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ORD966A 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 where public or private roads built to City standards are provided, where the maximum setback from the edge of hard surface is no more than fifty (50) feet, and where a community or municipal water system is available, for all residential secondary structures and for all commercial and industrial structures where proper fire access is provided, the average vertical distance 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 mansard roof, or (c) to the mid point of the highest gable of a 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, or those not having proper fire street access, the building height 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 5.03(1) is hereby amended to read as follows: (1) Maximum Height Restricted: In any district, no building or structure shall be hereafter erected or structurally altered to a height in excess of that hereinafter specified by the regulations for that district. See Chapter 32 Fire Code for applicable access requirements. SECTION 3. Chapter 17, Section 6.12 (Minimum Review Fees - Plan Commission) is hereby renumbered and referenced as Section 6.13. SECTION 4: 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 Ord. #966DRAFT of proposed changes to Chapter 1 of the Muskego City Ordinance. 03/30/98 2:47 PM03/24/98 1:37 AM3/24/98 1:28 AM By Mark Slocomb/Don Pionek 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. (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 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. Formatted: Bullets and Numbering (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. (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 Ord. #966DRAFT of proposed changes to Chapter 1 of the Muskego City Ordinance. 03/30/98 2:47 PM03/24/98 1:37 AM3/24/98 1:28 AM By Mark Slocomb/Don Pionek The City Engineer shall receive such compensation as the Council may from time to time determine.SECTION 5: 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 DAY OF , 1998. CITY OF MUSKEGO __________________________ David L. De Angelis, Mayor ATTEST: First Reading: 07/28/98 Published on the day of ____________________________ Clerk-Treasurer 7/98jmb