ORD966
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #966
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02(8), 5.03(1), AND 6.12
OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Building Height and Time Restrictions for Plan Commission)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 17, Section 2.02(8) is hereby amended to read as follows:
(8) Building, Height of: (A) The vertical distance for one and two family primary
structures and for all commercial and industrial structures is measured from the
average finished grade at the front building line (front of building) to the highest point
of: (a) the coping of a flat roof, (b) to the deck line of a false mansard roof, or (c) to the
mid point of the highest gable of a traditional mansard, gambrel, hip or pitch roof. Mid
point is determined by drawing a horizontal (zero degrees) line between the points
where the walls intersect the roof deck or an average thereof. Then draw a vertical (90
degrees) line from the horizontal line to the highest point of the gable. The mid point of
this vertical line shall be the height of a gable roof for the purposes of this ordinance.
(B) The height of any other structure types shall be defined as the total height of the
structure measured with a vertical line from the average finished grade at the front line
of the structure to the highest point of the structure.
SECTION 2: Chapter 17, Section 6.12 (Minimum Review Fees - Plan Commission) is
hereby renumbered and referenced as Section 6.13.
SECTION 3: Chapter 17, Section 6. 12 is hereby created to read as follows:
6.12 TIME RESTRICTIONS FOR PLAN COMMISSION APPROVALS - Plan
Commission approvals granted for building, site and operation plans, signs, second
garage structures, temporary structures and sketch land divisions in which the
petitioner has not commenced construction activity or preparation of the land, or has
not submitted a Certified Survey Map or Preliminary Plat within the past 24 months of
the date of approval, said approval will expire and reapplication will be required. A
reapplication shall be limited solely to reasonable compliance with current design,
locational, and operational requirements. A reapplication shall not involve the basic
permissibility of the use where such use is permitted by right at the time of
reapplication. The Plan Commission may grant one six month extension if requested
30 days prior to the pending expiration date provided that the applicant demonstrates a
valid cause. This section shall be in force and effect for all applications filed after the
date of adoption and publication of Ord. #966.
Ord. #966 Page 2
(ATTORNEY MOLTER’S PROPOSED CHANGES IN BOLD AND ITALICIZED OR
STRIKETHROUGH)
1.10 DEPARTMENT OF ENGINEERING. (Cr.=250)
The Department of Engineering is hereby established and shall include the City
Engineer and such employees as the Council may provide from time to time.
(1) TERM AND APPOINTMENT.
The City Engineer shall be appointed by the Mayor, subject to confirmation by the
Council, and shall serve at the pleasure of the Mayor and Council.until his successor is
appointed and qualifies.
(2) the city engineer shall be appointed by the mayor subject to confirmation by the
council for an indefinite term subject to removal as provided in wisconsin statutes
§17.12.
(2) DUTIES.
The City Engineer shall have the following powers and duties:
(a) He sShall be the head of the Engineering Department, and shall be
responsible forhave planning, organizing, directing, inspection and review of
professional engineering work in the design, construction and maintenance of
public works, streets and street improvements, sidewalks, sewer systems,
water systems, drainage structures and stormwater management systems
general charge and supervision of all public works in the City or as otherwise
directed by the Board of Public Works Committee, the Public Utilities
Committee and/or Common Council.
(B) He sShall be responsible for the engineering work associated with the
Formatted: Bullets and Numbering
maintenance, repair and construction of streets, alleys, curbs and gutters,
sidewalks, bridges, street signs, stormwater management systems, water
systems, storm and sanitary sewer systemss. and any city buildings and
structures and all machinery, equipment and property used in any activity
under histheir control. He shall be in charge of the City Municipal Sewer
and Water Departments and all regular employees thereof, or as otherwise
directed by the Board of Public Works.
(C) The City Engineer shall keep on file in the Engineer’s office, in the office of
the City Clerk, a copy of all plats of lots, blocks, subdivisions, stormwater
systems, water systems and sewers embraced in the City limits, all profiles
of streets, alleys, stormwater systems and drainage structures, water
systems and sewers and of the grade thereof and of all drafts and plans
relating to bridges and toof any public building belonging to the City, and he
shall keep a record of the location of bench marks, and permanent corner
stakes, from which subsequent surveys shall be started, all of which said
records and documents shall be the property of the City, open to inspection
of parties interested, and shall be delivered over by said Engineer, at the
expiration of his term of office, to his to the engineer’s successor in office or
to the Board of Public Works and Public Utilities Committees. HeWhenever
requested, the Engineer shall make an annual report of all the acts and
doings of the Engineer's Department toof the Board of Public Works and/or
the Public Utilities Committees on or before January 31 in each year.
Ord. #966 Page 3
(D) He sShall also perform such other duties as from time to time may be
prescribed by the Mayor, Council, or the Board of Public Works or the Public
Utilities Committees.
(3) COMPENSATION
The City Engineer shall receive such compensation as the Council may from time to
time determine.SECTION 4: The several sections of this ordinance are declared to be
severable. If any section or portion thereof shall be declared by a decision of a court of
competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall
apply only to the specific section or portion thereof directly specified in the decision,
and not affect the validity of all other provisions, sections, or portion thereof of the
ordinance which shall remain in full force and effect. Any other ordinance whose terms
are in conflict with the provisions of this ordinance are hereby repealed as to those
terms that conflict.
SECTION 6: This ordinance is in full force and effect from and after passage and
publication.
PASSED AND APPROVED THIS 11th DAY OF August , 1998.
CITY OF MUSKEGO
__________________________
David L. De Angelis, Mayor
ATTEST: First Reading: 07/28/98
Published on the 20th day of August, 1998
____________________________
Clerk-Treasurer
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