(a)

Establishment.

(1)

Authority.

a.

Pursuant to Wis. Stats. § 62.23, there is hereby created in and for the city a zoning board of appeals to consist of five members appointed by the mayor, subject to confirmation by the council, for regular terms of three years. The members of the board shall serve without compensation and shall be removable for cause as provided by law. There shall also be appointed as provided above first and second alternate members of the board for staggered terms of three years, who shall act with full power only when a member of the board refuses to vote because of conflict of interest or when a member is absent. Any vacancy occurring on the board shall be filled for the unexpired term of the member involved by appointment and confirmation as aforesaid. The City Attorney, or its designee, shall be present at all board meetings in order to provide legal counsel.

b.

The board shall adopt rules, meet, hear, and determine appeals as prescribed by law and shall have all of the powers conferred thereon by the provisions of any statute, law, rule, or ordinance now existing or hereafter created including, but not limited to, the power in appropriate cases and subject to appropriate conditions and safeguards, to make variances to the terms of this chapter in harmony with the general purposes and intent of this chapter and in accordance with general or specific rules therein contained.

c.

The board shall have the following powers: to hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto; to authorize upon appeal in specific cases a variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Administrative official does not include any committee, commission, board, council, or their individual members.

(2)

General. All members of the board shall reside within the city. The actual and necessary expense incurred by the board in performance of its duties shall be paid and allowed as in cases of other claims against the city.

(b)

Rules.

(1)

Rules and procedures. The board shall adopt such rules governing its procedure as it may deem appropriate and consistent with this chapter, but such rules shall provide:

a.

Minutes of the proceedings of the board shall be regularly kept, indicating members present, members voting, ayes and nays individually and a synopsis of testimony, appearances and interlocutory rulings made in the course of its proceedings.

b.

Before a public hearing is scheduled, complete data and information regarding the proposed structure, alteration, use or variance, including detailed plot plans demonstrating the relation of the proposal to surrounding lands within 100 feet of the premises, shall be filed in writing with the board and shall be available for public inspection prior to the application deadline.

c.

An application to the board shall include the same data and information presented to the original authority whose decision is being appealed.

d.

All orders shall be in writing and filed with the office of the board. Orders reversing in any degree or respect the prior determination of an original administrative authority shall not of themselves constitute an authorization to proceed with any construction, use, or occupancy, but such orders shall be remanded to the appropriate original authority for action consistent with the board's order. No reversal shall arise from any such orders by implication.

(2)

Certiorari. Any person aggrieved by any decision of the board, or any taxpayer, or any officer, department, board, or bureau of the city may, within 30 days after the filing of the decision in the office of the board, commence an action seeking the remedy available by certiorari.

(c)

Appeal of administrative decisions.

(1)

Appeal rights. Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of any administrative official. Such appeal shall be initiated by filing written notice with the administrative official from whom the appeal is taken within 20 days of the administrative official's decision. Such notice of appeal shall specify the particular grounds thereof. The administrative official from whom the appeal is taken shall transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(2)

Stay. An appeal shall stay all rights, privileges, or proceedings pursuant to the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board after the notice of appeal is properly filed, that by reason of facts stated in the certificate, a stay would in the administrative official's opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or a court of record on application, on notice to the administrative officer from whom the appeal is taken, and on due cause shown.

(3)

Hearing. An appeal shall be heard within a reasonable time from the filing of the appeal with the board. Notice of hearing shall be published by Class 2 notice in accordance with Wis. Stat. Ch. 985 within 30 days and not less than ten days before the date of hearing. In addition, written notice shall be given to all parties in interest in accordance with section 52-295. If the appeal involves a lot or parcel of land, any part of which is in a designated floodplain area under chapter 16, article II of the Code or is zoned RL-1, RL-1A or RL-2, the southeast district office of the Wisconsin Department of Natural Resources shall be given written notice ten days prior to the hearing. At the hearing, any party may appear in person or by agent or attorney.

(4)

Review criteria. The board may reverse, affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative official from whom the appeal is taken, and may issue or direct the issuance of a permit. An administrative official's decision may be reversed only if the board finds that the administrative official erred.

(5)

Decision. The decision on any appeal shall be made within a reasonable time after completion of the hearing by filing a written decision with the office of the board. If the Wisconsin Department of Natural Resources was notified of the hearing, it shall be provided a copy of the board's decision within ten days of the board's decision. If no decision is filed in the records of the board within such time, the order appealed shall stand affirmed.

(6)

Successive applications. Once an appeal has been denied by the board, no rehearing on the same or substantially similar appeal may held, except upon a majority vote of the board finding that substantial new evidence is submitted that could not reasonably have been presented at the previous hearing.

(d)

Area variances.

(1)

Application. The board may grant an area variance to modify a dimensional, physical, or locational requirement under this chapter such as a setback, frontage, height, bulk, or density restriction for a structure in accordance with this section and as provided by law. Applications under this section shall be filed with the city administrator who shall transmit the application to the board prior to the board's hearing on the matter. Use variances are prohibited.

(2)

Notice of hearing. Notice of hearing shall published by class 2 notice in accordance with Wis. Stat. Ch. 985 within 30 days and not less than ten days before the date of hearing. In addition, written notice shall be given to all parties in interest in accordance with section 52-295. If the appeal involves a lot or parcel of land, any part of which is in a designated floodplain area under chapter 16, article II of the Code or is zoned RL-1, RL-1A or RL-2, the southeast district office of the Wisconsin Department of Natural Resources shall be given written notice ten days prior to the hearing. At the hearing, any party may appear in person or by agent or attorney.

(3)

Review criteria. No variance may be approved unless the board finds that the property owner has met the burden of demonstrating that the variance is not contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. The property owner bears the burden of proving an unnecessary hardship by demonstrating that strict compliance with this chapter would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with this chapter unnecessarily burdensome. In order to grant a variance, the conditions must be unique to the property owner, rather than considerations personal to the property owner or created by the property owner.

(4)

Decision. The board may grant the variance, grant the variance with conditions, or deny the variance. The board's decision shall be made within a reasonable time after completion of the hearing by filing a written decision with the office of the board. If the Wisconsin Department of Natural Resources was notified of the hearing, it shall be provided a copy of the board's decision within ten days of the board's decision.

(5)

Successive applications. Once a variance request has been denied by the board, no rehearing on the same or substantially similar variance application may be held, except upon a majority vote of board finding that substantial new evidence is submitted that could not reasonably have been presented at the previous hearing.

(6)

Lapse of approval. A variance will lapse and have no further effect one year after it is granted by the board, unless a building permit has been issued (if required), the use or structure has been lawfully established, or a different time period was established in the board's decision.

(Code 1997, § 17.84; Rep. and Recr. #411; Am. #719)

(Ord. No. 823, § 2, 11-6-2023; Ord. No. 827, § 2, 2-22-2024)

(a)

Building permit.

(1)

Required. No building, structure, or part thereof shall be built, enlarged, altered or demolished within the city or moved into, within or out of the city, and no construction activity shall commence until a building permit has been issued by the building inspector pursuant to application as prescribed herein, certifying that the proposed building or structure complies with this chapter and chapter 8, article II.

(2)

Procedure. An application for a building permit shall be made in conformity with requirements of chapter 8, article II.

(3)

Exception. No building permit shall be required for public utility transmission or distribution facilities.

(4)

Building previously unoccupied; bond required. No building permit shall be issued to erect, structurally alter, or relocate any building that is unoccupied at the time an application is made unless the applicant tenders a cash bond as established in section 8-22. The cash bond shall be immediately forfeited to the city if such building is occupied prior to the issuance of an occupancy permit as provided in this section. This requirement applies only to buildings which exceed 750 square feet in size, whether intended for human occupancy or not.

(b)

Certificate of occupancy permit.

(1)

Required. No building previously unoccupied shall be used or occupied until a certificate of occupancy permit has been issued certifying that any such building, use, or occupancy complies with this chapter. A like permit shall be obtained before any change is made in the use relevant to zoning classification or before any legal nonconforming use is resumed, changed, extended or granted conditional use status.

(2)

Procedure.

a.

Verification of use. Application for a certificate of compliance shall be made to the city planner prior to occupancy of a new or modified use or prior to the commencement of any use not involving a building permit.

b.

Building permit issuance. After the issuance of a building permit and within ten days after notification of the completion of the erection, alteration or relocation of the building or structure or of intent to commence a use, the building inspector shall inspect the premises and all buildings. If the building and the existing and proposed uses of the premises comply with this chapter, a certificate of occupancy permit shall be issued. No certificate of occupancy permit shall be issued until:

i.

A water meter is installed and operational;

ii.

A safe water test has occurred and the results of which have been provided to the city;

iii.

Exterior work, plumbing, heating, electrical, and sanitary installations are complete;

iv.

Interior surfaces are structurally complete.

v.

Erosion control conditions or measures required by the city are properly installed. If, after inspection, erosion control measures have not been properly installed, the lot owner shall within seven days of written notice by the city, take all necessary action to correct and comply with the required erosion control measures. In the instances where damage or harm to adjacent public or private property could occur due to improper or lack of adequate erosion control, the correction period after written notice shall be reduced to 24 hours. If the lot owner fails to take corrective action within said time frames, the city may take such corrective action, and deduct all costs and expenses from the cash bond that has been deposited per section 8-22. If adequate funds are not available, then the costs and expenses shall be entered on the tax roll as a special assessment against the property and collected in conjunction with any and all other taxes levied on said property.

(3)

Water supply for occupied buildings. Prior to the issuance of an occupancy permit for any buildings intended for human occupancy and constructed, satisfactory evidence of a safe and adequate supply of pure water must be furnished to the building inspector, unless connection is to be made to a city water system. The evidence submitted to the building inspector shall include, in addition to the water quality information, the location of the proposed well and the distance from the proposed well to any septic system, building or other well located or proposed to be located within 100 feet.

(4)

Expiration. If within six months of the date of application no certificate of occupancy permit has been issued, any building permit related thereto shall lapse and the building inspector shall verify that no use of occupancy has in fact commenced without proper authority. If the building inspector determines that an interruption of construction is temporary and unlikely to extend beyond 60 additional days, the building inspector may grant extensions of such permit for successive periods not to exceed three months each.

(c)

Temporary occupancy permit.

(1)

Pending the issuance of a certificate of occupancy permit, a temporary occupancy permit may be issued for a period not exceeding six months during the completion of alterations or during partial occupancy of a building pending its permanent occupation. A temporary occupancy permit shall not be issued, except under such restrictions and provisions as will adequately ensure the safety of the occupants, and in any event will not be issued until the complete plumbing and electrical wiring and outlets are installed and approved and the plastering, if any, and outside wall insulation are complete. A temporary occupancy permit shall be voided if the building fails to conform to this chapter to such a degree that renders it unsafe for the occupancy proposed. No premises shall be rented to tenants under a temporary occupancy permit. If a site plan is required, section 52-59 regarding temporary occupancy permits is applicable.

(2)

No temporary occupancy permit shall be issued unless a cash bond in the sum of $5,000.00 for any existing or new building has been tendered to the city by the applicant. If an applicant has already tendered a $5,000.00 cash bond under section 52-292(a), then, an additional $5,000.00 cash bond shall be required if such applicant applies for a temporary occupancy permit. A cash bond required by this subsection shall be immediately forfeited to the city if any such new building, or addition or alteration to any existing building fails to conform with this chapter or chapter 8, article II, within six months of the time that a temporary occupancy permit is issued.

(d)

Building permit fees. Fees as from time to time set by the common council by resolution shall be paid to the city before any building permit is issued. Whenever any work is commenced prior to obtaining a permit from the building inspector, the person on whose property such work has been commenced shall be liable for twice the amount of any applicable fees.

(Code 1997, § 17.85; Rep. and Recr. #411; Rep. & Recr. #540; Am. #540)

(Ord. No. 823, § 3, 11-6-2023)

(a)

Plan commission. The plan commission shall make and adopt a master plan as described in Wis. Stats. § 66.1001, and perform such duties as are required of the plan commission under Wis. Stats. § 62.23. The plan commission shall oversee the administration of this chapter, and when required or upon the request of the common council, shall make and present to the common council such recommendations as is required or requested relating to zoning matters and the administration of this chapter.

(b)

Administrator. The city administrator is hereby designated the administrative officer for the provisions of this chapter under the direction of the plan commission. The administrator may delegate certain administrative, inspection, and enforcement responsibilities to the building inspector or other city employees or independent contractors subject to approval by the plan commission.

(c)

Building inspector.

(1)

Designation. The building inspector is hereby designated as the inspection and enforcement officer for the provisions of this chapter under the direction of the city administrator.

(2)

Duties. In the administration and enforcement of this chapter, the building inspector shall perform the following duties:

a.

Issue, where appropriate, building and occupancy permits and make or cause to be made the necessary inspections.

b.

Keep an accurate record of all building and occupancy permits issued and all documents upon which the same are based and review conditional uses annually.

c.

Keep a current file of all nonconforming uses as prescribed in section 52-197 to be reviewed annually.

(3)

Authority. In the enforcement of this chapter, the building inspector shall have power and authority provided by law and as follows:

a.

At any reasonable time under reasonable circumstances and for any proper purpose of the office, enter upon any public or private premises and make inspection thereof.

b.

Upon reasonable cause or question as to proper compliance, revoke any building or occupancy permit, and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the building inspector or the board of appeals.

c.

In the name of the city and with the authorization of the common council and advice of the city attorney, commence any legal proceedings necessary to enforce the provisions of this chapter, including the collection of forfeitures provided for herein.

(4)

Compensation of building inspector. The building inspector shall receive compensation for its duties and necessary expenses incurred, such salary and expense allowances as may be fixed by the common council.

(Code 1997, § 17.86; Rep. and Recr. #411; Rep. & Recr. #719)

(Ord. No. 823, § 4, 11-6-2023)

(a)

Authority. Whenever the public necessity, general welfare or good zoning practice require, the common council may by ordinance change the district boundaries or amend, change or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the plan commission.

(b)

Initiation. A change or amendment may be initiated by the common council, plan commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(c)

Filing of petitions.

(1)

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the city clerk at least 28 days in advance of a regularly scheduled plan commission meeting.

(2)

The petition shall describe the premises to be rezoned or the regulations to be amended, state the reasons justifying the petition, specify the proposed use, and have attached the following:

a.

Plot plan. A plot plan drawn to a scale of one inch equals 100 feet, showing the area proposed to be rezoned, its location, dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.

b.

Owners' names and addresses. The owners' names and addresses of all properties lying within 300 feet of the area proposed to be rezoned.

c.

Additional information. Additional information required by the plan commission or common council.

d.

Fee. A fee as established in section 52-296(a) or by resolution of the common council.

(d)

Referral and review by the plan commission. The city clerk shall transmit a copy of the petition to the common council and plan commission.

(e)

Hearings. The plan commission shall hold a public hearing upon each petition, giving public notice thereof as specified in section 52-295, listing the time, place, and the changes or amendments proposed.

(f)

Recommendation. Based upon its review and findings, the plan commission shall recommend to the common council that the petition be granted as requested, modified, or denied.

(g)

Common council's action. Upon receipt of the plan commission's recommendation, the common council may adopt the action recommended by the plan commission, adopt the action recommended by plan commission with amendments, or reject the action recommended by the plan commission. If the council rejects the plan commission's recommendation, the council shall refer the matter to the plan commission with directions to recommend action to effectuate the council's determination and report the same back to the council. After approval of a map or text amendment which affects a lot or parcel of land, any part of which is located in a designated floodplain area or is zoned RL-1, RL-1A, or RL-2, the Wisconsin Department of Natural Resources, southeast district office, shall be notified. Copies of the decision shall be sent to the Department of Natural Resources within ten days after the map or text amendment was granted or denied.

(h)

Protest. In the event of a protest against such district change or amendment to the regulations of this chapter that results in downsizing, signed and acknowledged by the owners of 20 percent or more, either of the areas of the land included in such proposed change, by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective, except by the favorable vote of three-fourths of the full common council membership. A protest shall be filed with the city clerk at least 24 hours prior to the date of the meeting of the common council when the proposed change is to be considered.

(Code 1997, § 17.87; Rep. and Recr. #411; Am. #496; Am. #517; Rep. & Recr. #646)

(Ord. No. 800, § 2, 7-18-2022; Ord. No. 823, § 5, 11-6-2023)

Notice of any public hearing which the common council, plan commission, or zoning board of appeals is required to hold under his chapter shall specify the date, time, and place of hearing, and the matter to be presented at the hearing. Pursuant to Wis. Stats. ch. 985, the notice shall be published as a Class 2 notice, to wit:

(1)

The notice of public hearing shall be published in a newspaper of general circulation in the city at least once each week for two consecutive weeks, the last publication of which shall be at least one week before the public hearing.

(2)

Notice of the public hearing shall be mailed to all parties-in-interest at least ten days before the hearing. Parties-in-interest shall be defined as the petitioner, the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition and the owners of all lands lying within 300 feet of the lands included in the petition. Where notification is required for an individual property that is a component of a multi-parcel conditional use or planned development, notice requirements shall include all parcels within the parent development and shall extend beyond the bounds of the parent development. Exterior notice requirements be measured from the extreme limits of the governing conditional use boundary. The failure of such notice to reach any property owner shall not invalidate the action taken by one of the bodies above.

(3)

The southeast district office of the Wisconsin Department of Natural Resources shall be given at least ten days' prior written notice of any public hearings required by this chapter which involve a lot or parcel of land, any part of which is located in a designated floodplain area (see floodplain zoning regulations in chapter 16, article II) or is zoned RL-1, RL-1A or RL-2.

(Code 1997, § 17.88; Rep. and Recr. #411; Rep. & Recr. #603)

(Ord. No. 823, § 6, 11-6-2023)

(a)

Fees. All persons performing work for which this chapter requires issuance of a permit shall pay the following nonrefundable fee to the city to help defray the cost of administration, investigation, advertising and processing of permits and variances:

(b)

Violations. No person shall construct or use any structure, land or water in violation of any provision of this chapter. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In the case of any violation, the common council, plan commission, building inspector, administrator, or any property owner who is specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter.

(c)

Penalties. Any person who fails to comply with any provision of this chapter shall, upon conviction by the city thereof, be subject to the forfeitures and provisions of section 1-4 of the City of Delafield Code of Ordinances. Each day a violation exists or continues shall constitute a separate offense.

(d)

Enforcement by injunction. In addition to any other right or remedy provided by law or the City of Delafield Code of Ordinances, compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the city or of one or more owners of real estate situated within an area affected by the regulations of this chapter. It shall not be necessary to prosecute for forfeiture or imprisonment before resorting to injunction proceedings.

(e)

Declared nuisances. Any building erected, structurally altered, or placed on a lot, or any use continued in violation of any provision of this chapter is hereby declared to be a public nuisance per se and the city may apply to any court of competent jurisdiction to restrain or abate such nuisance.

(Code 1997, § 17.89; Rep. and Recr. #411; Am. #740)

(Ord. No. 823, § 7, 11-6-2023)

All persons wishing to appear before the plan commission must complete the official plan commission agenda application and file with the city clerk at least 28 days in advance of a regularly scheduled plan commission meeting in order to be placed on the agenda. If an application is filed 27 days or less prior to a scheduled plan commission meeting, the matter will be automatically deferred to the following month's meeting. No request to be placed on a plan commission agenda will be considered unless such application is timely filed.

(Code 1997, § 17.90; Rep. and Recr. #411)

(Ord. No. 800, § 3, 7-18-2022)