1. Common Council. See Chapter 2.02 of the city code of ordinances.
2. City Plan Commission. See Chapter 2.24 of the city code of ordinances.
3. Board of Zoning Appeals.
   1. Established. The board of zoning appeals is established by this ordinance for the purpose of making decisions on variance applications and appeals of administrative decisions.
   2. Composition.
      1. The board of zoning appeals consists of 5 regular members, all of whom are appointed by the mayor and subject to confirmation of the common council.
      2. In addition to the 5 regular members, the mayor may appoint 2 alternate members of the board of zoning appeals, subject to confirmation of the common council. Alternate members have the power to act only when a regular member refuses to vote because of a conflict of interest or when a regular member is absent.
   3. Appointment of Officers.
      1. The mayor has authority to designate a chairperson of the board of zoning appeals.
      2. The board of zoning appeals is authorized to appoint a secretary.
   4. Terms. Regular and alternate members of the board of zoning appeals serve 3-year terms.
   5. Powers and Duties. The board of zoning appeals has all of the powers and duties expressly identified in this zoning ordinance, including the following:
      1. to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or design review board, in the administration or enforcement of this zoning ordinance (See also Section 24.16.110 and Section 24.13.010O);
      2. to authorize (non-use) variances that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the zoning ordinance will be observed, public safety and welfare secured and substantial justice done (See also Section 24.16.060); and
      3. to hear and decide applications for those temporary uses requiring approval of the board of zoning appeals.
   6. Assistance. The board of zoning appeals may request assistance from any other city officers, departments, commissions or boards.
   7. Oaths and Witnesses. The chairperson of the zoning board has the authority to administer oaths and compel the attendance of witnesses.
4. Historic Preservation Commission.
   1. Establishment. The historic preservation commission is established and assigned the powers and duties expressly indicated in this zoning ordinance.
   2. Composition. The historic preservation commission consists of seven (7) members, one (1) of whom must be an alderperson, one of whom shall be the Executive Director of the Wauwatosa Historical Society or that person’s designee, and five (5) of whom must be residents. Upon initial appointment of the Executive Director, as described above, the commission shall temporarily have eight (8) members until such time as the next subsequent resident member’s current term expires.Appointment. Members of the historic preservation commission are appointed by the mayor and subject to confirmation of the common council.
   3. Terms. Each member of the historic preservation commission serves a 3-year term.
   4. Operation. The commission may adopt specific operating guidelines for historic structure, historic site and historic district designations, provided the guidelines are in conformance with the provisions of this zoning ordinance.
   5. Powers and Duties. The historic preservation commission has all of the powers and duties expressly identified in this zoning ordinance, including the following:
      1. recommending designation of historic structures, historic sites and historic districts;
      2. issuing certificates of appropriateness;
      3. preparing historic preservation plans;
      4. working for the continuing education of citizens about the historical heritage of the city and the historic properties designated under the provision of this zoning ordinance;
      5. cooperating with the State of Wisconsin historic preservation officer and the state historic preservation review board in attempting to include such properties designated as landmarks or landmark sites, or historic districts in the National Register of Historic Places and the State Register of Historic Places;
      6. receiving and soliciting funds for the purpose of historic preservation, which funds must be placed in a special city account set aside for such purpose; and
      7. developing specific guidelines for historic structures, historic sites and historic district designations.
   6. Historic District Plans.
      1. Historic district plans may be designated for any geographic area of particular historic, architectural or cultural significance to the city that:
         1. exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community;
         2. is identified with historic personages or with important events in national, state or local history;
         3. embodies the distinguishing characteristics of architectural types or specimens inherently valuable for the study of a period or periods, styles, methods or construction, or of indigenous materials or craftsmanship;
         4. is representative of the notable works of master builders, designers or architects who influenced their age.
      2. Each historic preservation plan prepared for or by the historic preservation commission must include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development and a statement of preservation objectives.
   7. Design Review. The historic preservation commission is designated as the city's design review authority within historic districts and for historic properties/sites.
5. Design Review Board. See Title 15 of the city code of ordinances.
6. Zoning Administrator.
   1. Powers and Duties. The zoning administrator is responsible for carrying out those duties and responsibilities expressly assigned by this zoning ordinance and for:
      1. conducting inspections of buildings, structures and land to determine compliance with this zoning ordinance and notifying in writing the person responsible for any violation found;
      2. ordering the discontinuance of observed violations of this zoning ordinance or taking any other action authorized by law or by this zoning ordinance to ensure compliance with or to prevent violation of zoning ordinance provisions;
      3. assisting the city attorney in the prosecution of zoning ordinance violations;
      4. maintaining permanent and current records of this zoning ordinance, including, all maps, amendments, conditional use permits, planned unit developments, variances, appeals, applications and zoning ordinance text;
      5. advising all persons seeking zoning information of the existence of officially adopted plans;
      6. providing and maintaining a source of public information relative to all matters arising out of this zoning ordinance;
      7. receiving, filing and forwarding to the plan commission, the board of zoning appeals and common council all applications for matters on which those respective entities are required to review or take action; and
      8. keeping the plan commission, board of zoning appeals and common council advised of zoning activities.

(Ord. O-14-20, pt. XII, 8-5-2014)

1. Responsibility for Enforcement. The zoning administrator is responsible for enforcing this zoning ordinance, except as otherwise expressly stated.
2. Violations. Unless otherwise expressly allowed by this zoning ordinance or state law, any violation of a provision of this zoning ordinance—including but not limited to all of the following—are subject to the remedies and penalties provided for in this zoning ordinance.
   1. to use land or buildings in any way not consistent with the requirements of this zoning ordinance;
   2. to erect a building or other structure in any way not consistent with the requirements of this zoning ordinance;
   3. to engage in the use of a building or land or to carry out construction, demolition or any other activity requiring one or more permits, certificates or approvals under this zoning ordinance without obtaining the required permits, certificates or approvals;
   4. to engage in the use of a building or land or to carry out construction, demolition or any other activity requiring one or more permits, certificates or approvals under this zoning ordinance in any way that is inconsistent with the permit, certificate or approval or any conditions imposed on the permit, certificate or approval;
   5. to violate the terms of any permit, certificate or approval granted under this zoning ordinance or any condition imposed on the permit or approval;
   6. to obscure, obstruct or destroy any notice required to be posted or otherwise given under this zoning ordinance;
   7. to violate any lawful order issued by any person or entity under this zoning ordinance; or
   8. to continue any violation after receipt of notice of a violation.
3. Continuing Violations. Each day that a violation remains uncorrected after receiving notice of the violation from the city constitutes a separate violation of this zoning ordinance.
4. Remedies and Enforcement Powers. The city has all remedies and enforcement powers allowed by law, including the following:
   1. Withhold Permit.
      1. The zoning administrator may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
      2. The zoning administrator may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.
   2. Permits Approved with Conditions. Instead of withholding or denying a permit or other authorization as authorized in Section 24.17.020D.1, the zoning administrator may grant such authorization subject to the condition that the violation be corrected.
   3. Revoke Permits.
      1. Any permit, certificate or other form of authorization required under this zoning ordinance may be revoked by the zoning administrator when the zoning administrator determines that any of the following has occurred:
         1. that there has been a departure from the plans, specifications, or conditions required under terms of the permit;
         2. that the development permit was procured by false representation or was issued by mistake; or
         3. that any of the provisions of this zoning ordinance have or are being violated.
      2. Written notice of revocation must be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location. After delivery or posting of notice, no construction or development may proceed.
   4. Stop Work. With or without revoking permits, the zoning administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning ordinance or of a permit, certificate or other form of authorization issued under the zoning ordinance.
   5. Revoke Plan or Other Approval. Where a violation of this zoning ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the zoning administrator may, upon notice to the applicant and other known interested parties (including any holders of building permits affected) (a) revoke the plan or other approval or (b) condition its continuance on strict compliance with this zoning ordinance or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the zoning administrator may reasonably impose.
   6. Injunctive Relief. The city may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate or other form of authorization granted under the zoning ordinance.
   7. Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
   8. Other Penalties, Remedies and Powers. The city may seek such other penalties as are provided by Wisconsin law or the general penalty provision in Chapter 1.12 of the city code of ordinances.
5. Continuation of Previous Enforcement Actions. Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions, undertaken by the city pursuant to previous valid ordinances and laws.
6. Remedies Cumulative. The remedies and enforcement powers established in this zoning ordinance are cumulative, and the city may exercise them in any combination or order.
7. Persons Subject to Penalties. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.
8. Enforcement Procedures.
   1. Non-Emergency Matters. In the case of violations of this zoning ordinance that do not constitute an emergency or require immediate attention, the zoning administrator must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner stated in this section, after which the persons receiving notice have 10 days to correct the violation before further enforcement action may be taken. Notice must be given in person, by US Mail, or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
   2. Emergency Matters. In the case of violations of this zoning ordinance that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this zoning ordinance without prior notice, but the zoning administrator must attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.
   3. Appeals. Enforcement actions taken by the zoning administrator may be appealed by the affected party to the board of zoning appeals in accordance with Section 24.16.110.

1. Purpose and Applicability
   1. Purpose. The purpose of the affordable housing incentives is to support and promote the development of dwelling units that are affordable to households making 80 percent or less and 60 percent or less than the average median income (AMI) for the Milwaukee, Waukesha, and West Allis region, as established by the US Department of Housing & Urban Development (HUD).
   2. Applicability. The affordable housing incentives may be utilized per residential use type or district, as detailed in Section 24.17.030D, where a specified number of dwelling units are deed restricted affordable to households making 80% or less or 60% or less than the average median income (AMI) for the Milwaukee, Waukesha, and West Allis region, as established by the US Department of Housing & Urban Development (HUD).
2. Affordable Unit Standards. Dwelling units designated as affordable shall be comparable in finishes and size and have access to the same services and amenities as market rate dwelling units on the same development site.
3. Type of Affordability Requirements
   1. Affordability Requirement Type 1. 30% of dwelling units in the development site shall be deed restricted affordable to households making 80% or less than the average median income (AMI) for the Milwaukee, Waukesha, and West Allis region, as established by the US Department of Housing & Urban Development (HUD) for a minimum of 30 years.
   2. Affordability Requirement Type 2. 20% of dwelling units in the development site shall be deed restricted affordable to households making 60% or less than the average median income (AMI) for the Milwaukee, Waukesha, and West Allis region, as established by the US Department of Housing & Urban Development (HUD) for a minimum of 30 years.
   3. Affordability Requirement Type 2. 10% of dwelling units in the development site shall be deed restricted affordable to households making 60% or less than the average median income (AMI) for the Milwaukee, Waukesha, and West Allis region, as established by the US Department of Housing & Urban Development (HUD) for a minimum of 30 years.
4. Types of Affordable Housing Incentives. Projects providing affordable housing in accordance with the standards of this section may utilize up to two of the following affordable housing incentives. Projects providing 50% or more of the dwelling units at the specified affordability levels may utilize up to three of the following affordable housing incentives.