ORD20101326-Chap17-Clean
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1326
AN ORDINANCE TO AMEND CHAPTER 17
SECTIONS 5.02 (6), 6.02, 8.01 (3) B., 8.01 (3) C., 8.35 (3) C. AND 15.05 (8)
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 (6), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(6) Building/Structure Separation: No two buildings (shed, accessory structures, homes,
etc.) on a lot shall be erected, structurally altered, or relocated so that any roofed or
enclosed portion of a building is located closer than ten (10) feet to another building on
the lot, although the separation can be reduced to no less than five (5) feet if building
codes are met in relation to firewalls.
SECTION 2: Chapter 17, Section 6.02, of the Municipal Code of the City of Muskego is
hereby amended to add Section 6.02 (6) to read as follows:
(6) RESTORATION OF NON-CONFORMING STRUCTURES
Per State Statute Section 62.23(7)(hc) any non-conforming structure that is damaged or
destroyed and meets all of the following criteria can be restored to its same size,
location, and use that it had immediately before the damage or destruction occurred.
A. The non-conforming structure was damaged or destroyed on or after
March 2, 2006.
B. The damage of destruction was caused by violent wind, vandalism, fire, flood,
ice, snow, mold, or infestation.
SECTION 3: Chapter 17, Section 8.01 (3) B., of the Municipal Code of the City of
Muskego is hereby amended to add Section 8.01 (3) B. 15. to read as follows:
B. PERMITTED ACCESSORY USES
15. Bed and Breakfast: A Bed and Breakfast is an owner managed and occupied
residential structure used as a lodging establishment where a room, or rooms,
are rented on a nightly basis, and in which only breakfast is included as part of
the basic compensation. A Bed and Breakfast facility is allowed in some
residential zoning districts provided a conditional use grant is first received from
the City’s Planning Commission. Bed and Breakfast operation is subject to the
following conditions and submittal requirements being met thru the City’s
Planning Commission:
a. A Building, Site, and Operation Plan outlining all pertinent details must be
submitted to the Planning Commission (narrative, building elevations, floor
plans, site plan, lighting, landscaping, refuse, etc.).
b. The facility shall have any applicable State licenses/approvals required for
lodging and/or food services, and comply with and maintain all health, safety,
building, and fire codes as may be required or applicable.
Ord. #1326 Page 2
c. A maximum of five (5) bed and breakfast units may be established within a
structure.
d. The bed and breakfast establishment shall provide a minimum of one parking
space per bed and breakfast sleeping room and a minimum of two (2) parking
spaces for the use of the operator and family of the operator provided,
however, the City Plan Commission may determine it sufficient for less
parking spaces in extenuating circumstances so long as it is not detrimental
to the neighborhood. The parking must follow other parking requirements
per this code and may require additional screening depending on the desired
location and surrounding land uses. Parking shall not be detrimental to
nearby properties due to excess noise, odor, glare or other factors.
e. Signage is limited per the sole direction of the Planning Commission.
f. The owner shall reside on site.
g. Breakfast shall be served on the premises only for guests and employees of
the inn. Rooms may not be equipped with cooking facilities. No other meals
shall be provided on the premises.
h. All bed and breakfast units shall be established within the principal or
accessory structures on the property.
i. The principal structure shall have a minimum size of one thousand five
hundred (1,500) gross square feet.
j. No liquor is to be sold or served on the premises unless the operator has first
obtained a liquor license from the City.
k. All bed and breakfast facilities must maintain a guest logbook that must
include the names and home address of guests, guest license plate numbers
if traveling by automobile, dates of stay, and the room number of each guest.
The log must be available for inspection by City public safety staff upon
request.
l. No guest shall stay in the facility for more than fourteen (14) days within any
thirty (30) day period.
SECTION 4: Chapter 17, Section 8.01 (3) C., of the Municipal Code of the City of
Muskego is hereby amended to add Section 8.01 (3) C. 16. to read as follows:
C. PERMITTED USES BY CONDITIONAL GRANT
16. Bed and Breakfasts as regulated by 17:8.01(3) B. 15.
SECTION 5: Chapter 17, Section 8.35 (3) C., of the Municipal Code of the City of
Muskego is hereby amended to add Section 8.35 (3) C. 15. to read as follows:
C. PERMITTED USE BY CONDITIONAL GRANT
15. Any conditional use grant as permitted in the RCE District.
SECTION 6: Chapter 17, Section 15.05 (8), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(8) FENCES & WALLS
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 not in excess of 6 feet in height may be allowed with a valid
zoning permit.
B. Any such fence or wall 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.
Ord. #1326 Page 3
C. Fence heights are measured from the natural grade at any point along the base of
the fence/posts to the top of the highest fence panel or post. If the fence is going
to be located on a berm, the berm cannot have slopes that measure steeper than
four (4) foot horizontal to one (1) foot vertical slope. Also, the top of the berm must
have a level area on each side of the fence that is at least two (2) feet wide. These
requirements apply to any new/replacement fencing on an existing or proposed
berm.
D. The decorative side of all fencing must face the neighboring properties.
E. All fencing in residential districts must be constructed out of materials that are
traditionally found in residential areas.
F. 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.
SECTION 7: 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 8: This ordinance shall be in full force and effect from and after its passage
and publication.
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PASSED AND APPROVED THIS 10 DAY OF AUGUST , 2010
CITY OF MUSKEGO
John R. Johnson, Mayor
ATTEST: First reading: 07/27/2010
________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: August 19, 2010