[HISTORY: Adopted by the Village Board of the Village of
Allouez as Ch. 13 of the Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
Construction site erosion control — See Ch. 200.
Electrical standards — See Ch. 210.
Fire prevention — See Ch. 234.
Historic preservation — See Ch. 248.
Housing standards — See Ch. 253.
Plumbing — See Ch. 338.
Public works — See Ch. 350.
Floodplain zoning — See Ch. 453.
Land divisions — See Ch. 460.
Shoreland-wetland zoning — See Ch. 468.
Zoning — See Ch. 475.
The purpose of this Building Code is to provide minimum regulations,
provisions and requirements in the Village of Allouez to ensure safety
to persons and property, safe and stable design, good workmanlike
methods of construction, and the use of proper materials in any building
constructed, enlarged, altered, repaired, moved, and/or converted
to other uses or demolished; to regulate the equipment, maintenance,
condition, use, occupancy and safety of all buildings; and to promote
public health, safety and general welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person holding title to or having interest in land.
Any person operating, leasing, renting, or having made other
arrangements with the landowner by which the landowner authorizes
use of his or her land.
A.
This Building Code shall apply to new structures and to alterations
and additions to existing structures within the Village of Allouez.
B.
The sections contained in this Building Code shall be binding alike
upon every owner of a building, every person in charge of or responsible
for or who causes the construction, repair or alteration of any building
or structure, and upon every architect, professional engineer, or
other person who shall prepare plans for the construction, alteration,
or addition to any building or structure in the Village of Allouez.
A.
Appointment, duties and qualifications. The Village Board shall appoint
a Village Building Inspector who shall have the power and duty to
enforce the provisions of this Building Code and of all other ordinances,
laws and orders of the State of Wisconsin which relate to building
construction and shall be certified by the State of Wisconsin in accordance
with Chapter SPS 305 of the Wisconsin Administrative Code.
B.
Right of entry. In the discharge of his duties, the Building Inspector
shall have the authority to enter any building, structure or premises
when any one or more of the following conditions exists: the owner
or his authorized agent gives consent to the inspection or an emergency
situation exists. As a condition of the granting of a building permit,
the Inspector shall have the right to enter the premises for which
the permit was issued at any reasonable time during the course of
the work and until final inspection and approval thereof have been
given.
C.
Records. The Building Inspector shall keep a record of all permits,
fees and inspections and shall make an annual report thereon to the
Village Board.
[Amended 3-15-2011]
A.
Required. No building or structure, or any part thereof, shall hereafter
be built, enlarged, altered, moved or demolished within the Village
of Allouez, except as provided in this chapter, unless a permit therefor
shall first be obtained by the owner or his agent from the Building
Inspector. The term "building" shall include any building or structure,
any enlargement, alteration, movement or demolishing thereof, and
also any new heating plant or any material alteration in any existing
heating plant, toilet room or elevator. Where sanitary sewers are
not installed and/or are not ready for immediate connection to proposed
structures, no building permit shall be issued by the Building Inspector.
B.
Issuance of building permit. Applications for building permits shall be filed at the office of the Building Inspector on forms provided by the Village of Allouez. The application shall contain a complete set of drawings and specifications for the proposed project. A detailed plot plan showing the location of all existing and proposed structures, driveways, and parking areas relative to lot lines and building setback lines shall be provided as a part of the application. The Building Inspector shall have authority to require that such plot plans be verified and stamped by a professional land surveyor and/or to require that a survey signed by a professional land surveyor be provided as a part of the application. If the application, plans, specifications, and site drawings are in conformity with the requirements of Chapter 475, Zoning, of this Code, and with all other applicable state and local building codes, the Building Inspector shall date and endorse the plans as "approved" and, upon receipt of the required fee, shall issue the appropriate permits for the work.[1]
(1)
A building permit shall become void and of no further force or effect
if the work authorized by the permit has not been commenced within
six months of the date of the permit and has not been completed within
12 months from the date of the permit. If further construction is
necessary after the expiration of the twelve-month period, the permit
holder shall make written application to the Building Inspector, upon
such form as required by the Building Inspector, at least 30 days
prior to the expiration date of the building permit. The reasons for
the extension of the permit shall be fully set forth in the request
for the extension, and the Building Inspector shall make an appropriate
recommendation to the Village Board as to whether or not the permit
should be extended. A permit shall be extended only by action of the
Village Board.
(2)
If the Building Inspector determines that the owner of the property,
the permit holder, or any person engaged in construction under the
authority of the permit has violated any statute, ordinance, law,
rule or regulation relating to the construction or has not complied
with any order, plan or specification, the Building Inspector may
notify the permit holder of the Inspector's intent to revoke
the permit. Such notice of intent shall be in writing and shall be
served on the owner of the land, on the permit holder, and on the
general contractor or the person in charge of the phase of work in
which the error or violation has occurred, either by personal service
or by certified mail to the last known mailing address of such person,
and a copy of said notice shall be posted on the work site. The permit
shall be revoked unless within 10 calendar days following the service
and posting of said notice the owner or permit holder requests a hearing
before the Village Board to appeal the determination of the Building
Inspector and to reinstate the building permit. The Village Board
shall hold a hearing on such request within 10 days after such request
is filed in the office of the Village Clerk-Treasurer.
(3)
No person shall do any further work upon the building site after
the expiration of a building permit or after the posting of the notice
of intent to revoke the permit until such time as the permit is extended,
reinstated or renewed, or the work is otherwise authorized, by action
of the Village Board.
See Chapter 225, Fees and Charges, for the various building permit fees.
A.
Chapters SPS 320 to 325, the Uniform Dwelling Code, and Chapters
SPS 361 to 366, the Commercial Building Code, of the Wisconsin Administrative
Code are hereby adopted by reference and made a part hereof the same
as if they were set forth in full herein. Any violation of any part
of the provisions thereof shall be a violation of this chapter.
B.
Every landowner and land user of a building or facility as described
in Chapters SPS 361 to 366, inclusive, of the Wisconsin Administrative
Code, and the construction of which is completed or which is remodeled,
or which is expanded by 50% or more in floor area, after the effective
date of this chapter, shall provide an adequate designated area for
the separation, temporary storage, and collection of solid waste and
recyclables, either within or adjacent to the building.
This Building Code shall not be interpreted to mean or construed
as an assumption of any liability by the Village for damages to anyone
injured or for property damaged or destroyed due to a building defect,
or due to a defect in any heating, plumbing or electrical wiring.
A.
The Building Inspector may order the owner of the 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 occupancy, use or human
habitation, if 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
it at the owner's option. Where there has been a cessation of
normal construction of any building or structure for a period of more
than two years, the Building Inspector may order the owner to raze
and remove such building or part thereof. The order shall specify
a time in which the owner shall comply therewith and specify the repairs,
if any. It shall be served on the owner of record or his agent where
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 a holder of an encumbrance of record cannot
be found within the State of Wisconsin, the order may be served by
posting it on the main entrance of the building and by publishing
it in a newspaper circulated in the Village of Allouez for two consecutive
publications at least 10 days before the time limit in the order commences
to run.
B.
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 and shall
be assessed and collected as a special charge. When any building has
been ordered razed and removed, the Building Inspector may sell the
salvage and valuable material at the highest price obtainable. The
proceeds of such sale, after deducting the expense of such razing
and removal, shall be promptly remitted to the Circuit Court with
a report of such sale or transaction, including the items of expense
and the amounts deducted, for the use of the person who may be entitled
thereto, subject to the order of the Court. If there remains no surplus
to be turned over to the Court, the report shall so state. If 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" it shall be the duty of the Building Inspector or
his authorized agent to prohibit the use of the building which has
been condemned for human habitation, occupancy or use. Any person
receiving notice as hereinbefore provided who shall fail or neglect
to comply with the directions therein contained shall be subject to
the penalties provided for violating this code.[1]
[Amended 2-17-2015 by Ord. No. 2015-02]
A.
No person shall raze any building in the Village of Allouez without
first securing a permit from the Building Inspector.
(1)
No permit shall be granted unless a certificate of insurance, holding
the Village harmless from liability for the specific job, shall be
filed with the Village Clerk-Treasurer. The amount of insurance shall
be set by the insurance counselor for the Village and shall be determined
by the amount of the Village's exposure on the particular job.
(2)
Except as provided below, a raze permit may be issued following the
Building Inspector's receipt of a fully completed application.
(a)
No person in charge of a building or structure which is a historic landmark or contributing to a historic district, as recognized by either a local designation by the Village of Allouez or listed by the state or on the National Register, shall be granted a permit to raze such property under any circumstances without first receiving a certificate of appropriateness from the Historic Preservation Committee in accordance with procedures defined in Chapter 248 of the Village Code.
(3)
The person granted a permit shall comply with the following requirements
within a time limit of three months.
B.
Street, alley or private property shall be properly protected by
erecting proper fencing and scaffolds. If scaffolds are to be built
on streets or alleys, they shall be properly protected with a top
cover of planks, guardrails, and toe boards, to prevent falling of
debris on the sidewalk or street. The top of the scaffold shall be
at least eight feet above the sidewalk or alley.
C.
It shall be unlawful to remove horizontal support and let exterior
walls or partitions stand unsupported.
D.
In buildings more than one story in height, the exterior walls, interior
partitions and other supports to be removed shall be by floor-to-floor
using the floor below as protection against falling debris, and to
hold exterior walls and interior walls to prevent them from collapsing.
E.
No walls, chimneys, or other construction shall be allowed to fall
en masse on a floor, and bulky material such as beams and columns
shall be lowered and not thrown.
F.
Cranes may be used in wrecking or demolition of buildings provided
the methods stated in this section are complied with.
G.
When a building is moved or demolished, the building sewer shall
be located at a point outside the foundation lines. The sewer shall
be sealed off. The plug or seal shall not be covered until an approval
has been given by the Plumbing Inspector.
H.
No person shall leave litter, building debris, excavations or ground
piles on property on which a building is being razed or has been moved
off. Where work is being done in an unsatisfactory manner, or where
work is not progressing, and causes a hazard and/or nuisance to the
public safety, the Building Inspector shall give written notice to
the owner specifying a definite time limit to clean up the property
and level off the ground to the adjoining level. If notice is not
complied with, the Building Inspector shall cause work to be undertaken
by the Village or a firm hired by the Village and the cost thereof
to be charged back to the property or property owner.
I.
Except as otherwise provided, any person, firm, corporation or organization found to be in violation of any provisions of this section or any rule or order promulgated herein shall be subject to a penalty as provided in § 1-3 of this Code. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Building Inspector.
A.
Permit required. No person shall move any building within the Village
without a permit from the Village Board. Formal approval of such permit
shall be given at a regular Village Board meeting. Abutting property
owners shall be notified in advance by a mailing of the meeting agenda
on which this item appears.
B.
Bond. Before a permit to move any building is granted, the person
applying therefor shall give a bond in the sum of $1,000 with good
and sufficient surety as may be approved by the Building Inspector,
conditioned, among other things, that such person will save and indemnify
the Village of Allouez and keep the Village harmless in consequence
of the granting of such permit. Proof of public liability insurance
shall be filed in an amount of not less than $500,000 for damages
arising out of personal injuries to any one person, $500,000 for damages
arising out of personal injuries to all persons, and $500,000 for
property damages in any one accident.
C.
Route. 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, and shall have the approval of the Village Engineer.
The progress in removal of a building shall be as continuous as possible
during all hours of the day, and day by day, and by night if the Building
Inspector so orders, until complete, with the least possible obstruction
to thoroughfares. No building shall be allowed to remain overnight
upon any street crossing or intersection, or so near thereto as to
prevent easy access to any fire hydrant, or within 20 feet of the
property line of the intersecting street as extended. Lights shall
be kept in conspicuous places at each elevation of the building during
the night.
D.
Damage to streets. Every person receiving a permit to move a building
shall, within one day after the building reaches its destination,
report that fact to the Building Inspector. Thereupon the Village
Engineer shall inspect the streets over which the building has been
moved and ascertain their condition. If the removal of the building
has caused any damage to the streets, the Engineer shall, at the expense
of the building mover, forthwith place them in as good repair as they
were before the permit was granted. In the event that the building
mover shall fail to pay promptly all bills for damage to any street
caused by the moving of the building, the Village shall hold the sureties
of bond given by the building mover responsible for payment of the
same.
E.
Trees en route. Permission shall in no case be granted to move a
building in, along or upon the public streets of the Village of Allouez
until such building shall have been measured by the mover and it shall
appear from such measurement that the moving of the building upon
or along the streets proposed will not injure any shade trees along
such streets. Street trees shall not be trimmed or otherwise disturbed
without the approval of the Village Administrator.
F.
Dilapidated buildings. No permit shall be granted for the moving
of any building from one location to another which is so dilapidated
and so out of repair as to be unsanitary or unfit for human habitation,
occupancy or use or which is so out of repair that it would be unreasonable
to repair the same.
G.
Detrimental buildings. For the purpose of protecting and conserving
the value of neighboring property, no permit shall be granted for
the moving of any building to a location within the Village of Allouez
which would be detrimental to the character of the neighboring property.
Consideration shall be made on the basis of compatibility of external
appearance, size and architectural quality in relationship to existing
structures. The application for a moving permit shall be accompanied
by three copies of a plot plan of the proposed site with such additional
material as would permit an application of the foregoing standards.
H.
Denial of permit. A refusal of a moving permit shall be in writing
and contain a detailed statement as to why the relocation would be
detrimental to the value of neighboring property, if such is the case.
I.
No person, firm or corporation shall move, or shall allow or permit
the moving of, an existing building or any part of an existing building
from a location outside the boundaries of the Village to a destination
within the Village. This subsection shall not apply to a prefabricated
building of new construction, a modular building of new construction,
or an historic building which is to be placed in a federal, state
or local governmental park.
A.
No person shall erect any awning over the sidewalk or street without
first obtaining a permit therefor from the Building Inspector.
B.
Any awning hereafter erected over any sidewalk or street within the
Village of Allouez shall be constructed of an adjustable iron frame,
firmly secured in place and covered with canvas or other suitable
material. The frame shall be at least 7 1/2 feet in height above
the sidewalk. The lowest point of flap or fringe of such awning shall
at no point be less than 6 1/2 feet above the sidewalk. Permanent
metal-type awnings may be erected if a minimum clearance of 7 1/2
feet is allowed from the sidewalk to the lowest part of the awning.
A.
No permanent hood or canopy shall be constructed over any sidewalk
or street unless constructed in the manner herein provided.
B.
No canopy or hood shall be erected without a permit first being secured
from the Building Inspector. All such canopies or hoods shall be inspected
yearly by the Building Inspector.
C.
The owner or occupant of any building erecting such canopy or hood
shall furnish annually a public liability bond with sureties to be
approved by the Village Board in the amount equal to $100 per square
foot, based on the area of the underside of such canopy or hood, but
in no case shall any bond be less than $5,000. If the owner or occupant
of such building carries public liability insurance in an amount equal
to or in excess of the amount of the bond required, he shall be exempted
from furnishing a bond.
D.
There shall be a height of not less than 10 feet in the clear between
the grade of the sidewalk at any point and the lowest point of any
appendage or projection of any canopy or hood extending from any building
into the public street.
E.
The projection of a permanent hood or canopy shall not extend over
the street or within a distance nearer to the street than two feet
from the outside face of the curb.
F.
The overall height of a canopy or hood, including all projections,
ornamentations, accessories or appurtenances, shall not exceed six
feet. The maximum distance to the top of any canopy, including all
projections, ornamentations, appurtenances, signs, or any other part
of the canopy, shall not exceed 16 feet from any point of the sidewalk.
G.
Any necessary appurtenance or device for a temporary or permanent
installation shall be rigidly attached to the hood or canopy in a
manner satisfactory to the Building Inspector. Swinging signs or accessories
are prohibited.
H.
Where a projecting sign is erected above a canopy or hood, it shall
not be attached to any accessory or ornament. Such sign shall be hung
independently of the canopy.
I.
A hood or canopy shall have gutters and conductors connected with
the sewer at the building, and any such canopy or hood shall be so
drained as not to discharge any water on the sidewalk or public highway
except as provided in the Plumbing Code.[1]
J.
A canopy or hood shall be built of incombustible material throughout
and shall be capable of resisting a superimposed load of 30 pounds
per square foot.
K.
A canopy or hood shall be suspended from the building with no supports
resting upon the sidewalk or public highway and must have the approval
of the Building Inspector with respect to design and materials of
construction.
A.
The requirements of this section shall apply to the outdoor portion
of all apparatus more than 12 feet in height used for receiving television
or radio waves.
B.
All television and radio antenna systems, including the supporting
tower or mast, shall be constructed of galvanized steel or other corrosive-resistant
incombustible material. Where approved by the State Department of
Safety and Professional Services, towers constructed of wood or wood
poles set in the ground may be used to support antenna systems, but
no wood tower or wood pole may be mounted on the roof of any building
or structure.
C.
The antenna and tower shall be designed to support the dead load
of the structure plus an ice load at least 1/2 inch in radial thickness.
The ice load shall be computed only upon the wires, cables, messengers,
and antenna.
D.
The tower or mast shall be braced or guyed and anchored to resist
a horizontal wind pressure of not less than 30 pounds for every square
foot (net area) of exposed surface. Guy wires shall not be anchored
to a chimney or to any roof ventilator or vent pipe.
E.
Antenna systems installed on the roof of a building shall be mounted
on an independent platform or base and anchored in place. The platform
or base of the tower shall be large enough to distribute the weight
of the structure over sufficient roof area so the roof construction
will safely support the weight of the structure in addition to the
required live and dead roof loads.
F.
All antenna systems shall be installed so that no part of the structure
will be nearer to a street, or other public thoroughfare, than the
height of the antenna as measured from its platform or base to the
topmost point. No wires, cables or guy wires shall extend over any
street or other public thoroughfare or over any electric power or
communication lines.
G.
Poles used for electric power or for communication lines shall not
be used for supporting or for guying any antenna system. Where antenna
installations are so located that damage will be caused to adjacent
power or communication lines by the falling of the antenna structures,
a separate safety wire shall be attached to the top of the tower and
secured in a direction away from the power or communication lines.
H.
Electric installations in connection with antenna systems, including
the grounding of the tower or mast, shall comply with the requirements
of the Wisconsin State Electrical Code.
I.
Earth satellite receiving antennas are permitted subject to the following
regulations established in compliance with the Federal Communications
Report No. DC-362 (Docket 85-87) dated January 14, 1986:
Refer to Chapter 229, Fences.
A.
Before construction of a swimming pool is started, a building permit
must be taken out accompanied by a plot plan showing size, location
and description of the property.
C.
Permanent pools shall maintain minimum side and rear yard setbacks
of 10 feet from adjoining property. Where necessary to keep ground
and fill from going on adjoining property, a permanent wall constructed
of concrete or masonry must be installed. Temporary and aboveground
pools shall have a side yard and rear yard setback of four feet from
adjoining property.
D.
Portable pools over 18 inches in depth must be drained, fenced, or
covered in such a manner as to provide public safety after each day's
use.
A.
Any open basement or basement excavation left unworked for a continuous
period of 60 days after the commencement of building or razing shall
constitute a nuisance, and the owner or contractor shall, within 48
hours after written notice by the Building Inspector, cause the basement
or basement excavation to be properly filled and leveled to the original
grade.
B.
Filling and debris on land or lots which is not leveled or removed
within 30 days after deposit of the same and which causes a public
nuisance or rodent harborage or prevents the unsightly growth of noxious
weeds from being cut shall constitute a nuisance, and the owner shall,
within 48 hours after written notice by the Building Inspector, cause
such lot to be cleaned and leveled.
C.
Any open basement or basement excavation in which one foot or more
of water is permitted to stand shall constitute a nuisance, and the
owner shall, within 48 hours after written notice by the Building
Inspector, cause the excavation or basement to be pumped dry.
D.
If the address of the owner or contractor cannot be ascertained with
reasonable diligence, the forty-eight-hour period set forth in this
section shall commence to run on the start of the day following two
successive publications of the notice in the official newspaper.
E.
Failure to comply with a notice of the Building Inspector shall be
cause to have the work done by the Village and the cost thereof charged
to the property or property owner.
A.
House numbering map. All lots and parts of lots in the Village of
Allouez shall be numbered in accordance with a certain map now on
file in the office of the Village Clerk-Treasurer, which is designated
"A House Numbering Map." All lots and parts of lots hereafter platted
shall be numbered to conform as nearly as possible to the general
scheme of numbering as outlined on such map.
B.
New buildings. The builder of or general contractor for new construction
of every house, dwelling and business establishment in the Village
of Allouez shall cause to be designated or attached to such structure,
within five feet of its front entrance, or directly above the garage
door of a garage which is attached to or a part of the main structure,
figures indicating the number of such structure.
C.
The owner of every house, dwelling and business establishment in
the Village of Allouez shall cause to be designated on or attached
to such structure, within five feet of its front entrance, or directly
above the garage door of a garage which is attached to or which is
a part of the main structure, and which faces the street upon which
such structure is located and to which such numbering pertains, figures
indicating the number of such structure and shall maintain such numbering
in a good state of repair and in attachment to said structure.
D.
Requirements. The figures which shall be used to indicate the number
of a structure shall be no less than three inches in height, shall
be clearly distinguishable from and of contrasting color to the color
and surface of the underlying structure, and shall be able to be clearly
read from a distance of 50 feet.
A.
Permits. No person, firm or corporation shall construct, install,
convert or otherwise modify any heating unit or central air conditioning
unit, or any appurtenance thereto, without first making written application
for and securing a permit from the Village Building Inspector. Such
application shall set forth the nature and extent of the work to be
performed and contain such information, specifications and/or drawings
as are required to show compliance with existing building, health
and fire codes. The Village Building Inspector shall promptly issue
a heating and air conditioning permit if the written application indicates
the proposed work meets requirements of state and local building,
health and fire codes.
B.
Inspection. Every person, firm or corporation engaged in the construction,
installation, conversion or modification of any heating unit or central
air conditioning unit or any appurtenance thereto, and each owner
and lessee of the premises upon which such construction, installation,
conversion or modification is being conducted, or any one of them,
shall notify the Building Inspector of completion of all portions
of such work which shall thereafter be concealed or covered and shall
not allow or permit further work to be done upon any portion which
is to be so subject to be concealed or covered until the same shall
be inspected and approved by the Building Inspector. As soon as reasonably
can be done after receiving such notification, the Building Inspector
shall inspect such construction, installation and work and shall approve
the same unless it is in violation of state or Village building, health
or fire codes, or jeopardizes the structural integrity of any structure
or dwelling, or adversely affects the health, safety or well-being
of any occupant of any such structure. If he does not approve such
work, the Building Inspector shall order the work stopped and post
a notice to this effect at the job site, and no further work shall
then be done, except for corrective work, until all violations have
been corrected and the work has been approved by the Building Inspector.
Construction site erosion control regulations are contained in Chapter 200, Construction Site Erosion Control, of this Code.
Any person who shall violate any provision of this chapter shall,
upon conviction, forfeit not less than $1 nor more than $10,000 for
each violation, together with the costs of prosecution, and in default
of the payment thereof shall be imprisoned in the county jail for
not to exceed 90 days or until such forfeiture and costs are paid.
Each violation and each day a violation continues or occurs shall
constitute a separate offense. This section shall not prevent the
Village from maintaining any appropriate action to prevent or remove
a violation of this chapter.
