ORD20091311-Chapter 17
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1311
AN ORDINANCE TO AMEND CHAPTER 17,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Zoning Ordinance)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 17, Section 5.02 (5), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
5.02 BUILDING LOCATION
(5) Maintenance and Use of Setback and Offset Areas: Any such required setback or
offset area shall be landscaped and kept clean and free from the accumulation of
debris or refuse, and shall not be used for storage or display of equipment, products,
vehicles, or any other material except as may be specifically otherwise permitted under
this ordinance. This does not apply to any storage that is contained within an
approved accessory structure or approved screening device.
SECTION 2: Chapter 17, Section 5.03 (2) C., of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
5.03 BUILDING HEIGHT
(2) EXCEPTIONS
C. Subject to the approval of the Plan Commission: Cooling towers, elevator
bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water
towers, ornamental towers, spires, masts, aerials, gymnasiums, and necessary
mechanical appurtenances.
SECTION 3: Chapter 17, Sections 5.07 (1) and (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
5.07 OPEN SPACE
(1) MINIMUM REQUIRED
No building, covered structure, or impervious surface shall be placed, erected,
structurally altered or relocated on a lot so as to reduce the usable open area of such
lot to less than the minimum required amount as identified by the underlying
zoning district than hereinafter specified by the regulations for that district or less
than 75% of the total lot size.
(2) HOW MEASURED
To be considered usable, such open area shall be readily accessible and of a size and
shape which can be reasonably considered to provide for the amenities and necessities
of light, air, play space, drying yard, garden, etc., but shall not include parking areas,
drives, and other impervious areas. Pervious hard surfaces such as gravel, pavers,
permeable concrete/asphalt, and other surfaces, at the discretion of the
Ord. #1311 Page 2
Community Development Director, can count as open space. Crop pasture and
wooded land may be included in computing such open area.
SECTION 4: Chapter 17, Section 5.10 (2), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
5.10 ENGINEERING REGULATIONS
(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 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.
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 feet of the
ordinary high water line of surface water, 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 2 feet above possible flood stage as determined by the
Engineering/Building Inspection Director.
D. Elevations Relative to Floodplains: The lowest finished yard grade elevation
abutting the principal structure must be at least 2 feet above the floodplain
elevation. For accessory structures the lowest finished yard grade elevation
abutting said structure must be at or above the floodplain elevation. Any
structure located within the floodplain is subject to the requirements of
Chapter 14 of the Municipal Code.
SECTION 5: Chapter 17, Section 6.02 (2) A., of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
6.02 CLASSIFICATION AND REGULATION
(2) NONCONFORMING STRUCTURES
A. No such structure shall be expanded or enlarged except in conformity with the
regulations of the district in which it is located, unless said expansions or
enlargements do not get any closer than their existing distance from any
lot line.
SECTION 6: Chapter 17, Section 6.02 (3), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
6.02 CLASSIFICATION AND REGULATION
(3) NON-CONFORMING PARCELS
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Where a lot has less land area or width than required for the district in which it is
located and was of record at the time of the passage of this Ordinance, such lot may be
used for any purpose permitted in such district provided., however, that in no case shall
the setback, or offset requirements be reduced except by order of the Board of Appeals
after due hearing, or as otherwise herein provided. The open space requirements in
the case of such lot may be reduced without appeal provided the open space area is
equal to at least 75% of the actual lot area or within the underlying zoning district
requirements.
SECTION 7: Chapter 17, Section 8.32 (2) (F.), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
Max. Permitted (In Feet): Principal Structure 3530
SECTION 8: Chapter 17, Section 15.02 (3), of the Municipal Code of the City of Muskego is
hereby amended to add the following:
15.02 HOME OCCUPATIONS
(3) Regulations Applicable to Home Occupations:
J. Home Occupation uses must follow all adopted commercial
vehicle/trailer regulations as listed in Chapter 17: Section 17.01(12).
No exceptions to these requirements are allowed as part of an
approved Home Occupation.
SECTION 9: Chapter 17, Section 15.05 (8), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
15.05 ACCESSORY USES AND STRUCTURES
(8) FENCES, AND WALLS, AND SCREENING DEVICES
Where anchored to supports embedded in the ground shall be considered
permanent structures and shall be subject to the following:
A. Any such fence or wall structure not in excess of 6 feet in height, may
be allowed with a valid zoning permit permitted anywhere on the lot
consistent with standards set forth in Section 15.05(3)B above, and if in
compliance with Section 5.02(E) and 5.02(F).
B. Any such fence or wall structure in excess of 6 feet in height may be
permitted provided it conforms to the height, offset, and setback
requirements of the district in which it is located.
C. Any such structure, in excess of 6 feet in height may be permitted closer
than the required offset from an adjoining lot line with the written consent
of the adjoining property owner and by approval of the Plan Commission.
CD. Retaining walls or decorative walls may be permitted anywhere on the
lot provided however, that no individual wall shall exceed 6 feet in height,
and a terrace of at least 3 feet in width shall be provided between any
series of such walls and provided further that along a street frontage no
such wall shall be closer than 3 feet to the base setback line.
E. Screening devices must conform to the architectural requirements set
forth in Section 15.05(3)E above or Plan Commission approval is
needed.
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SECTION 10: Chapter 17, Section 15.05 (13), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
15.05 ACCESSORY USES AND STRUCTURES
(13) TEMPORARY STRUCTURES & MISC. SCREENING DEVICE
Any temporary structure or miscellaneous screening device serving an
accessory use shall be permitted anywhere on the lot consistent with the
standards as set out in Section 15.05(31) above and no building permit shall be
required provided a zoning permit is obtained. However, that where such
proposed structure does not comply with the setback and offset requirements
of the district in which it is located or where such proposed structure does not
comply with architectural standards, the approval of the Plan Commission must
first be obtained. Planning Commission approval for such modification in
setback/offset or architectural requirements shall be based on the
following: Further, where such structure does not comply with the offset
requirements the written approval of the abutting property owner must first be
submitted to the Plan Commission.
A. The proposed structure is out of public view or adequately screened.
B. Notice of meeting is given to owners within 100 feet of property lines.
C. If miscellaneous screening device is a carport, it shall have no sides or
ends.
D. May be subject to Annual Review by the Plan Commission for yearly
maintenance concerns.
SECTION 11: Chapter 17, Section 16.05, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
16.05 PLACEMENT IN RIGHT OF WAY PROHIBITED
No sign shall be placed within the ultimate right-of-way of any street or highway. The
only exemption to this are City gateway/directional signage and Community
Event Signs that are approved by the Community Development Department in
advance, are determined to not hamper safety, and are erected for a specific
temporary period of time. The prohibition hereunder extends to trees, utility poles,
fence posts, stakes, and all other structures on which signs might be posted or placed
except political signs installed or placed on motor vehicles. Any sign violating this
Section may be summarily removed by the Director of Community Development
Planning or his designee.
SECTION 12: Chapter 17, Section 16.08 (6) C., of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
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16.08 SIGN REGULATIONS
C. Table of Sign Dimensional Requirements:
ZONING WALL SIGNS PROJECTING GROUND & POLE OFFSET REQUIRED MAXIMUM
DISTRICT (% OF WALL SIGNS SIGNS (Side SETBACK MONUMENT
AREA) (Max. Ft.²) -yard) (See Note 4) SIGN
(Base ft.² Amount
HEIGHT
Shown) (See Notes
(Ft)
1, 2, & 3 for
additional allowed
ft.²)
B-1, BL-1, 3% 35 10 to 45 3' “ 20
BL-2, and
RB-1
B-2 & B-3 5% 55 30 to 65 3' “ 20
B-4 5% 55 30 to 65 3' “ 20 to 30 (See
Note 5)
5% 55 30 to 65 3' “ 20
HC-1, DR-1
BP-1, BP-2, 3% 55 30 to 65 3' “ 20
and BP-3
M-1, M-2, 5% 35 10 to 45 3’ “ 20
and M-3
I-1 3% 35 10 to 45 3' “ 20
NOTES
1. Square footage may be increased to the second number at a rate of one (1) square foot for each additional
10 feet of lot frontage, after the first 50 feet of frontage, up to 300 feet of frontage. In addition, square
footage may be increased by one (1) square foot for every two (2) feet additional setback up from the
required setback to a maximum of a 40-foot setback from the base setback line.
2. Square footage may be increased from the value found in Note 1 above a maximum of 20-percent for all
ground and pole signs located on properties abutting major rural arterial streets, and if said streets become
urban arterials, said signs shall be deemed to be legal non-conforming pursuant to Section 6.
3. The total area of ground and pole signs may be increased from the value found in Notes 1 and 2 above by
the percent listed here if applicable:
DISTANCE OF PROPERTY
SIGN AREA
FROM CENTERLINE TO
ADJUSTMENT
ULTIMATE RIGHT-OF-WAY
40’ or less 0%
50’ +10%
60’ +15%
100’ or more +20%
1. Ground signs may be located with zero foot setback from the setback line if seven feet in height or less.
2. Height may be increased to the second number at the rate of one (1) foot for every two (2) feet additional
setback from the required setback.
SECTION 13: Chapter 17, Section 16.10 (2), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
16.10 TEMPORARY SIGNAGE
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(2) Upon approval of the Community Development Director of Planning, a sign such
as a banner, changeable copy sign, sandwich board over twelve square feet, etc.
for the purpose of announcing a special event or sale, or for a similar special
informational purpose, may be permitted for a maximum of fifteen (15) days at a
time., renewable for up to six (6) months in any district subject to the following: All
temporary signs require a Sign Permit through the Community Development
Department before they can be placed on a site. Temporary signs of this
nature can only be approved on a single property up to five (5) times a
calendar year. If a property has a permanent changeable copy sign on site,
then an additional temporary changeable copy sign is not allowed at any time.
A. Drawing and/or sketch drawn to scale showing the specific design, physical
and electrical installation plan, appearance, and location of the sign shall be
submitted to the Community Development Director of Planning for
approval.
B. The permitted size of any temporary sign shall not exceed 64 square feet.
C. Where the sign is to contain electrical service, it shall contain a recognized
testing laboratory label such as the Underwriter's Laboratory, Inc., a ground
fault interrupter device (GFI), and meet applicable provisions of the City
electrical code, including the issuance of an electrical permit therefore.
Installations exposed to potential wind damage shall be made secure with
methods as enumerated in the City Building Code.
D. For the purpose of this ordinance they shall not be used to advertise pricing,
specials or temporary promotions. Said banners are intended to be primarily
of a decorative nature (i.e.: corporate logos), and require approval per
Section 6.09(11)(b) having a quarterly review to determine compliance.
They must be mounted on hanging brackets or poles that provide
safeguards against slipping and twisting.
SECTION 14: Chapter 17, Section 17.01 (4), of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
17.01 OFF STREET PARKING
(4) STANDARD DIMENSIONS
Parking stalls shall be a minimum size of 10 feet wide by 20 feet in length when
aligned horizontally and 9.5 feet wide by 18 feet in length when aligned diagonally,
unless Plan Commission decides that the use of the parking stalls does not warrant a
need for this size.
Drive aisles shall be a minimum of 24 feet in width for two-way traffic and 12-feet
in width for one-way traffic on sites. When diagonal parking stalls are used, a
drive aisle must be at least 18-feet for one-way traffic. Fire Lane requirements
may apply above these stated drive aisle requirements in some cases.
SECTION 15: Chapter 17, Section 17.01 (12) B., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
17.01 OFF STREET PARKING
(12) TRUCK, TRAILER, AND EQUIPMENT PARKING
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B. The parking of no more than one commercial pick-up truck with a gross weight
of less than 10,000 pounds or commercial cargo van type truck with a gross
weight of less than 10,000 pounds shall be permitted in any district. For the
purposes of this section, a commercial pick-up is defined as any open or
enclosed cargo bed truck commonly referred to as a mini, 1/2, 3/4 or 1 ton pick-
up, which is licensed as a truck used to transport property or equipment for
business purposes. A commercial cargo van truck is defined as any motor
vehicle commonly referred to as mini-vans, cargo vans, commercial vans, or
panel truck, which is licensed as a truck and is used to transport property or
equipment for business purposes. Also, one commercial trailer is allowed to
be attached to the one allowed commercial vehicle/truck. The commercial
trailer is not allowed to be detached from the commercial vehicle while on
the property at any time, except if the one trailer is located within an
approved accessory structure or completely screened from neighboring
and public views within an approved screening area/device.
SECTION 16: Chapter 17, Sections 18.02 (3) and 18.02 (6), of the Municipal Code of the City
of Muskego is hereby amended to read as follows:
18.02 EXTERIOR LIGHTING PERFORMANCE STANDARDS
(3) Luminaires: All exterior lighting fixtures shall be high-pressure sodium of a
wattage approved by the Plan Commission. The types of luminaries shall be
subject to the application proposed and Planning Commission approval.
(6) Light Trespass Prohibited: In no case shall exterior lighting result in illumination
greater than one-half (0.5) foot-candles at any property boundary unless the
light trespass is on a property with a consistent land use or is along a right-
of-way.
SECTION 17: Chapter 17, Section 20.06, of the Municipal Code of the City of Muskego is
hereby amended to delete Section 20.06 (2).
(2) The requirement for offset may be eliminated where the signed consent of the affected
abutting property owner or owners has been obtained.
SECTION 18: Chapter 17, Section 20.07, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
20.07 SWIMMING POOLS
In addition to the foregoing and Section 12.16 of the Chapter 12 License and Permits
Municipal Code, swimming pools shall be subject to the following:
(1) Pumps and filter equipment shall in no case be closer than 20 feet to a property
line and shall be adequately housed and muffled.
(2) Pools and hot tubs should not be located any closer than 10 feet to a
property line. Surfaced terraces shall be permitted no closer than three (3) feet
to a lot line where accessory to a private residential pool. Sun decks shall be
permitted no closer than five (5) feet to a lot line where accessory to a private
residential pool. In any other case they shall be permitted within the setbacks
and offsets on the property.
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SECTION 19: 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 is
hereby repealed as to those terms that conflict.
SECTION 20: This Ordinance shall be in full force and effect from and after its passage and
publication.
TH
PASSED AND APPROVED THIS 26 DAY OF JANUARY , 2010.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST: First reading: 12/08/2009
_________________________
Clerk-Treasurer
12/09jmb
Notice of Newly Enacted Ordinance Published: 2/4/2010