These regulations are adopted under the authority granted by Wis. Stats. §§ 62.23(7) and 703.2(1).

(Code 1997, § 17.01; Rep. and Recr. #411)

The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics, orderly development, and general welfare of this community.

(Code 1997, § 17.02; Rep. and Recr. #411)

(a)

It is the general intent of this chapter to regulate and restrict the use of all structures and lands; regulate and restrict lot coverage, population distribution, and density and the size and location of all structures so as to:

(1)

Lessen congestion in and promote the safety and efficiency of the streets and highways.

(2)

Secure safety from fire, flooding, panic, and other dangers.

(3)

Prevent overcrowding.

(4)

Avoid undue population concentration.

(5)

Facilitate the adequate provision of public facilities and utilities.

(6)

Stabilize and protect property values.

(7)

Further conservation of natural resources and the appropriate use of land.

(8)

Preserve and promote the beauty and environmental quality of the community.

(9)

Implement the community's comprehensive plan or plan components.

(10)

Achieve those "purposes in view" set forth in Wis. Stats. § 62.23(7)(c).

(b)

It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Code 1997, § 17.03; Rep. and Recr. #411)

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to laws. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 1997, § 17.04; Rep. and Recr. #411)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

(Code 1997, § 17.05; Rep. and Recr. #411)

If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

(Code 1997, § 17.06; Rep. and Recr. #411)

All other ordinances or parts of ordinances of the city inconsistent or conflicting with this chapter to the extent of such inconsistency or conflict only are hereby repealed.

(Code 1997, § 17.07; Rep. and Recr. #411)

This chapter shall be known as, referred to, or cited as the "Zoning Ordinance, City of Delafield, Wisconsin."

(Code 1997, § 17.08; Rep. and Recr. #411)

This chapter shall be effective March 11, 1997.

(Code 1997, § 17.09; Rep. and Recr. #411)

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

(Code 1997, § 17.10; Rep. and Recr. #411)

For the purpose of this chapter, the following definitions shall be used: words used in the present tense include the future; the singular number includes the plural number; and the plural number includes the singular number. The word "shall" is mandatory and not directory. Any words not defined herein shall be construed as defined in the Wisconsin Uniform Building Code or as defined by common dictionary usage.

Accessory building means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises.

Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, land or water and located on the same lot or parcel serving a purpose customarily incidental to the principal structure. Earth satellite dishes are considered to be accessory structures.

Addition means any new construction whereby an existing building or structure or building or structure in course of construction is increased in area or cubical content.

Adjoining lot line means the line between adjoining lots, plots of land or parcels of land of different or same ownership.

Administrator means the city administrator or other city staff designated and authorized by the common council to administer this chapter.

Alley means a public right-of-way or easement which affords a secondary means of vehicular access to abutting properties. A street shall not be considered an alley.

Alteration means any change or modification in construction or occupancy.

Animal hospital means a totally enclosed sanitary structure, adequately soundproofed, for the express purpose of medically or surgically treating animals, but not serving as a commercial kennel.

Apartment means a room or suite of rooms which is occupied or which is intended or designed to be occupied by one family for living and sleeping purposes.

Area, as applied to dimensions, means the maximum horizontal projected area of a building, structure, room, apartment or open space, not including overhangs.

Arterial street means a public street or highway used or intended to be used primarily for fast or heavy through traffic. Arterial streets and highways shall include freeways, expressways and parkways.

Attic means a space not suitable for human occupancy under the roof and above the ceiling of the topmost story of any building or part thereof.

Automobile service station or filling station means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises and minor repairs, but which furnishes none of the other facilities of a public or storage garage.

Average improved slope means the grade line resulting from foundation backfill, originating at the top of slope finished grade and extended directly to the bottom of slope finished grade.

Base setback lines. Refer to Setback lines, base.

Basement means all portions of a building, the ceiling of which is not more than three feet above the average improved slope, or unimproved slope, which ever creates the greatest floor area ratio.

Bed and breakfast means a place of lodging licensed under Wis. Admin. Code ch. HFS 197 that provides eight or fewer rooms for rent to no more than 20 tourists or transients; provides no meals other than breakfast and provides breakfast only to renters of the place; is the owner's personal residence; is occupied by the owner at the time of rental.

Boarding means an accessory use in any residential district where meals or lodging and meals are regularly furnished by prearrangement for not more than two persons not members of the family and not open to transient customers.

Boathouse means an accessory structure that complies with Section 52-25, located close to the ordinary high water mark, and designed and used for the storage of boats and accessory marine equipment normally used in the daily activities of lakefront property.

Building means any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, equipment, machinery or materials or other property.

Building area. Refer to Floor area.

Building height means the vertical distance measured from the average elevation of the proposed finished grade of the street facing façade, to the highest point of the top plate at the exterior wall or the elevation of the roof bearing point of the highest story. Buildings with more than one street facing façade shall be measured at the lowest average elevation. Exposed foundation, on facades not facing a street shall not be considered in determining building height.

Exception: Additional building height on a street facing façade shall be allowed to facilitate access to underground parking. A maximum of ten feet below the first-floor elevation may be permitted for up to 15 percent of the building perimeter.

Building inspector means an independent contractor engaged by the City of Delafield to conduct building inspections and administer and enforce certain provision of this chapter under the direction of the city administrator.

Building, principal means that building on a lot, intended or used for the primary use permitted by the regulations of the district in which it is located.

Building, utility means a building designed for the shelter and storage of gardening equipment, normal household goods and tools and materials customarily associated with a single-family residence. No utility building shall exceed 220 square feet in area. Truck bodies, trailers or vans shall not be permitted as utility buildings.

Business establishment means a place of business carrying on business operation, the ownership and management of which are separate and distinct from those of any other place of business located on the same lot.

Cellar. See Basement.

Clothing stores means retail stores where clothing is sold, such as department stores, dry goods and shoe stores, dress, hosiery and millinery shops.

Community based residential facility means a place where three or more unrelated adults reside in which care, treatment, or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility.

Comprehensive plan means a comprehensive plan for the City of Delafield adopted pursuant to Wis. Stats. § 62.23(3).

Conditional uses means uses of a special nature as to make impractical their predetermination as a principal use in a district.

Development means any manmade change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

Development regulations means that part of this chapter that applies to elements including setback, height, lot coverage, and side yard requirements.

District, base, means a section of the city created for the purpose of establishing the general pattern of intended land uses consistent with the city comprehensive plan. Each basic district establishes regulations governing the height, area, and the use of buildings and land.

District, overlay, means overlay districts provided for the possibility of superimposing certain additional requirements upon a basic district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.

Drive-in establishment means an establishment which is designed to provide, either wholly or in part, service to customers while in their automobiles parked upon the premises.

Dwelling, efficiency apartment, means a dwelling unit consisting of one principal room, an individual bathroom, and cooking facilities, with no separate sleeping room.

Dwelling, multifamily, means a residential building designed for or occupied by three or more families, with the number of families in residence not to exceed the number of dwelling units provided. Not including rooming and boarding houses and transient hotels and motels.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family for a period of not less than 90 consecutive days.

Dwelling, two-family, means a detached building containing two separate dwelling or living units, designed for occupancy by not more than two families.

Dwelling unit means one or more rooms which are arranged, designed, or used exclusively as a residence or living quarters for one family, but not including boarding or lodging houses, motels, hotels, tents, cabins or mobile homes.

Elderly households means one- or two-person households headed by a person over 62 years of age.

Election campaign sign means any sign that states the name and/or picture of an individual seeking election or appointment to a public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating social or political views or policies.

Essential services means services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface or overhead gas, electricity, steam, water, sanitary sewerage, storm water drainage and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, but not including buildings.

Existing means a building, structure, equipment or premises completed or in course of construction or used or occupied and for which a legal permit has been issued prior to the effective date of the ordinance from which this chapter is derived.

Family means any number of persons related by blood, adoption or marriage, or not to exceed four persons not so related, including boarders, living together in one dwelling as a single housekeeping entity.

Farm, fur, means a tract of land devoted in whole or part to the raising of fur-bearing animals for commercial purposes.

Farm, pig, means a tract of land devoted in whole or in part to the raising or feeding of pigs and hogs.

Farm, poultry, means a tract of land devoted in whole or in part to the raising of poultry for commercial purposes.

Fence means a structure which creates an enclosure, barrier, or boundary; having a permanent location in the ground, or which is attached to something having a permanent location on the ground.

Floor area means the sum of the horizontal areas of all floors of all buildings on a lot, measured from the exterior faces of the exterior walls. The term "floor area" shall include all above grade levels of both principal and accessory buildings, interior balconies and mezzanines, penthouses, garages, elevator shafts, stairwells at each story, floor space used for mechanical equipment with structural headroom of 5.0 feet or more, and usable attic space providing structural headroom of 5.0 feet or more.

In residential properties basements, unenclosed exterior porches, decks, breezeways, and balconies, are not considered part of the gross floor area. All other areas under roof shall be calculated in the floor area.

Every building erected or relocated after the effective date of this ordinance shall comply with floor area herein defined.

Floor area ratio (FAR) shall be used to indicate the total floor area of buildings allowed on a given lot, expressed as a percentage ratio to the total area of the lot (i.e., an FAR of 100 percent allows a floor area equal to the lot, an FAR of 0.50 allows a floor area of one-half the total area of the lot, etc.). A floor area ratio of 0.50 could be applied to a one story building occupying 50 percent of the lot or a two story building occupying 25 percent of the lot.

Frontage means all the property abutting on one side of a street between two intersecting streets or all of the property abutting on one side of a street between an intersecting street and the dead-end of a street.

Frontage, reversed, means frontage facing at right angles or approximate right angles to each other within the same block.

Garage, private, means an accessory building in which private vehicles are kept for storage purposes only and wherein such use is accessory to the residential use of the property on which such vehicles are stored.

Garage, public, means any building or premises, other than an automobile service or filling station or a private or storage garage, where motor driven vehicles are hired, equipped, repaired, serviced, sold or stored as a business.

Garage, storage, means any building or premises used for the storage only of motor driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, serviced, repaired, hired or sold as a business.

Gift stores means retail stores where items, such as art, antiques, jewelry, books and notions are sold.

Grade, building, means elevation of ground adjacent to the structure.

Grade, established, means the elevation of the finished street at the centerline as fixed by the city engineer or by such authority as shall be designated by law to determine such an elevation.

Handicapped households means one or two person households headed by a person who is under a disability or is handicapped as defined in section 3 of the U.S. Housing Act of 1937, as amended.

Hard surface means a surface of bituminous asphalt, concrete, or other comparable impervious material.

Hardware stores means retail stores where items, such as plumbing, heating and electrical supplies, sporting goods, and paints are sold.

Highway means a right-of-way designated on a comprehensive system for the principal purpose of providing vehicular thoroughfare and not necessarily affording direct access to abutting property (traffic artery).

Historical flood of record means the highest recorded water level for any lake or flood for any given stream or reach of stream.

Home business means an occupation for gain or support that has no more than one employee residing outside the residence and is conducted entirely within a principal or accessory building whose primary use is as a single-family or duplex residence, is incidental to the principal use of the premises as a residence, does not exceed 25 percent of the total floor area of a dwelling, does not require a sign larger than two square feet. A home business shall not include the use of any machinery, tools, or other appliances that create a nuisance to the surrounding residential area by reason of noise, vibration, dust, smoke or odor. Home business requires a conditional use permit (see section 52-136) and a plan of operation permit (see section 52-89).

Home occupation means an occupation for gain or support that is conducted entirely within the principal building whose primary use is as a single-family or duplex residence, is incidental to the principal use of the premises as a residence, does not exceed 25 percent of the total floor area of the principal structure, does not require a sign larger than two square feet, and does not involve the employment of any individual not living on the premises. A home occupation shall not include the use of any machinery, tools, or other appliances that create a nuisance to the surrounding residential area by reason of noise, vibration, dust, smoke or odor.

Horticulture means the culture of growing and cultivating fruits, flowers, and related plant material.

Hotel means a building in which lodging, with or without meals, is offered primarily for transients for compensation and having more than four sleeping rooms for this purpose.

Impervious surface means an area that releases as runoff all or a majority of the precipitation that falls on it. Impervious surface includes, but is not limited to, rooftops, sidewalks, driveways, parking lots, patios, sport courts, swimming pools, hot tubs, retaining walls, decks with at least 50 percent impervious surface beneath the deck, and hard surfaces that surround fire pit rings.

Island means a tract of land surrounded on all sides by water or marshlands.

Kennel, commercial, means an establishment where more than three dogs or other household pets more than six months of age are raised, bred, boarded, or cared for as a gainful occupation.

Lane means a public or private way in the nature of easement, not more than 20 feet in average width, affording access to or from a lot or lots.

Living rooms means all rooms within a dwelling, except closets, foyers, storage areas, utility rooms, and bathrooms.

Loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings and abutting on or affording direct access to a public street or alley for the temporary parking of a commercial vehicle while loading or unloading cargo.

Lot means a parcel of land on which a principal building and its accessory building are placed, together with the required open spaces, provided that no such parcel shall be bisected by a public street, and shall not include any portion of a public right-of-way. No lands dedicated to the public or reserved for roadway purposes shall be included in the computation of lot size for the purposes of this chapter.

Lot area means the area of contiguous land bounded by lot lines, exclusive of land provided for public thoroughfare.

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees on the side thereof on which such lot abuts. The point of intersection of the street lines is the "corner."

Lot depth means the mean horizontal distance measured between the front and rear lot lines or measured between the street line and the opposing rear or shore lot line.

Lot, flag, means a lot that may abut on a public street but where access to the public street system is by a narrow strip of land.

Lot lines means the lines bounding a lot as defined herein.

Lot lines, shore, means the ordinary high water line of a lake or stream on which a lot abuts.

Lot lines, side, means a lot line extending from a street line towards the interior of the block and separating adjoining lots.

Lot of record means a parcel of land, the dimensions of which are shown on a document or map on file with the county register of deeds. A lot or parcel of land created prior to the enactment of the city zoning code constitutes a lot of record.

Lot, through, means a lot having frontage on two parallel or approximately parallel streets.

Lot width means the width of a parcel of land measured at the required front building setback line or at the required building setback from the ordinary high water mark.

Machine shops means shops where lathes, presses, grinders, shapers and other wood and metal working machines are used as blacksmith, tinsmith, welding and sheet metal shops; plumbing, heating and electrical repair and overhaul shops.

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards (HUD Code).

Mobile home means a single-family dwelling unit designed for long-term occupancy which is or was as originally constructed, designed to be transported by any motor vehicle upon a public highway arriving at the site where it is to be occupied complete, with or without major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and hookup operations, and designed, equipped and used primarily for sleeping, eating, and living quarters or is intended to be so used and includes any additions, attachments, annexes, foundations, and appurtenances and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act, which became effective June 15, 1976.

Model home means a residential structure used for display and advertising purposes only. A sales office shall not be permitted in conjunction with a model home.

Modular homes means factory-built housing certified as meeting the Wisconsin Uniform Dwelling Code.

Motel means a building or series of related buildings on a lot in which lodging is offered primarily for transients for compensation, which may have more than four sleeping rooms or units for this purpose and which is distinguished from a hotel primarily by reason of providing direct independent access to and adjoining parking for each rental unit.

Navigable waters.

(1)

The term "navigable waters" means all natural inland lakes within the city and all streams, ponds, sloughs, flowages and other waters within the territorial limits of the city. Under Wis. Stats. § 144.26(2)(d), not promulgated thereunder, shoreland ordinances required under Wis. Stats. §§ 61.351 or 62.231, and Wis. Admin. Code ch. NR 117, do not apply to lands adjacent to farm drainage ditches if:

a.

Such lands are not adjacent to a natural navigable stream or river.

b.

Those parts of such drainage ditches adjacent to such lands were not navigable streams before ditching.

c.

Such lands are maintained in nonstructural agricultural use.

(2)

Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. A stream which is navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of Wisconsin though it may be dry during other seasons.

Nonconforming lot means a lot of record existing at the time of adoption or amendment of the ordinance from which this chapter is derived, which does not conform with the lot area and/or lot width provisions of this chapter.

Nonconforming structure means a dwelling or other building that existed lawfully before the adoption or amendment of the ordinance from which this chapter is derived, but that does not conform with one or more of the development regulations of this chapter.

Nonconforming use of structures, land or water means any use of land, buildings, structures or water lawfully in existence, occupied or erected at the time of the effective date of the ordinance from which this chapter is derived or amendments thereto, which does not comply with the regulations of this chapter or amendments thereto. Any structure conforming in respect to use, but not in respect to frontage, width, height, area, yard, parking, loading or access requirements, shall be considered a nonconforming structure and not a nonconforming use.

Offset means the distance between any lot line, other than a street line, and the nearest portion or projection of a building. The offset distance shall be measured between a building or structure and the lot line, exclusive of such features which are permitted to project into a yard. See section 52-16(b).

Open space means that portion of the front, side or rear yard or court on a lot which is unoccupied by buildings or structures and is open and unobstructed to the sky.

Ordinary high water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Parcel. See Lot.

Parking lot means a structure or premises containing parking space open to the public.

Parking space means a graded and surfaced area of not less than 160 square feet in area, either enclosed or open, for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley.

Parties in interest includes all abutting property owners, all property owners within 200 feet, and all property owners of opposite frontages.

Pierhead line means 100 feet lakeward from the ordinary high water line of any navigable lake.

Plan of operation means a written expression of proposed activity to include at least the following items: description of operation; hours of operation; number of employees; operational characteristics, such as noise, smoke, odor, lighting, etc.; and plot plan indicating building location, parking, and other uses on the site. See section 52-89.

Political message means a message intended for a political purpose or a message which pertains to an issue of public policy of possible concern to the electorate, but does not include a message intended solely for a commercial purpose.

Premises means a lot as otherwise used in this chapter.

Private club means a building or grounds used for regular or periodic meetings or gatherings of a group of persons privately organized for a nonprofit purpose, but not groups organized to supply goods or render services customarily carried on as a business.

Professional office means the offices of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician or other similar recognized profession, whose advertising is limited to professional signs permitted under this chapter.

Public access facility means a place at least 60 feet wide, providing access to the lake or stream, and meeting the requirements of Wis. Stats. § 236.16(3).

Public and semipublic buildings means structures, principally of an institutional nature and rendering as their principal activity a recognized public service, such as churches, hospitals, rest homes, schools, including private academic schools and nursery schools, libraries, museums, post offices, police and fire stations, public and private utilities and other public services, but not including such private commercial enterprises as clinics, business or trade schools or any enterprise other than a franchised utility, primarily devoted to sale of commodities or services.

Pyramiding means the act of obtaining or providing access to public bodies of water across private lots or lands in a manner which increases the number of families which have access to that water to a degree greater than what would occur with individual riparian owners having individual lots fronting on the water. The effect of pyramiding is to funnel backlot access from offshore lots or residences via a narrow parcel of land to provide access to water. Publicly owned access points shall not fall within this definition.

Quarrying means the removal of rock, slate, gravel, sand, topsoil or other natural material from the earth by excavating, stripping, leveling or any other such process for the purpose of putting the removed material to use off of the premises.

Rain garden means a shallow depression in the soil into which stormwater runoff from impervious surfaces, i.e., pavement and roofs, are directed. Rain gardens are planted with native Wisconsin grasses and forbs with deep root systems, in compliance with the City of Delafield Lake Nagawicka Rain Garden Planting List, to allow water to infiltrate into the soil.

Rear yard means a yard extending across the full width of the lot, the depth of which shall be the minimum horizontal distance between the rear lot line and a line parallel thereto through the nearest point on the back wall of the principal structure. This yard shall be opposite the street yard or one of the street yards on a corner lot. See also section 52-16.

Recreational vehicle means any vehicle in excess of 20 feet in length whose primary use is intended for human occupancy in conjunction with recreational activities.

Regional flood. See Floodplain Zoning Code definitions.

Residential lake lot means a lot used or zoned for residential purposes and abuts a shoreland area as that term is defined in Wis. Stats. § 59.692(1).

Restaurant means an establishment where meals are regularly offered for compensation.

Road means a public or private right-of-way usually affording primary access to abutting property.

Roadside stand means a structure used or intended to be used solely by the owner or tenant of the property on which such structure is located for the sale of products raised on such property.

Rooming. See Boarding.

Sand or gravel pits. See Quarrying.

Service road. See Street, frontage.

Service station. See Automobile service station.

Setback means a distance specified in this chapter, measured horizontally on a lot from and at right angles to the front lot line or the right-of-way line of an existing or proposed street or from a base setback line, whichever results in the greater front yard depth. (See also Yard, front.)

Setback line, base, means a base line from which the building setback distance is measured. See section 52-16(a).

Shall, as used herein, is mandatory. Same for must.

Shorelands means lands within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond or flowage and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Sign means a name, identification, image, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, project, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material, without lettering, placed behind a store window are not signs or parts of signs.

Sign area means the entire area within a circle, triangle or parallelogram enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area or as the area of the larger face if the two faces are of unequal area.

Sign, on-premises, means a sign which advertises only goods, services, facilities, events, or attractions available on the premises where located or identifies the owner or occupant or directs traffic on the premises. All other signs are off-premises signs.

Special exception means the granting of an adjustment or modification to the requirements of the zoning code which would otherwise apply to the property, where for good cause shown, the plan commission or common council determines that under certain circumstances, and subject to controls, conditions and/or limitations established by the plan commission or common council, the granting of the special exception would allow a reasonable use of the property which would not be contrary to or inconsistent with the spirit and intent of the zoning code. When granting a special exception, the approving body shall find that good cause exists for the granting of the special exception, and, that the proposed special exception will not be hazardous, harmful, noxious, offensive, or a nuisance to the adjacent properties, the surrounding neighborhood, or natural resources. The approving body may impose such restrictions and conditions as the approving body deems necessary, which restrictions or conditions may include, but not be limited to, conditions and restrictions deemed necessary for the protection of adjacent properties, the surrounding neighborhood, natural resources, or the public safety, interest, and welfare of the residents of the City of Delafield. Special exceptions may only be granted for existing nonconforming lots, as set forth in section 52-199 of the zoning code, and navigable water frontage and access restrictions as set forth in section 52-22 of the zoning code.

Stable means a building for the shelter and feeding of horses. Note: Since a site plan will be required for new stables in all residential districts, the size and location of new stables will be subject to plan commission review and site plan approval.

Story means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having one-half or more of its height above grade shall be deemed a story for purposes of height regulation. The space under any roof, except a flat roof, if designed to be occupied for residential or commercial purposes, shall be counted as a full story.

Story, half, means the space under any roof, except a flat roof, which, if occupied for dwelling purposes, shall be construed to be a full story for the purposes of this chapter.

Street means all property dedicated or intended for public or private street purposes or subject to public easements therefor.

Street, frontage or service road means a street generally contiguous and generally parallel to a restricted access traffic artery and affording vehicular access between such artery and private lands.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.

Structural alterations means any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams or girders.

Structure means any erection or construction, such as buildings, towers, masts, poles, booms, signs, decorations, carports, machinery and equipment, having a permanent location on the ground.

Structure, accessory, means a detached structure subordinate to the principal structure on the same lot as the principal structure and serving a purpose customarily incidental to the principal structure.

Structure, legal nonconforming, means a building, structure or portion thereof lawfully existing at the time of the passage of the ordinance from which this chapter is derived or amendments thereto, but which does not conform in one or more respects to the regulations of this chapter or amendments thereto.

Structure, minor, means any small, movable accessory erection or construction, such as birdhouses, tool houses, pet houses, play equipment, arbors, walls and fences under four feet in height.

Structure, principal, means the building containing the primary use of a property.

Structure, temporary commercial, means a movable commercial structure, including, but not limited to, vendor carts, seasonal produce stands, and holiday sales tents, used for the temporary shelter or protection of goods or services for sale for a specific period of time determined by the plan commission.

Structure, temporary construction, means a movable accessory structure not designed for human habitation or occupancy, but for the temporary protection of goods or property during construction of the principal structure. Such temporary period of use shall in no case exceed one year, unless a specific time extension is granted by the plan commission.

Sustained yield forestry means the management of forested lands to provide annual or periodic crops of forest products.

Tourist room means a room owned and managed for use by transient tourists owned and operated by a bed and breakfast establishment licensed under Wis. Admin. Code ch. HSS 197 and for which a conditional use permit has been granted by the city. The tourist room shall be operated as part of the bed and breakfast operation and shall be located within 800 feet of the licensed bed and breakfast establishment.

Townhouses means a group of single-family dwellings, also called row houses, having an unpierced common wall between each adjacent section and the end units having side yards.

Unimproved slope means the existing topographic condition in situ, for a period of no less than 24 months prior to new construction.

Unnecessary hardship means that circumstance where special conditions which were not self-created affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of section 52-111(y).

Use, accessory, means a use subordinate to and customarily incidental to the permitted principal use of the property or buildings and located upon the same lot as the principal use.

Use, principal, means the main or primary use of property, buildings or other structures as specified and permitted by the regulations of the district in which it is located.

Utilities means public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, power and communication transmission lines, electrical, power substations, static transformer stations, telephone and telegraph exchanges, microwave radio relays and gas regulation stations, sewage disposal plants and city incinerators.

Variance means a departure from the terms of this chapter as applied to a specific building or parcel of land, which the board of appeals may lawfully permit, and not in strict conformity with the regulations of this chapter for the district in which such building, structure or parcel of land is located, provided the public safety, health and welfare is secured.

Vending cart. See Structure, temporary commercial.

Vision clearance means an unoccupied triangular space at the street corner of a corner lot, which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Wetlands means those geographical areas covered with shallow and sometimes temporary or intermittent waters and commonly referred to as marshes, swamps and bogs.

Yard means an open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation. The street yard and rear yard extend the full width of a lot.

Yard, front, means a yard extending the full width of a lot that produces a direct and unencumbered space between the right-of-way and the buildable portion of the lot, the depth of which shall be the setback required by this chapter for the district in which such lot is located (see also Setback).

Yard, side, means a yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.

(Code 1997, § 17.24; Rep. and Recr. #411; Cr. #512; Cr. #602; Am. #602; Am. #620; Cr. #653; Am. #719)

(Ord. No. 759, § 1, 12-2-2019; Ord. No. 769, § 2, 2-17-2020; Ord. No. 777, § 1, 3-1-2021; Ord. No. 779, § 1, 4-19-2021; Ord. No. 816, § 1, 6-19-2023; Ord. No. 823, § 1, 11-6-2023; Ord. No. 829, § 1, 4-15-2024)

(a)

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

(b)

Any structure erected, structurally altered, or relocated shall be placed on a lot.

(c)

For properties zoned residential or rural estate, any structure used for the principal use permitted in a particular zoning district shall constitute the principal structure. There shall be no more than one principal structure on a lot, unless authorized as a planned development or otherwise permitted in this article.

(d)

No accessory structure shall be permitted on a lot, unless a principal structure exists on the same lot or a building permit has been issued for a principal structure on the same lot.

(e)

No accessory structure shall remain on a lot after the principal structure has been removed, unless the following provisions are met:

(1)

A new, principal structure is constructed on the same lot within three years of the date that a raze permit is issued by the city for the removal of the original, principal structure.

(2)

At the time that the raze permit is issued for the removal of the principal structure, a letter of credit or other financial surety is submitted to the city in a form and amount sufficient to ensure that the accessory structure is removed within the time set forth in section 52-12(e)(1).

(3)

A deed restriction is recorded against the lot in the Waukesha County Register of Deeds stating that a new, principal structure shall be constructed on the lot within the time set forth in section 52-12(e)(1) or the letter of credit on file with the city will be utilized to remove the accessory structure.

(4)

The plan commission may grant an extension to the time set forth in section 52-12(e)(1) at the request of the property owner so long as such request is made at least six months prior to the date that the accessory structure is required to be removed. If the plan commission grants an extension, the letter of credit and deed restriction shall be modified to incorporate the approved extension.

(Code 1997, § 17.11; Rep. and Recr. #411; Rep. & Recr. #719; Ord. No. 816, § 2, 6-19-2023)

Editor's note— Ord. No. 816, § 3, adopted June 19, 2023, repealed § 52-13, which pertained to building location requirements and derived from Code 1997, § 17.12; Rep. and Recr. #411.

(a)

General.

(1)

Materials. Antennas, counterpoise and lead-in conductors shall be of hard copper, bronze, aluminum alloy, copper clad steel or other high strength, corrosion resistant material. Soft drawn or medium drawn copper may be used for lead-in conductors where the maximum span between points of support is less than 35 feet.

(2)

Supports. Outdoor antennas and counterpoise and lead-in conductors shall be securely supported. They shall not be attached to poles or similar structures carrying electric light and power wires of more than 250 volts. Insulators supporting the antenna or counterpoise conductors shall have sufficient mechanical strength to safely support the conductors. Lead conductors shall be securely attached to the antenna.

(3)

Contact avoidance. To avoid the possibility of accidental contact, outdoor antennas and counterpoise and lead-in conductors from an antenna to a building shall not cross over electric light or power circuits. Where proximity to electric light and power service conductors of less than 250 volts cannot be avoided, the installation shall provide a clearance of at least two feet. Antennas and counterpoise conductors shall not cross under electric light or power conductors.

(4)

Grounding and screening. Metal structures supporting antennas shall be grounded permanently and effectively and provided with the following minimal screening: evergreens, a minimum of 6 feet high at the time of planting, eight feet in circumference at a radius of eight feet to ten feet from the dish support. If the location will not permit the above, the building inspector shall define adequate screening in harmony with the improvements already located on the premises.

(5)

Proximity. No metal structure supporting an antenna shall be more than ten feet from the building which it serves in the reception of electrical signals and impulses. Such structure shall conform to all setback and offset requirements of the zoning district in which it is located.

(b)

Specific. Dish antennas/earth satellite stations are accessory uses (see section 52-11 for the definition of antenna). Subsection (a) of this section shall apply to dish antennas/earth satellite stations as far as applicable. In addition, the following restrictions shall apply to the installation of dish antennas/earth satellite stations.

(1)

No dish antenna shall be installed or erected in the city without a permit from the building inspector. The minimum building permit fee as determined by the common council by separate resolution shall accompany all applications for a permit.

(2)

The building inspector shall review the application and, if the application is complete, contains all required information and satisfies the following size, height, location and installation requirements, the building inspector shall issue the permit. The building inspector may refer an application for a dish antenna to the plan commission if there are special circumstances which, in the building inspector's opinion, require plan commission consideration, including, but not limited to, screening, color, location, height, visual impact and construction requirements. The building inspector shall refer all applications for permits in commercial and industrial districts to the plan commission.

(3)

Roof dish antennas are not permitted.

(4)

Dish antennas shall comply with the following size, height, location and installation requirements:

a.

Dish antennas shall have a maximum diameter of no more than ten feet.

b.

Dish antennas shall have a maximum total height of no more than 12 feet.

c.

Not more than one dish antenna shall be permitted on a residential lot. The number of dish antennas per lot for commercial or industrial parcels shall be set by the plan commission.

d.

Dish antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All installations shall meet a minimum wind load design velocity of 80 miles per hour and all electrical installations in connection with such units, including grounding of the system, shall be in accordance with city electrical code requirements.

e.

Portable or trailer mounted dish antennas are not allowed.

f.

Dish antennas shall be located and designed to reduce their visual impact on surrounding properties, and the building inspector may require adequate screening and unit color that harmonizes with such screening and the improvements already located on the premises.

g.

Dish antennas shall be allowed in rear and side yards; however, in side yards they may not be any closer to the street line than the established setback of the principal building or structure.

h.

Side and rear yard setbacks shall be equal to or greater than the required side and rear yard setbacks for the principal structure within the respective zoning district, but not less than the total vertical height of the dish antenna.

(5)

Any installation of a dish antenna that cannot meet the size, location, or installation requirements set forth above may be authorized only by the zoning board of appeals in accordance with the procedures outlined for variance appeals in this section.

(6)

When any dish antenna is no longer functional and ceases to be used by the property owner or occupant, such system shall be removed upon written order of the building inspector.

(Code 1997, § 17.125; Rep. and Recr. #411)

(a)

Street grade. Every building erected, structurally altered or relocated shall be at a grade which shall reasonably assure proper drainage in relation to the grade of existing streets and driveways.

(b)

Restriction on filling and/or cutting of land and change of topography.

(1)

Except as provided in subsection (b)(5) of this section, no land shall be filled or cut within the city that exceeds 3,000 square feet or 30 cubic yards. The existing drainage or topographic characteristics of land within the city may only be changed upon the owner of such land first obtaining a grading permit from the building inspector allowing for such filling, cutting or change in drainage or topographic characteristics. Grading associated with an otherwise permitted structure is not subject to a grading permit unless it is determined necessary by the building inspector. The building inspector may request the city engineer's review of any grading activities proposed within the city. All applicable land altering activity proposed within the city shall comply with chapter 16, article III of the City of Delafield Code of Ordinances.

(2)

The application for a grading permit shall include a site plan showing all existing and proposed improvements on the property and topography map showing the topography of the land both before and after the implementation of the proposed change in the topography of the land. All slopes shall be protected against erosion in a manner approved by the city engineer. No land shall be altered in any way if such alteration would adversely affect roadways, sidewalks, walkways, or key drainage characteristics on or off-site.

(3)

The fill or change in topography shall not alter the existing drainage characteristics of the parcel that would in any way divert additional drainage waters onto any highway, sidewalk, or abutting parcel.

(4)

The slope resulting from the fill or change in topography shall not exceed the normal angle of slippage of the material involved. The slope resulting from the fill or change in topography shall not exceed a ratio of three horizontal feet to one vertical foot within 20 feet of any lot line, street line, or the natural shore or bank of any lake or stream, unless the slope exceeded such ratio prior to the proposed land altering activity. Plan commission may waive the slope ratio required under this subsection if it determines that the slope would not adversely impact the roadways, sidewalks, waterways, or key drainage characteristics on or off-site.

(5)

No existing land with a slope of 25 percent or greater shall be disturbed, regraded, or improved with a structure, unless approved by the plan commission. In its review of a proposal under this subsection, the plan commission shall determine that the area proposed for disturbance is isolated, the disturbance is necessary for development to occur, and the activities do not alter the overall topographic character of the site. Additional measures may be required to prevent erosion and preserve natural topography to the greatest extent possible. This subsection does not apply to existing single-family residential lots.

(6)

No fill shall be deposited on any land within the conservancy zoning district.

(7)

No fill shall be deposited on any land designated as wetlands by the Wisconsin Department of Natural Resources or the city, except for land lying between the ordinary high water mark and the bulkhead line of Lake Nagawicka. Floodplain fill shall comply with chapter 16, article II of the City of Delafield Code of Ordinances.

(c)

Adequate drainage required. No principal building shall be erected, structurally altered or relocated on land that is not adequately drained at all times nor which is subject to periodic flooding.

(Code 1997, § 17.13; Rep. and Recr. #411; Ord. No. 817, § 1, 7-17-2023)

(a)

Building setbacks. Base setback lines from which the building setback shall be measured are hereby established for all streets and highways in the city as follows:

(1)

All building setbacks required herein shall be measured from the ordinary high water mark, or the greater of the street or highway right-of-way line and the edge of the paved road surface.

(2)

All building setback lines shall be parallel to and measured at right angles from the street or highway right-of-way line.

(3)

No building shall be hereafter erected, altered or placed so that any portion or projection thereof is closer to the base setback line than the setback distance hereinafter specified for the district in which such building is located, except as a permitted yard projection.

(4)

No structures of any kind, except necessary highway and traffic signs, public utility lines and necessary underground appurtenances to public utilities, fences, rural mailboxes and those signs permitted in a residence or agricultural district, shall be hereafter erected, altered or placed within the base setback area.

(5)

Reserved.

(6)

In cases where the highways for which setback lines are established by this chapter are located on municipal boundaries, such establishment shall apply only within the city.

(7)

On corner lots of record as of the date of the ordinance from which this chapter is derived, the effect of the setback regulations shall not reduce the buildable width of such corner lot to less than 30 feet for its entire length inclusive of offset, providing the lot has a width of not less than 50 feet. Also see section 52-174.

(b)

Yard requirements.

(1)

No building shall be hereafter erected or structurally altered so that any portion or projection thereof is closer to any lot line than the minimum yard requirements hereinafter specified by the regulations for the district in which a building is located, except as a permitted yard projection. Where a lot abuts upon a public alley, the yard requirements shall be measured from the alley right-of-way line abutting a lot.

(2)

Where a lot abuts a district boundary line, the yard requirements in the district of less restrictive use shall be not less than that required for the district of more restrictive use.

(c)

Maintenance and use of setback, side yard, and rear yard areas. All required setback or side and rear yard areas shall be landscaped and kept clean and free from accumulations of debris or refuse and shall not be used for the storage or display of equipment, products, vehicles, or any other material.

(d)

Yard projections. Except for the architectural features identified in this section, no architectural feature may extend into the front, side, corner, or rear yard setback. Only the following architectural features may extend into the front, side, corner, or rear yard setback if such feature is located at least five feet from a lot line:

(1)

Cornices, canopies, awnings, eaves, or other architectural features may extend up to 30 inches from the exterior surface of a building.

(2)

Uncovered stairs and necessary landings may extend up to six feet into a setback, provided that a stair or landing does not extend above the main entrance level of the building. The railing of a stair or landing may extend above the main entrance level of the building if the railing does not exceed three feet, six inches in height.

(3)

Bay windows, balconies, and chimneys may extend up to three feet from the exterior surface of a building, provided that such features do not collectively occupy more than one-third of the length of the building wall on which they are located.

(e)

Fences, walks and hedges.

(1)

Legislative purpose. It is the intent of the city to establish and maintain substantial open space around structures for generous light, air, convenience of access, safety from fire and the enhancement of property values. Owners and occupants are encouraged to maintain their lawns, trees, shrubs and flowers as to achieve desired lot definition and privacy and to avoid the division of open areas by artificial means, such as the use of solid fences, that result in wailed in yards.

(2)

Permit required. No person shall erect, construct, alter, or enlarge a fence without submitting a survey and obtaining a permit from the building inspector.

(3)

Fences in residential districts including RE, RL, R1-R5.

a.

Decorative fence defined:

Decorative fence means picket, split rail, cyclone, post and rail, wrought iron and similar. Decorative fences must have a finished side facing neighboring properties. Decorative fence does not mean barbed or chicken wire, wire or mesh systems, wood pallets, snow fences, garden fencing, or use of steel rebar, T or U posts, and similar.

b.

Location:

1.

Decorative fences at least 50 percent open and installed not more than four feet above grade must not be located within 35 feet of the ordinary high water mark.

2.

Decorative fences less than 50 percent open or more than four feet in height can be installed in the rear yard only subject to all of the following:

A.

Must provide minimum side and rear yards required in the zoning district.

B.

Must provide a setback of at least 35 feet from ordinary high water mark.

3.

All other fence locations must be approved by plan commission subject to the reasons found in section 52-58 of the zoning code.

c.

Height: Fences more than six feet high or installed more than six feet above grade require plan commission approval.

d.

Materials: Fences other than decorative fencing require plan commission approval subject to the reasons found in section 52-58 of the zoning code.

(4)

Fences in non-residential districts or as specified below:

a.

Fences located in business, manufacturing, public, R6, R7EH, and conservancy districts are subject to site plan requirements in article II of the zoning code.

b.

Fences located in A districts shall meet the following criteria, unless subsection 52-16(e)(4)c. applies:

1.

The fence shall be five feet or less in height.

2.

The fence shall be at least 50 percent open.

3.

The fence shall not consist of barbed wire.

4.

All fences that do not meet these standards shall require plan commission approval subject to the reasons found in 52.58 of the zoning code.

c.

Residential uses in non-residential districts.

1.

Where the principal use is single family residential on a parcel zoned A, CBD1-3 or B the fence standards of subsection 52-16(e)(3) shall apply.

(5)

Maintenance. Fences shall be kept and maintained in good, sound, and presentable condition at all times. Fences not so maintained that become an eyesore or otherwise adversely affect property values in the neighborhood shall be removed upon order of the building inspector. The order shall provide 20 days minimum for such removal. Such orders shall be appealable to the administrative review board under section 2-270 of this Municipal Code.

(6)

Vision clearance.Section 52-174 of this chapter shall apply to all fences on corner lots.

(f)

Retaining walls. Owners and occupants are encouraged to so grade and landscape their property as to preserve the natural terrain or, in the alternative, to create a natural appearance and to avoid the construction and maintenance of retaining walls.

(1)

Permit required. No person shall after the effective date of the ordinance from which this chapter is derived erect, construct, alter or enlarge a retaining wall without obtaining a permit from the building inspector.

(2)

Exceptions. No permit shall be required for:

a.

Edgings less than six inches in height of metal, stone, brick, concrete, timber, or other materials around driveways, patios, gardens, flower beds, plantings, or trees.

b.

Decorative walls not in excess of 18 inches in height and located at least five feet from the lot line used around gardens, plantings, trees, patios or driveways and constructed of natural stone, brick or timbers.

(3)

Permit processing.

a.

The building inspector may issue a permit for a retaining wall that is three or less feet in height, at least five feet from any lot line, and the material, form and color are structurally sound.

b.

The plan commission shall consider permit applications for proposed retaining walls that do not satisfy the requirements of subsection 52-16(f)(3)a. In its review the plan commission shall determine that the proposed retaining wall is structurally sound in material, form and color, and does not have an adverse effect on property values in the neighborhood.

(4)

Standards. Plan commission approval shall be based on the following standards:

a.

In the offset area, the difference in grade between lots is better controlled by a retaining wall.

b.

In the setback area where the terrain makes a slope to the road impractical.

c.

Plans showing that the retaining wall will be structurally sound and so constructed that it will properly contain and support the ground and pavements, walks and other nearby structures.

d.

The location and height shall be harmonious with the principal structure and consistent with the legislative purpose hereof.

e.

On corner lots the retaining wall shall not obstruct with the vision setback area.

f.

If a retaining wall is proposed to be constructed within five feet of a lot line, the adjacent property owner shall be notified of the proposal and plan commission review date.

(5)

Slopes. Reserved.

(6)

Maintenance. Retaining walls shall be kept and maintained in good, sound and presentable condition at all times. Retaining walls not so maintained that become an eyesore or otherwise adversely affect property values in the neighborhood shall be removed upon order of the building inspector. The order shall provide 20 days minimum for such removal.

(Code 1997, § 17.14; Rep. and Recr. #411; Cr. #512; Am. #603; Rep. & Recr. #719)

(Ord. No. 769, § 1, 2-17-2020; Ord. No. 780, § 1, 5-3-2021; Ord. No. 817, §§2—7, 7-17-2023; Ord. No. 818, § 1, 10-16-2023)

(a)

Maximum height restricted. In any district no building or structure shall be hereafter erected or structurally altered to a height in excess of that hereinafter specified by the regulations for that district.

(b)

Exceptions. The following shall be excepted from the height regulations of all districts:

(1)

Chimney and flues, transmission lines, towers and poles of public utilities, except as provided in subsection (b)(2) of this section.

(2)

Subject to the recommendation of the plan commission and approval of the common council, items such as, but not limited to, the following: cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless or broadcasting towers, masts, aerials and necessary mechanical appurtenances and new intermunicipal transmission lines, towers and poles of public utilities, windmills, solar energy collector devices and accessory farm buildings.

(c)

Reserved.

Exception: An increase in building height, above the first floor elevation, shall not be permitted in the CBD-1 district.

(Code 1997, § 17.15; Rep. and Recr. #411)

(Ord. No. 756, § 1, 11-4-2019; Ord. No. 816, § 4, 6-19-2023)

(a)

Any building intended in whole or part for residential purposes shall provide a minimum floor area as hereinafter specified by the regulations for the district in which such building is located. Such minimums are stated in terms of the minimum total floor area required for a building and that portion of the total which must be provided on the first floor level. Such minimum total shall be increased by 200 square feet for any building not having a basement at least 300 square feet in area.

(b)

The total floor area of all buildings on a lot shall not exceed the maximum floor area ratio (FAR) specified for the district in which the building is located. See definition of "floor area" in section 52-11 to determine the computation of floor area ratio.

(Code 1997, § 17.16; Rep. and Recr. #411)

(Ord. No. 817, § 8, 7-17-2023)

(a)

No building shall be erected on a lot of less area than hereafter specified by the regulations of the district in which such building is located, except as in section 52-199.

(b)

In no event shall a lot be created if it violates the lot size, yard, setback, open space, lot width, or lot area requirements for the district in which such lot is located.

(c)

The minimum lot size for residential and commercial lots not served by public sanitary sewer shall be five acres. The minimum lot size for lots in sewered areas shall be as specified by the regulations of the district in which such lots are located. Lots used for government facilities, utilities, and essential services are exempted from the five-acre minimum lot size requirement. The plan commission may grant an exception for land outside the sanitary sewer service area, as delineated by the Southeastern Wisconsin Regional Planning Commission, that is not anticipated to be serviceable by public sanitary sewer in the foreseeable future.

(Code 1997, § 17.17; Rep. and Recr. #411)

(Ord. No. 817, § 9, 7-17-2023)

(a)

No building shall be erected, structurally altered or placed on a lot so as to reduce the usable open area of such lot to less than that hereinafter specified by the regulations for that district.

(b)

To be usable such open area shall be of such topography, size and shape as will reasonably provide light, air, access, drainage and septic facilities where required. Garden, crop, pasture and wooded land may be included in computing such open area.

(c)

No part of the open space provided for any building shall be included as part of the open space required for another building, except as hereinafter provided for planned developments.

(Code 1997, § 17.18; Rep. and Recr. #411)

(a)

In this section 52-21(a), "vacant lot" shall mean a parcel of land that is not improved by a principal building and is not served by a sanitary sewer connection or septic system. To obtain a building permit to construct a principal building on a vacant lot, the vacant lot shall abut a public street or have a permanent easement providing adequate vehicular access to a public street. The permanent easement required under this section shall be demonstrated by written documentation satisfactory to the city and be approved by the fire chief to ensure emergency vehicles have adequate access to the vacant lot that is the subject of a requested building permit. Access to island properties may be waived under section 52-144.

(b)

The erection or attachment of a garage or accessory structure may be permitted on a lot that is improved by a principal building but does not conform with the access requirements of this section.

(Code 1997, § 17.19; Rep. and Recr. #411)

(Ord. No. 818, § 2, 10-16-2023)

(a)

No additional lots abutting a navigable water may be created unless the lot has at least 150 feet of shore frontage, measured at the ordinary high water mark. This restriction shall not apply to:

(1)

A conditional use permit issued in conjunction with a planned development in accordance with article IX of this chapter.

(2)

Public access points.

(3)

The transfer of lands from one existing lot to another existing lot, provided the shore frontage requirement of the underlying zoning district is complied with and no additional lots are created.

(b)

Joint or common ownership or easement of a water fronting lot for the purpose of providing water access to lots not immediately abutting the water, pyramiding, shall not be permitted.

(c)

The plan commission may grant a special exception to the restrictions contained in subsection (a) of this section provided the approval meets the terms of a special exception as defined in this article and provided there are no undesirable impacts on adjoining and nearby properties in the surrounding neighborhood or natural resources of the navigable waterway, including drainage, water quality, wildlife and aquatic habitat, and the proposal does not impact pier and navigation rights of adjoining riparian properties. The following additional standards shall be met:

(1)

All applications for a special exception shall be accompanied by supporting documentation that demonstrates that the granting of a special exception is justified in accordance with this section and the purpose and intent of the zoning code.

(2)

Before considering the granting of a special exception, the plan commission shall conduct a public hearing which shall be noticed as a class 2 notice in accordance with section 52-295 of the zoning code.

(3)

The plan commission, and, if appealed, common council have the authority to impose restrictions or conditions on any special exception approvals, such as greater limitations on height, floor area, open space, setbacks, impervious surface, building design, and landscaping that may exceed the restrictions otherwise provided in this article in order to protect adjacent properties, the surrounding neighborhood, natural resources, safety, or the public interest and welfare. The plan commission and common council shall explain the purpose and intent of any restrictions imposed.

(4)

Adverse drainage and excessive grading are prohibited.

(5)

The special exception, as well as any conditions imposed by the plan commission, shall be noted on the face of the land division.

(6)

The applicant, or any person aggrieved by a decision of the plan commission, shall have the right to appeal the decision of the plan commission to the common council. Such appeals shall be made in writing and filed within 30 days of the plan commission's decision and shall specify the particular grounds supporting the appeal. Upon such appeal, all records and findings concerning the application shall be submitted to the common council by the city planner. The common council may adopt the decision of the plan commission or overrule or modify the decision of the plan commission.

(Code 1997, § 17.20; Rep. and Recr. #411; Rep. & Recr. #712)

(Ord. No. 777, § 10, 3-1-2021)

Editor's note— Ord. No. 816, § 5, adopted June 19, 2023, repealed § 52-23, which pertained to pier length and placement and derived from Code 1997, § 17.205; Rep. and Recr. #411; Rep. & Recr. #719.

(a)

Permit required. No person shall install, construct, enlarge, alter or remodel a swimming pool as herein defined, which pool is not within a permanent, fully enclosed building, unless such pool is constructed in accordance with this chapter and pursuant to a building permit issued by the building inspector.

(b)

Application for building permit. Application for a building permit for such pool shall show, in addition to such information as is usually required, the dimensions of the pool, details of construction, a description of construction materials thereof and details of fencing if fencing is required. A building permit shall be required only for swimming pools as hereinafter defined and no building permit shall be required for wading pools.

(c)

Definitions. A swimming pool is defined as an artificial structure, excavation or improvement of a natural pool or pond, which is larger than ten feet, either in diameter or side measurement, is capable of being filled with water to a depth of 24 inches or more at its deepest point and is designed and intended to be used for swimming or bathing whether the same be installed, constructed or erected above or below ground elevation and whether such pool be temporary or permanent. A wading pool is defined as a pool which measures less than ten feet as its longest dimension and is capable of being filled with water to a depth of less than 24 inches at its deepest point.

(d)

Re-erection of swimming pool. If a swimming pool has been dismantled or removed for any reason, it may be re-erected at its original location without a building permit.

(e)

Pool exclusively for private use. Each privately owned swimming pool and wading pool shall be used solely by residents of the property on which it is located and by bona fide gratuitous guests of such residents and no such pool shall be operated commercially.

(f)

Distance and area requirements.

(1)

Every swimming pool, whether in-ground or above-ground, shall be subject to setback and offset requirements of the district in which such pool is to be located. A swimming pool may be erected or constructed on any lot or parcel of land without regard to minimum area or minimum width requirements of the district.

(2)

No pool shall be sited closer than six feet from any building or fence other than a fence surrounding such pool and in the event a fence is erected surrounding such pool, an unobstructed areaway of not less than four feet shall be provided between the pool and such fence.

(g)

Fencing. Except as hereinafter provided, every swimming pool, whether heretofore or hereafter erected, shall be completely enclosed before filling the same, by a secure fence or wall not less than four feet above ground elevation. Such fence or wall shall be provided with a self-closing and self-latching gate or door with the latch located at the top of the gate or door or made inaccessible to small children in any other manner approved by the administrator. No such fence or wall shall be required in the case of above-ground pools, whose walls are perpendicular to the ground and are not less than four feet high, provided that the ladder or steps leading up to the pool is hinged at the top thereof and capable of being raised out of the reach of small children.

(h)

Undesirable construction. If any swimming pool proposed to be erected or which is hereafter erected will be or is a nuisance, hazard or otherwise undesirable, either to the public or surrounding properties, the issuance of a building permit therefor may be withheld. In the case of an existing pool, the administrator may order its removal or proper renovation with the right of the owner to appeal such decision to the plan commission.

(i)

Electrical connections. Electrical installations shall comply with the Wisconsin Electrical Code.

(Code 1997, § 17.21; Rep. and Recr. #411)

(Ord. No. 817, § 10, 7-17-2023)

(a)

Use permitted. Boathouses as defined in section 52-11 and in Wis. Stats. § 30.01(1d), are permitted in any district abutting a public or private body of water in which a single-family dwelling is permitted by right, subject to the terms and conditions set forth herein and Wis. Stats. § 30.121. The interior of such boathouse must be designed and used exclusively for the storage of a boat and may also be used for the storage of marine and accessory items used by the occupants of the lot. Such boathouse shall be placed on a permanent frost-free foundation and shall contain at least 200 square feet in area to be considered a boathouse. The boathouse shall not contain any interior walls or separate rooms. The boathouse shall contain a large garage-type door for primary access on the side of the building facing the water, which shall consist of overhead retractable doors with no more than 25 percent transparent windows. Where a property line abuts the ordinary high water mark of a navigable waterway and a boathouse is desired, such structure may be allowed subject to the five-foot shore setback provision. If any portion of the boathouse is located within the regulated floodplain, then the boathouse shall comply with the provisions of Chapter 16, Article II Floodplain Zoning.

(b)

Lake protection. All boathouse improvements and new construction shall occur in a manner that ensures all stormwater runoff from the boathouse and impervious surfaces within ten feet of the boathouse is directed to a water catchment device in accordance with subsections (b)(1) or (b)(2) below. The catchment device and any required plantings must be maintained as long as the boathouse exists.

(1)

Rain garden in compliance with DNR publication "Rain Gardens: A how to manual for homeowners" (©2003) found on the City of Delafield website. Installation of plantings shall be in accordance with subsection (c) rain garden plant list, or similar species, as well as adhere to the most current Wisconsin Department of Natural Resources recommended planting guidelines.

(2)

Water quality device or system, which shall provide the same level of environmental benefit as a rain garden and be approved by the city engineer.

(c)

Plant selection. Rain gardens shall utilize no less than five native species selected from the rain garden plant list. Grasses/sedges shall make up at least 40 percent of the total plant or seed composition. The homeowner or contractor shall verify with the nursery/supplier what species work best with the soil and sunlight conditions.

Rain Garden Plant List

(d)

Landscape screening. Shrubs species intended to be planted in association with rain gardens must not be planted within the rainwater collection area. Care must be taken so that these shrubs do not out compete or shade the grass and forb species.

(e)

Habitation prohibited. A boathouse may not be used for human occupancy or habitation. This prohibition expressly forbids the installation of bathroom facilities, heating, ventilation, air conditioning, hot water, and other amenities typically found in a primary residence. Plumbing is limited to one hosebibb. No other plumbing fixtures are permitted. Pursuant to the Wisconsin Administrative Code, the installation of plumbing to a boathouse located in the floodplain is prohibited. Electricity supply is limited to a single 110-volt, 20-ampere circuit.

(f)

Height limitations. No boathouse may contain more than one story and shall not exceed 12 feet in total height if a flat roof, excluding railings, and 18 feet in total height if a mansard, gable, gambrel, hip or pitch roof.

(g)

Building and lot width. No boathouse may be constructed on any lakeshore lot having less than 40 feet of lot width computed at the ordinary high water mark. The maximum boathouse width for lots ranging from 40 feet to 66 feet shall not exceed 30 percent of the lot width. The maximum boathouse width on lots with a width ranging from 66 feet to 150 feet shall not exceed 20 feet. The maximum boathouse width on a lot with a lot width greater than 150 feet shall not exceed 24 feet.

(h)

Accessory to a single-family dwelling. No boathouse is permitted unless a single-family dwelling is already present on the lot. Only one boathouse per lot is allowed.

(i)

Building location. A boathouse shall not be closer than five feet to the ordinary high water mark. On lots with a width less than 150 feet the back wall of the boathouse shall not be more than 30 feet from the front wall. On lots with a width greater than 150 feet the back wall of the boathouse shall not be more than 34 feet from the front wall. A boathouse shall not be located closer than six feet from a side lot line.

(j)

Flat roof use. Surfaces of boathouses may be used as open recreational living areas, but shall not be permanently enclosed. Canopies, railings and access stairs shall be considered ordinary appurtenances. Deck construction, railings, and canopies may not exceed four feet in height in addition to the 12-foot height limitation for boathouses with flat roofs set forth in subsection (f) of this section. Any railings constructed on a flat roof and/or deck shall be at least 50 percent open. No flat roof boathouses, including the "ordinary appurtenances" permitted above, shall exceed 16 feet total height.

(k)

Lighting. Lighting shall comply with the standards of section 52-27. All lighting shall be downward, full cut-off, and shielded. Lighting shall be turned off by 10:00 pm each night.

(k)

Nonconforming boathouses. The maintenance and repair of nonconforming boathouses that extend beyond the ordinary high water mark of any navigable water shall be required to comply with Wis. Stats. § 30.121.

(l)

Required approvals. All applications for the repair, remodeling, additions to, and newly constructed boathouses, shall be filed with the city for consideration by the lake welfare committee and plan commission prior to the issuance of a building permit. Upon receipt of a completed application, the city clerk shall provide written notice to those property owners within 300 feet of the subject property for comments and/or consideration prior to lake welfare committee consideration. The lake welfare committee shall make a recommendation to the plan commission who shall be the deciding body. Consideration shall be given to the location, architectural design, color and material to be used, compatibility with the principal structure, rain water remediation, buildings on adjacent properties, the lakeshore setting, and the neighbors' comments. Specific consideration shall be given to the visual impact of the boathouse from the lake and to any obstruction by the boathouse to an adjacent property owner's view of the lake.

(m)

Rain water remediation installation. See subsection (b) of this section. Installation and establishment of approved method and/or plant materials shall be completed within six months of boathouse completion and prior to occupancy and final inspection of the boathouse.

(Code 1997, § 17.22; Rep. and Recr. #411; Rep. & Recr. #719; Rep. and Recr. #737)

(Ord. No. 775, §§ 1, 2, 2-15-2021; Ord. No. 829, § 2, 4-15-2024)

(a)

Manufactured and modular homes. Manufactured and modular homes shall be permitted in any residential district providing all of the lot, yard, and floor area requirements applicable to site-built housing are met and the manufactured or modular home meets the following standards to assure compatibility with other site-built residences in the district in which the homes are located:

(1)

Manufactured and modular homes must have a pitched roof with overhanging eaves, comparable in appearance to other residential buildings in the district.

(2)

Manufactured and modular homes must be on a permanent masonry foundation comparable to the foundations or basements of other residential buildings in the district.

(3)

All wheels, axles, or any other appurtenances associated with transportation must be removed.

(b)

Outdoor stacking or storing of equipment or materials.

(1)

General. In any district, no equipment or materials of any kind shall be piled, stacked or stored out of doors, except when it is anticipated that such equipment or materials are to be utilized currently and ancillary to a lawful use of such premises. Except for construction materials used on site, agricultural, quarrying equipment or materials in appropriate districts, and domestic fuels, any material to be used more than 30 days from the time of such piling, stacking or storage shall not be considered as piled, stacked or stored for current use.

(2)

Restriction in residential districts. No outdoor piling, stacking or storing of equipment or materials used for commercial purposes shall be permitted in any residential district other than equipment or materials associated with currently permitted building construction activity on the site. Any storage of materials, equipment or vehicles associated with a home business or home occupation or nonconforming commercial use in a residential district shall not be allowed except as where allowed by an approved plan of operation or other expressed action of the plan commission.

(c)

Recreational vehicle parking. Recreational vehicles shall not be used for the purpose of habitation in excess of seven days aggregate in any 365-day period. Recreational vehicles shall not be permanently parked or stored in the front yard in any residential or rural estate district.

(d)

Reserved.

(e)

Keeping of horses. The keeping of horses is permitted in agricultural, rural estate and residential districts, subject to the following conditions:

(1)

A minimum lot area of three acres is required in any rural estate or residential district.

(2)

One horse per acre of lot area may be kept.

(3)

Site plan required for barn or stable in conjunction with a residential dwelling. Barns or stables under this section shall be subject to section 52-110(9).

(Code 1997, § 17.23; Rep. and Recr. #411; Am. #420)

(Ord. No. 817, §§ 11, 12, 7-17-2023)

(a)

Purpose, applicability and goals.

(1)

The purpose of this section is to improve the health, safety and general welfare of all zoning districts by restricting the night-time emission of light rays which are the source of light trespass and/or unnecessary glare; and/or are detrimental to the safety and/or security of persons, property or vehicular traffic; and/or are detrimental to the traditional aesthetic values of the city; and/or unnecessarily restrict persons from the peaceful enjoyment of their property.

(2)

The provisions of this section shall apply to all outdoor luminaries used, installed, replaced, altered, moved or repaired in all zoning districts after the effective date of this section, except as this applicability is specifically expanded or reduced herein.

(3)

The goal of this section is to have all outdoor luminaries in all zoning districts to be located, sized and/or downward directed unless upward illumination is allowed by this section so that the light emitted from the luminaries does not constitute light trespass as defined herein. Downward directed shall mean that the luminaire is shielded in such a manner that light rays emitted by the luminaire, whether directly from the lamp or indirectly from the fixture, are restricted to regions below an angle 15 degrees beneath the horizontal plane running through the lowest point on the fixture where light is emitted. Light rays shall be shielded so as not to be visible from beyond the boundaries of the property.

(b)

Effect on other codes. The provisions of this section are intended to supplement other applicable codes and requirements. Compliance with all applicable provisions of building, zoning, electrical and other codes must be observed. In the event of a conflict between the requirements of this Code and other requirements, the more stringent requirement shall apply.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Footcandle means a standard unit of illumination.

Light shield means any attachment which interrupts and blocks the path of light emitted from a luminaire or fixture.

Light trespass means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located with an intensity greater than one half foot candle at a point four feet above the ground at the property's boundary line and/or at a point four feet above the surface of the water and 150 feet from that property's shoreline when measured on the water.

Luminaire means the complete lighting system, including lamp and the fixture.

Private driveway means any way:

(1)

Serving not more than three lots;

(2)

Used primarily for ingress and egress to and from said lots by motor vehicles; and

(3)

For which ingress and egress right is established by private easement and/or private ownership.

Private road means any street, highway, road or other way that is privately owned, that is used primarily for ingress and egress to and from lots by motor vehicles, and that is not a private driveway as defined herein.

Public street means any street, highway, road or other way owned by or dedicated to the City of Delafield or governmental entity and used primarily for public travel in motor vehicles.

Residentially-zoned neighborhood means any area in the City of Delafield zoned R-1, R-1A, R-L1, R-L2, R-2, R-3, R-4, R-5, R-6, or R-7.

(d)

Requirements.

(1)

Light trespass. All outdoor luminaires shall be located, sized, shielded and/or directed in such a manner that they do not constitute light trespass as defined herein.

(2)

Safety. No outdoor luminaire may be operated in such manner as to constitute a hazard or danger to persons, or to safe vehicular or boating operation.

(3)

Illuminating elevated objects. In the case of state and national flags, statues, entrance way markers, or other top-of-pole mounted objects which cannot be illuminated with downward directed lighting, upward directed lighting may be used only in the form of one or two narrow-cone spotlights which confines the illumination to the object of interest, and provided that the lighting is restricted to an angle of not less than 75 degrees up from horizontal.

(4)

Pole fixtures. Outdoor light pole fixtures shall not exceed a maximum height of 30 feet.

(e)

Special exemptions. The following are exempt from the requirements of this section, to the extent described as follows:

(1)

Temporary exemption. Request for temporary exemption from the provisions of this section may be submitted to the city administrator in written form describing the reason for the request and the nature of the request. If approved and granted in writing by the city administrator, such exemption shall be in force for not more than 30 days. Request for a maximum of a 30-day renewal may be made in a similar manner. The city administrator may terminate any temporary exemption for any reasonable cause, including, but not limited to, concerns about safety or light trespass.

(2)

Low voltage. All low-voltage landscape or accent lighting and holiday lighting are exempt from the requirements of this section, except for the requirements of subsections (d)(1) and (4) of this section.

(3)

Security. Motion detector security lights, which are normally off and which are activated on for less than four minutes occasionally when motion is detected, are exempt from the requirements of this section.

(4)

Public and private roads. Outdoor luminaries used to provide illumination for public streets and private roads are exempt from the requirements of this section except as described in this section.

(Code 1997, § 17.235; Rep. and Recr. #411; Am. #491)

(a)

Purpose and intent. Impervious surface standards are intended to protect water quality, fish and wildlife habitat, and protect against pollution of navigable waters.

(b)

Applicability. Impervious surface standards shall apply to all residential properties located in the RL-1, RL-1a, and RL-2 Districts that have frontage on a navigable waterway as defined by the Wisconsin Department of Natural Resources. If a developed lot currently exceeds the standards of this article and the property is redeveloped, these standards shall apply.

(c)

Limitations. The following impervious surface standards apply to all lots that meet the applicability provisions of subsection (b):

(1)

No impervious surfaces are permitted within 35 feet of the ordinary high water mark of a navigable waterway, with the following exceptions:

a.

Boathouses that comply with all other provisions of this section and WDNR regulations.

b.

A single walkway to the waterway with a width not to exceed five feet.

(Ord. No. 779, § 2, 4-19-2021)