Delafield Town Chairman Paul Kanter recommends at
Tuesday’s Plan Commission meeting that the town impose a
moratorium on all new residential developments until the
Town Board can adopt a new conditional use permit
Kelly Smith/Special to The
TOWN OF DELAFIELD — A moratorium on new residential
developments in the town may be imposed until the Town
Board adopts a new ordinance regulating the issuance of
conditional use permits.
Town Chairman Larry Krause anticipates the five-member
board may vote on the moratorium at a Feb. 18 meeting.
moratorium is being recommended by former Town Chairman
Paul Kanter, who is a member of the Plan Commission.
made the recommendation after Town Attorney Eric Larson
outlined to the Plan Commission at its meeting Tuesday
night the ramifications of a new state law regulating
the issuance of conditional use permits.
new law restricts the ability of all municipalities to
reject applications for conditional use permits and
makes it more difficult for citizens to oppose new
developments and the issuing of the permits.
“This is stunningly irresponsible on the part of the
legislature,” said Kanter, who argued the law attempts
to strip municipalities of their ability to shape
communities according to their residents’ wishes.
conditional use permit is a tool that many
municipalities in Waukesha County use because, according
to local authorities, it provides both municipalities
and developers more flexibility in developing a site
than using conventional zoning codes.
Kanter pointed out that the town has used conditional
use permits to regulate nearly all residential
subdivisions during the past 25 years.
have been on this plan commission for 25 years and we
have worked hard to create the kind of community that
our residents want to move into and live in.
legislation strips that away,” Kanter said.
Larson explained that the state legislature adopted the
law to overturn a state Supreme Court decision.
court ruled that a Trempealeau County municipality had
the authority to deny a mining company a conditional use
permit even though the company met the municipal code
standards for the permit.
According to Larson, the new law requires that if an
applicant meets all requirements and conditions within
the municipality’s conditional use permit ordinance, the
permit must be issued.
addition, any citizen opposing the issuance of such a
permit must provide “substantial evidence” as to why the
permit does not meet code standards.
other words, if citizens want to argue a development
would lower neighborhood property values or is not
compatible with the surrounding properties, the citizen
must provide substantial evidence to support those
arguments, according to Larson.
Larson recommended the Plan Commission and Town Board
create a new conditional use permit ordinance that
includes all the specific standards that the board and
the commission want to require for conditional use
Commissioner Garrett Reich said it may be possible for
the town to include in the new ordinance many of the
standards it presently imposes on conditional use
“This is an issue that we all are going to have to roll
up our sleeves and think about,” Larson told the