(a)

Plan of operation review and approval requirements.

(1)

No person shall operate a commercial enterprise, industry, home business, church, school, nonprofit organization, or other nonresidential use, except as authorized by a plan of operation approved by the plan commission under this section.

(2)

An amendment to an existing plan of operation requires approval by the plan commission if a business or institution increases the amount of employees, changes the nature of the product or service, or extends the hours of operation beyond those shown on the existing plan of operation.

(3)

An amendment to an existing plan of operation may be approved by the city administrator, or its designee, upon a change limited to property ownership, business ownership, or operator name. An amendment approved under this provision shall be reported to the plan commission at the meeting following the approval.

(b)

Temporary plan of operation permits. The city administrator may issue a temporary plan of operation permit, which shall expire on the date of the plan commission meeting following the issuance of the temporary plan of operation permit.

(c)

City of Delafield facilities. City of Delafield facilities are exempt from plan of operation permit requirements.

(d)

Required information for a plan of operation permit. All plans of operation shall be submitted to the city administrator on forms supplied by the city. An application for a plan of operation permit shall include the following information:

(1)

Name, type, and address of the business or institution.

(2)

Name and address of the property owner.

(3)

Name and address of the manager, if other than the owner.

(4)

The proposed hours of operation.

(5)

The number of full-time and number of part-time employees.

(6)

Plot plan for multitenant buildings, if applicable.

(7)

Interior floor plan of tenant space, if applicable.

(8)

A narrative explaining the operation, including types of indoor and outdoor uses, products, or services offered.

(e)

Criteria for plan of operation approval. The following criteria will be used by the plan commission in reviewing applications for plan of operation permits:

(1)

Proximity to residential neighborhoods and the potential for disturbing and disrupting residential uses.

(2)

Adequacy of the principal building and other structures on the site for the proposed activity. Plan of operation permits will only be issued to businesses to be conducted in permanent structures. Temporary plan of operation permits may be issued, at the discretion of the plan commission, for temporary structures or facilities not on a permanent foundation, such as wheeled trailers, vendor carts, and season stands.

(3)

Availability of adequate parking to meet the needs of employees and customers.

(4)

Adequacy of street access.

(f)

Hours of operation.

(1)

Authority. Based upon the impact on residential areas in proximity to commercial uses and the cost of police protection and other public services necessary to adequately serve the business with extended hours of operation, the common council finds that it is necessary to limit hours of operation for all businesses.

(2)

Hours allowed. The plan of operation required by this section shall contain a proposal for hours of operation. No business may be open with lit signage to the public between the hours of 2:00 a.m. and 5:00 a.m. except for the following uses:

(3)

Setback from residences. All 24-hour operations approved by the city after the effective date of the ordinance from which this chapter is derived shall conform to a 200-foot setback from any abutting residential property line.

(Code 1997, § 17.33; Rep. and Recr. #411; Am. #514)

(Ord. No. 818, § 3, 10-16-2023)