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Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[Adopted 3-17-1956; as amended through 11-11-1992]
A. 
Purpose. This code establishes uniform standards regulating the construction and alteration of buildings and structures in order to promote the health, safety and general welfare of the citizens of the Village of Elm Grove. It includes standards for moving and razing buildings, establishing grade elevations, filling and excavating land and regulating the areas of yards, courts and other open spaces. The code also creates the office of Building Inspector and outlines his or her duties.
B. 
Scope. This code shall apply to new buildings or structures and additions or alterations hereafter erected or undertaken in the Village of Elm Grove.
C. 
Interpretation. The provisions of this code shall supplement any laws and regulations of the State of Wisconsin and orders, rules and regulations of the Department of Commerce relating to buildings. Where the requirements of the state code, the orders, rules and regulations of the Department and the provisions of the code conflict, the stricter requirements shall govern.
D. 
Legal responsibility. The Village of Elm Grove shall not assume legal responsibility for the design, construction or modification of any building or structure.
A. 
Office created. There is hereby created the office of Building Inspector. The Building Inspector and Deputy Inspector, if any, shall be appointed by the Village Manager pursuant to Chapter 54, Article II, the Village Manager Charter Ordinance.
B. 
Powers and duties. The Building Inspector shall enforce all ordinance provisions relating to buildings and structures and shall inspect all buildings or structures being erected or altered.
(1) 
The Building Inspector shall have the power to order all work stopped during construction, alteration or repair involving any building or structure when such work is being done in violation of any provision of the code. The work shall not be resumed except upon written permission of the Building Inspector.
(2) 
Right of entry.
(a) 
The Building Inspector shall have the power to make or cause to be made any entry into any building or premises where the work of altering, repairing or constructing any building or structure is occurring to make an inspection at any reasonable hour.
(b) 
The Building Inspector is deemed a peace officer for the purposes of applying for, obtaining and executing special inspection warrants under §§ 66.122 and 66.123, Wis. Stats.
(3) 
A duly issued occupancy permit shall be required for any building or premises which constitutes entirely new construction or for any commercial building or premises to which alterations or additions have been made. The Building Inspector shall have exclusive authority to issue occupancy permits.
C. 
Compensation. The Building Inspector shall be compensated from a portion of the fees provided for in § 106-8 of this article. The portion shall be established by the Village Board. The fees shall be deposited with the Village Treasurer, who shall pay the Building Inspector the established portion. All supplies necessary for the Building Inspector to perform his or her duties shall be provided by the Village.
D. 
Qualifications. The Building Inspector shall be certified for the purposes of administering and enforcing this code pursuant to Wisconsin Administrative Code Section IND 20.10.[1]
[1]
Editor's Note: Former § 3.02(e), Removal, which immediately followed this subsection, was deleted 12-11-2000.
A. 
Applications. No person shall erect, construct or alter any building or structure, or move or raze any building or structure, or cause the same to be erected, constructed or altered, without first having obtained a building permit from the Building Inspector. A permit shall be required for changes involving electrical, plumbing, heating, ventilating, air-conditioning, fire alarm system and sprinkler/suppression system work, although repair work resulting in no structural or exterior alterations is exempt from this permit requirement.
[Amended 12-18-2007]
(1) 
The application shall be made in writing to the Building Inspector's office on an appropriate form provided by that office. Except as otherwise provided in this section, every application shall include a description of the land upon which the proposed building is to be constructed or altered and a plot plan.
(2) 
The description of the land may be by lot, block, tract or similar description that will readily identify and indicate the location of the proposed building or work.
(3) 
The plot plan shall consist of a certified survey of the parcel on which the building or structure is to be located, showing the location of the proposed building and every existing building, the setbacks of the building to be constructed or altered, the setbacks of any buildings or structures on adjoining parcels, the existing grade elevations before construction at the corners of the parcel and the general plan for landscaping and the proposed ground grade, including such grade at the front door and at the intersection of all exterior walls of all structures. The plot plan shall also indicate the location of all trees which are greater than six inches in diameter on Village property between the edge of the parcel and the traveled portion of any adjoining highway and the location and depth of any ditches or culverts along with the route of any permanent or intermittent drainage course.
(4) 
Every application shall show the use or occupancy of all parts of the building.
(5) 
Plans and plot plans shall be drawn to scale on substantial paper or cloth. The essential parts shall be drawn to a scale of not less than 1/8 inch to one foot. The drawing shall clearly indicate the nature and character of the work proposed. Computations, strain sheets, stress diagrams and other data necessary to show the correctness of the plans shall accompany the plans and specifications when requested by the Building Inspector.
(6) 
Any specifications that "work shall be done in accordance with the Building Code" or that "work shall be done to the satisfaction of the Building Inspector" shall be considered incomplete. Every reference to this code shall be to the section or subsection applicable to the material to be used or to the method of construction proposed.
(7) 
Exceptions. In the case of additions or alterations to existing buildings, the requirement for a certified survey may be waived by the Building Inspector if he or she determines that a sketch of the plot plan is sufficient to indicate the setbacks of the additions or alterations. The Building Inspector may also authorize the issuance of a permit without plans and specifications for work costing less than $1,000 if the work is sufficiently described in the application. These exceptions do not affect the requirement for approval of the Building Board under Chapter 7, Article I.
B. 
Owner's privilege. A property owner may personally perform electrical, heating, ventilating and air-conditioning work in his or her own single-family residence owned by and occupied by or to be occupied by him or her as a permanent residence, provided that said owner shall:
(1) 
Apply for and secure a permit in accordance with this article.
(2) 
Pay the required fees.
(3) 
Perform the work himself or herself in accordance with this article.
(4) 
Apply for inspection.
(5) 
Receive the approval of the Building Inspector.
C. 
Filing. The application and plot plan and copies of the plans and specifications for the proposed work shall be filed in triplicate with the Building Inspector.
D. 
Issuance of permit.
(1) 
The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Board and the Building Inspector. If they are found to conform to the requirements of this code and all other applicable laws or ordinances, the Building Inspector shall, upon receipt of the required fee by the Village, issue a permit.
(2) 
When the Building Inspector issues the permit, he or she shall endorse or stamp all sets of plans and specifications "conditionally approved." One set shall be retained by the Building Inspector and one set shall be returned to the applicant, who shall keep the permit at the work site at all times while the work authorized is in progress and make it available for inspection. The third set shall be kept on file in the Village Hall.
(3) 
The approved plans shall not be changed, modified or altered without permission from the Building Inspector. In all cases where changes, modifications or alterations occur, final as-built plans shall be filed before the issuance of an occupancy permit.
(4) 
No permit shall be transferred from one applicant to another except as approved by the Building Inspector.
E. 
Refusal to issue permit.
(1) 
The Building Inspector may refuse to issue a permit if the applicant has been guilty of continued or willful violations of the Building Code, this chapter or other chapters of the Code.
[Amended 9-24-2013]
(2) 
The Building Inspector may refuse to issue a permit allowing the construction or alteration of a building if he or she determines that the proposed construction does not comply with any applicable Building Code provision.
(3) 
No permit shall be issued for the construction of a building or structure until a driveway or access route and culvert as approved by the Village of Elm Grove Department of Public Works from the traveled portion of the highway has been installed to the work site. If the driveway or access route is accomplished by a culvert of 18 inches or more in diameter, a head wall surrounding the culvert shall be constructed in a manner to be approved by the Public Works Director.
(4) 
An applicant that has any outstanding order, or notice, or unpaid fee or forfeiture, relative to this chapter or other chapters enforced by the Village shall not be issued any permit, prior to such order, or notice, or unpaid fee or forfeiture being paid or corrected to the Building Inspector’s satisfaction. The Building Inspector may issue a permit to an applicant with an outstanding order, or notice, when such a permit is required to satisfy any outstanding order or notice.
[Added 9-24-2013]
F. 
Revocation of permits. The Building Inspector, with the concurrence of the Zoning Administrator, may revoke any issued permit and may stop business use, construction, demolition or use of approved materials, equipment, methods of construction, devices or appliances for any of the following reasons:
[Added 9-24-2013[1]]
(1) 
When there is a violation of any regulation of this Code or of any other ordinance, law or lawful order or Wisconsin Statute relating to the same subject matter;
(2) 
When the continuance of any construction or demolition becomes dangerous to life or property;
(3) 
When there is any violation of any condition or provision of any issued permit;
(4) 
When there is inadequate supervision, based upon required standards, provided on the job site;
(5) 
When any false statement or misrepresentation has been made in the application for permit, plans, drawings, data, specifications or certified lot or plot plan on which the issuance of the permit or approval was based;
(6) 
When there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of any new materials, building equipment, methods of construction or devices.
(7) 
When the property owner fails to allow reasonable inspections of the property;
(8) 
When any conditions of approval from Village boards and committees are not being met for the building site or structure.
[1]
Editor's Note: This ordinance also renumbered former Subsections F, G and H as Subsections H, I and J, respectively.
G. 
Notice for revoking a permit shall be in writing and shall be served upon the applicant for the permit or owner of the premises, as follows:
[Added 9-24-2013]
(1) 
A revocation placard shall be posted on the building structure, equipment or premises in question by the Building Inspector.
(2) 
After the notice is served upon the aforementioned persons and posted, it shall be unlawful for any person to proceed thereafter with any, construction or demolition activity on the premises and the permit which has been so revoked shall be null and void.
(3) 
Before any construction or demolition activity may be resumed, a new permit, as required by this Code, shall be procured and fees paid. Thereafter, the resumption of any construction or demolition shall be in compliance with this Code.
H. 
Time for completion. After a building permit for construction or alteration of a building has been issued, the building or structure shall be completed according to the approved plans within 24 months.
[Amended 12-11-2000; 9-27-2005]
(1) 
Grading, driveways and parking surfaces for all residential, commercial and industrial sites shall be completed according to the approved plans and the provisions of this code within six months after the occupancy permit has been issued or permit completion, whichever occurs first.
(2) 
The landscaping of any building or premises in the Village of Elm Grove shall be completed within six months after the occupancy permit has been issued or permit completion, whichever occurs first.
(3) 
Every permit issued by the Building Inspector under the provisions of this code shall expire by limitation and become null and void if the building and work authorized by such permit are not commenced within 60 days from the date of such permit or if the building and work authorized by such permit are not completed within 24 months from the date of the issuance of said permit. For purpose of this chapter, “permit completion” shall mean complete enclosure of the exterior of the structure (including but not necessarily limited to the complete installation of siding material, windows, roofing and primary ingress/egress features). Upon expiration of any legally issued building permit, the owner shall make application for a permit extension, and the Building Inspector shall issue a permit extension upon complete payment of the proper fee as determined by resolution of the Board of Trustees. All fees are nonrefundable.
(4) 
Failure of any builder or property owner to request the final inspections within 10 working days of completion shall result in a penalty charged to the permit holder in an amount equal to the original permit fee, paid prior to the final inspection.
I. 
Penalty. Any person, firm or entity that violates the provisions of this code shall be subject to the penalties provided in § 106-9.
[Amended 9-24-2013]
J. 
Code of conduct signs required. No person shall be issued a building permit for the demolition, construction, and/or modification of the exterior of any structure within the Village unless such person has first purchased a demolition and construction code of conduct sign from the Zoning Administrator as required under the provisions of § 335-42B(3). The fee for code of conduct signs shall be approved by resolution from time to time as established by the Village Board. Failure to obtain and/or display said sign throughout the course of demolition, modification, and/or construction shall constitute a violation of this chapter and, in addition to all other applicable penalties, shall be grounds for the issuance of a stop-work order.
[Added 4-22-2003; amended 6-22-2010]
[Amended 12-11-2000; 7-26-2005]
A. 
The following Wisconsin Administrative Codes, their referenced codes and standards, and subsequent revisions are adopted for municipal administration and enforcement by the Building Inspector: § SPS 302.31, Plan Review Fee Schedule; Chapter SPS 305, Credentials; Chapter SPS 316, Electrical Code; Chapters SPS 320 through 325, Uniform Dwelling Code; Chapters SPS 361 through 366, Commercial Building Code; Chapters SPS 375 through 379, Buildings Constructed Prior to 1914; and Chapters 381 through 387, Uniform Plumbing Code.
[Amended 3-28-2016]
B. 
All buildings except one-and two-family dwelling units must satisfy the requirements of the Wisconsin Administrative Code Chapters SPS 360 through SPS 365 (Building and Heating, Ventilating, and Air-Conditioning Code).
[Amended 12-18-2007; 6-27-2016]
C. 
For the purposes of this section, the standards contained in the Wisconsin Uniform Dwelling Code shall be expanded to apply as the standards for construction of the following:
(1) 
Basement renovations for homes built prior to June 1, 1980 that have a ceiling height on average of less than seven feet may be issued a building permit for improvements to a finished ceiling height of not less than six feet eight inches for a minimum of 50% of the floor area as referenced in the Wisconsin Building Code Sec. VII A(3).
[Amended 8-28-2017]
(2) 
Detached accessory buildings 150 square feet or more in size.
[Amended 12-18-2007]
(a) 
Grade-beam slabs are required for detached accessory buildings 150 square feet or more in size with a continuous floating slab of reinforced concrete. Slab shall not be more than four inches in thickness. Reinforcement shall be a minimum of six by six, number ten wire mesh or by using 1.5 pounds of fiber mesh per cubic yard of concrete with varying fiber mesh lengths. The slab shall be provided with a thickened edge all around, 12 inches wide and 12 inches below the top of the slab. A granular base of at least four inches in thickness shall be installed below the slab.
(b) 
The requirements of § 106-4C(2)(a) shall apply to all detached accessory building concrete slabs constructed after the effective date of this section.
A. 
Permit. Before moving any building, its owner shall apply to the Building Inspector for a permit.
(1) 
The application shall specify the following:
(a) 
The character and size of the building to be moved.
(b) 
The reason for such moving.
(c) 
The use, purpose and occupancy for which said building or structure is to be used.
(d) 
The location from which and to which said building is to be moved.
(e) 
A plot plan showing the proposed location of the building upon the property to which said building is to be moved, provided said location is in the Village.
(f) 
The streets on, over or through which it is desired to move said building.
(g) 
Whether the building conforms to the zoning laws in the location to which it is to be moved.
(2) 
The issuance of the permit shall be conditioned upon a written agreement that the applicant will save and indemnify judgments, costs and expenses which may in any way accrue against the Village and hold the Village harmless against all liabilities, judgments, costs and expenses which result from granting such permits.
B. 
Conditions.
(1) 
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. The removal of a building shall be continuous during all hours of the day and 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 or road crossing or intersection or so near thereto as to prevent easy access to any fire hydrant. The building shall be appropriately lighted for public safety if the moving continues during evening or night hours.
(2) 
The owner shall deposit cash with the Village in whatever sum is reasonably deemed appropriate by the Village Manager in consultation with the Public Works Director, taking into consideration the following factors without limitation: distance of move, weight of structure and condition of roadways. The moving contractor shall deliver a certificate of insurance evidencing liability coverage in an amount not less than $500,000 for liability associated with any acts or omissions of the mover or its agents or employees during the move.
[Amended 12-11-2000]
C. 
Damage. Within one day after the moved building reaches its destination, the permittee shall notify the Building Inspector, who shall instruct the Public Works Director to inspect the route traveled. He or she shall determine whether any damage has occurred to streets, road crossings, intersections, trees or shrubs, poles, wire cables or other equipment belonging to the Village. If any damage has resulted, the permittee shall, within 10 days, pay to repair the damage following notice from the Village.
A. 
The Village Board or the Building Inspector of the Village of Elm Grove may order the owner of premises upon which is located any building or part thereof within said Village which, in the Village Board's or Building Inspector's judgment, is so old or 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 or, where there has been a cessation of normal construction of any building or structure beyond the end of the time period allowed under § 106-3F herein, to raze and remove such building or part thereof.
(1) 
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 or her 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, the order may be served by posting it on the main entrance of the building and by posting for 14 days at least 10 days before the time limit in the order commences to run.
[Amended 4-22-2008]
(2) 
The owner or contractor razing any building in the Village shall file a performance bond of not less than $50,000 prior to the issuance of any such permit.
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 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. When any building has been ordered razed and removed under said contract or arrangement aforesaid, the Building Inspector or the Village Board may sell the salvage and valuable materials at the highest price obtainable. 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.
C. 
If any building ordered razed or made safe and sanitary by repairs contains personal property or fixtures which will unreasonably interfere with the razing or repair of the building making necessary the removal, sale or destruction of such personal property or fixtures, the Building Inspector may order in writing the removal of such personal property or fixtures by a certain date. Such order shall be served as provided in Subsection A. If the personal property or fixtures or both are not removed by the time specified, the Building Inspector may store the same or may sell them, or if they have no appreciable value the Building Inspector may destroy the same. In case the property is stored, the amount paid for storage shall be a lien against such property and against the real estate and shall be assessed and collected as a special tax against the real estate if the real estate is owned by the owner of the personal property and fixtures. If the property is stored, the owner thereof, if known, shall be notified of the place of its storage and, if it is not claimed by the owner, it may be sold at the expiration of six months after it has been stored.
D. 
Where any building has been ordered razed or made safe and sanitary by repairs by the Building Inspector and the same shall have been razed or demolished pursuant to said order by the owner of the premises upon which such building was located, such owner shall remove from such premises any debris or unsightly construction materials resulting from such razing or demolition within a period of 90 days from the commencement of such razing or demolition. Accumulations of unsightly construction materials and debris shall be deemed to be those which, in the opinion of the Building Inspector, if permitted to continue to be present on said premises, would cause a substantial depreciation in the property values in the immediate neighborhood of such premises.
A. 
It shall be unlawful for any excavation for building purposes, whether or not completed, to be left open for more than six months without proceeding with the erection of a building thereon. In the event any such excavation, whether or not completed, remains open for more than six months, the Building Inspector shall order that the erection of a building on the excavation begin forthwith or in the alternative that the excavation be filled to grade. The order shall be served upon the owner of the land or his or her agent and upon the holder of any encumbrance of record in the manner provided in § 106-6A. If the owner of the land fails to comply with the order within 15 days after service thereof upon him or her, the Building Inspector shall cause the excavation to be filled to grade and the cost shall be charged against the real estate in the same manner provided in § 106-6B.
B. 
It shall be unlawful for the owner of any lot to have fill placed upon the lot and to leave fill ungraded and unleveled and unlandscaped for more than six months. It shall also be unlawful to grade, plow, excavate or level any lot and leave said lot unlandscaped for more than six months.
C. 
A permit shall be issued by the Building Inspector prior to the filling, grading or leveling of any lot. The Building Inspector shall require a plot plan to be submitted to the Village showing the existing and the proposed elevations of the lot and the manner in which surface drainage shall be handled. Lot grades shall be approved by the Village Engineer.
[Amended 3-28-2016]
Building permit fees and plan review fees shall be as determined by resolution of the Board of Trustees.
[Amended 12-11-2000; 7-26-2005; 9-27-2005]
A. 
It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, demolish, convert, equip, use or occupy or maintain any building or structure in the Village of Elm Grove contrary to or in violation of any provisions of this code or to cause, permit or suffer the same to be done.
B. 
Any person violating any provisions of this code shall be subject to a violation for each and every day or portion thereof during which any violation of any provision of this code is committed, continued or permitted, and, upon the conviction of any such violation, such person shall be subject to a penalty as provided in § 1-16 of this Code.
C. 
The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any provision of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorizes is lawful.
D. 
The issuance of a permit upon plans and specifications shall not prevent the Building Inspector from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinance of the Village of Elm Grove.
E. 
It shall be the duty of the Police Department to assist the Building Inspector and to report any building operations it believes are being carried on in violation of this article.
[Amended 12-11-2000]
Any person who has been denied a building permit by the Building Inspector may appeal that decision to the Board of Appeals.