The jurisdiction of this chapter shall include all lands and waters within the corporate limits of the city.

(Ord. No. OR98-24, § I(106.0201), 10-26-1998)

No structure, land or water shall hereafter be used and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered except in conformity with the regulations specified in this chapter for the district in which it is located.

(Ord. No. OR98-24, § I(106.0202), 10-26-1998)

Unless specifically exempted by law all cities, villages, towns and counties are required to comply with this chapter and obtain all required permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the state department of transportation are exempt from compliance when Wis. Stats. § 30.12(4)(a) applies.

(Ord. No. OR98-24, § I(106.0203), 10-26-1998)

The city building inspector is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the building inspector shall be to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter. The building inspector shall further:

(1)

Maintain records of all permits issued, inspections made, work approved and other official actions.

(2)

Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered or improved in the floodland districts.

(3)

Inspect all structures, lands and waters as often as necessary to ensure compliance with this chapter.

(4)

Investigate all complaints made relating to the location of structures and the use of structures, lands and waters; give notice of all violations of this chapter to the owner, resident, agent or occupant of the premises; and report uncorrected violations to the city attorney in a manner specified by him.

(5)

Assist the city attorney in the prosecution of chapter violations.

(6)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.122.

(7)

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

(8)

Request assistance and cooperation from the city police department and city attorney as deemed necessary.

(9)

Attend all meetings of the city plan commission and the city zoning board of appeals.

(10)

Make available to the public, to the fullest extent possible, all reports and documents concerning the city's comprehensive plan and ordinances. In addition, information in the form of reports, bulletins, maps and engineering data shall be readily available and widely distributed. The city plan commission may set fees necessary to recover the cost of providing information to the public. Where useful, the zoning administrator or his agent may set marks on bridges or buildings or other markers which show the depth of the 100-year recurrence interval flood; or may set marks delineating the boundaries of wetlands.

(11)

Perform the duties assigned by the common council.

(Ord. No. OR98-24, § I(106.0204), 10-26-1998)

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged or structurally altered until after the owner or his agent has secured a building permit from the building inspector, unless otherwise exempted pursuant to section 106-41. Application for a building permit shall be made in duplicate to the building inspector on forms furnished by the building inspector and shall include the following, where required:

(1)

Name and addresses of the applicant, owner of the site, architect, professional engineer and contractor.

(2)

Description of the subject site by lot, block and recorded subdivision or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor, or sketch drawn to scale and approved by the zoning administrator, showing the location, boundaries, dimensions and elevations to city datum, uses and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; and existing and proposed street, side and rear yards. In addition, the plat of survey or sketch shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site.

(4)

Proposed sewage disposal plan. All new developments must hook up to the city's municipal sewage system. If municipal sewerage service is not available, this plan shall include a copy of the permit issued by [the city for] the absorption sanitary sewage disposal system or other appropriate means of waste disposal. The city engineer shall certify that satisfactory, adequate and safe sewage disposal is possible on the site as shown in the private sewage disposal plan.

(5)

Proposed water supply plan. All new developments must hook up to the city's municipal water system. If municipal water service is not available, this plan shall be in accordance with Wis. Admin. Code ch. NR112, and shall be approved by the city engineer, who shall certify in writing that an adequate and safe supply of water will be provided.

(6)

Condominium declaration. Any developer of land in the city who elects to create a condominium, pursuant to Wis. Stats. ch. 703, shall submit a copy of the condominium declaration, and any amendment thereto, to the building inspector to be attached to the file copy of the building permit application.

(7)

Additional information as may be required by the city plan commission, city engineer and building inspector.

(Ord. No. OR98-24, § I(106.0205), 10-26-1998)

A building permit shall be granted or denied in writing by the building inspector within 30 days after application. All conditional use permits shall be granted or denied in accordance with section 106-118 within 60 days after application. The permit shall expire within six months unless substantial work has commenced, and within 18 months if the structure for which the permit was issued is not substantially completed. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(Ord. No. OR98-24, § I(106.0206), 10-26-1998)

(a)

No vacant land shall be occupied or used, and no building or premises shall be erected, altered or moved, or create a change in use, and no nonconforming use shall be maintained, renewed, changed or extended until a certificate of compliance shall have been issued by the building inspector. Such certificate shall show that the building or premises, or part thereof, is in compliance with the provisions of this chapter. Such certificate shall be applied for at the time of occupancy of any land and/or building.

(b)

No land within the floodplain districts shall be developed, occupied or used, and no structure hereafter erected, altered or moved shall be occupied until the applicant submits to the building inspector a certification by a registered professional engineer or land surveyor that the floodland regulations set forth in this chapter have been fully complied with. Such certification shall include the first floor and basement floor elevations of any structure erected on the site.

(c)

No building located in a commercial or industrial district and used for business or industrial purposes shall be occupied by a new tenant or a new owner, or shall have the use changed without the issuance of a new certificate of compliance by the building inspector. Such certificate shall show that the building or premises or part thereof is in compliance with the provisions of this chapter, uniform dwelling code, electrical code, fire prevention code and the plumbing code of the city and state. Such certificate for the occupation of a previously existing building by a new tenant or use shall be applied for at the time of any remodeling of the building or prior to the occupancy for the new use or by the new owner. Application for a certificate of compliance shall be made in the same manner as for a building permit pursuant to section 106-41.

(Ord. No. OR98-24, § I(106.0207), 10-26-1998; Ord. No. OR09-15, § I, 9-28-2009)

Provisions relating to conditional use permits are found in article V of this chapter.

(Ord. No. OR98-24, § I(106.0208), 10-26-1998)

Provisions relating to sign permits are found in article VIII of this chapter.

(Ord. No. OR98-24, § I(106.0209), 10-26-1998)

It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal or county agency. This includes, but is not limited to, a water use permit pursuant to Wis. Stats. ch. 30 or a wetland fill permit pursuant to section 404 of the Federal Water Pollution Act.

(Ord. No. OR98-24, § I(106.0210), 10-26-1998)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The city building inspector, in applying the provisions of this section, shall, in writing, recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the city plan commission may affirm, modify or withdraw the determination of unsuitability. In addition:

(1)

All lots shall abut upon a public street, and each lot shall have a minimum frontage at the road right-of-way of not less than 40 feet unless otherwise set forth in this chapter.

(2)

All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot in single-family and two-family residential districts. The plan commission may permit more than one structure per lot in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.

(3)

No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(4)

Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

(Ord. No. OR98-24, § I(106.0211), 10-26-1998)

The following use restrictions and regulations shall apply:

(1)

Principal uses. Only those principal uses specified for a district, their essential services, and the uses described in this section shall be permitted in that district.

(2)

Accessory uses and structures. Accessory uses and structures are permitted in any district as follows: the principal structure is present; (ii) the principal structure is under construction; or (iii) upon public hearing and approval by the city plan commission, if the city plan commission believes, in its sole discretion taking into consideration the land use plan intended by these articles and under other applicable law, that the principal structure shall be built within five years of the date of the commencement of such accessory use or structure. Any approval of an accessory use or structure by the city plan commission as provided in (iii) above shall likewise include reasonable provisions, conditions, and/or enforcement to insure that the principal structure is ultimately built as indicated.

(3)

Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing and approval by the city plan commission in accordance with article V of this chapter. Any development within 500 feet of the existing or proposed rights-of-way, an interstate highway and controlled access traffic ways and within 1,500 feet of their existing or proposed turning lane rights-of-way shall be deemed to be conditional uses. Such development shall be specifically reviewed and approved by the city plan commission as provided in article V of this chapter.

(4)

Home occupations and professional home offices. Home occupations and professional home offices are permitted accessory uses in any residential district not requiring a building permit, provided that:

a.

No traffic shall be generated by the home occupation, professional home office or professional office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of the home occupation, professional home office or professional office use shall be provided off the street and other than in the required street yard.

b.

No outdoor storage of equipment or product shall be permitted without prior approval.

c.

Home occupations, which comply with the conditions set forth in this section, may include, but are not limited to, babysitting, canning, crafts, desktop publishing and other computer services, dressmaking, laundering, millinery, piano teaching and word processing.

d.

Home occupations shall not include auto body or engine repair, barbering, beauty shops, construction trades, dance studios, photographic studios or real estate brokerages.

(5)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the city plan commission, provided that such uses are similar in character to the principal uses permitted in the district.

(6)

Temporary uses. Temporary uses, such as real estate sales or rental field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted for a period of up to one year by the city plan commission. Temporary use permits may be renewed if the plan commission deems such renewal appropriate. Additional temporary conditional use permits are set forth in section 106-129 and may be permitted as set forth in that section.

(7)

Pets. Pets are permitted, provided that the number of household pets is in accordance with chapter 10 concerning limitation on number of animals, limitations per lot in any residential district or agricultural district.

a.

Household pets shall include dogs, cats, rabbits and other small animals housed inside or outside of a residential dwelling. Very small animals kept indoors at all times, such as hamsters, gerbils, white mice, parakeets and canaries, tropical fish and small lizards, are not subject to the three animal per lot limit.

b.

Exotic pets shall include pygmy goats, nonpoisonous snakes, deodorized skunks, ferrets, parrots and other small exotic animals except potbellied pigs. Only two exotic pets shall be allowed per lot and shall be included in the three pets per lot limit.

c.

Exotic pets kept outdoors shall require a conditional use permit for all residential districts and agricultural districts. The city plan commission, as provided in article V of this chapter, shall specifically review the following items when making their determination:

1.

Type of exotic pet.

2.

Location and size of lot.

3.

Type of fenced-in enclosure and house for the exotic pet.

4.

Method of pet waste disposal.

5.

A certificate of purebred registration.

6.

A health certificate and certificate of required shots.

7.

The exotic pet shall [not] be hazardous, harmful, offensive or otherwise adverse to the health, welfare, environment or value of the neighborhood or the community.

d.

The keeping of livestock such as potbellied pigs, cattle, horses, donkeys, mules, burros, llamas, sheep, hogs, goats and other farm animals is prohibited in any residential district.

e.

The keeping of poultry or fowl such as chickens, pigeons, roosters, ducks, guinea hens, geese, turkeys, peacocks and game birds is only permitted in the agricultural district.

f.

The keeping of bears, lions, tigers, leopards, monkeys, wolves, foxes, poisonous snakes and reptiles or other dangerous animals is prohibited in the city. In the event of a dispute over whether an animal is dangerous, the city council shall make a determination after review and public hearing.

(Ord. No. OR98-24, § I(106.0212), 10-26-1998; Ord. No. OR01-13, § I, 12-10-2001; Ord. No. OR06-11, § I, 6-26-2006; Ord. No. OR12-11, § 1, 9-24-2012)

No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

(Ord. No. OR98-24, § I(106.0213), 10-26-1998)

(a)

No building permit for any plumbing alterations shall be issued until such time as a clear water inspection has been made or approved by the building inspection department as provided in this section.

(b)

The building inspection department shall, upon request, conduct an inspection of the premises to ensure compliance with the provisions of this section relating to illegal surface or ground water connections into the sanitary sewer system.

(c)

A notice of noncompliance shall be issued by the building inspection department to the owner of record of any residential building not to be found in compliance with the provisions of this section. The notice shall set forth areas of noncompliance and shall order the owner to bring the building into compliance within an established period of time, in the noncompliance order.

(d)

Where a request for inspection is made pursuant to this section, and if it is found that the premises was subject to a clear water inspection within the prior year, the owner may verify in writing that no changes have been made since the last inspection that would cause the premises to be noncompliant with this section and a re-inspection will not be required.

(e)

If the building inspector or his/her designated agent suspects an illegal clear water discharge as defined by this code or by any other applicable provision of the Wisconsin Administrative Code as it may, from time to time, be amended, he/she may, upon reasonable notice and at reasonable time, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists.

(f)

No warranty. An inspection meeting compliance only indicates that so far as can be reasonably determined by a visual inspection of the premises and review of city records, the premises meets the requirements of this section. Neither the city nor its inspectors assume any liability in the inspection findings, whether compliant or not and we do not guarantee or warrant the condition of the premises inspected.

(g)

Not liable. The City of Brillion will not be liable for any unsafe or sanitary conditions that exist in any building inspected for clear water compliance. However, if any such conditions exist, and are noticed by an inspector, authority shall be granted to issue orders to correct such conditions.

(h)

Fees and re-inspection. The inspection fee will be the minimum fee for special projects as per section 14-123.

(Ord. No. OR09-17, § I, 12-22-2009; Ord. No. OR13-01, § 1, 2-25-2013; Ord. No. OR15-06, § I, 10-26-2015)

Editor's note— Ord. No. OR15-06, § I, adopted Oct. 26, 2015, changed the title of § 106-49 from "Clear water separation requirements and inspection of pre-2005 properties" to read as set out herein.