As per section 12.05-4(a) of the zoning ordinance, any person erecting, moving, enlarging or reconstructing a structure, which, under this ordinance, requires a zoning permit shall upon completion of the construction of footings, concrete slab or other foundations, submit to the Department of Planning and Development a survey prepared by a professional land surveyor showing the locations, boundaries, dimensions, elevations and size of the following: The boundaries of the lot, all existing structures (including foundations) and their relationship to the lot lines. The Director of Planning and Development shall compare the location of all new or extended foundations with the location of all proposed construction activity reported on the permit application. No further construction may commence unless the Director of Planning and Development shall find that the foundation location is consistent with the permit as issued and shall so certify. Failure to comply with the requirements of this section shall be grounds for the issuance of a citation.
Construction of a principal structure, such as a single-family residence or primary commercial building will require that the property owner hire a professional surveyor to prepare a foundation survey to be submitted to the Department of Planning & Development. In cases where a residential addition or detached accessory structure is built, the property owner may waive their requirement to have the foundation survey completed immediately by a hired professional surveyor. If the property owner decides to waive the foundation survey requirement, a Waiver of Liability due date will be placed on the issued zoning permit document. This due date is a mutually agreed date that the property owner intends to have a signed/notarized waiver of liability form and recording fee returned to Planning & Development in order to fulfill the paperwork requirement.
NOTE: Effective early 2019, property owners in the unincorporated parts of Kenosha County are no longer permitted to sign a waiver of liability of foundation survey document. As a condition of their zoning permit for new home construction, residential additions, detached accessory buildings, etc., code will require a professional surveyor be hired to update the plat of survey of the property to verify the location and size of the permitted structure. These requirements do not apply to permitted accessory uses that are not buildings, for instance, pools, decks and fences. While waivers are no longer allowed, this question remains on this FAQ page due to the number of previously signed and recorded waivers that still are on title against properties across the County and will ultimately need to be released.
NOTE: Effective early 2021, property owners in the Village of Somers are no longer permitted to sign a waiver of liability of foundation survey document. As a condition of their zoning permit for new home construction, residential additions, detached accessory buildings, etc., code will require a professional surveyor be hired to update the plat of survey of the property to verify the location and size of the permitted structure. These requirements do not apply to permitted accessory uses that are not buildings, for instance, pools, decks and fences. While waivers are no longer allowed, this question remains on this FAQ page due to the number of previously signed and recorded waivers that still are on title against properties across the County and will ultimately need to be released.