Port Washington City Zoning Code
ARTICLE IV
Permits
§ 485-14 Building permits.
A.
Required. No structure six inches or more above the surface of the ground, except those exempted in the Building Code, nor any structure classified as a building, nor any swimming pool, shall be erected, structurally altered, or relocated within the City of Port Washington until a building permit has been issued by the Building Inspector certifying that such building would be in compliance with the provisions of this chapter and with the Building Code of the City of Port Washington.[1]
B.
Procedure. An application for the building permit shall be made in conformity with the requirements of the Building Code of the City of Port Washington.
§ 485-15 Occupancy permits.
A.
Required. No new building, and no existing building which has been remodeled to more than 50% of its value, and no existing building which has been relocated, shall be occupied or used until an occupancy permit has been issued certifying that any such building complies with the provisions of this chapter. A like permit shall be obtained before any legal nonconforming use is resumed, changed, extended or granted conditional use status.
[Amended 7-18-2023 by Ord. No. 2023-14]
B.
Procedure.
(1)
Application for such permit shall be made to the Building Inspector prior to or at the same time as the application for a building permit, or prior to the commencement of any use not involving a building permit.
(2)
Such application shall be prepared and shall include, for the purpose of proper enforcement of this chapter, the following data:
(a)
A statement by the applicant as to the intended use of the premises and buildings thereon.
(b)
An accurate map of the property, in duplicate, drawn to reasonable scale and properly dimensioned showing:
[1]
The boundaries of the property involved.
[2]
The location of the center line of any abutting streets.
[3]
The location on the lot of any existing buildings, additions, or proposed new buildings, including the measured distances between such buildings and from the lot lines and from the center line of any abutting street to the nearest portion of such building.
[4]
The proposed floor elevation of any proposed buildings in relation to the existing and/or established grade of any abutting streets and the general direction of surface drainage on the lot, including the defined location of any defined drainageway.
[5]
The base or regional flood level and ordinary high-water line of any stream, flowage, wetland or lake on or abutting the property, as well as the defined boundaries of any wetlands as shown on the Wetland Inventory Map of the Wisconsin Department of Natural Resources and of any floodplains as shown on the FEMA floodplain map for the City or where appropriate for an adjacent municipality.
[6]
Where an occupancy permit application includes lands within a designated floodplain, the applicant shall provide all computations required to show the effects, if any, of the project on flood heights, velocities and floodplain storage. This requirement may be waived by the Building Inspector where there appears to be insignificant measurable effect and the project is minor in nature, that is, involving no building and no earthmoving.
[Amended 7-18-2023 by Ord. No. 2023-14]
[7]
Where an occupancy permit application shows that the applicant's intended activity will raise the regional flood level by 0.01 foot or more on another property, the applicant shall present flooding easements or other appropriate legal arrangements from all such affected owners before the occupancy permit shall be issued.
[Amended 7-18-2023 by Ord. No. 2023-14]
(c)
Where a legal nonconforming use involves human use or occupancy, such use is to continue or resume, and connection is not required to be made to the public sewer system and facilities, a plan of the proposed system for sewage disposal, which shall be in compliance with all City ordinances and other governmental laws and regulations then applicable to such system.
[Amended 5-16-2023 by Ord. No. 2023-11]
(d)
Where a legal nonconforming use involves human use or occupancy, such use is to continue or resume, and connection is not required to be made to the public water service and facilities, evidence satisfactory to the Building Inspector that a safe and adequate supply of pure water is available to be provided, and the location of any well for that purpose shall be shown on the map of the property.
[Amended 5-16-2023 by Ord. No. 2023-11]
(3)
Within 10 days after the notification of the completion of erection, alteration or relocation of the building or intent to commence a use, the Building Inspector shall make an inspection of the premises and any building thereon, and if the building and the intended use thereof and the proposed use of the premises comply with the requirements of this chapter, an occupancy permit shall be issued.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
For the purpose of defraying the cost of inspection and administrative processing, such application shall be accompanied by a fee in an amount established or revised from time to time by resolution of the Common Council, except that where a building permit is also required, this fee shall not be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Expiration. If within 12 months of the date of application no occupancy permit has been issued, any building permit related thereto shall lapse and the Building Inspector shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without proper authority. Upon showing of valid cause, the Building Inspector may grant an extension of such permit for a period not to exceed six months.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Temporary permit. Pending the issuance of a regular permit, a temporary permit for nonresidential use may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. Such temporary permit shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. A temporary permit shall be voided if the building fails to conform to the provisions of this chapter to such a degree as to render it unsafe for the occupancy proposed.