Loading...
2004CodeChanges 1:1.05(2) PLAN COMMISSION. The Plan Commission shall consist of the Mayor or in the case of the Mayor’s absence or inability pursuant to Chapter 2:2.07 the “Acting Mayor”, who shall be its presiding officer, a member of the Parks and Recreation Board, the City Engineer, an Alderman elected annually by 2/3 vote of the Council, and three (3) citizen members, one of whom shall be appointed annually by the Mayor and confirmed by the Common Council for a term of three (3) years. In the event there is a vacancy in the position of City Engineer, an additional citizen st member may be appointed to serve until the succeeding May 1. When the position of City Engineer is appointed, such engineer shall succeed to the commission when the term of the additional citizen member expires. The Plan Commission shall have the powers and duties prescribed in Sec. 62.23, Wis. Stats. (Ord. #1014 - 2-17-2000) 2:2.07 PRESIDENT OF THE COUNCIL If the Mayor is absent at the designated time of any meeting, the President of the Council shall preside, and during the absence or inability of the Mayor, shall have the powers and duties of the Mayor, including, but not limited to, the powers of the Mayor as a member of the Plan Commission as in part set forth in Chapter 1:1.05(2), excepting that he shall not have the power to approve an act of the Council which the Mayor has disapproved by filing an objection with the Clerk. He shall, when so officiating, be styled, "Acting Mayor." The President shall be selected by a majority vote of all members of the Council at the annual meeting on the third Tuesday of April. In the absence of both the Mayor and the President of the Council, the Clerk shall call the meeting to order and preside until the Council shall, by motion, select an acting Mayor for that meeting. The Common Council President shall be a member of the Finance Committee. (Ord. #414 - 07-28-81) 17:2.02 Guest House: An attached or detached accessory building used to house guests of the occupants of the principal building, and which is never rented or offered for rent. Habitable Structure: A habitable structure shall be defined as any type of structure designed and/or remodeled for residential use, which as constructed (including the installation of utilities) would allow for normal unrestricted human occupancy. Final decision as to whether any boathouse, would be considered habitable, will be determined by the Building and Engineering Director. Hard Surface: Bituminous Asphaltic Concrete or Portland Cement Concrete of at least 2-1/2" thickness. (Ord. #455 - 5-10-83) _________________________________________________________________ 3.06 CHANGES AND AMENDMENTS (1) Authority: Pursuant to the provisions of Section 62.23 (7) of the Wisconsin Statutes the Common Council may, after first submitting the proposal to the Plan Commission for report and recommendation and after notice and public hearing as hereinafter provided, amend the regulations of this ordinance or change the district boundaries. (2) Procedure: (a) Initiation: A proposal to amend the text or change the district mapping of this ordinance may be initiated by the Common Council on its own motion, by recommendation of the Plan Commission, or by petition of one or more property owners. (b) Filing of Petition: A petition for change or amendment submitted by a private property owner shall be prepared on printed forms provided for the purpose and filed with the Planning Director and shall be accompanied by a fee, as from time to time established by Resolution of the Common Council, to defray the cost of giving notice, investigation and other administrative processing. (c) Date Required: In addition to all information required on the petition form, the petitioner shall supply the following: 1. A plot map drawn in triplicate to a scale no smaller than 100feet to the inch for tracts of less than ten (10) acres and no smaller than 200feet to the inch for tracts of ten (10) acres or more, showing the land in question, its location, the length and direction of each boundary thereof, the location and the existing use of all buildings on such land and the principal use of all properties within 300feet of such land. 2. The names and addresses of the owners of all properties within 300feet of any part of the land included in the proposed change. 3. Any further information which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Common Council. (d) Referral: 1. The Planning Director shall transmit without delay one copy of such petition to the Plan Commission. 2. The Plan Commission shall conduct a study and investigation and where deemed desirable, an informal hearing, and report its recommendation to the Common Council within thirty (30) days, unless a longer period is stipulated by the Common Council. If the Plan Commission determines that the services of a professional planning consultant are required to determine the feasibility of a zoning change, the fees incurred for such study shall be the responsibility of the petitioner. (e) Official Hearing: The Common Council shall hold a public hearing upon the petition in the manner provided by Section 3.07 of this ordinance. (f) Action: 1. As soon as possible after such public hearing the Common Council shall act to approve, modify and approve, or disapprove the proposed change or amendments. 2. The Common Council shall not take action without having first having Plan Commission review the proposed change or amendments heard the recommendation of the Plan Commission. 3. An approved change shall be by appropriate ordinance, and necessary changes in the Zoning Map or text shall be made promptly. Protest: In case of protest against a change duly signed and acknowledged by the owners of 20 percent or more either of the area of land included in such proposed change, or by the owners of 20 percent or more of the land immediately adjacent and extending 100 feet there from or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, an amendment shall not become effective except by the favorable vote of ¾ of the members of the Council. 17: 6.01 ENGINEERING REGULATIONS (1) Establishment of Grades: Every building hereafter erected, structurally altered or relocated shall be at a grade approved by the Building Inspector as being in satisfactory relationship with the established street grades or with the existing street grade where none is established, with particular consideration for proper drainage and safe vehicular access. (2) Drainage: A. Adequate Drainage Required: No principal building shall be erected, structurally altered, or relocated on land which is not adequately drained at all times nor which is subject to periodic flooding, nor so that the lowest floor level is less than 3 2 feet above the highest anticipated seasonal ground water level. An Occupancy Permit and Use Permit shall not be issued for any lot where the grading plan approved for that lot at the time of its platting has not been accomplished. (Am. #59) B. Obstruction to Drainage Prohibited: The damming, filling, relocating or otherwise interfering with the natural flow of surface water along any surface water drainage channel or natural water course shall not be permitted except with approval of the Plan Commission. C. Building Restricted Adjacent to Drainage Channels or Watercourses: No building other than a bridge, dam, boathouse, or revetment subject to the aforesaid approval, shall be erected, structurally altered or relocated within 10 50 feet of the ordinary high water line of surface water, a drainage channel or 20 feet of the ordinary high water line of a natural watercourse nor so that the lowest floor of said building is less than 3 2 feet above possible flood stage as determined by the Building and Engineering Director City Engineer. 17:6.06(7) Swimming Pools: In addition to the foregoing, swimming pools shall be subject to the following: A. Pumps and filter equipment shall in no case be closer than 20 feet to a property line and shall be adequately housed and muffled. B. Surfaced terraces, sun decks, and walks shall be permitted no closer than 5 feet to a lot line where accessory to a private residential pool. In any other case they shall be permitted in accordance with the setbacks and offsets for the property no closer than 10 feet to a lot line. 17:9.04(B) PERMITTED ACCESSORY USES 1. Any accessory use as permitted in the underlying basic district. 2. Any other use normally incident or accessory to the permitted overlay use subject to approval by the Plan Commission of building, site and operational plans. 3. One (1) boat house in addition to the accessory uses permitted by the underlying district, and subject to the approval of the Planning Director, or designee, upon payment of fees and receipt of permits as required and amended from time to time, and subject to following: (Ord. #1082 - 10-18- 2001) a.) Location: minimum 20 feet from the ordinary high water mark and subject to the side yard offset provisions of the underlying district as modified by the OLS overlay district effective with new construction or relocations after November 15, 2001. b.) Height: not greater than 15 feet above the lowest grade. c.) Area: no greater than 525 square feet. d.) The boathouse must be designed and used principally for the storage of boats and accessory marine equipment normally used in the daily activities of lakefront property and which typically includes a large overhead door for primary access on the side of the structure facing the water. e.) A boathouse may not be habitable as defined in Section 17:2.02 of the Municipal Code. Final decision as to whether any boathouse, would be considered habitable, will be determined by the Building and Engineering Director. 18:18.40(1) (f) Public access shall be provided to all navigable stream or lake shores. Such access shall be at least 100’ 60’ in width platted to the low watermark at intervals of not more than one-half mile as required by §236.16(3), Wis. Stats., unless greater intervals and wider access is agreed upon by the City Plan Commission, the Wisconsin Department of Natural Resources and the Department of Agriculture, Trade and Consumer Protection. All platted public access shall front on a public street, highway, parkway or other public way. (g) Reserve strips shall not be provided on any plat to control access to streets or alleys, except where control of such strips is placed with the City under conditions approved by the Plan Commission. (h) Street names shall not duplicate or be similar to existing street names and existing street names shall be projected wherever possible. Final approval of street names rests with the Common Council, upon recommendation of the Plan Commission, Public Safety Works Committee and Police Department. 18:18.50 GENERAL. All required improvements shall be constructed in accordance with plans and standard specifications approved by the City Public Works Committee, Public Utilities Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate. Such plans and standard specifications shall be submitted, reviewed and approved in accordance with § 18.72 of this chapter. The improving of a dedicated roadway to City specifications may be waived by the Public Works Committee when three units or less access a dedicated right-of-way. 18:18.90 GENERAL. All required improvements shall be constructed in accordance with plans and standard specifications approved by the City Public Works Committee, Public Utilities Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate. Such plans and standard specifications shall be submitted, reviewed and approved in accordance with § 18.102 of this chapter. The improving of a dedicated roadway to City specifications may be waived by the Public Works Committee when three units or less access a dedicated right-of-way. 41.06 DETAILED COMPONENTS OF COMPREHENSIVE PLAN Section 62.23(2) of Wisconsin Statutes provides that the City of Muskego may from time to time amend, extend or add to the Comprehensive Plan or carry out any part of the subject matter in greater detail. The following are more detailed components of the City of Muskego Comprehensive Plan, which shall therefore have the same force and effect as the adopted Comprehensive Plan: (1) 2003 - 2007 Park and Open Space Plan, adopted by the Plan Commission on February 18, 2003 and the Common Council on March 11, 2003 by Ordinance #1134. (Ord. #1134 - 3-20-2003) (2) Conservation Plan, adopted by the Plan Commission on November 20, 2001 and the Common Council on November 27, 2001. (3) Durham Hill Design Guide, adopted by the Plan Commission on January 4, 2000 and the Common Council on January 25, 2000. (4) Downtown Design Guide, adopted by the Plan Commission on December 3, 1996. (5) General Design Manual adopted by the Plan Commission on March 17, 1998 and amended by Plan Commission on December 7, 2004.