Zoning, building permits and septic rules in West Bend, Wisconsin

West Bend’s own rules

• Building permitRequired

  Building, enlarging, altering, demolishing or moving buildings inside West Bend city

  • Building inspector may authorize minor repairs valued under $1,000 without a permit if they do not change occupancy, area, structural strength, fire protection, exits, light or ventilation
  • No permit until street sewer and water mains are extended adjoining the property, except dead-storage buildings
  • Plans must be accompanied by DSPS approval where state approval is required
  • Work started before permit incurs a penalty fee

  minor repair exemption threshold: < 1000 USD (must not change occupancy, area, structural strength, fire protection, exits, light or ventilation)

  “no building or structure or any part thereof shall hereafter be built, enlarged, altered, demolished, moved into, or moved, except as hereinafter provided, unless a permit is first obtained from the building inspector.”

• Building code adoptedAdopted

  Buildings and structures inside West Bend city

  • Wisconsin commercial building code chs. SPS 360-366 and SPS 305 also adopted by reference
  • Adopted codes include later amendments
  • SPS 320-325 apply to all accessory buildings in the city despite SPS 320.05(4)

  “wisconsin adm. code chs. sps 320 to 325, inclusive, are hereby made a part of this chapter by reference.”

• InspectionsRequired

  Construction under a permit inside West Bend city

  • Staged inspections: footings before concrete, foundation before backfill, framing/pipes/electrical before concealment, basement floor subgrade
  • Final inspection before occupancy

  “a final inspection shall be made by the building inspector upon the completion of any building, structure, equipment or construction for which a permit was issued and before the same is occupied or used.”

• Certificate of occupancyRequired

  New buildings, additions and alterations inside West Bend city

  • Issued after final inspection finds no violations
  • Change of use also requires approval and a new certificate

  “no building nor part thereof shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy.”

• Local zoningPresent

  All land inside West Bend city (Washington County) limits

  • Adopted under Wis. Stat. 62.23(7), 87.30 and 281.31
  • Code copy dated 02/23/2019; later amendments not checked

  “17.01 authority. the provisions of this chapter are adopted under the authority granted by section 62.23(7), 87.30 and 281.31 of the wisconsin statutes.”

• Zoning districtsPublished

  West Bend city zoning districts

  • Official zoning map available from the zoning administrator
  • Districts: RS-1 to RS-4, RD-1/2, RM-1 to RM-5, B-1 to B-7, I-1, P-1, M-1 to M-3, MXD, plus PUD and floodplain/wetland overlays

  “for the purpose of this chapter, the city of west bend is hereby divided into 28 basic use districts and 2 overlay districts designated as follows:”

• Minimum dwelling sizeSpecified

  RS-1 single family residential district, West Bend city

  • Total floor area by bedrooms: 1 and 2 bedroom 1400, 3 bedroom 1600, 4+ bedroom 1800 sq ft

  minimum first floor area: >= 1000 sq ft

  “3. the minimum first floor area of any dwelling shall be 1000 square feet.”

  One more reviewed finding on this topic

  • Specified — RS-2 single family residential district, West Bend city

    “3. the minimum first floor area of any dwelling shall be 900 square feet.”

• Minimum lot sizeSpecified

  RS-1 single family residential district, West Bend city

  • Cul-de-sac lot minimum width 65 feet
  • Substandard lots of record before April 17, 1989 at least 40 ft wide and 4,800 sq ft may be built on (17.11(8))

  minimum lot area: >= 15000 sq ft · minimum lot width: >= 100 ft (65 ft on cul-de-sac)

  “the minimum width of a lot on a culde-sac shall be 65 feet.”

  One more reviewed finding on this topic

  • Specified — RS-2 single family residential district, West Bend city

    “lots shall be a minimum of 12,600 square feet in area and shall be not less than 90 feet in width at all street lot lines.”

• SetbacksSpecified

  RS-1 single family residential district, West Bend city

  • Side yard 10 ft each side, total of both 25 ft; rear yard of principal structure 35 ft; accessory structure side/rear 5 ft
  • Modifications under 17.11 (average front yard, projections)

  front setback: >= 35 ft · side yard each: >= 10 ft · rear yard principal: >= 35 ft

  “2. the minimum side yard on each side of a principal structure shall be 10 feet and the total of both side yards shall be a minimum of 25 feet. 3. the minimum rear yard of a principal structure shall be 35 feet.”

  One more reviewed finding on this topic

  • Specified — RS-2 single family residential district, West Bend city

    “2. the minimum side yard on each side of a principal structure shall be 8 feet and the total of both side yards shall be a minimum of 20 feet. 3. the minimum rear yard of a principal structure shall be 35 feet.”

• Lot coverageSpecified

  RS-1 and RS-2 single family residential districts (same text in both), West Bend city

  • Applies to all principal and accessory buildings combined

  maximum lot coverage: <= 25 percent

  “4. the maximum lot coverage of all principal and accessory buildings shall not exceed 25 percent of the lot area.”

• Building heightSpecified

  RS-1 and RS-2 single family residential districts (same text in both), West Bend city

  • Exemptions for chimneys, spires, antennas and similar in 17.11(2); airport height limits in chapter 19 supersede

  principal building height: <= 35 ft · accessory building height: <= 18 ft

  “1. no principal building or parts of a principal building shall exceed 35 feet in height. no accessory building shall exceed 18 feet in height.”

• Mandatory utility hookupWater and sewer (with conditions)

  New buildings requiring a permit inside West Bend city

  • Rule is framed as a permit precondition: mains must be extended in the adjoining street
  • Buildings used for dead storage only are excepted
  • A separate sewer-connection ordinance was not opened

  “no building permit shall be issued by the building inspector until all street sewer mains and water mains have been extended in the street adjoining said property so that adequate connection can be made from said sewer mains and water mains to the property of the applicant, except that buildings used for dead storage only may be erected without sewer and water connections.”

• Permit feesVariable (with conditions)

  Building permit fees inside West Bend city

  • Fees set by Common Council; schedule kept on file with building inspector
  • Late permits carry a penalty fee
  • Fee amounts not read

  “the fees for permits, inspections, reports, variances, applications and any other matter under this chapter shall be as determined from time to time by the common council.”

• Permit processPublished

  Building permit applications inside West Bend city

  • Four sets of plans and specifications required; survey when required
  • Plans must show water supply, sanitary sewer and drainage

  “application for a building permit shall be made in writing upon a form furnished by the division of building inspection.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask West Bend or Washington County directly.

• Owner-builder exemption — Owner-builders inside West Bend city
• Living in an RV — RV occupancy inside West Bend city
• Camping on your land — Temporary camping inside West Bend city
• Tiny homes — Tiny homes inside West Bend city
• Accessory dwellings — Accessory dwelling units inside West Bend city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.