitted to the Building Inspections and Zoning Department.
(h) 
All signs, awnings, canopies, and other advertising structures projecting into the City right-of-way may be inspected yearly for maintenance and conformance with this Code. An annual maintenance inspection fee shall be charged to the sign owner or property owner of each sign in place on January 1st and is due and shall be paid by March 15th of each year following original installation. The fee shall be in accordance with the fee schedule.
(i) 
All signs, as designated in the Building Inspections and Zoning Department fee schedule, may be inspected yearly for maintenance and conformance with the code. An annual maintenance inspection fee shall be charged to the sign owner of each sign and is due and shall be paid by March 15th of each year the sign exists. The fee shall be in accordance with the fee schedule.
(9) 
Variance to Sign Code.
(a) 
Purpose. Sign variances are intended to allow flexibility in sign regulations while fulfilling the purpose of this ordinance. Variance from specific regulations of this section may be granted by the Plan Commission, where, owing to special conditions, a literal enforcement of the provisions of this section will result in practical difficulty or unnecessary hardship; provided, that the spirit of this section shall be observed, public safety and welfare secured and substantial justice done. Nothing in this section, however, is intended to permit the erection or maintenance of signs which create the potential of public harm or for which there is no public benefit or which are in conflict with the City's master plan or relevant portions thereof.
(b) 
Procedure.
1. 
Any person may request a variance from any provision or requirement of Section 13.21 of the Revised Municipal Code, by submitting a written request to the Department of Development not less than twenty (20) days before the next regularly scheduled Plan Commission meeting. A fee shall be required of the applicant at the time that a request for a hearing is made in accordance with Development Review Fees in Chapter 12 of the Revised Municipal Code.
2. 
The Plan Commission shall review such requests for variances using the following criteria:
a. 
The sign as proposed will not result in an undue concentration of signage, which renders it difficult or confusing to read existing signs.
b. 
The proposed sign is unique and of exceptional design or style so as to enhance the area.
c. 
Site Difficulties: unusual site factors preclude the construction of a sign in accordance with this section, which would be visible to the roadway adjacent to the site frontage.
3. 
Should the Plan Commission find that a variance should be granted, the application will be forwarded to the Building Inspections and Zoning Department with directions to issue a permit in accordance with its decision. If the Plan Commission finds that a variance should not be granted, it shall inform the applicant of the reasons for such decision, in writing within thirty (30) days of the date of such decision. The decision of the Plan Commission shall be the final determination as set forth in sec. 68.12 of the Wisconsin Statutes. The final determination may be appealed pursuant to sec. 68.13 of the Wisconsin Statues and the notice of the Plan Commission's decision shall inform the parties of the right and time to appeal.
(10) 
Prohibited Signs, Lighting and Movement.
(a) 
Lighting. Bare light bulbs shall not be permitted. No flashing, blinking or rotating lights shall be permitted for either permanent or temporary signs other than for time and temperature signs. Illumination shall be so installed to avoid any glare or reflection into any adjacent property, or onto a street or alley to create a traffic hazard as determined by the Building Inspections and Zoning Department.
(b) 
Prohibited Signs. It is unlawful to erect or maintain the following signs:
1. 
Flashing signs.
2. 
Portable signs.
3. 
Pennants or streamers.
4. 
Abandoned signs/structures.
5. 
Snipe signs—signs in, on or over public property; excluding those regulated in Section 13.215(11).
6. 
Signs that interfere with traffic.
7. 
All prohibited signs not mentioned in this section.
(11) 
Signs in the Public Right of Way.
(a) 
No sign, pennant, flag or banner shall be erected, placed, located or maintained within the limits of any street or highway unless allowed as hereafter stated. Street or highway limits include all the dedicated rights-of-way, encompassing the traveled portion of the highway, shoulders, sidewalks, ditches and adjacent dedicated areas. This prohibition applies to freestanding signs and those placed on trees, utility poles, fence post stakes and all other structures within the highway limits.
1. 
Failure to comply with the provisions of this section shall be a violation of sec. 86.19, Wisconsin Statutes, which is hereby adopted, as well as this section.
2. 
Any sign in violation of this section shall be removed without notice by the Building Inspections and Zoning Department, the Police Department, or the Public Works Department.
3. 
This prohibition shall not apply to signs placed within the limits of streets or highways by duly constituted municipal, county or state authorities for the guidance or warning of traffic, as provided in sec. 86.19(1) and (4), Wisconsin Statutes, or to mail boxes and paper boxes, bus shelters, or to banners, signs, pennants, flags or other related decorations hung over streets attached to public property as authorized by the Board of Public Works in which case these will not require a permit under this section.
4. 
No sign shall be erected, placed, located or maintained at or near the intersection of any streets so as to obstruct free and clear vision or at any location where, by reason of position, shape and color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device, or which makes use of the words "stop," "look," "danger" or other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.
(b) 
Signs on Public Property. No person shall erect, place or locate any sign in or on public property, with the exception of awning, projecting and sandwich board signs, which are only allowed in the public right-of-way with a grant of privilege from the Board of Public Works.
(12) 
Temporary Signs.
(a) 
Permit, Maintenance and Removal.
1. 
The Building Inspections and Zoning Department may issue a temporary sign permit as stated in this subsection. After permit application, a temporary sign permit may be issued for a time period specified unless as otherwise noted in this subsection.
2. 
Any temporary sign erected without a permit or for which the permit has expired may be removed by the Building Inspector with or without notice.
3. 
All temporary signs shall be maintained in good condition and removed promptly upon expiration of the permit or as ordered by the Building Inspector.
(b) 
Banners.
1. 
Application for a banner sign shall include information and/or plans indicating the size of the sign, the advertising or copy on the sign, the location of the sign on the property, sign material type, and information regarding installation (attachment and/or support).
2. 
Each banner allowed may not exceed fifteen (15) square feet in area.
3. 
No more than one (1) banner may be erected per business or occupant per calendar year, with each permit issued allowing a maximum of sixty (60) days for the banner to be posted on the property.
4. 
A grand opening banner sign not exceeding twenty (20) square feet may be allowed for a new business for a period of thirty (30) days in addition to other banners allowed.
5. 
Seasonal signs may be posted for the term of the season as stated on the issued permit.
6. 
The Director of the Building Inspections and Zoning Department may allow a temporary sign to remain in place for up to ninety (90) days with one (1) ninety-day extension of time, while a business or property owner pursues a permanent sign.
(c) 
Construction and Development Signs.
1. 
Construction and development signs are allowed to indicate the new business, development, contractor, subcontractor, architect or lending institution.
2. 
Application for each construction or development sign shall include information and/or plans indicating the size of the sign, copy on the sign, sign material type, the location of the sign on the property, whether single- or double-faced, and sign attachment and/or support information.
3. 
One (1) development sign is allowed per street frontage and may not exceed thirty-two (32) square feet in area.
4. 
Two (2) construction signs are allowed per street frontage and each sign may not exceed thirty-two (32) square feet in area.
5. 
Construction and development sign permits shall expire ten (10) days after the first occupancy and shall be removed promptly upon expiration.
(d) 
Sale, Lease and Rent Signs.
1. 
Vacant land and land being developed may have a temporary sale, lease, and rent sign posted on each street which the land abuts. The sign shall be placed on the property being sold, leased or rented in accordance with this subsection.
2. 
Residential use properties are allowed a sale, lease, or rent sign, not greater than six (6) square feet in area and may be double-faced. Freestanding signs shall not be greater than five (5) feet in height. No permit is required and the sign shall be removed upon sale, lease or renting of the use advertised.
3. 
Nonresidential use properties are allowed one (1) temporary sale, lease, or rent sign, which may be single- or double-faced and shall not exceed twelve (12) square feet in area. Freestanding signs shall not be greater than five (5) feet in height. A permit is required for each sign in access of six (6) square feet. Each sign shall be removed upon sale, lease, or renting of the use advertised, except as stated in Section 13.215(12)(d)(4). The notice to remove noncomplying signs shall be in accordance with the procedures outlined in Section 13.215(6).
4. 
For new nonresidential developments, a temporary sale, lease, or rent sign permit may be issued for one hundred eighty (180) days and may be renewed for ninety-day periods until the development's units are ninety percent (90%) occupied or when two thousand (2,000) square feet of area or less remains to be sold, leased, or rented. The notice to remove noncomplying signs shall be in accordance with the procedures outlined in Section 13.215(6).
(e) 
Political Signs.
1. 
The sign area of a political campaign sign displayed in other than residential zoning districts shall not exceed twenty (20) square feet in area. The sign area of such signs displayed in residential zoning districts shall not exceed six (6) square feet in area. In any zoning district, such signs may be freestanding and shall not exceed six (6) feet in height.
2. 
No permit shall be required for political signs.
(13) 
Awnings. Awning signs are permitted subject to the following regulations:
(a) 
A grant of privilege is required for awnings over the right-of-way [see Section 13.215(11)].
(b) 
Area. The area of sign copy shall not exceed twenty-five percent (25%) of the face of the awning/canopy to which the sign is to be affixed (see Figure 2 below).
(c) 
Location.
1. 
Projection. The sign may be affixed to any awning/canopy. An awning shall not project closer than two (2) feet to the edge of street curb.
Figure 2: Awning Signage
2. 
Clearance. The lowest part of the awning structure shall not be less than seven (7) feet above the adjacent street grade or walk area below. The height of the awning fringe shall not be less than six (6) feet nine (9) inches above the adjacent grade.
(d) 
Materials. Plastic/vinyl awning materials are not permitted.
(e) 
Illumination: Awnings may be illuminated.
(14) 
Projecting Signs. Projecting signs are permitted subject to the following regulations:
(a) 
Architecture and Design.
1. 
Architecture. Projecting signs must be architecturally integrated with the principal building on the property. The tone and texture of the sign shall reflect the principal building construction as close as possible or shall enhance the exterior architecture of the principal building.
2. 
Design. Projecting signs shall be a minimum of one (1) inch in thickness. Decorative noncorrosive metal, or other approved durable material support arms are required. Signs with borders shall be constructed with a two-inch minimum border thickness. Artistic qualities, design relief and articulation of signage including raised letters, framing, insets/off-sets and unique shapes are required.
(b) 
Materials.
1. 
Acceptable materials. Wood, aluminum, masonry, or similar product or polycarbonate or other approved durable materials. Painted wood relief letters, acrylic plastics, noncorrosive prefinished metals, painted laminated wood products clad in approved materials (clear acrylic), approved synthetic materials (fypon, synthetic wood products, foam plastics).
2. 
Nonacceptable materials. Exclusively painted flat laminated wood products (plywood, MDO, OSB, particle board or wood chip panels).
(c) 
Review. Any signage requests are subject to review and approval of the Downtown West Allis Business Improvement District Design Review Committee. The Department of Development may approve, deny or request changes to a sign, based on the architecture of that sign.
(d) 
Size Requirements and Location.
1. 
Number. One projecting sign is permitted per street frontage for each tenant. A grant of privilege will be required for signs over the right-of-way [see Section 13.215(11)].
2. 
Area. The gross surface area of the sign shall be limited to a maximum of sixteen (16) square feet for single and multi-tenant buildings. Buildings over one-story are permitted an additional sixteen (16) square feet for each additional level to a maximum of one hundred (100) square feet in area.
3. 
Projection. The sign shall not project more than four (4) feet from the wall to which it is attached.
4. 
Clearance. No part of the sign shall be lower than eight (8) feet above the walk or surface below.
5. 
Height. Projecting signs height shall not exceed a height, or encroach, within four (4) feet of the top of the parapet wall or roofline. No sign shall extend above the roof, wall or parapet of the building to which it is attached.
(15) 
Wall Signs. Wall signs are permitted subject to the following regulations:
(a) 
Architecture and Design.
1. 
Architecture. Wall signs must be architecturally integrated with the principal building on the property. The tone and texture of the sign shall reflect the principal building construction as close as possible or shall enhance the exterior architecture of the principal building.
2. 
Design. Artistic qualities, design relief and articulation of signage including raised letters, framing, insets/off-sets and unique shapes are required. Surface mounted signs shall be a minimum of one (1) inch in thickness and installed with a one-inch minimum off-set from the building facade. Signs with borders shall be constructed with a two-inch minimum border thickness.
(b) 
Materials.
1. 
Acceptable materials. Wood, aluminum, masonry, or similar product or polycarbonate or other approved durable materials. Painted wood relief letters, acrylic plastics, noncorrosive prefinished metals, painted laminated wood products clad in approved materials (clear acrylic), approved synthetic materials (fypon, synthetic wood products, foam plastics).
2. 
Nonacceptable materials. Exclusively painted flat laminated wood products (plywood, MDO, OSB, particle board or wood chip panels).
(c) 
Review. Any signage requests are subject to review and approval of the Downtown West Allis Business Improvement District Design Review Committee and the Department of Development. The Department of Development may approve, deny or request changes to a sign, based on the architecture of that sign.
(d) 
Size Requirements and Location.
1. 
Number. One (1) wall sign for each business facade that abuts a street or open space greater than ten (10) feet in width.
2. 
Area. The maximum sign area of each wall sign on a building's facade(s) (excluding alley elevations) shall be computed as one and five-tenths (1.5) square feet times the lineal front foot of the facade, to a maximum of fifty (50) square feet, whichever is less.
3. 
Location. No wall sign shall project more than twelve (12) inches from the wall to which it is attached, nor shall it extend beyond the ends of the wall to which it is attached. A wall sign must be placed on an exterior wall of the business, which the sign identifies.
4. 
Height. Wall signage height shall not exceed a height, or encroach, within four (4) feet of the top of the parapet wall or roofline. No sign shall extend above the roof, wall or parapet of the building to which it is attached. Signage may be allowed on canted roof surfaces, but only if the roof surface is within twenty-five degrees (25°) of vertical, such as a mansard roof.
5. 
Alley Entrances. Single or multi-tenant business establishments with alley entrances for customers shall be permitted one (1) shared wall sign to be located over or adjacent to such entrance. Such sign shall be limited to fifteen (15) square feet and shall not encroach into the right-of-way.
(16) 
Window Signs. Window signs are permitted subject to the following regulations:
Figure 3: Maximum Window Signage
(a) 
Area. In no instance may window signs (see Figure 3 below) cover more than twenty percent (20%) of the window space. All window signs must be affixed to the interior of the window.
(17) 
Sandwich Board Signs.
(a) 
All applications for sandwich board signs shall be filed with the Department of Development for consideration. Applications shall include renderings of the sign and a scaled site plan delineating sign location. Permits, when approved, are valid for one (1) year and may be applied for through the Building Inspections and Zoning Department.
(b) 
The City of West Allis reserves the right to restrict placement of signs during inclement weather, when a snow emergency has been declared, and special events, including, but not limited to, parades.
(c) 
General Requirements.
1. 
Sandwich board signs shall not be illuminated or have reflective surfaces. No additional items shall be affixed to the signs (i.e., balloons, streamers, flags, etc.). Signs shall not be located within City planting beds or against street trees and at least fifteen (15) feet from a street or alley corner.
2. 
Sandwich board signs shall not be displayed overnight and/or when the business is closed.
3. 
Number. Due to the unique nature of the downtown with many businesses in close proximity to each other, no more than twelve (12) signs shall be permitted within the District.
a. 
When there is one (1) entrance for multiple tenants, only one (1) sandwich board sign shall be permitted on that property.
4. 
Area. The maximum sign face shall not exceed ten (10) square feet, with a base not to exceed two and five-tenths (2.5) feet wide. Two (2) sign faces are permitted. The total height of the sign shall not exceed four (4) feet.
5. 
Term. Signs must be stored inside overnight or when the business is closed. Signs shall not be displayed during snow emergencies.
6. 
Materials. Durable approved materials shall be used such as wood or metal, which are rigid, and make the sign self-supporting. No cardboard, plastic, or PVC pipe materials are permitted.
(d) 
Location — Right-of-Way. Sandwich board signs may be located in the City's right-of-way. Sign placement conditions are as follows:
1. 
If the sign will be located in the public right-of-way, then a Grant of Privilege is required pursuant to Section 13.215(11). The applicant shall provide an insurance certificate in a form approved by the City Attorney, in the amount of one million dollars ($1,000,000.), naming the City of West Allis as an insured party in connection with each sign. Furthermore the applicant shall comply with any applicable special conditions in the grant of privilege.
2. 
Signs shall not be located less than six (6) inches from the face of the curb, (unless located on premises). An unobstructed width of four (4) feet shall be provided for pedestrian traffic. Signs shall not be located within City planting beds or against street trees and at least fifteen (15) feet from a street or alley corner.
3. 
Signs shall not be located within ten (10) feet of a fire hydrant nor a building fire department connection.
4. 
Signs shall not be placed to impede or obstruct the general public or the exit of building occupants. Signs shall not be placed in the walking or wheelchair pathway areas or private sidewalk pathways.
5. 
Signs must not interfere with the vision clearance at corners and must be placed at least fifteen (15) feet from the corner (measured from street curb).
6. 
Signs shall not be placed more than ten (10) feet from the business entrance in which the sign advertises, at ground level.
7. 
The City of West Allis Building Inspections and Zoning Department shall review sandwich board sign placements and shall not issue a permit for any location that may create a traffic or pedestrian hazard.
(e) 
Location — Private Property. Sandwich board signs may also be permitted on commercially used private property. Sign placement conditions are as follows:
1. 
Signs shall not be located within ten (10) feet of a fire hydrant nor a building fire department connection.
2. 
Signs shall not be placed to impede or obstruct the general public or the exit of building occupants. Signs shall not be placed in the walking or wheelchair pathway areas or private sidewalk pathways.
3. 
Signs must not interfere with the vision clearance at corners and must be placed at least fifteen (15) feet from the corner (measured from street curb).
4. 
Signs shall not be placed more than ten (10) feet from the business entrance in which the sign advertises, at ground level.
5. 
The City of West Allis Building Inspections and Zoning Department shall review sandwich board sign placements and shall not issue a permit for any location that may create a traffic or pedestrian hazard.
(f) 
Any business that fails to comply with the provisions of this Code, after receiving one (1) written notification from the City of West Allis will lose its privilege to display a sandwich board sign for a one-year period.
(g) 
Indemnification. The West Allis Business Improvement District shall indemnify and hold the City of West Allis harmless from and against any and all liability, loss, cost, damage or expense including reasonable attorney fees arising out of, or incurred in connection with each sign and/or damage to any buildings, properties, vehicles or persons injured from any action or inaction by the Downtown Business Improvement District.
(h) 
Fee. A permit is required for each sign term.
(18) 
Illuminated Signs. Illuminated signs are permitted subject to the following regulations:
(a) 
Internal Illumination. Signage background, copy and logos may be translucent.
(b) 
External Illumination. Signs may be indirectly lit by separate clearly articulated architectural lamps mounted to the exterior of the building, above and/or below the sign.
(c) 
Neon. The use of neon is permitted, provided the signage display and use of color is designed to complement the architectural character of the building to which the sign is affixed.
(d) 
Glare. All sign lighting shall be designed, located, shielded or hooded so as to prevent the casting of glare or direct light upon adjacent streets or properties.
(e) 
Prohibitions. Flashing light is prohibited. "Flashing sign" means a type of changeable copy sign upon which a message or display is presented more frequently than for three-second intervals. Intervals greater than three (3) seconds shall not be considered flashing.
(19) 
Changeable Copy Signs and Electronic Message Centers. Changeable copy and EMC signs are permitted subject to the following regulations:
[Ord. O-2009-0028, 10/20/2009]
(a) 
Area. The computation of sign area for changeable copy signs and electronic message centers shall be included in the total permitted sign area allowed for the building or development where changeable copy signs and electronic message centers are permitted by this section and/or by the Department of Development.
1. 
The changeable copy portion of the sign must occupy a secondary position to the name of tenant. The area of changeable copy and electronic message centers shall not exceed thirty-five percent (35%) of the sign face.
(b) 
Number. There shall be only one changeable copy sign or electronic message center on each lot or parcel of land.
(c) 
Design. Changeable copy signs and electronic message centers must be integrated into a freestanding sign, wall sign or projecting sign for such building or development.
1. 
Electronic message centers may change a message or display by an electronic process, with no frequency restrictions; however, flashing of a message or display is not permitted.
2. 
The sign may be double-faced.
3. 
Each sign shall be permanently installed or located.
4. 
Each sign shall be placed in such a manner so as to not interfere with, confuse or present any hazard to traffic.
(20) 
Tenant Directory Boards. Tenant directory board signs are permitted subject to the following regulations: Exterior tenant directory boards for the purpose of guiding pedestrians to individual businesses within a multi-tenant commercial building or center are allowed, subject to the provisions hereof. Letters on a tenant directory board, identifying occupants, may not exceed three (3) inches in height. Reorganization of a tenant directory board may be done for purposes of appearance or clarity. Changes in the structure, style or design of a tenant directory board or to add or delete the name of an occupant shall be allowed unless such tenant directory board is a legal nonconforming sign, in which case such tenant directory board must first be brought into compliance with all of the provisions of this section. Tenant directory boards shall match the color and style of the principal signage for the property and shall be located either within or outside in proximity to the main entrance area of the building. Tenant directory board signs shall be attached to the building. Tenant directory boards are allowed in addition to awning, wall and projecting signs. Tenant directory boards require a permit to be issued by the Building Inspections and Zoning Department.
(21) 
Directional Signs.
(a) 
Number. No more than one (1) single-faced, double-faced or four-sided freestanding sign shall be permitted for each driveway. No directional sign shall be greater than four (4) feet in height.
(b) 
Area. The area of each side of a directional sign shall not exceed six (6) square feet. If a driveway is shared by two (2) or more businesses or premises and each such business or premises would be permitted one (1) directional sign, pursuant to this section, such signs may be incorporated into one (1) eight-square-foot directional sign no greater than four (4) feet in height. The area of a directional sign is not calculated with the total signage area permitted on a site.
1. 
Twenty-five percent (25%) of the area of each side of a directional sign may be used for the business name or logo.
(c) 
Location. An offset of no less than one (1) foot from the ultimate right-of-way line should be maintained.
(d) 
Design.
1. 
Directional signs, including the base, must be architecturally integrated with the principal sign on the property. The tone and texture of the sign shall reflect the principal sign construction as close as possible or shall enhance the exterior architecture of the principal sign.
2. 
The color scheme of the sign shall complement the color scheme of the principal sign.
3. 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
4. 
Any signage requests are subject to review and approval of the Downtown West Allis Business Improvement District Design Review Committee. The Department of Development may approve, deny or request changes to a sign, based on the architecture of that sign.
(e) 
Directional signs may be approved administratively by the Department of Development.
(22) 
Creative Signs. Creative signs are permitted subject to the following regulations:
(a) 
Purpose. The purpose of the creative sign subsection is to establish standards and procedures for the design, review and approval of creative signs, such that consideration may be obtained from the Plan Commission to:
1. 
Encourage signs of unique design, and that exhibit a high degree of thoughtfulness, imagination, inventiveness and spirit; and
2. 
Provide a process for the application of sign regulations in ways that will allow for creatively designed signs that make a positive visual contribution to the overall image of the City, and in certain instances, a creatively designed sign may be permitted even though it is larger or unusual in design.
(b) 
Applicability. An applicant may request approval of a sign permit under Section 13.215(6) to authorize on-site signs that employ standards that differ from the other provisions of this section but comply with the provisions of this subsection.
(c) 
Design criteria. An application for a creative sign must first be filed with the Department of Development. The Plan Commission shall review all creative sign applications and proposals. The Plan Commission may approve, deny or request changes to a sign, based on design criteria of that sign. In approving an application for a creative sign, the Plan Commission shall ensure that a proposed sign meets the following design criteria:
1. 
Design quality. The sign shall:
a. 
Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area.
b. 
Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit.
c. 
Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.
2. 
Contextual criteria. The sign shall contain at least one of the following elements:
a. 
Classic historic design style;
b. 
Creative image reflecting current or historic character of the City;
c. 
Public art, symbols or imagery relating to the entertainment or design industry; or
d. 
Inventive representation of the use, name or logo of the structure or business.
3. 
Architectural criteria. The sign shall:
a. 
Utilize and/or enhance the architectural elements of the building.
b. 
Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features/details of the facade.
(23) 
Freestanding Signs.
[Ord. O-2009-0028, 10/20/2009]
(a) 
Architecture and Landscaping.
1. 
Freestanding signs must be architecturally integrated with the principal building on the property. The base, sides, and top of the sign shall be constructed of masonry or other approved durable materials. The tone and texture of the base, sides, and top shall reflect the principal building construction as close as possible or shall enhance the exterior architecture of the principal building. The base of the sign shall be a minimum of two feet in height.
2. 
The color scheme of the sign shall complement the color scheme of the principal building.
3. 
Architectural features (such as sills, piers, reveals, capstones, medallions, etc.), which are part of the architectural makeup of the principal building, shall be incorporated into the sign.
4. 
The sign face shall be constructed of aluminum, masonry, or similar product or polycarbonate with an opaque background or other approved durable materials. If internally illuminated, the sign face must be constructed of an opaque background.
5. 
The sign structure or post of a freestanding sign must be wrapped in or constructed of a material compatible with the materials utilized in the construction of the building to which the sign refers. The width of the base of the sign must be equal to or greater than the width of the sign face.
6. 
Landscaping Requirements. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign. For example, 20 square feet of sign area = 40 square feet of landscaped area. The Department of Development may reduce or waive this requirement if it is determined the additional landscaping would not contribute significantly to the overall aesthetic character of the project.
7. 
The Department of Development may approve, deny or request changes to a sign, based on the architecture of that sign.
(b) 
Size Requirements and Location.
1. 
Number. One freestanding sign shall be permitted on each lot or parcel of land.
2. 
Area. The maximum area of a freestanding sign shall not exceed 25 square feet in area.
3. 
The sign may have multiple faces if so approved.
4. 
Height. The maximum height of a freestanding sign may not exceed eight (8) feet. The applicant shall provide dimensions of the proposed sign. The height of a freestanding sign shall be regulated and approved by the Department of Development in consideration of the location of the proposed sign; the height, size, appearance, number and location of other signs in the vicinity of the proposed sign; the propriety of the proposed sign with respect to a master sign plan, if any; and such other facts as the Department of Development deems appropriate.
5. 
Location. An offset of no less than one (1) foot from the ultimate right-of-way line should be maintained.
a. 
The sign shall be located in an area of meaningful open space, which shall be appropriately landscaped, including some year-round plantings.
b. 
Site consideration should be given to signs on corner lots, near driveways and/or alleys, etc. Signs are not to obstruct the vision triangle. (See Figure 1 below.) Signs proposed within the vision triangle shall require Plan Commission approval.
Figure 1: Vision Triangle Restrictions
(24) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (24), Violation, Penalties and Injunctive Action, as amended by Ord. O-2009-0028, 10/20/2009, was repealed by Ord. O-2014-0002, 2/4/2014. For current penalty provisions, see Section 13.26.
(25) 
Severability. If any provision, clause, sentence, paragraph, subsection of part of this code, or application thereof to any person, firm, corporation of circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. It is the intent of the Common Council that this code would have been adopted had any such invalid provision or provisions not been included.
[Ord. O-2009-0028, 10/20/2009]

13.22 Razing of Buildings and Structures. [1]

[Ord. O-2016-0016, 3/15/2016]
(1) 
Scope. Buildings and structures shall be razed in accordance with this code section. For the purpose of this code section, "raze" means to demolish and remove a building or structure and all components thereof, to include, but not limited to, roofs, exterior and interior walls, foundations, footings and slab floors and restore the site to a dust-free and erosion-free condition.
(2) 
Accessory Buildings. A building or structure that is accessory to the building or structure that is being razed shall also be razed unless approved by the Building Inspector.
(3) 
Site Improvements. Unless approved by the Building Inspector or in accordance with an approved site plan, when a building or structure is razed, all site improvements shall also be demolished, to include, but not limited to removal of sheds, fences, slabs, stairs, walks, driveways, concrete and asphalt parking surfaces and other site improvements.
(4) 
Backfill. Fill materials may include stone, earth or other commonly accepted nonorganic fill material. Concrete or masonry building materials may be used for fill if reduced to aggregate of less than three (3) inches in size. Fill materials shall be placed or compacted in such a manner as to minimize settling.
(5) 
Site Restoration. After a building or structure is razed, the project site shall be restored to a dust-free, erosion-free condition in accordance with an approved site plan. In the absence of an approved site plan, the site shall be graded to prevent ponding and/or runoff. Topsoil shall be uniformly distributed to a minimum depth of four (4) inches and shall be seeded with perennial grass suitable for the local climate. Mulching, matting, netting or similar topsoil/seed stabilization methods shall be in place until grass is established.
(6) 
Site Maintenance. The owner shall be responsible for post-demolition property maintenance as required under Section 13.28(10) of this Code.
(7) 
Party Walls. When a building shares a party wall with an adjacent property, the owner of the property that is being razed shall be responsible for restoration of the exposed party wall in accordance with architectural plans approved by the Plan Commission.
(8) 
Permits Required. Prior to razing any building or structure or any portion thereof, the owner or agent for the owner shall obtain a raze permit from the Building Inspector.
(a) 
A bond, in a form acceptable to the City Attorney, or cash deposit shall be required to be submitted to the City to insure completion of the demolition and site restoration in accordance with this section. The bond/deposit amount may be substituted with an approved bond or other security for installing landscaping and screening as approved by the Plan Commission and Planning Division.
1. 
The bond or deposit amount shall be in accordance with Section 13.255 of this Code.
2. 
The bond or deposit may be held to recover costs that the City may incur as a result of uncompleted demolition or site restoration work required by this section, including, but not limited to, removal of buildings, structures and accessory structures or portions thereof, including foundations, footings, and slab floors; utility termination; sewer and water termination; repair of damage to City property; removal of fences, slabs, stairs, walks, driveways or other site improvements; private well abandonment; installation and maintenance of site security measures such as barricades or fences; installation and maintenance of site erosion control measures; final grading and installation of vegetation to control dust and soil erosion from the site.
3. 
If a bond is submitted, it shall be maintained in the favor of the City.
4. 
The bond or deposit may be released to the owner or agent for the owner upon compliance with this section and an approved site plan.
5. 
A bond or deposit may be waived for one- and two-family use properties when an accessory building or accessory structure is the only structure to be razed.
(b) 
Soil Erosion Control. A permit shall be obtained from the Building Inspector to install and maintain soil erosion control measures in accordance with the requirements of Section 13.32 of this Code. Soil erosion control measures shall not be removed from the project site until the Building Inspector deems that sufficient vegetation or other site stabilization has been established on the project site to prevent soil erosion from occurring.
(c) 
A plumbing permit shall be obtained by a licensed plumbing contractor for termination of private wells, water, sanitary sewer and/or storm sewer services to the property. Water and sewer connections to the property shall be terminated and sealed at the property line.
(d) 
A building permit may be required for alterations to an existing building when only a portion of the building is razed.
(9) 
Zoning. Except for one- or two-family dwellings and their respective accessory structures, the Building Inspector shall not issue a raze permit until the owner or agent of the owner has submitted architectural plans and/or landscape/screening plans and obtained approval for said plans in accordance with Section 12.13 of the Code.
(10) 
Historical Commission. The Building Inspector shall not issue a raze permit without notification to the Historical Commission.
(11) 
Rodent Abatement. The Building Inspector shall not issue a raze permit without a written report from a state licensed pest control company certifying that the property is free from rodent activity and/or infestations.
(a) 
This requirement may be waived by the Health Department for demolition of small structures or buildings in areas of little or no rat activity.
(b) 
If demolition activity stops for a period of more than thirty (30) days, a new written report is required prior to continuing demolition activities.
(c) 
If rats or rodent infestations are found on-site, a state licensed exterminator, hired at the property owner's expense, shall eliminate the rodent infestation before demolition can begin. Rodent bait stations shall be placed around the perimeter of the property and alongside all buildings/structures on the property to be demolished. The bait stations shall be serviced and/or monitored for a minimum of two (2) weeks before an exterminator can declare the property rodent-free. A copy of the exterminator's service invoice(s), listing all dates of service, shall be sent to the Health Department accompanied by a letter from the exterminator declaring the property and all buildings/structures to be rodent-free.
(d) 
The permittee shall maintain the demolition site, so as to not allow rat harborage areas or rat feeding places.
(12) 
Notification. The owner or agent for the owner shall be responsible for notifying City and state departments and utilities as follows.
(a) 
The Water Department shall be notified regarding removal of the water meter. The meter shall be removed prior to razing.
(b) 
The Engineering Department shall be notified for occupying the City right-of-way during demolition and for traffic and pedestrian protection requirements in accordance with Chapter 11 of the Code.
(c) 
The Fire Department shall be notified regarding cutting, welding, fire extinguisher placement, permits and other requirements.
(d) 
Utility companies (gas, electric, cable, phone, etc.) shall be notified to terminate service and remove all connections and meters from the property.
(e) 
In accordance with Wisconsin Administrative Code, Sections NR406, NR410 and NR447, the Department of Natural Resources shall be notified regarding asbestos abatement prior to disturbing any site.
(13) 
Site Safety and Security. The project site shall be maintained safe and secured from public entry once a permit is obtained and shall remain until the site is restored to a dust-free and erosion-free condition.
(a) 
Vacant buildings that are to be razed shall have doors, windows and other openings secured to prevent public access during the permit application process and during the demolition. Perimeter fencing may serve in lieu of secured openings.
(b) 
Properties shall be protected at the property lines with fencing at least six (6) feet in height and lockable gates. Fencing shall remain in place during the demolition process. The requirement for fencing may be waived at the discretion of the Building Inspector.
(14) 
Hazardous and Nuisance Conditions.
(a) 
Special demolition procedures requiring the use of explosives, toppling large structures en masse or other special procedure shall not be conducted without the approval of the Building Inspector and the Fire Department.
(b) 
Multi-story buildings. No roof, wall or floor shall remain unsupported at the end of each workday during demolition of a multi-story building.
(c) 
Demolition activities shall not cause debris to fall or be projected onto the public way.
(d) 
The Building Inspector may require that the site be watered to prevent wind blown dust from causing a public nuisance.
(e) 
The demolition contractor shall be responsible for controlling and preventing wind blown debris from the demolition site.
(f) 
The public way shall be cleaned of tracked or strewn debris before the end of each workday.
(g) 
The Building Inspector may require more immediate corrective measures when deemed necessary to eliminate a public nuisance.
[1]
Editor's Note: Former Section 13.22, Awnings and Hoods, was repealed 9-6-2005 by Ord. O-2005-0031.

13.23 Accessory Structures. [1]

[Ord. O-2016-0038, 8/2/2016]
(1) 
Scope. The provisions of this section shall apply to the installation and construction of accessory structures. All accessory structures are required to comply with the location, size, height, and other restrictions found in Chapter 12 of this Code.
(2) 
Construction. Accessory structures shall be site-constructed out of treated or naturally decay-resistant wood or masonry, or shall be prefabricated out of plastic or metal.
(3) 
Base. All storage sheds shall have a concrete, asphalt or masonry paver base. Prefabricated storage sheds sixty-five (65) square feet or less, which have a prefabricated floor, shall be permitted to be installed per the manufacturer's installation specifications, which may or may not include a base.
(4) 
Anchoring. All accessory structures shall be anchored to a base or otherwise secured to prevent upheaval or overturning during a wind, flood or other event.
(5) 
Rodent Harboring. All accessory structures shall be constructed and maintained to prevent rodent harboring inside the structure or underneath the structure, base or floor.
(6) 
Permits. All accessory structures that are one hundred fifty (150) square feet or less do not require a building permit.
[1]
Editor's Note: Former Section 13.23, Marquees, was repealed 9-6-2005 by Ord. O-2005-0031.

13.24 (Reserved) [1]

[1]
Editor’s Note: Former Section 13.24, Canopies, was repealed 9-6-2005 by Ord. O-2005-0031.

13.25 City Not Liable.

This Chapter shall not be construed as placing any liability on the City for damages to anyone injured or to any property damaged or destroyed as a result of the improper location of any building, or any defect in any building, or any defect in any equipment in any building.

13.255 Permit Fees.

[Ord. 6078, 3/1/1994; Ord. 6362, 2/3/1998; Ord. O-2003-0048, 7/1/2003; O-2004-0048, 12/7/2004; Ord. O-2004-0049, 12/7/2004; Ord. O-2005-0023, 6/7/2005; Ord. O-2007-0048 (repeal and recreate), 12/18/2007; Ord. O-2010-0010, 4/6/2010; Ord. O-2016-0038, 8/2/2016; Ord. O-2016-0058, 12/6/2016]
Before receiving a permit as required in this chapter, the owner or agent for the owner shall pay a fee as specified hereafter. Fees shall be assessed in accordance with the provisions of this section. For the purposes of this fee schedule, "residential" shall mean one- and two-family dwellings and their accessory structures only, and "commercial" shall mean all other types of construction, including multifamily buildings of three (3) or more units, and their accessory structures.
(1) 
Minimum Fees and Calculations.
(a) 
Minimum Permit Fee.
1. 
Residential; unless otherwise stated in this fee schedule: $60.
2. 
Commercial; unless otherwise stated in this fee schedule: $75.
(b) 
Fees are determined by using the construction value or the area calculation, whichever is applicable. When fees for either method are provided below, the more reasonable fee will be determined by the Plan Reviewer or Building Inspector. Fees may also be determined by averaging a fee found by the area calculation and the fee found by the construction value when deemed appropriate by the Plan Reviewer or Building Inspector.
(c) 
All fees in this fee schedule shall be rounded up to the nearest full dollar amount.
(d) 
Fees may be waived or modified for City-owned properties or when work is performed by City employees.
(e) 
The Director may waive, modify or alter any permit fee as deemed appropriate to reflect actual scope of work and impact on the Department.
(2) 
Buildings and Structures.
(a) 
Residential:
1. 
New construction: $0.35 per square foot.
2. 
Additions: $0.35 per square foot.
3. 
Alterations: $0.28 per square foot or $12 per $1,000 of construction value if area cannot be calculated.
4. 
Manufactured homes: $150 each.
(b) 
Commercial:
1. 
New construction; office, retail, and similar: $0.35 per square foot.
2. 
New construction; multifamily, condominiums, and similar: $0.40 per square foot.
3. 
New construction; warehouses, parking ramps, manufacturing: $0.30 per square foot.
4. 
Alterations: $0.28 per square foot or $12 per $1,000 of construction value if area cannot be calculated.
(c) 
Accessory buildings and structures:
1. 
Residential: $0.30 per square foot; $200 minimum.
2. 
Residential slab only: $100 per slab.
3. 
Manufactured home roof coverings: $40 per structure.
4. 
Commercial: $0.30 per square foot; $250 minimum.
(d) 
Pools:
1. 
Residential: $100 each.
2. 
Commercial: $250 each.
(e) 
Decks:
1. 
Residential:
a. 
100 square feet or less: $75 each.
b. 
More than 100 square feet: $150 each.
2. 
Commercial:
a. 
100 square feet or less: $125 each.
b. 
More than 100 square feet: $200 each.
(f) 
Soil erosion control measures:
1. 
Residential: $150 per lot.
2. 
Commercial: $300 per lot plus $5 per 1,000 square feet disturbed area; $2,000 maximum.
(g) 
Restoration or repair (fire, flood, vehicular or similar damage) with no alterations:
1. 
Residential: $12 per 1,000 of construction value; $100 minimum; $500 maximum.
2. 
Commercial: $12 per 1,000 of construction value; $150 minimum; $5,000 maximum.
(h) 
Demolition:
1. 
Residential:
a. 
Interior only: $50 each.
b. 
Entire building: $250 per structure; $2,000 bond or cash deposit required per RMC 13.22(8)(a).
c. 
Accessory building, structure or pool: $50 per structure.
2. 
Commercial:
a. 
Interior only: $100 each.
b. 
Entire building: $200 per structure plus $0.10 per square foot; $2,000 maximum; $10,000 bond or cash deposit required per RMC 13.22(8)(a).
c. 
Accessory building, structure or pool: $50 each.
(i) 
Commercial parking lot repaving:
1. 
10,000 square feet or less: $100 per lot.
2. 
More than 10,000 square feet per $250 per lot.
(j) 
Commercial reroofing or re-siding: $12 per $1,000 of construction value; $500 maximum.
(k) 
Conversion of existing building to a one- or two-family dwelling with no other work: $150.
(l) 
Temporary buildings, trailers, structures (6 months or less): $150 per structure.
(m) 
Footings and foundations early start permit:
1. 
Residential: $200.
2. 
Commercial: $250.
(3) 
Mechanical:
(a) 
New or replacement of HVAC units:
1. 
Residential. New or replacement heating and cooling appliances (furnaces, boilers, unit heaters, fireplaces, wood-burning stoves, pellet-burning appliances, air conditioners, or similar): $50 per unit.
2. 
Commercial:
a. 
New or replacement heating appliances (furnaces, boilers, unit heaters, fireplaces, air handlers, heat pumps, and similar):
(i) 
200,000 btu input or less: $75 per unit.
(ii) 
More than 200,000 btu input: $150 per unit.
b. 
New or replacement cooling appliances (air conditioners, chillers, and similar):
(i) 
5-ton cooling or less: $75 per unit.
(ii) 
More than 5-ton cooling: $150 per unit.
c. 
Combination heating and cooling units: $150 per unit.
d. 
Permit fee may include minor ductwork associated with connecting a replacement unit to an existing duct system, or other minor ductwork at the discretion of the Building Inspector.
(b) 
Distribution systems:
1. 
Residential: $2 per 100 square feet of conditioned space; $50 minimum.
2. 
Commercial: $2 per 100 square feet of conditioned space; $100 minimum.
(c) 
Commercial exhaust systems:
1. 
Kitchen hood exhaust system: $175 per hood; includes make-up air unit.
2. 
Vehicle repair or storage exhaust system: $150 per exhaust fan; includes make-up air unit.
3. 
Spray booth or paint mix room exhaust system: $100 per booth or room.
4. 
Other industrial exhaust system: $150 per unit.
(4) 
Plan review:
(a) 
Residential:
1. 
New dwelling: $500 per dwelling; includes DSPS Permit Seal.
2. 
New manufactured home in manufactured home park: $150 per unit.
3. 
Additions:
a. 
150 square feet or less: $50.
b. 
More than 150 square feet to 400 square feet: $100.
c. 
More than 400 square feet: $150.
4. 
Alterations or Repairs:
a. 
400 square feet or less: $50.
b. 
More than 400 square feet to 1,000 square feet: $100.
c. 
More than 1,000 square feet: $150.
5. 
Decks: $50.
6. 
Revisions to previously approved plans: $50.
7. 
Footings and foundations early start review: $100.
(b) 
Commercial:
1. 
New construction, additions and alterations; including accessory buildings:
a. 
Minor plan review as determined by Building Inspector or Plan Reviewer: $50.
b. 
2,500 square feet or less: $100.
c. 
More than 2,500 square feet to 5,000 square feet: $200.
d. 
More than 5,000 square feet to 10,000 square feet: $500.
e. 
More than 10,000 square feet to 20,000 square feet: $700.
f. 
More than 20,000 square feet to 30,000 square feet: $1,100.
g. 
More than 30,000 square feet to 40,000 square feet: $1,400.
h. 
More than 40,000 square feet to 50,000 square feet: $1,900.
i. 
More than 50,000 square feet to 75,000 square feet: $2,600.
j. 
More than 75,000 square feet to 100,000 square feet: $3,300.
k. 
More than 100,000 square feet to 200,000 square feet: $5,400.
l. 
More than 200,000 square feet to 300,000 square feet: $9,500.
m. 
More than 300,000 square feet to 400,000 square feet: $14,000.
n. 
More than 400,000 square feet to 500,000 square feet: $16,700.
o. 
More than 500,000 square feet: $18,000.
2. 
Mechanical:
a. 
Minor plan review as determined by Building Inspector or Plan Reviewer: $50.
b. 
2,500 square feet or less: $100.
c. 
More than 2,500 square feet to 5,000 square feet: $200.
d. 
More than 5,000 square feet to ten thousand (10,000) square feet: $300.
e. 
More than 10,000 square feet to 20,000 square feet: $400.
f. 
More than 20,000 square feet to 30,000 square feet: $500.
g. 
More than 30,000 square feet to 40,000 square feet: $800.
h. 
More than 40,000 square feet to 50,000 square feet: $1,100.
i. 
More than 50,000 square feet to 75,000 square feet: $1,400.
j. 
More than 75,000 square feet to 100,000 square feet: $2,000.
k. 
More than 100,000 square feet to 200,000 square feet: $2,600.
l. 
More than 200,000 square feet to 300,000 square feet: $6,100.
m. 
More than 300,000 square feet to 400,000 square feet: $8,800.
n. 
More than 400,000 square feet to 500,000 square feet: $10,800.
o. 
More than 500,000 square feet: $12,100.
3. 
Decks: $50.
4. 
Revisions to an approved plan:
a. 
Minor revisions: $75.
b. 
Major revisions: $150.
5. 
Lighting plans:
a. 
10,000 square feet of lit area or less: $75.
b. 
More than 10,000 square feet of lit area to 50,000 square feet of lit area: $150.
c. 
More than 50,000 square feet of lit area to 100,000 square feet of lit area: $300.
d. 
More than 100,000 square feet of lit area: $500.
6. 
Footings and foundations early start review:
a. 
10,000 square feet or less: $100.
b. 
More than 10,000 square feet: $250.
(c) 
Priority plan review: three times standard plan review fee; $500 minimum.
(d) 
Resubmittal of rejected plan review: One-half of standard plan review fee.
(e) 
Plan exam code consultant fee:
1. 
Residential: $75 per hour or portion of an hour; $100 minimum.
2. 
Commercial: $100 per hour or portion of an hour; $150 minimum.
(f) 
Plan Reviewer or Building Inspector may waive or reduce any plan review fee at their discretion.
(g) 
State Building Code petition for variance review: $250 if reviewed by West Allis; $100 to comment on state-reviewed petition.
(5) 
Occupancy:
(a) 
Residential units:
1. 
One- or two-family: $50 per living unit.
2. 
Multifamily, condominium, hotel, apartments, and similar: $15 per unit.
3. 
Occupancy or change of owner/tenant of manufactured home: $35.
4. 
Temporary occupancy: $100 per building.
5. 
Home business occupancy permit: $50.
(b) 
Business occupancy:
1. 
New or alteration to existing business.
a. 
1,000 square feet or less: $150.
b. 
More than 1,000 square feet to 2,500 square feet: $250.
c. 
More than 2,500 square feet to 10,000 square feet: $400.
d. 
More than 10,000 square feet: $600.
2. 
Amendment to existing occupancy permit (no inspection): $75.
3. 
Replacement of business occupancy certificate: $20.
4. 
Conditional occupancy permit: $100.
5. 
Extension of conditional occupancy permit: $50 per extension.
6. 
Occupying business without permit: triple permit fee.
7. 
Temporary occupancy permit: $100.
8. 
Cancellation of a business occupancy more than 24 hours prior to the scheduled inspection appointment: fees in excess of $50 may be refunded.
(6) 
Signs:
(a) 
Permanent wall or monument signs:
1. 
50 square feet or less: $50.
2. 
More than 50 square feet to 100 square feet: $100.
3. 
More than 100 square feet to 200 square feet: $150.
4. 
More than 200 square feet: $200.
(b) 
Canopies or awnings: $75 per canopy or awning; $225 maximum per building.
(c) 
Temporary sign: $50.
(d) 
Sandwich board sign: $100 annual fee.
(e) 
Annual maintenance inspection fee.
1. 
Signs, canopies, awnings or similar projecting into City right-of-way: $50 per year.
2. 
Billboards: $80 per year.
3. 
Late maintenance inspection payments: triple permit fee.
(7) 
Special or additional fees and charges:
(a) 
After hours inspections: $200 per inspector per hour.
(b) 
Reinspection fee: $100 per inspection.
(c) 
Failure to call for inspection: $100 per inspection first offense; $250 per inspection second or more offense.
(d) 
Work started prior to permit issuance: three times permit fee; $300 minimum.
(e) 
Inspection of work prior to issuance of permit: $200 per inspector.
(f) 
Written report for building or zoning inquiry:
1. 
Residentially zoned parcel: $100 per parcel.
2. 
Commercially zoned parcel: $200 per parcel.
(g) 
Replacement inspection record card: $10 per card.
(h) 
Address frames and numbers:
1. 
Frame with numbers: $10 per set.
2. 
Numbers only: $2 per number.
3. 
Frame only: $5 per frame.
(i) 
Moving building across public way: $500 per structure.
(j) 
Board of Appeals variance request: $150.
(k) 
Permit refund:
1. 
Work not started: fees in excess of $150 or half of permit fee, whichever is greater.
2. 
Work started: refund amount will be determined by Director based on amount of work done by staff, and inspections performed.
(l) 
Posting property:
1. 
Nuisance abandoned building posting: $317 per parcel.
2. 
All other postings: $200 per parcel.

13.26 Violation and Penalties.

(1) 
Violation. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, demolish, convert, equip, use or occupy or maintain any building or structure in the City contrary to or in violation of any provision of this chapter, or to cause, permit or support the same to be done.
(2) 
Penalties. Any person, firm or corporation that shall violate any of the provisions of this Chapter shall forfeit not less than twenty-five dollars ($25.) nor more than five hundred dollars ($500.) for each violation, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be confined in the Milwaukee County House of Correction until such forfeiture and costs are paid, for not more than ninety (90) days. Each and every day during which any such violation continues shall constitute a separate violation.
[Ord. O-2014-0004, 2/4/2014]
(3) 
Injunctive Action. In addition to the penalties provided in subsection (2), appropriate legal or equitable action may be commenced to enjoin any person, firm or corporation from violating any of the sections of this Chapter.

13.28 Property Maintenance Code.

[Ord. 6311, 5/6/1997; Ord. 6579, 7/2/2001; Ord. O-2003-0076, 12/2/2003]
(1) 
Title. Section 13.28 shall be known and cited as the Property Maintenance Code of the City of West Allis (hereinafter Code).
(2) 
Legislative Intent.
(a) 
Purpose. It is hereby declared that in order to arrest or prevent the deterioration of properties which can spread to surrounding properties and result in the depreciation of property values, and in order to protect the environment and preserve the aesthetic character of neighborhoods and the health, safety and welfare of the public, the City of West Allis adopts this Code.
(b) 
Scope. The provisions of this Code shall apply to all buildings in the City, including the premises on which they are located, together with all accessory buildings or structures, except as otherwise provided.
[Ord. O-2016-0038, 8/2/2016]
(3) 
Definitions. Where terms are not defined in this section and are defined in those Building, Zoning, Health and Fire Department Codes presently in force in the City, they shall have the meaning ascribed to them as in such codes. When terms are not defined under the provisions of this or any other City code, they shall have ascribed to them their ordinary accepted meanings or such as the context herein may imply.
(a) 
"City" shall mean the City of West Allis.
(b) 
Meaning of certain words. Whenever the words "building" or "premises" are used in this section, they shall be construed as though they were followed by the phrase "or any part thereof."
(4) 
Inspection of Premises.
(a) 
The Director of the Department of Building Inspections and Zoning is authorized to assign persons to administer this Code and directed to make inspections to determine the conditionof buildings and premises in the City, as regulated by the Code.
(b) 
Inspections shall be made only under the following circumstances:
1. 
When the Building Inspector finds that there are reasonable grounds to believe that there are violations of the provisions of this Code which affect the health, safety or welfare of the public or as directed by the Common Council or District Alderperson.
2. 
Upon a complaint in writing being made about the building or premises.
3. 
It shall be the responsibility of the Building Inspector, whenever possible, to coordinate his inspections with those of other City Departments so as to minimize inconvenience to tenants and owners of properties.
(c) 
In the event that the Building Inspector is denied voluntary access during a reasonable hour to any premises covered by this Code for the purpose of determining conditions that may be adverse to public health, safety and welfare, he may order an inspection in writing or secure a warrant under the terms of sec. 66.0119 of the Wisconsin Statutes.
(d) 
Every occupant of a building shall give the owner or his agent access to the unit or premises at all reasonable times for the purposes of making such repairs as might be necessary to gain compliance with any provisions of this Code.
(5) 
Service of Notices and Orders.
(a) 
Violations of this Code, as determined by the Building Inspector, shall be outlined in written form and shall be served upon all affected occupants or owners or their agents. Such notice and order shall be served by the Building Inspector, or by such employee of the City designated by him, or by mail to the last known address of the person to be notified.
(b) 
Such notices and orders shall include:
1. 
An adequate description of the real estate so affected.
2. 
A statement of the alleged violation, including the corresponding reference to the Code requirement.
3. 
An order for remedial action to correct such violation.
4. 
A reasonable time for compliance to the Code requirements.
(c) 
The time period for compliance may be extended only at the discretion of the Building Inspector who shall base his decision on the seriousness of the problem and the time required to remedy it.
(6) 
Emergency Orders. If the Building Inspector determines that a building or premises is in such condition that it constitutes a public nuisance or that there is great and immediate danger to public health, safety and welfare; or, that the building is unsanitary or unfit for human habitation, occupancy or use, he may post a notice on the premises to that effect, in accordance with the terms of sec. 66.0413 of the Wisconsin Statutes, in the same manner as described therein. In addition to posting such property as unfit, unsafe and/or unsanitary, he shall order the building or that portion of it so affected to be vacated in the manner prescribed by the applicable provisions of sec. 66.0413 of the Wisconsin Statutes. No person shall remove or deface any placard placed by the Building Inspector on any building which has been declared unfit or unsafe for human habitation or use.
(7) 
Maintenance, Workmanship, Codes Referenced.
(a) 
Maintenance. Buildings and Structures, and parts thereof, shall be maintained in a safe and sanitary condition in accordance with Section 13.01(6).
(b) 
Workmanship. Installations, alterations, repairs and maintenance work shall be in accordance with Section 13.06(7).
(c) 
Codes Referenced. The Health and Sanitation Codes as in Chapter 7, the Zoning Codes as in Chapter 12, the Building and Heating/Ventilation Codes as in Chapter 13, the Electrical Codes as in Chapter 14, and the Plumbing Codes as in Chapter 14 of the City of West Allis Revised Municipal Code are hereby incorporated into this Code.
(8) 
Responsibility of Property Owner and Tenant.
(a) 
Owner Responsibility. Property owners shall maintain their properties in a clean, safe, and sanitary condition to include, but not limited to; buildings, structures, and lot maintenance in accordance with this Code.
(b) 
Tenant Responsibilities. All tenants, occupants, renters or similar users of properties shall maintain their property use areas, to include their personal property located thereon, in accordance with this Code and in a clean, safe and sanitary condition and shall notify the property owner of any unsafe or unsanitary condition found in a building, structure or common area on the subject property.
(c) 
All other requirements of this code are the joint responsibility of the owner and occupant(s).
(d) 
Extermination of Pests; Responsibilities. Whenever insect or rodent infestation occurs in a single unit of the building, the occupant(s) of such unit shall be responsible for the extermination. Whenever insect or rodent infestation occurs in more than one (1) unit in a building or in shared or common areas of a building containing two (2) or more units, the owner of the building shall be responsible for the extermination.
(9) 
Minimum Standards for Buildings and Structures. All buildings and structures and appurtenances shall be maintained in good repair as to prevent deterioration and infestation by rodents and insects. The exterior of all buildings and structures shall be maintained and not permitted to be a blighting influence to the surrounding properties, the neighborhood or the City in general.
(a) 
Roofs, Walls, Foundations, Floors, Etc.
1. 
All roofs, walls (including siding), and/or floor systems shall be weathertight and rodentproof, capable of affording privacy and maintained in good repair.
2. 
Exterior surfaces, to include, but not limited to, roofs, walls, siding, flooring and appurtenances to include, but not limited to, eaves, soffits, chimneys, porches, decks, guardrails and handrails, shall be weathertight and painted or provided with a comparable finish in order to prevent deterioration, exclude insects and rodents and preserve the visual aesthetic character of the neighborhood.
3. 
Chipping, flaking or peeling paint on any exterior surface is prohibited.
(b) 
Windows, Doors and Other Openings.
1. 
All windows and doors, to include storms and screens to windows and doors, and all other openings shall be weathertight, rodent- and insect-resistant and maintained in good repair.
2. 
Exterior openings, to include but not limited to, windows, doors, storms, etc., shall be painted or provided with comparable finish in order to prevent deterioration and preserve the visual aesthetic character of the neighborhood.
(c) 
Porches, Decks, Stoops, Stairs, Etc.
1. 
Every porch, deck, stoop, and all appurtenances thereto, to include, but not limited to, guardrails, handrails and steps shall be maintained in good repair.
2. 
Stairways shall be maintained with uniform risers and proper guardrails and handrails.
(d) 
Gutters, Downspouts and Extensions.
1. 
Habitable buildings of one- and two-family properties shall have gutters and downspouts with extensions to carry stormwaters away from such buildings.
2. 
All buildings on commercial properties are to direct downspouts and extensions directly into on-site storm systems, when available, or surfaced drained away from buildings in accordance with the Plumbing Code.
3. 
Gutters, downspouts, extensions and parts thereof shall be maintained in good repair and in working order.
(e) 
Accessory Buildings and Structures.
[Ord. O-2016-0038, 8/2/2016]
1. 
Every accessory building or structure shall be maintained as stated in Subsections (a) through (d).
2. 
Accessory structures shall be maintained in accordance with Chapter 12 and Section 13.23 of this Code.
3. 
Accessory buildings and structures shall have weather-tight, secure and properly operating overhead, service and other access doors.
(f) 
Infill of Exterior Openings and Other Exterior Building Changes.
1. 
Infill of openings, such as windows, and other exterior changes to any building or structure shall be made with the use of approved materials.
2. 
For multi-family, commercial, manufacturing, institutional and two-family (original construction after February 15, 2000), changes to exterior openings and other exterior building changes shall be approved in accordance with section 12.13, Architectural and Site Plan Review and Procedures. Building permits are required for exterior changes.
(g) 
Corrosion of Metal.
1. 
All ferrous (metal) equipment, trim, metal parts or other shall be protected and maintained free of rust or corrosion.
2. 
Rusted/corroded metal equipment, trim or metal parts are not permitted.
(h) 
Address of Property To Be Posted.
1. 
The assigned address of each property shall be posted in a conspicuous place on the front of each main building so as to be easily seen and read from the public street.
2. 
Each property abutting an alley shall post the assigned address as to be readily visible from the alley.
(i) 
Building Permits Required. Building permits for additions, alterations, structural changes and repairs are required in accordance with section 13.05.
(10) 
Outdoor Areas to be Maintained. Outdoor areas shall be maintained in a clean and sanitary condition and shall not be permitted to be a blighting influence to the surrounding properties, the neighborhood or the City in general.
(a) 
Vacant Lots. The provisions of this Code, to the extent practical, shall also apply to vacant lots.
(b) 
Lawn Areas.
1. 
Grass shall not exceed six (6) inches in height. If the owner, occupant or person in charge of the property fails or refuses to maintain the grass as provided in this subsection, the Director of Public Works or his designated agent, after giving five (5) days" written notice to the owner, occupant or person in charge of the property, is authorized to perform the required maintenance. The cost of such maintenance shall be charged against the owner of the property as provided in sec. 66.0627 and 66.0703 of the Wisconsin Statutes.
[Ord. O-2012-0022, 7/3/2012]
2. 
Noxious weeds are not permitted and shall be destroyed, as provided in sec. 66.0407 of the Wisconsin Statutes.
3. 
Lawn areas shall be graded properly to allow for maintenance. Unimproved lawn areas shall not be allowed to erode dust, soil, dirt or mud from the property onto adjacent private or public properties.
(c) 
Public Property Abutting Private Property. The public areas between the property line and the paved street shall be maintained by the abutting property owner in accordance with Section 11.13.
(d) 
Sidewalks, Driveways and Other Improvements.
1. 
Sidewalks, walks, driveways, open parking areas, retaining walls and other concrete, asphalt, brick, gravel, stone or similar areas shall be maintained in sound condition and in good repair.
2. 
Property conditions resulting in dust, dirt, loose stones or other aggregate being deposited on public property is prohibited.
(e) 
Trees and Debris.
1. 
Properties shall be kept free of diseased or fallen trees, branches or bushes.
2. 
Trees shall not be allowed to grow near the foundations of buildings and structures so as to damage the building or structure.
(f) 
Fences. Every fence shall be maintained in a state of good repair.
(g) 
Drainage of Premises.
1. 
Every premises shall be properly drained as to prevent stagnant water from accumulating thereon.
2. 
Discharge of stormwater from sump pumps, gutter extensions and surface drainage shall be directed to drain away from habitable buildings and shall not cause a nuisance to the public streets, alleys or sidewalks.
(h) 
Refuse Storage.
1. 
See Section 7.05 for specific refuse requirements.
2. 
Refuse containers shall have tight-fitting covers, be maintained in good repair and shall be rodent- and water-proof.
3. 
Refuse and rubbish shall be stored within proper containers excepting as permitted for recyclables and bulk refuse.
4. 
Refuse containers shall not be stored in the front yard.
(i) 
One- and Two-Family Off-Street Parking Areas.
1. 
Off-street parking areas, including driveway access areas, shall be maintained in accordance with the Code in effect at the establishment of a parking area. Expanded parking areas shall conform with the Code in effect at the time of the expansion.
2. 
Parking shall not be permitted on lawn areas except that parking on lawn areas or otherwise in violation of the provisions of the off-street parking regulations of the Revised Municipal Code during the Wisconsin State Fair is allowed within the area bounded by the north City limits, South 92nd Street, South 70th Street and West National Avenue. This exception shall not apply to trailers, wagons, or other vehicles that are used to transport livestock.
[Ord. O-2010-0021, 6/1/2010]
3. 
Parking surfaces legally established as unimproved prior to February 26, 1956, and all other parking surfaces shall not be allowed to erode or otherwise deposit gravel or aggregate materials on adjacent private or public property.
4. 
Parking areas shall be maintained to support the weight of vehicles using the area.
(j) 
Multifamily and Commercial Off-Street Parking Areas.
1. 
Off-street parking areas, including drive access for other than one- and two-family properties, shall be maintained in accordance with the Zoning Code.
2. 
Parking shall not be permitted on unimproved parking or lawn areas except that parking on such areas or parking in violation of other off-street parking regulations of the Revised Municipal Code during the Wisconsin State Fair is permitted within the area bounded by the north City limits, South 92nd Street, South 70th Street and West National Avenue. This exception shall not apply to trailers, wagons, or other vehicles used to transport livestock. The parking of such livestock transportation vehicles is permitted throughout the City but only upon application to the Building Inspector and the granting of a permit to be valid only during the Wisconsin State Fair, with such terms and conditions necessary to eliminate odor, flies, blowing straw and such other negative impacts upon the surrounding area.
[Ord. O-2010-0021, 6/1/2010]
3. 
Parking areas shall be maintained to support the weight of vehicles using the area.
4. 
Parking areas shall not be allowed to erode or otherwise allow dust, dirt, loose stones or aggregate to be deposited onto adjacent public and private properties.
5. 
All off-street parking areas shall be improved and maintained in accordance with an approved site and landscaping plan approved by the Plan Commission in accordance with the Zoning Code. If there is not an approved plan, the area shall be maintained in accordance with Section 12.19, Off-Street Parking and Loading Regulations.
(k) 
Outside Storage of Materials.
1. 
All outdoor premises shall be kept free and clear of and shall not be used for the outdoor storage of materials, to include, but not limited to, lumber, metal scraps, motor vehicle parts, abandoned vehicles, discarded or nonfunctional household appliances or accessories, furniture and other articles which from its worn condition renders it practically useless for the purpose for which it was made. Private possessions stored inside a building, the outdoor storage of building materials while permitted construction or alterations are taking place on the site, recreational equipment useable and in good repair and all yard obstructions permitted by the Zoning Code are not applicable to this subsection.
2. 
Outdoor storage of firewood shall be neatly stored in the rear yard of the property. The firewood must be cut to lengths of four (4) feet or less and measure less than two (2) feet in diameter. Outdoor storage of firewood shall not exceed four (4) cords. Firewood storage shall not include any chemically treated or painted wood.
3. 
Commercial properties may also have materials stored outdoors consistent with the Zoning Code and the permitted use of the property.
4. 
Use of industrial buckets or containers, whether the buckets or containers are used for the manufactured purpose or an alternate use, shall be limited to twenty-five (25) industrial buckets or containers per parcel. This prohibition pertains to residential properties consisting of four-unit multifamily dwellings and smaller.
[Ord. O-2016-0034, 9/6/2016]
(l) 
Abandoned Vehicle Parking Not Permitted on Private Property.
1. 
As cited in Section 6.015, an abandoned vehicle is the parking or storage of any private passenger vehicle, truck, boat, camper, snowmobile, recreational vehicle, mobile home, trailer or any similar vehicle on an unpaved surface. The parking of a vehicle on lawn or on an unimproved surface is prohibited.
2. 
Parking of vehicles on private property shall be in accordance with the Zoning Code.
3. 
Abandoned vehicles defined in Section 6.015 as partially dismantled, nonoperable, unlicensed or unregistered, wrecked or junked are prohibited on private properties. Procedures for processing abandoned vehicles are as set forth in Section 6.015.
(11) 
Major Repairs — Demolition Ordered.
(a) 
The Building Inspector may order the owner of premises upon which is located any building or part thereof which, in his judgment, is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, 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.
(b) 
Major Alterations and/or Repairs. If alterations and/or repairs in excess of fifty percent (50%) of the value of an existing building or structure are made to any existing building or structure within any period of twelve (12) months, the entire building or structure shall be made to conform with the requirements given herein for new construction; provided, however, that any existing building or structure which, for any reason, requires repairs at any one time in excess of fifty percent (50%) of the value thereof, not deducting from such value any loss caused by fire or any other reason, shall be made to conform to the requirements of this Code for new buildings or structures or shall be entirely demolished. "Value" shall mean the full assessed value as determined by the last value placed upon the building as published by the City at the adoption of the assessment role.
(12) 
Failure to Comply with Order. The Director of Building Inspections and Zoning and his designees are authorized to issue citations to enforce the provisions of this Code or may refer the matter to the City Attorney to commence legal action to effectuate the purpose of this Code.[1]
[1]
Editor’s Note: Former Subsection (13), Penalties for Violations, which immediately followed this subsection, was repealed 2/4/2014 by Ord. O-2014-0002. For current penalty provisions, see Section 13.26. Former Subsection (14), Property Maintenance Code Appeals Board, as amended, was repealed 8/2/2016 by Ord. O-2016-0037.

13.29 Severability.

It is the intention of the City that each separate provision of this Chapter shall be deemed independent of all other provisions herein, and it is further the intention of the City that if any provisions of this Chapter are declared invalid by a court of competent jurisdiction, the remaining provisions thereof shall remain valid and enforceable.

13.30 Obstructions.

(1) 
Definitions.
(a) 
"Alley" means every street, thirty (30) feet or less in width, intended to provide access to the rear of property fronting upon another street and not for the use of through vehicular traffic.
(b) 
"Driveway" means a private street giving access for motor vehicles from the public street to an abutting property.
(c) 
"Obstruction" means fences, walls, signs, hedges, trees, rocks or other natural or constructed materials or substances, supported or unsupported earth, but shall not include buildings, or trees when the lowest branches of such trees are not less than seven (7) feet.
(d) 
"Street" means all public ways and includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel, but not including alleys.
(2) 
Purpose. Obstructions on private property, which substantially impair or interfere with the visibility of pedestrian or vehicular movement on and along public streets and alleys, create an unreasonable risk of death, personal injury and/or property damage and otherwise interfere with the unobstructed and safe use of the public right of way, so that it is necessary to enact these regulations for the protection of the public health, safety and general welfare.
(3) 
Regulation. No person, firm or corporation shall erect, install, construct or maintain any obstruction on private property, contrary to the provisions of this section.
(4) 
Obstructions Prohibited.
(a) 
Streets and alleys. Obstructions adjacent to two (2) intersecting streets, a street intersecting an alley or an alley intersecting an alley. No obstruction shall be permitted higher than three (3) feet above the curb or alley grade within the triangular area formed by:
1. 
The point at the intersection of the street or alley right-of-way lines; and,
2. 
The points on the street or alley right-of-way lines twenty (20) feet from the intersection point.
(b) 
Driveways. Obstructions adjacent to driveways serving multiple family, commercial, manufacturing and industrial uses and intersecting any street or alley. No obstructions shall be permitted higher than three (3) feet above the curb or alley grade within the triangular area formed by:
1. 
The point at the intersection of the driveway with the street or alley right-of-way line; and,
2. 
A point on the edge of the driveway and ten (10) feet, measured perpendicular, into the lot from the intersection point; and,
3. 
A point on the street or alley right-of-way lines ten (10) feet from the intersection point.
(5) 
Exceptions. The Common Council, Plan Commission, Board of Public Works, or the Board of Appeals may approve obstructions not permitted by this section.
[Ord. O-2003-0052, 8/5/2003]

13.31 Fence Regulations.

(1) 
No person, firm or corporation shall erect, construct, reconstruct, maintain, alter, move or enlarge any fence within the City that is not in compliance with this code.
[Ord. 6389, 6/2/1998; Ord. O-2015-0045, 9/15/2015]
(2) 
Fence Location and Height Requirements.
[Ord. 6389, 6/2/1998; Ord. O-2015-0045, 9/15/2015]
(a) 
One- and two-family uses. Fences are permitted in yards as follows:
1. 
Front yards. Fences are not permitted in required front yard setbacks as determined by the Zoning Code, Chapter 12.
2. 
Side and rear yards. Fences are permitted, not to exceed six (6) feet in height, in the side and rear yards.
3. 
Corner lots. The shorter dimension of a corner lot abutting a street shall be considered the front yard and shall not be permitted to have a fence in the required front yard setback regardless of the property address or other designation of the lot. The longer dimension of a corner lot abutting a street shall be considered a side yard and fences shall be allowed, not to exceed six (6) feet in height.
4. 
Through lots. Fences shall be permitted in rear and side yards of through lots, not to exceed six (6) feet in height, as determined by the setbacks set when the dwelling was constructed.
(b) 
Uses other than one- and two-family uses. Fences are permitted as approved in RMC 12.13 for site changes.
(c) 
Fence height shall be determined by the distance from the top of the fence materials, excluding posts, to the grade on either side of the fence, whichever is greater.
(3) 
Fence Construction Requirements.
[Ord. O-2015-0045, 9/15/2015]
(a) 
Fence materials. Fences may be constructed of approved materials, such as commercial fence materials, concrete block or treated lumber, but may not include sheet metal, salvage materials or be electrified. Fence posts and supporting framework shall be on the interior side of the fence. A fence constructed of a single-strand wire or wires forming a single horizontal member is prohibited.
(b) 
Maintenance. All fences shall be kept in good repair and maintained as necessary to protect the general welfare and preserve the aesthetic character of the neighborhood and the community.
(4) 
Safety Hazards. No portion of any fence shall be so located as to impair or interfere with the visibility of pedestrians or vehicular movement, as provided in Sec. 13.30 of this Chapter.
(5) 
Exceptions.
(a) 
This section does not apply to fences in existence prior to July 1, 1988. Fences that do not conform to this section and in existence prior to this date shall not be altered or enlarged unless made to conform with this section.
(b) 
The Common Council, Plan Commission or Board of Appeals may approve fences that differ or exceed the location, height and construction, requirements of this section, in accordance with Sections 12.13, 12.15 and 12.16 of this Code.
[Ord. 6389, 6/2/1998]

13.32 Erosion Control.

(1)
Authority
(2)
Findings and Purpose
(3)
Definitions
(4)
Applicability
(5)
Design Criteria, Standards and Specifications for Control Measures
(6)
Maintenance of Control Measures
(7)
Control of Erosion and Pollutants During Land Disturbance and Land Development
(8)
Permit Application
(9)
Review of Control Plan
(10)
Permits, Surety Bond and Permit Conditions
(11)
Inspection
(12)
Enforcement
(13)
Appeals
(1) 
Authority. This section is adopted under the authority granted in sec. 62.234 of the Wisconsin Statutes.
(2) 
Findings and Purpose.
(a) 
Findings. The City of West Allis finds runoff from construction sites and vacant lands without vegetative cover carries a significant amount of sediment and other pollutants to the waters of this City and the State of Wisconsin.
(b) 
Purpose. It is the purpose of this section to preserve the natural resources; to protect the quality of the waters of the City, county and state; and, to protect and promote the health, safety and welfare of the people; to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites and vacant lands to wetlands, streams and lakes.
(3) 
Definitions. Whenever a term hereinafter defined appears in the text of this section, its meaning shall be construed as set forth in the definition thereof:
(a) 
"Agricultural land use" means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.
(b) 
"Commercial land use" means use of land for the retail or wholesale sale of goods or services or for the manufacture of materials or goods considered to be an industrial use.
(c) 
"Construction site control measure" means a control measure used to meet the requirements of sec. 13.32(7)(e).
(d) 
"Control measure" means a practice or combination of practices to control erosion and attendant pollution.
(e) 
"Control plan" means a written description of the number, locations, sizes and other pertinent information of control measures designed to meet the requirements of this section, submitted by the applicant for review and approval by the Building Inspector.
(f) 
"Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.
(g) 
"Land developing activity" means the construction of buildings, roads, parking lots, paved storage areas, utilities and similar facilities.
(h) 
"Land disturbing construction activity" means any man made change of the land surface including removing vegetation cover, excavating, filling and grading, but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and, landscaping modifications.
(i) 
"Landowner or owner" means any person holding title to or having a legally recorded interest in land.
(j) 
"Land user" means any person operating, leasing, renting or having a legally recorded interest in land.
(k) 
"Right-of-Way and Public Utility Easements" means public lands platted, dedicated or used for streets, alleys, county parkways, pedestrian ways and drainage channels and easements granted for drainage purposes, sewers, water mains and other underground or overhead public utilities.
(l) 
"Residential Land Use" means use of land for residential use, to include single family, duplex and multi-family uses.
(m) 
"Runoff" means the rainfall, snowmelt or irrigation water flowing over the ground surface.
(n) 
"Site" means the entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.
(4) 
Applicability. This section shall apply to land disturbing and land developing activities on lands located in the City. All State of Wisconsin public construction as defined in sec. 227.01(1) of the Wisconsin Statutes, is exempt from this section. Public works contracts and other work in public right-of-way or public utility easements for which permits are required to be issued by the Department of Public Works are exempt from the permit requirements of this section, but such activities shall conform to the requirements of this section.
(a) 
Application. This section applies to the following sites of land development or land disturbing activities:
1. 
Those requiring a subdivision plat approval or the construction of residential, commercial, industrial or institutional buildings on lots of approved subdivision plats.
2. 
Those requiring a certified survey approval or the construction of residential, commercial, industrial or institutional buildings on lots of approved certified surveys.
3. 
Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of four thousand (4,000) square feet or more.
4. 
Those involving excavation or filling or a combination of excavation and filling affecting four hundred (400) cubic yards or more of dirt, sand or other excavation or fill material.
5. 
Those involving street, highway, road, bridge or utility construction, enlargement, relocation or reconstruction and which are not exempted.
6. 
Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of three hundred (300) feet or more.
(5) 
Design Criteria, Standards and Specifications for Control Measures. All control measures required to comply with this section shall meet the design criteria, standards and specifications in the most current edition of the Wisconsin Department of Natural Resources publication Wisconsin Construction Site Best Management Practice Handbook.
(6) 
Maintenance of Control Measures. All sedimentation basins and other control measures necessary to meet the requirements of this section shall be maintained by the landowner and land user during the period of land disturbance and land development on the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. The maintenance provisions for control measures contained in the most current edition of the Wisconsin Department of Natural Resources publication Wisconsin Construction Site Best Management Practice Handbook shall be applicable.
(7) 
Control of Erosion and Pollutants During land Disturbance and Land Development. To control erosion and pollutants during land disturbance and land development, the following requirements shall be met on all applicable sites described in this section.
(a) 
Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upslope chambers, hydro-cyclones, swirl concentrators or other appropriate controls designed and used to remove particles of one hundred (100) microns or greater for the highest dewatering pumping rate. If the water discharged is demonstrated to have no particles greater than one hundred (100) microns during dewatering operations, then no control is needed before discharge, except as determined by the Building Inspector. Water may not be discharged in a manner that causes erosion of the site or receiving channels.
(b) 
Waste and material disposal. All waste and unused building materials including, but not limited to, garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.
(c) 
Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning, other than flushing, before the end of each workday.
(d) 
Drain inlet and manhole protection. All storm drain inlets, manholes and sanitary sewer manholes shall be protected with a straw bale, filter fabric or equivalent barrier meeting accepted design criteria, standards and specifications.
(e) 
Site erosion control. The following criteria (1. through 5.) apply only to land development or land disturbing activities that result in runoff leaving the site.
1. 
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in subparagraph 3.c. Sheetflow runoff from adjacent areas greater than ten thousand (10,000) square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff velocities of less than 0.5 ft./sec. across the disturbed area for a ten (10) year, twenty-four (24) hour design storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels.
2. 
All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
3. 
Runoff from the entire disturbed area on the site shall be controlled by meeting either subparagraphs a. and b. or a. and c.
a. 
All disturbed ground left inactive for seven (7) or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure.
b. 
For sites with more than ten (10) acres disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one percent (1%) of the area draining to the basin and at least three (3) feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three (3) feet. The basin shall be designed to trap sediment greater than fifteen (15) microns in size, based on a ten (10) year, twenty-four (24) hour design storm. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.
c. 
For sites with less than ten (10) acres disturbed at one time, filter fences, straw bales or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
4. 
Any soil or dirt storage piles containing more than ten (10) cubic yards of material should not be located with a downslope drainage length of less than twenty-five (25) feet to a roadway or drainage channel. If remaining for more than seven (7) days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven (7) days shall be controlled by placing straw bales or filter fence barriers around the piles. In-street utility repair or construction soil or dirt storage piles located closer than twenty-five (25) feet of a roadway or drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven (7) days, then the storm drain inlets must be protected with straw bale or other appropriate filtering barriers.
5. 
Sites having disturbed areas with slopes of twelve percent (12%) or more shall have permanent covers installed within seven (7) days of grading unless other approved alternate methods are used.
(8) 
Permit Application. No land owner or land user may commence a land disturbance or land development activity subject to this section without the owner or agent for the owner obtaining prior approval of a control plan for the site and a permit from the Building Inspector. An owner or his agent desiring to undertake a land disturbing or land developing activity subject to this section shall submit to the Building Inspector an application for a permit and a control plan and pay the application fee. By submitting the application, the applicant authorizes the Building Inspector to enter the site to obtain any information which may be reasonably required for review of the control plan.
(a) 
Activities Covering One Or More Acres. The control plan for land disturbing activities covering one (1) or more acres shall consist of:
1. 
Existing site map. A map of existing site conditions on a scale of at least one (1) inch equals one hundred (100) feet showing the site, and the following other information:
a. 
Site boundaries and adjacent lands which accurately identify site location.
b. 
Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site.
c. 
One hundred (100) year floodplains, flood fringes and floodways.
d. 
Location and description of predominant soil types.
e. 
Vegetative cover types.
f. 
Location and dimensions of stormwater drainage systems, storm sewers inlets and natural drainage patterns on and immediately adjacent to the site.
g. 
Locations and dimensions of utilities, structures, roads, highways, paved areas and other improvements on and immediately ajacent to the site.
h. 
Site topography at a contour interval not to exceed five (5) feet.
2. 
Plan of final site conditions. A plan of final site conditions, to the same scale as the existing site map, showing the site changes.
3. 
Site construction plan. A site construction plan including:
a. 
Locations and dimensions of all proposed land disturbing activities and temporary soil or dirt stockpiles.
b. 
Locations and dimensions of all temporary soil and dirt stockpiles.
c. 
Locations, dimensions and descriptions of all construction site management control measures necessary to meet the requirements of this section.
d. 
Schedule of anticipated starting and completion dates of each land disturbing or land developing activity including the installation of construction site control measures needed to meet the requirements of this section.
e. 
Provisions for maintenance of the construction site control measures during construction.
f. 
Estimated cost, including labor, to install control measures.
(b) 
Activities Covering Less Than One Acre. The control plan for land disturbing activities covering less than one (1) acre shall consist of:
1. 
An erosion control plan statement briefly describing the site and erosion controls that will be used to meet the requirements of the section.
2. 
A simple map indicating location(s) of control measures.
3. 
A site development schedule stating starting and completion date and installation of site control measures.
(9) 
Review of Control Plan. Upon receipt of the application, control plan or control plan statement and fee, the Building Inspector shall review the application and control plan to determine if the requirements of this section are met. The Building Inspector shall approve the plan, inform the applicant and issue a permit. If the application can not be approved, the Building Inspector shall inform the applicant in writing and may either require additional information or disapprove the plan. Within fifteen (15) days of receipt of the additional information, the Building Inspector shall again determine if the plan meets the requirements of this section. If the plan is disapproved, the Building Inspector shall inform the applicant in writing of the reasons for the disapproval.
(10) 
Permit, Surety Bond and Permit Conditions.
(a) 
Permit. The permit shall be valid for a period of one hundred eighty (180) days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The permit may be modified by the Building Inspector by written notice, if actual site conditions warrant such modification during the permit period. The Building Inspector may extend the permit one or more times for up to an additional one hundred eighty (180) days. The Building Inspector may require additional control measures as a condition of the extension, if they are necessary to meet the requirements of this section.
(b) 
Surety Bond. Where the estimated cost to install and maintain a control plan exceeds five thousand dollars ($5,000), the Building Inspector shall require the applicant as a condition of approval and issuance of the permit to deposit a surety bond, irrevocable letter of credit or other form of surety approved by the City Attorney to guarantee good faith execution of the approved control plan and any permit conditions, in an amount equal to one hundred twenty-five percent (125%) of the estimated cost to install and maintain approved control measures.
(c) 
Permit Conditions. All permits shall require the owner or owner's agent and/or the land user to:
1. 
Notify the Building Inspector within forty-eight (48) hours of commencing any land disturbing or land developing activity.
2. 
Install all control measures as identified in the approved control plan.
3. 
Notify the Building Inspector of completion of any control measures within fourteen (14) days after their installation.
4. 
Obtain permission in writing from the Building Inspector prior to modifying an approved control plan.
5. 
Maintain all roads, drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan.
6. 
Repair any situation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities.
7. 
Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs.
8. 
Allow the Building Inspector to enter the site for the purpose of inspecting compliance with the control plan or for the performing of any work necessary to bring the site into compliance with the control plan.
(11) 
Inspection. The Building Inspector shall inspect site development, building construction sites to ensure compliance with the control plan. If land disturbing or land development activities are being carried out without a permit, the Building Inspector shall enter the land pursuant to secs. 66.122 and 66.123 of the Wisconsin Statutes.
(12) 
Enforcement.
(a) 
Stop-Work Order. The Building Inspector may post a stop-work order if:
1. 
Any land disturbing or land developing activity regulated under this section is being undertaken without a permit.
2. 
The control plan is not being implemented in a good faith manner.
3. 
The conditions of the permit are not being met.
(b) 
Prohibited Activity. If the owner and/or land user does not immediately cease any prohibited activity upon notice from the Building Inspector, or comply with any control plan or permit conditions, the Building Inspector may revoke the permit and, if required, may initiate such legal or equitable action as may be necessary to prevent violation of this section.
(c) 
Compliance with the provision of this section may also be abated as a nuisance in accordance with Sec. 823.01 of the Wisconsin Statutes.
(13) 
Appeals.
(a) 
Board of Appeals. The Board of Appeals, pursuant to Sec. 12.15, shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Building Inspector in administering this section, pursuant to Sec. 62.23(7)(e) of the Wisconsin Statutes.
1. 
The Board of Appeals may, in appropriate cases, authorize variance from the provisions of this section which are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this section will result in an unnecessary hardship.
(b) 
Appeals to the Board of Appeals may be taken by any aggrieved person or by any officer. Department, Board or Bureau of the City affected by any decision of the Building Inspector.

13.33 Certificates of Occupancy.

[Ord 6149, 2/7/1995; Ord., O-2004-0042, 10/19/2004]
(1) 
Residential. No building, lot or premises may be occupied until a certificate of occupancy shall have been issued, unless as otherwise provided under this section.
(a) 
Certificate of Occupancy Required. No dwelling unit or accessory residential building hereafter erected, altered or residential use lot shall be occupied or used in whole or in part for any purpose whatsoever until a Certificate of Occupancy shall have been issued by the Director of the Department of Building Inspections and Zoning or designee stating that the building complies with all zoning, building, fire and health laws and ordinances and with the provisions of these regulations.
(b) 
Change of Use. No change of use shall be made in any dwelling or part thereof now or hereafter erected or altered without a building permit having been issued by the Building Inspector, and no permit shall be issued to make such changes unless it is in conformity with the provisions of this Chapter or amendments thereto hereafter duly enacted. Nothing herein shall prevent the continuance of the present occupancy or use of any existing dwelling except as may be necessary for safety of life and property.
(c) 
Application and Issuance. Certificate of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration is completed. A record of all certificates shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the property affected. The fee shall be as set forth in Section 13.255.
(2) 
Nonresidential. No building, structure, lot or premises may be occupied until a Business Occupancy Permit shall have been issued, unless as otherwise provided under this section.
(a) 
Business Occupancy Permit Required. No building, structure, lot or premise shall be occupied or used in whole or in part for any commercial, industrial, or other nonresidential purpose without first applying for and obtaining from the Director of the Department of Building Inspections and Zoning or designee a Business Occupancy Permit. The Business Occupancy Permit is nontransferable and shall be valid only for the business, person, building, premises and structure named therein.
(b) 
Initial Occupancy or Change of Occupancy. No person shall enter upon or engage in any commercial, industrial or other nonresidential activity in or upon any existing building, structure or premises without first applying and being issued a Business Occupancy Permit. A "change" in occupancy shall be deemed to take place and require a new permit whenever the type of usage changes or whenever the occupant changes. An occupant will not be deemed to have changed if the change is in name only; however, the occupant is required to submit to the Director information to support that the change is in fact limited to the name and does not otherwise affect the occupancy or use of the premises. The Director is authorized to approve any change in name of any occupant.
(c) 
Application and Issuance. The application for a Business Occupancy Permit shall set forth the applicant's name, address, position or capacity in the business and the exact location of the building or premises wherein the business is to be carried on. The application shall state with particularity the scope, nature, type and extent of the business activity that the permit holder will engage in. No permit shall be issued to any person for any business operation which would violate the building, zoning, fire, health codes or other ordinances of the City, or which would violate any state statute or regulation promulgated pursuant thereto. The permit fee shall be as set forth in Section 13.255. The occupancy permit shall be posted in a conspicuous place in the building, structure or premises and shall not be removed, except by permission from the Director. Upon the cessation of business activities by the holder of any occupancy permit, the person shall immediately notify the Director of such fact.
(d) 
A permit fee may be forfeited if the appointment is not canceled 24 hours prior to the scheduled inspection appointment time, if the applicant or their representative is not present at the inspection, or if the building is not open for inspection. The applicant may be required to reapply and a new application fee may be assessed.
[Ord. O-2016-0058, 12/6/2016]
(3) 
Home Business Occupancy Permits. Home Businesses are permitted in accordance with the zoning code. A Business Occupancy Permit shall be required for that portion of the residential property used as a business pursuant to Subsection 13.33(2). A Residential Occupancy Permit shall be required for the portion of the property used as residential premises pursuant to Subsection 13.33(1).
(4) 
Temporary Occupancy. The Director or designee may issue a temporary occupancy permit or business occupancy permit for the temporary occupancy and use of any building, structure or premises, or part thereof, prior to the completion of the same and issuance of an occupancy permit, provided that such occupancy or use does not create a life or safety concern. A temporary occupancy permit shall be valid for a period of up to six (6) months and may be extended for up to one (1) additional six (6) month period. Upon expiration of a temporary occupancy permit where an occupancy permit is not issued, the Director shall order the occupancy or use to cease and shall take legal measures to ensure that said order is complied with.
(5) 
Flood Districts. No vacant land in the floodplain shall be occupied or used and no building hereafter erected, altered or moved shall be occupied until the applicant obtains a certificate of compliance from the Director of Building Inspections and Zoning, as provided in Section 12.70 of the Zoning Chapter.

13.34 Numbering of Houses.

[Ord. 6149, 2/7/1995]
(1) 
Uniform System. A uniform system of numbering on all houses and buildings fronting on all streets, alleys and highways in the City is herewith established.
(2) 
Base Lines.
(a) 
North Base Line. All houses, buildings, etc., fronting on the alleys shall be numbered to correspond with the numbers on parallel streets. In establishing said system, the north City limits shall constitute the north base line from which the numbers of all houses and buildings running east and west from said boundary line shall be extended each way upon the basis of one number to each fifteen (15) feet of property frontage, wherever possible, starting at the base line with a number of the house numbering system of the City of Milwaukee at said base line, and continuing with consecutive hundred at each intersection, wherever possible. All even numbers shall be placed upon the houses and buildings on the east side of said streets, avenues, alleys and highways, and all odd numbers shall be placed upon houses and buildings on the west side of said streets, avenue, alleys and highways.
(b) 
East Base Line. The east City limits shall constitute the east and west base line from which the numbers on all streets running east and west from said east City limits shall be extended each way upon the basis of one number for each fifteen (15) feet of property frontage, wherever possible, starting at the east boundary line with a number in continuance with the house numbering system of the City of Milwaukee at said base line, and in continuance with the house numbering system of the City of West Milwaukee at said base line, and continuing with consecutive hundreds at each intersection wherever possible. All even numbers shall be placed upon the houses and buildings on the north side of said streets, avenues, alleys and highways, and all odd numbers upon houses, buildings, etc. on the south side of said streets, avenues, alleys and highways.
(3) 
Assigning and Placing Numbers. The City Engineer shall make the necessary survey and shall assign to each house and building located on any street, avenue, alley or highway in the City its respective number under the uniform system provided for in subsection (1) of this section. When the City Engineer shall have completed the said survey and assigned to each house and building so located its respective number or numbers, he shall cause the numbers to be placed on the respective houses and buildings by such person or persons he shall designate for the purpose. Such number or numbers shall be placed within fifteen (15) days after the said City Engineer has assigned the proper number. The cost of the number of numbers shall be paid for out of the fund set aside for this purpose. The cost of replacement of any number or numbers after its initial installation shall be borne entirely by the owner or occupant of any house or building. It shall be the duty of the City Engineer to inform any party applying therefor, the number or numbers belonging or embraced within the limitations of said lots or property, as provided in subsections (1) and (2) of this section.
(4) 
Maintaining Old Numbers. It shall be the duty of the owner, occupant or agent of any house or building to which a new number is assigned to retain the old number now upon said house or building, together with the new number, for a period of six (6) months after the said City Engineer has assigned the new number or numbers to the premises, at which time the old number or numbers shall be removed, and it shall thereafter be unlawful to maintain any number other than the new number as designated by the City Engineer.
(5) 
Additional Numbers at Same Location. Where only one number is available for any house or building, the owner, occupant or agent of such house or building who shall desire distinctive numbers for upper and lower portions of any such house or building, or for any such house or building fronting on any street, such owner, occupant or agent shall use the suffixes "A", "B", "C", etc., as may be required.
(6) 
Size and Location of Numbers. All numbers placed on houses and buildings in accordance with subsections (1) to (9), inclusive, hereof, shall not be less than three (3) inches, including background, in height, and shall be distinctly legible and shall be posted in a conspicuous place on the front of each house or building so as to be easily seen and read from the public way. In no event shall the number proper, where a background is used, be less than two (2) inches in height.
(7) 
Newly Constructed Buildings. Whenever any new house, building or structure shall be erected in the City, in order to preserve the continuity and uniformity of numbers of the houses, buildings and structures, the owner or his agent shall ascertain the proper number or numbers from the Building Inspection Department, which Department shall furnish to the said owner or his said agent the correct number, complete ready to set in place, at and for the actual cost of such number, and the said owner or his agent shall immediately fasten said number in a conspicuous place at the entrance of said house, building or structure, and no building permit shall be issued for any house, building or structure until the owner or his agent has procured the official number of the premises. The provisions of this section shall not apply to auxiliary or accessory structures.
(8) 
Erroneous Numbers.
(a) 
Notice from Director of Building Inspections and Zoning. The Director of Building Inspections and Zoning shall notify the owner or occupant of any building or structure for which a house number is required and which is not numbered in conformity with this section that a corrected number, as determined by the City Engineer, is required, and shall furnish to such premises the correct number.
(b) 
Duty of Owner or Occupant. The owner or occupant shall replace any erroneous number on the premises with the correct number assigned by obtaining the correct number at the office of the Building Inspector within five (5) days after receiving written notice from him.
(c) 
Cost. If the erroneous numbers are of the standard size and type as issued by the Building Inspection Department, they shall be turned in to the Building Inspector and the correct numbers issued free of charge.
(9) 
Improper Numbers. It shall be unlawful for any person to alter any number, or to retain any but the properly assigned number or numbers, except as provided in subsection (4).

13.35 Swimming and Wading Pools.

[Ord. 6149, 2/7/1995]
(1) 
Location Regulated.
(a) 
No pool or appurtenances or fence required to isolate such pool shall be located in a required front yard.
(c) 
No pool shall be located, constructed, or maintained closer to any side line than three (3) feet.
(d) 
No pool shall be located, constructed, or maintained closer to any rear lot or parcel line than five (5) feet.
(e) 
No pool shall be located, constructed or maintained closer to a perpendicular line extending from the ground to the outermost projection of the roof of any house or building, detached garages excluded, than as follows:
1. 
If the house or building is not in excess of thirty (30) feet in height, then the minimum distance from said perpendicular line shall be one-fourth (1/4) of the height of the house or building, but in no event less than six (6) feet.
3. 
If the house or building is greater than thirty (30), but not in excess of forty-five (45) feet in height, then the minimum distance from said perpendicular line shall be twenty-eight (28) feet.
4. 
If the house or building is greater than forty-five (45), but not in excess of sixty (60) feet in height, then the minimum distance from said perpendicular line shall be forty-eight (48) feet.
(2) 
Height Regulated. Height of the house or building, for purposes of this section, shall be defined as follows: The vertical distance measured from the finished grade line of such house or building to:
(a) 
The highest point of the coping of fascia of flat roofs; or,
(b) 
The highest point of the eaves line on the side of the building facing the pool for gable, gambrel or hip roofs.
(3) 
Fences Required.
(a) 
Every permanent or temporary swimming or wading pool which is not enclosed in a permanent building or like structure shall have erected around it a fence of a height not less than four (4) feet above the grade level and shall be so constructed so as to have no voids, holes or openings larger than five (5) inches in width or diameter. All points of entry into the pool area enclosure shall be equipped with gates. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate. The wall of a dwelling or building faced to a pool may be incorporated as a portion of the fence.
(b) 
An above ground pool where the top of the pool is more than four (4) feet above the grade at any point around its perimeter is permitted without separate additional fencing; provided, however, that permanent access from grade to above ground pools having stationary ladders, stairs and ramps shall have safeguard fencing of minimum height and design as specified in (a) above.
(4) 
Location of Fences. Location of the fence required in subsection (3) above, shall be subject to any other ordinances regulating the location, construction, and maintenance of fences in the City, in addition to one or more of the following:
(a) 
No fence shall be located, constructed, or maintained closer to said pool than three (3) feet.
(b) 
No fence shall be located, constructed or maintained closer to any house or building, detached garages excluded, than as follows:
1. 
Any wall of the house or building may be incorporated as a portion of such fence.
2. 
If any wall of the house or building is not incorporated as a portion of such fence, then any fence located, constructed or maintained between said pool and any house or building shall not be closer to a perpendicular line of such house or building (section (1)(e)) than as follows:
a. 
If the house or building is fifteen (15) feet in height or less, then the minimum distance from said perpendicular line shall be ten (10) feet.
b. 
If the house or building is greater than fifteen (15), but not in excess of thirty (30) feet in height, then the minimum distance from said perpendicular line shall be fifteen (15) feet.
c. 
If the house or building is greater than thirty (30) feet, but not in excess of forty-five (45) feet in height, then the minimum distance from said perpendicular line shall be twenty-five (25) feet.
d. 
If the house or building is greater than forty-five (45) feet, but is not in excess of sixty (60) feet in height, then the minimum distance from said perpendicular line shall be forty-five (45) feet.
(5) 
Unobstructed Area. Every permanent or temporary swimming or wading pool, which is greater in area than seventy-five (75) square feet and which is not enclosed in a permanent building or like structure, shall have a continuous unobstructed areaway around ninety percent (90%) of the pool of not less than three (3) feet in width.
(6) 
Flood Lights. If overhead flood or other artificial lights are used to illuminate the pool at night, none of the lights shall be used after 10:00 P.M., if said pool is located within two hundred (200) feet of any building used for dwelling purposes. Such lights shall further be shielded to direct light only on the pool.
(7) 
Permit Required. No pool, as contemplated by this section, in excess of seventy-five (75) square feet in area, shall be constructed or established unless a permit to do so is first obtained from the Building Inspector.
(8) 
Plans to be Submitted. Any person, firm or corporation desiring to locate, construct or maintain any pool, as contemplated by this section, shall first submit plans to the Building Inspector, showing the size, depth and type of construction, a drawing to scale showing the location of the barrier and gates and location of the pool with reference to any house or building situated on the lot or parcel of land. If the plans and location of the contemplated pool conform to the requirements of this section, and all other regulations of the City, the Building Inspector shall issue a permit upon the payment of the fee provided in subsection (7).
(9) 
Inspection. The Director of Building Inspections and Zoning shall periodically inspect all swimming and wading pools in the City to determine whether or not the provisions of this section are being complied with.
(10) 
Nuisance.
(a) 
Every swimming and wading pool shall be designed, constructed, installed and maintained waterproof and leakproof. Swimming and wading pool water discharging on the premises on which the pool is located and flowing onto adjoining properties is a nuisance and shall not be permitted.
(b) 
Swimming and wading pools that are not watertight and leak water shall be drained in accordance with subsection 12.50(10)(c); thereafter, the cause of the leak shall be corrected to make the pool watertight before refilling the pool to prevent the surface and underground water nuisance.
(c) 
Water drained from every swimming and wading pool shall be conducted through a hose or pipe and discharged into the public street right of way curb or storm water drain system, surface storm water drain easements, catch basins, sumps or other open receptacles connected directly to the storm sewer. Swimming and wading pool water shall not be discharged in or on the ground surface, except as specified herein, nor shall water be discharged in the public sanitary sewer.
(d) 
Water distributed outside the pool caused by splashing, throwing, spouting or other means during activity in and around swimming and wading pools by persons shall be contained within the lot lines on which the swimming and wading pool is located. Such water entering on adjoining property shall be considered a nuisance and is prohibited.
(11) 
For purposes of this section, "pool" means the structure, basin, chamber or tank used primarily for the purpose of swimming or wading which is greater in area than seventy five (75) square feet and has a depth at any point of more than (2) feet.

13.36 Manufactured And Mobile Homes And Manufactured And Mobile Home Community Standards.

[Ord. O-2016-0009, 3/15/2016]
(1) 
Definitions.
(a) 
"Noncombustible Material" means a material that, in the form in which it is used and under the conditions anticipated, will not ignite, burn, support combustion, or release flammable vapors when subjected to fire or heat. Materials that are reported as passing ASTM E 136, Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750 Degrees C, shall be considered noncombustible materials.
(b) 
"Storage Building" means a building of noncombustible walls and roof of prefabricated construction allowing for convenient disassembly and removal that is used as an accessory building to a manufactured home, located on the same space, but not attached to the manufactured home.
(c) 
"Storage Container" means an object built of noncombustible material for outside manufactured home storage.
(2) 
State Laws Adopted. Except as otherwise provided herein, Wisconsin Statute Sections 66.0435 and 101.935, Safety and Professional Services (hereinafter "SPS") Chapter 326, SPS Section 321.40, and SPS Section 302.33, of the Wisconsin Administrative Code, as related to manufactured and mobile homes, as they are from time to time amended, are hereby adopted and by reference made part of this section as if fully set forth herein.
(3) 
Parking of Manufactured and Mobile Homes Restricted. Except as provided in this section, no person shall park any manufactured or mobile home anywhere in the City other than in a licensed manufactured and mobile home community, except for sales display by manufactured and mobile home dealers that are validly licensed pursuant to Wis. Stat. Sec. 101.951. This section shall not apply to the parking of one (1) unoccupied manufactured or mobile home not to exceed thirty-five (35) feet in length per residential rear yard, which manufactured or mobile home shall not be connected with water, electrical, fuel supply, or sanitary facilities.
(4) 
Permits for Change in Community. No alteration, extension, addition, modification, or change shall be made in the manufactured and mobile home community, its facilities, spaces, electric service, water supply, plumbing and sanitary facilities, buildings, or structures without first securing a permit from the Director of Building Inspection and Neighborhood Services (hereinafter "Director"). Application for a permit shall be accompanied by scale drawings and such other information as the Director may require. Permits shall be issued only where the requirements and conditions of this section and other ordinances of the City and Wisconsin State Statutes are met. Permit fees shall be the same as listed in Section 13.255 of this Code.
(5) 
Permit Required for Manufactured and Mobile Homes. Each licensee shall, within seventy-two (72) hours of the occupancy of a newly parked manufactured or mobile home, file a report with the Department of Building Inspection and Neighborhood Services and office of the City Clerk that such manufactured or mobile home located in said community is occupied and specifying the name of the owner and principal occupant of the manufactured or mobile home, the trade name and size of the manufactured or mobile home, the date when first occupied, the number of persons occupying such manufactured or mobile home, and further specifying the space in the community upon which said manufactured or mobile home is placed. Upon inspection of said manufactured or mobile home and its connections to the utility services, if so connected, the Director or his/her designee shall, if the requirements of this section and other applicable ordinances of the City and laws of Wisconsin have been complied with, issue a permit permitting occupancy of such manufactured or mobile home, which permit shall be filed with the licensee of the community and retained by him or her until said manufactured or mobile home is moved from the space on which it is parked. The moving of said manufactured or mobile home from the space designated on the permit shall immediately void the permit so issued, and the licensee shall, within forty-eight (48) hours after the manufactured or mobile home has been so moved, return the permit to the Department of Building Inspection and Neighborhood Services for cancellation. Should the Director or designee, upon inspection of a manufactured or mobile home, refuse to issue a permit because of its failure to comply with applicable City ordinances or state laws, the licensee and/or manufactured or mobile home occupant shall be given thirty (30) days to correct or change such items of non-compliance designated by the Director or designee. If the Director or his/her designee determines that occupancy would be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation, occupancy, or use, the home occupant shall cease occupancy immediately until the Director or designee issues an occupancy permit. If not corrected, the licensee, upon notice from the Director or designee to remove such manufactured or mobile home, shall proceed within the time specified in the order, not to exceed five (5) days, to cause such manufactured or mobile home to be removed from such community.
(6) 
Compliance with Code. All manufactured and mobile home owners and occupants of manufactured and mobile homes in a manufactured and mobile community shall comply with SPS Section 326.19, Wisconsin Administrative Code, as amended, including, but not limited to, registration and maintenance of their sites and units. In addition, owners and occupants of manufactured and mobile homes in a manufactured and mobile home community shall obey all orders from the City and comply with all federal, local, and state health and safety laws and regulations.
(7) 
Requirements for All Manufactured and Mobile Home Communities.
(a) 
Community Map and Directory to be Posted. Each manufactured and mobile home community shall have a directory and map posted in a conspicuous place, designated by the Fire Chief or his/her designee, numbering the spaces within the community by lot and block designated, and a duplicate thereof shall be filed with the Director, the Fire Chief, Police Chief, Health Commissioner, and the City Clerk. The space number shall be a standard City building number available for purchase in the Department of Building Inspection and Neighborhood Services. Such number shall be attached to the wall of the manufactured and mobile home parallel to and visible from the fronting street or lane.
(b) 
Number of Occupants. Only one (1) person for each four hundred fifty (450) cubic feet of interior space of a manufactured or mobile home shall be permitted to occupy a manufactured or mobile home in any licensed community of West Allis.
(c) 
Visitor automobile parking may be allowed on one (1) side of roadways and lanes of twenty (20) or more feet in width; both sides of roadways and lanes of thirty (30) or more feet in width. No parking shall be allowed on said roadways and lanes within thirty (30) feet of all intersections and corners within a manufactured and mobile home community.
(d) 
Visitor parking restrictions shall be posted on the roadways and lanes by the manufactured and mobile home community licensee.
(e) 
Permits for Storage Buildings.
1. 
Licensees shall file an application for a building permit accompanied by a sketch of the unit space showing the dimensions of the space, location, and dimensions of the manufactured or mobile home on the space, and proposed location and dimensions of the storage building. The building permit fee schedule in Section 13.255(1)(c) shall apply.
2. 
Each building permit for the construction of a storage building shall be limited to the construction and maintenance of such storage building in conjunction with the manufactured or mobile home then on the space; in the event of the replacement of such manufactured or mobile home, the permit shall terminate. An expired permit may be reinstated if the storage building complies with all of the provisions of this section and the replacement manufactured or mobile home.
(f) 
Number of Spaces. No community shall contain more than one hundred twenty-five (125) spaces, except communities that contained more than one hundred twenty-five (125) spaces as of January 1, 1972. Such nonconforming communities shall be limited to the number of spaces contained therein on January 1, 1972.
(g) 
No manufactured and mobile home community shall be laid out, constructed or operated without City water and sanitary sewer facilities. No wastewater shall be thrown or discharged upon the surface of the ground.
(h) 
Subject to Section 12.17 of the Revised Municipal Code, no business shall be conducted in any unit.
(8) 
Zoning. No manufactured and mobile home community shall be constructed except in conformity with the zoning laws of the City. All manufactured and mobile home communities constructed prior to March 1, 2016 are considered nonconforming.
(9) 
Minimum Standards.
(a) 
For all manufactured and mobile home communities hereafter constructed, the following minimal standards shall be applicable:
1. 
It shall be permissible to remove the wheels and/or hitch of manufactured or mobile homes in manufactured and mobile home communities. It shall not be permissible to construct or cause to be constructed any permanent pier, post, or other structure to support the unit. Nothing herein contained shall prohibit the use of stabilizing equipment; nor shall this paragraph prohibit the skirting of any manufactured or mobile home. Skirting must be made of noncombustible material and commercially manufactured specifically for skirting purposes.
2. 
Shelter roofs hereafter erected shall be of metal or other noncombustible material, securely anchored to the ground, and shall have no side walls or side enclosures of any kind. The shelter roofs shall be limited in length to the length of the manufactured or mobile home, but no greater in length than thirty-five (35) feet, nor greater in width than ten (10) feet, and shall not be less than six (6) feet to the lot line adjacent to the shelter roof or nearest manufactured or mobile home, and shall not be less than six (6) feet above the grade immediately beneath any point of such roof section.
3. 
No licensee or manufactured or mobile home occupant shall erect upon any space or any place within the community, any tent, sectional, or prefabricated cabin or cottage or any other structures intended to be used for dwelling purposes, or to be used in connection with or added to any manufactured or mobile home legally located on a space in such manufactured or mobile home community, except as otherwise provided in this section.
4. 
All manufactured and mobile homes shall have a toilet and bath or shower facilities that are in good working order.
5. 
All plumbing installations shall comply with the Municipal Plumbing Code for manufactured and mobile homes.
6. 
Subject to Section 12.17 of the Revised Municipal Code, no business shall be conducted in any manufactured or mobile home, manufactured and mobile home community, or manufactured or mobile home lot except those necessary for the operation of such community.
7. 
All manufactured and mobile home communities shall be maintained in a clean, orderly, and sanitary condition at all times.
8. 
Where fuel oil tanks are utilized they shall be placed at the rear or side of the unit in as close proximity to the rear of the unit as possible. The capacity of a fuel oil tank is limited to two hundred seventy-five (275) gallons. The supporting structure for the fuel tank must be of metal construction.
9. 
Supplemental spaces for parking of automobiles, boats, camping trailers, utility trailers, and other vehicles which are the property of the occupants of the community may be provided for in the community in an area other than on the lot space provided or allocated for parking of the manufactured or mobile home, and parking of such equipment on any manufactured or mobile home space is prohibited.
10. 
All driveways or lanes in any manufactured and mobile home community shall have a minimum width of twenty (20) feet and shall be surfaced with bituminous concrete or similar material; shall at all times be maintained in good and dustproof conditions; shall be artificially lighted at night with at least an average of 0.5 FTC; and shall be kept unobstructed.
11. 
Parking.
a. 
No manufactured or mobile home shall be parked or placed on a space which is not equal to twice the floor area of the manufactured or mobile home being placed thereon; nor shall said manufactured or mobile home infringe upon any adjoining space or roadway, but shall be wholly contained within its space.
b. 
Floor area shall be measured by the outside dimensions of the manufactured or mobile home, including all expandable floor area both horizontally and vertically where such expandable floor area is actually being used in connection with such manufactured or mobile home when situated on such space, plus floor area measured on the exterior or any storage building located on said lot space.
c. 
One automobile will be permitted to be parked on a manufactured or mobile home space if the floor area of the manufactured or mobile home parked thereon measured as provided in Subsection (9)(a)11b covers no more than forty percent (40%) of the lot area, and then only if a parking area equal to the automobile size is provided of cement or bituminous material and connected by a driveway made of cement or bituminous material to a street.
d. 
Supplemental spaces for parking for automobiles, boats, camping trailers, utility trailers, and other vehicles that are the property of the occupants may be provided for in the community in an area other than the driveways, lanes, or lot space allocated for parking of the manufactured or mobile home, and parking of such equipment shall not be permitted by the licensee on any manufactured or mobile home space.
12. 
Decks and Porches.
a. 
A single deck or porch may be attached or adjacent to each manufactured or mobile home entrance. The manufactured or mobile home occupant and the licensee shall be responsible for maintaining the installation.
b. 
Wall facing material for the deck or porch shall be metal or other noncombustible material. Decks or porches shall be limited to twenty-five (25) square feet in size.
c. 
Stairs utilized in connection with a deck or porch having three (3) or more risers shall be provided with hand rails on both sides of such stairs.
13. 
Storage.
a. 
No space may have more than one (1) storage container or storage building; no space shall contain a storage container and a storage building.
b. 
No storage building one hundred fifty (150) square feet or larger shall be erected without a permit.
c. 
No storage building or storage container shall be constructed of combustible materials.
d. 
No storage building shall exceed two percent (2%) of the area of the lot.
e. 
No storage container shall exceed twenty (20) square feet, limited in height to a maximum of five (5) feet.
f. 
Each storage building or storage container shall have a rodent-proof floor constructed of metal, Portland cement, concrete, bituminous concrete, or masonry mortar jointed.
g. 
Each storage building or storage container shall be located only within the rear one-fourth (1/4) of space area with a minimum setback to rear and side boundaries of unit space of five (5) feet.
h. 
An open space of not less than one (1) foot shall be provided between the storage building or storage container and the nearest wall of the manufactured or mobile home on the space.
14. 
No accessory structure, as defined in Section 12.06 of this Code, shall be located on a space unless specifically allowed under this section.
(10) 
Inspections. All manufactured and mobile home communities and units shall be subject to inspection by the Department of Building Inspection and Neighborhood Services, Health Department, and Fire Department during reasonable hours and with reasonable advanced notice, emergencies expected.
(11) 
Variances. The Board of Appeals shall have jurisdiction over any request for a variance of a requirement under this section.