Village of Whitefish Bay, WI Article I Uniform Dwelling Code

[Adopted as Rules 1 through 16 of the Codification]

§ 11-1 Uniform Dwelling Code.

[Amended by Ord. No. 1744; Ord. No. 1750; Ord. No. 1826]

A. The State of Wisconsin Administrative Code, Ch. SPS 322, Uniform Dwelling Code, as adopted and effective December 1, 1978, and Chs. SPS 320, 321, 323, 324 and 325, adopted and effective June 1, 1980, and all amendments thereto, is adopted and incorporated in this chapter of the Municipal Code by reference. For structures or portions thereof constructed before June 1, 1980, the Wisconsin Uniform Building Code, as amended, is adopted and incorporated into this chapter of the Municipal Code by reference and shall apply. In the event of any conflicts or inconsistencies between the requirements of this subsection and any other provision of the Municipal Code, such other provision of the Municipal Code shall control.

[Amended 2-26-2018 by Ord. No. 1838]

B. The Building Inspector and his delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code.

C. Before issuing a building permit or a heating permit, the owner or agent of the property shall pay the Village all minimum and any additional required fees, as set forth by the Village Board from time to time by resolution.

D. It shall be unlawful for any person to erect, use or maintain any building or structure in violation of any provisions of this Building Code or to cause, permit or suffer any such violation to be committed. Any person violating any provision of this chapter shall, upon conviction, be subject to a forfeiture of not less than $1 nor more than $1,500 pursuant to Chapter 17, Village Code and Ordinances, Article III, General Penalty, of this Code. It shall be the responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense.

E. It shall be unlawful to commence work prior to obtaining a permit. Double fees shall be charged if work is commenced prior to the issuance of a permit.

F. No inspection fee will be charged for any building or buildings owned by the Village of Whitefish Bay. Permits shall, however, be procured for such work.

G. "Structure" means any permanently installed, anchored or constructed building or contrivance, including, but not limited to, house, garage, shed or any play set exceeding 10 feet in height. Unless otherwise specified, structures which do not exceed 18 inches in height do not require a building permit.

H. Trellises and arbors that are structures may be placed in the front, side or rear yards of a property without Architectural Review Commission (ARC) review at the discretion of the Building Inspector. The owner of such trellis or arbor must obtain a building permit. Trellises and arbors must be comprised of at least 25% open surfaces, cannot be part of another structure (other than a fence) and may be subject to ARC review if, in the sole discretion of the Building Inspector, the arbor or trellis is substantially inconsistent in size or style with the structures on the property or in the design area.[1]

[Amended 2-4-2019 by Ord. No. 1848[2]]

[1] Editor's Note: See definition of "design area" in § 16-101E of the Municipal Code.

[2] Editor's Note: This ordinance also repealed Ch. 11, Rule 1, Section 7b of the Building Code, which immediately followed this subsection.

I. Building (additions and remodels) permits shall expire 18 months (24 months for new homes) after their issuance and shall be renewable for six-month periods upon payment of a new permit fee equal to the schedule listed below and upon a finding by the Building Inspector of good cause and no undue hardship on the neighborhood.

(1) Miscellaneous building permits (roofing, siding, decks, window, etc.) shall expire six months after issuance without any renewals.

(2) Mechanical permits (electrical, plumbing, HVAC) related to a building permit (additions and remodels) project shall expire when the building permit expires.

(3) Mechanical permits (electrical, plumbing, HVAC) not related to a building permit shall expire six months after issuance without any renewals.

(4) Renewal fees:

(a) Building.

[1] Passed building rough inspection: 50% of original permit fee.

[2] No passed building rough inspection: 75% of original permit fee.

(b) Electrical.

[1] Passed electrical rough inspection: 50% of original permit fee.

[2] No passed electrical rough inspection: 75% of original permit fee.

(c) Plumbing.

[1] Passed plumbing rough inspection: 50% of original permit fee.

[2] No passed plumbing rough inspection: 75% of original permit fee.

(d) HVAC.

[1] Passed HVAC rough inspection: 50% of original permit fee.

[2] No passed HVAC rough inspection: 75% of original permit fee.

(5) In the event that a permit has been expired for three months or longer, then extensions for all related permits for that project would be 100% of original permit fee.

(6) Working on a project with an expired permit is the same violation as working without a permit and is subject to current penalties.

(7) In no case shall the renewal fees be less than the current minimum fees for each permit. The renewal fee shall not be based on four times the fee.

§ 11-2 Duty of police.

It shall be the duty of all police officers to report at once to the Building Inspector any buildings within their respective districts at which building operations are being carried on without a building permit as required by this chapter.

§ 11-3 Concrete block construction requirement; exception.

In the construction of any dwelling every exterior wall, above grade, exposed to the weather, constructed of monolithic concrete or any type of concrete blocks shall be veneered with masonry materials or stuccoed. This section shall not apply to decorative architectural concrete block with integral coloring.

§ 11-4 Air-conditioning systems.

[Added 3-6-2006; re-created 9-2009; amended Ord. No. 1741; Ord. No. 1826; 10-3-2022 by Ord. No. 1896]

A. Use of sanitary sewers and Village water.

(1) No water- cooled air-conditioning or refrigeration system or unit shall be erected or installed in the Village of Whitefish Bay which discharges water received from any source into a sanitary sewer in the Village, and a discharge of water from any such system or unit shall be at least three feet from the nearest foundation walls of any building.

(2) In the event that it is necessary to restrict the use of water to adequately provide water for fire protection or sanitary use or because of breaks or other emergency, the Village President, Village Manager, Commissioner of Public Works, or the Chief of the Department of Public Safety may direct that air-conditioning and refrigeration units or systems stop using water from the Village distribution system. No water shall be taken from the Village distribution system for use in connection with an air-conditioning or refrigeration system or unit during the time such order is in effect.

B. Site plan; placement.

(1) A permit application for any part of an air-conditioning or refrigeration system, or for improvements that include any part of an air-conditioning or refrigeration system, may require a current, scaled site plan depicting all streets abutting the applicant's property, all lot lines of the applicant's property, all structures and proposed structures on the applicant's property.

(2) Where any part of an air-conditioning or refrigeration system is located outside of a building, the system may be placed in the rear yard or side yard, or as otherwise allowed by Subsection C. If placed in the rear yard, the system shall be placed out of the setbacks. When the system is placed in the side yard, systems must be placed within the property lot lines. Regardless of the location, decorative fencing, evergreen landscaping, or other appropriate screening must be employed at all times for the lifetime of the system to screen the installation from the street.

(3) An air-conditioning or refrigeration unit may be replaced:

(a) If it replaces, in the same location, a system of comparable tonnage (not to exceed a 1.5-ton increase) for which a variance or special exception was previously granted; or

(b) If it replaces, in the same location, a system of comparable tonnage (not to exceed a 1.5-ton increase) for which a permit showing the location was issued without a variance or special exception.

C. Installation of an exterior air-conditioning system in Districts 5, 6, and 11 may be made above the roof. Installation of an exterior air-conditioning system may be made on the roof of municipal buildings with approval of the Village Board. Installation of an exterior air-conditioning system may be made on the roof of school district buildings with the approval of the School Board.

D. This section shall not apply to window-mounted plug-in units.

E. Existing nonconforming systems. All persons who have air-conditioning systems which are in nonconformity with the requirements of this § 11-4 and for which a variance has not been granted, shall cause such systems to be converted, modified, moved, adjusted or otherwise made to comply herewith as follows:

(1) Installation of device necessary. If no structural or mechanical changes, or changes in location of exterior equipment, other than installation and/or adjustment of sound-deadening or deflecting devices be necessary, compliance shall not be later than June 1, 1969, after which date compliance shall be effected within 30 days after notification by the Building Inspector to correct.

(2) Structural or mechanical change or location change. If structural or mechanical changes, or change in location of exterior equipment be necessary, compliance shall be not later than June 1, 1969, after which date compliance shall be effected within 60 days after notification by the Building Inspector.

F. The Board of Appeals may grant special exceptions from the requirements of this § 11-4 pursuant to Chapter 16, Zoning, § 16-53C, Special exceptions.

§ 11-5 Liability not on Village.

This chapter shall not be construed as placing any liability on the Village of Whitefish Bay 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.

§ 11-6 Removal of building rubbish.

No person shall permit building rubbish or waste material from the construction, remodeling or the making of major or minor repairs upon any building, structure or premises in this Village to accumulate, but shall promptly remove the same from such building, structure or premises or from any street, alley or public grounds upon which such building rubbish or waste material is located.

§ 11-7 Private swimming pools regulated.

A. Definitions. A private swimming pool is an outdoor structure containing a body of water in an artificial or semi-artificial receptacle or other container, having a capacity for water exceeding 18 inches in depth at any point, located above or below the surface of the ground elevation, used or intended to be used by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structures, appurtenances, equipment, appliances and other facilities appurtenant thereto and intended for the operation and maintenance of a private swimming pool. Swimming pools within dwellings shall not be subject to the provisions of this section.

B. Permit required.

(1) Before work is commenced on the construction of a private swimming pool or any alterations, additions, remodeling or other improvements to a private swimming pool, a written permit shall be obtained from the Building Inspector.

(2) Incidental fencing, heating, plumbing or electrical work shall be subject to the provisions of the respective codes and require separate permits. Some major code requirements are listed for convenience, but are not limited thereto.

(a) Electrical.

[1] Grounding of reinforcing steel, wire mesh and all other mechanical devices is required.

[2] Location of pool not to be within 10 feet horizontally of any overhead electrical or telephone wiring.

[3] No electrical outlets permitted within 10 feet of the inside walls of the pool.

[4] Ground-fault-interrupting devices are required on pool lights and filter motor for aboveground pool, and for all outlets within 15 feet of inside walls of the pool.

[5] All electrical work must be performed by a Whitefish Bay licensed contractor.

(b) Plumbing requirements are to be found in Ch. SPS 382, Wis. Adm. Code. All plumbing work must be performed by a licensed plumber.[1]

[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]

[1] Editor's Note: Original Rule 7(B)(2)(c), referring to the Heating Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I).

C. Application for permit. Application for a permit to construct a private swimming pool or to alter, add to, remodel or improve a private swimming pool shall be in writing upon a form approved by the Building Inspector and shall be accompanied by a plot plan and the required fee paid with the filing of the application.

D. Setback and other requirements.

(1) The front, rear and side setback requirements for buildings referred to in the Zoning Code of this Village shall be complied with, and in addition thereto, the side and rear setbacks shall be increased one foot for each foot of depth of the pool in excess of three feet.

(2) Area of the pool shall not exceed 30% of the available front, rear or side yard area in which the pool is located, subject to the setback requirements of Subsection D(1) of this section.

(3) Every outdoor private swimming pool shall be completely surrounded by buildings and/or fencing at least 42 inches in height so constructed as not to be easily climbable by a child of tender years, and located a minimum distance of three feet from the pool wall water's edge. All fences required by this section shall be maintained as herein provided. Where the yard boundary is fenced in accordance with the requirements of this section, no additional fencing shall be required.

(4) All gates in such fence shall be equipped with self-closing and self-latching devices, which shall be located at the top of the gate to the pool side of the fence.

E. Drainage. Every private swimming pool shall be provided with suitable drainage in conformity with the Plumbing Code of this Village and approved by the Village Plumbing Inspector, and in no case shall any private swimming pool be drained into the Village sanitary sewer system nor onto lands of other property owners in the vicinity.

F. Noise. It shall be unlawful for any person to make, continue or cause to be made or continued at any swimming pool or family pool and loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of a private swimming pool, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the swimming pool or family pool premises shall be unlawful.

G. All private outdoor swimming pools, whether constructed before or after the effective date of this section, shall comply with the provisions of Subsection D(3) and (4) and Subsection E.

H. Separability. If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

§ 11-8 Plans for parking lots or facilities.

In District No. 6, in connection with the building, enlarging or altering of any structure where a parking lot or parking facilities are contemplated, the owner shall furnish to the Village Plan Commission, in addition to other plans and specifications required by this article, detailed plans for such parking lots or parking facilities, with inlet and outlet locations, and such plans must be approved by said Commission before the issuance of a building permit.

§ 11-9 Certain actions prohibited when excavating for substructures.

The dropping of heavy weights or frost breakers to facilitate the excavation for substructures or for general demolition purposes is prohibited.[1]

[1] Editor's Note: Original Rule 10, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I).

§ 11-10 Closure of underground storage tanks.

[Amended by Ord. No. 1550]

A. The closure of underground storage tanks shall be in accordance with Wisconsin Administrative Code.

[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]

B. The procedure referred to in Subsection A shall not affect underground storage tanks which were previously lawfully abandoned, providing that there was full compliance with the then applicable rules or regulations.

§ 11-11 Storage of certain flammables.

A. No storage of gasoline shall be permitted either above ground or below ground, exterior to any building in Zoning District 1, 2, 3, 4a, 5, 7 or 8, nor in Zoning District 9 unless specifically approved therein by the Village Board as a part of a planned development.

B. Interior building storage shall be in accordance with the rules and regulations contained in the Flammable Liquids Code, Chapter ATCP 93, Wis. Adm. Code.[1]

[1] Editor's Note: Original Rule 13, which immediately followed this subsection, was repealed by Ord. No. 1541.

§ 11-12 Flag poles.

[Amended by Ord. No. 1327]

No freestanding flag pole shall be erected in Zoning District 1, 1a, 2, 3 or 5 after December 17, 1984, except in conformity with the following:

A. No more than one free standing flag pole shall be permitted for each residential site.

B. No flag pole shall exceed 30 feet in height.

C. No flag pole shall be erected within 15 feet from any overhead electric wires.

D. No flag pole shall be erected within six feet of the front property line or within three feet of the side or rear property lines.

§ 11-13 Carports.

[Amended by Ord. No. 1429]

No carport shall be erected in the Village of Whitefish Bay. A carport is an accessory building designed and used primarily for the storage or keeping of passenger automobiles but which may also be used for the keeping of chattels customarily and ordinarily owned and used by the occupant, which building is not completely enclosed by walls, windows, doors and roof.

§ 11-14 Generators.

[Amended by Ord. No. 1765]

A. Permits. Permitted generators shall be subject to this section and are excluded from the requirements of Chapter 16, Zoning, with regard to the placement of structures. One natural gas generator of up to 60 kilowatts may be permitted for each commercial structure (including Districts 4 and 4a) and 40 kilowatts may be permitted for each residential structure subject to this section by application to the Building Inspector setting forth the type and proposed location of the generator. One natural gas or fuel oil government-owned generator may be permitted of up to 200 kilowatts for each government owned or operated facility in the Village.

B. Prohibition. Permanently installed propane, diesel, fuel oil, or natural gas generators for the generation of electricity shall be prohibited within the Village of Whitefish Bay unless they are permitted under this section. Generators in violation of this section shall be removed by order of the Building Inspector. "Permanently installed" means having a permanent connection to the electrical system of a structure, being permanently attached to the ground or a structure, or being permanently connected to a fuel supply (i.e., diesel, fuel oil, gasoline, propane, or natural gas).

C. Enclosures. Permitted generators in the Village shall be provided with a sound-attenuating enclosure, which enclosure shall receive prior approval from the Building Inspector prior to the installation of the generator.

D. Placement.

(1) Where any part of a permitted generator is located outside of a building, the unit shall be placed in a rear yard (as defined by the Zoning Code regarding air conditioners) at least 20 feet from any dwelling located on an adjoining property, and shall comply with the rear and side setback requirements of the zoning regulations of this Village.

(2) In no event shall a generator be placed at a distance from the structure it serves which is less than a 3 to 1 ratio of the distance to the nearest dwelling located on an adjoining property. The exhaust of the unit shall be directed away from the nearest adjacent residence. The Building Inspector may issue a permit only for a generator which satisfies the requirements of this section.

(a) The Building Inspector shall inspect all permitted generators after installation for compliance with this section and any permit issued.

(b) The Zoning Board of Appeals may grant special exceptions from the requirements of this subsection pursuant to Chapter 16, Zoning, § 16-53C, Special exceptions. In such proceedings, the burden of proof shall be on the petitioner.

E. Sound control. Any permitted generator, and its sound-attenuating equipment, shall be maintained in proper operating condition to minimize noise which may disturb the comfort, quiet or repose of persons in the vicinity thereof. In no event shall a generator emit sound exceeding 70 decibels at the property line.

F. Business district. Installation of a permitted generator in the business district, where no rear yard is available, may be made on the roof, provided the setback and exhaust direction requirements of this section are satisfied.

G. Portable generators. This section shall not apply to portable generator sets which are not permanently installed, except that such generators may only be operated during those periods in which an off-site source of electricity is not available.

H. Existing nonconforming generators. All persons who have propane, diesel, fuel oil, gasoline, or natural gas driven generators which are in nonconformity with the requirements of this section as of the date of its enactment shall cause such generators to be converted, modified, moved, adjusted or otherwise made to comply herewith as follows:

(1) Compliance date. If no structural or mechanical changes or changes in location of exterior equipment other than installation or adjustment of sound attenuation devices are necessary, compliance shall be no later than December 31, 2001, after which date compliance shall be attained within 30 days after notification by the Building Inspector to correct.

(2) Structural or mechanical change or location change. If structural or mechanical changes or changes in location of exterior equipment are necessary, compliance shall be no later than December 31, 2001, after which date compliance shall be effected within 60 days after notification by the Building Inspector.

I. Appeal to the Zoning Board of Appeals. Any person feeling him or herself aggrieved by the issuance by the Building Inspector of a permit for the construction, erection or installation of a generator as required by this section may appeal in writing to the Zoning Board of Appeals within 30 days of the issuance of said permit. The Zoning Board of Appeals shall conduct a hearing at which the burden of proof shall be on the applicant to show that the proposed location of such generator will be in harmony with the purpose of this chapter as to aesthetics, noise and impact on neighbors relative to the impact on the applicant. Appeal of the issuance of a permit shall suspend the issuance of said permit until the completion of Board of Appeals proceedings. Said Zoning Board of Appeals shall file a report of its findings and determination affirming, overriding or amending the permit within 10 days thereafter in the office of the Village Clerk-Treasurer.

J. Government-owned generators. Government-owned generators are defined as those generators owned and operated by the Village, the Whitefish Bay School District, the North Shore Fire Department, and the Milwaukee Metropolitan Sewerage District.

K. Time of operation. Permitted generators may be operated for testing or maintenance no more than once per week for no more than 60 minutes. Such testing and maintenance may only take place between the hours of 10:00 a.m. and 4:30 p.m. unless otherwise authorized or ordered by the Building Inspector to accommodate neighbors. Permitted generators may be operated for the generation of electricity only during those periods in which an off-site source of electricity is not available. Permitted generators may not be operated for any other purpose.