ORD20121351 - CLEAN (2)
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1351
AN ORDINANCE TO AMEND CHAPTER 17
SECTIONS 4.03 (6), 8.01 (3) C., 8.38 (3) C 1., 9.17 (1), 14.03, 14.06, 15.05 (8) AND 16.09 (3)
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 4.03 (6), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(6) COMPLIANCE IN PERPETUITY
Any BSO Plan granted through the authority of this Section, or site/façade
improvement (based on an approved grant or loan program carried out by the
Community Development Authority, Planning Commission, or Common Council)
shall be perpetually binding upon the development and all aspects of the
approval given shall be followed. Further, BSO Plan or site/façade improvement
referenced above, shall be perpetually binding to the extent that:
A. All buildings and structures shall be maintained in a tasteful, safe and
appropriate manner as they were originally approved for.
B. All landscaping shall be periodically groomed and/or replaced when
necessary.
C. All drives, parking and pedestrian areas shall be kept in a safe and
passable condition. This includes the maintaining of the appropriate
pavement markings and the refinishing of the asphalt or concrete when it
should become deteriorated.
D. All natural areas and environmental areas identified for protection shall be
maintained in manner which preserves their aesthetic and natural function
E. All repairs and maintenance shall be executed in a timely manner.
SECTION 2: 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. 17. to read as follows:
17. Waiver to a dimensional zoning regulation for a reasonable accommodation for
person with disabilities. See Section 14.03(7) for details.
SECTION 3: Chapter 17, Section 8.38 (3) C. 1., of the Municipal Code of the City of
Muskego is hereby amended to add Section 8.38 (3) C. 1. c. to read as follows:
c. Nursing/rest homes, homes for all aged, and daycares.
SECTION 4: Chapter 17, Section 9.17 (1), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
Ord. #1351 Page 2
(1) The Lake Meadows Planned Development consists of approximately 132.5 acres
containing 206 single-family parcels and one outlot. The development is located
off of Kelsey Drive just east of Crowbar Drive and stretches south from Kelsey to
Lake Denoon. The Final Plat included one outlot that was dedicated to the City
for Park purposes and is now zoned for a City Park. The development was
constructed in one phase and is serviced by the Norway Sewer Service District
and a private water trust.
The planned development was originally created under the zoning of RS-2/PD
Suburban Residence District with a Planned Development Overlay District. The
Planned Development zoning was put in place to allow the developer’s to use the
reduced lot square footages while preserving the required density of the City’s
Comprehensive Plan. The PD also changed a few of the requirements of the
underlying zoning including reducing all front setbacks to 35 feet, reducing side
offsets to 10 feet, and enlarging rear offsets to 30 feet, except for accessory
structures which are allowed a 10 foot rear offset.
The 2010 Comprehensive Plan depicts the area for single-family residential
development consistent with the Lake Meadows proposed density. A Developer’s
Agreement was approved with the Final Plat by the City’s Common Council
outlining the individual guarantees.
SECTION 5: Chapter 17, Section 14.03, of the Municipal Code of the City of Muskego
is hereby amended to add Section 14.03 (7) to read as follows:
(7) REASONABLE ACCOMMODATIONS FOR THE DISABLED
A waiver to a dimensional zoning regulation can be granted through a
Conditional Use Grant to offer a reasonable accommodation for a person with
disabilities. Said grants should only be issued for current needs and only the
minimum waiver necessary should be granted, with all other non-waiver options
first being explored and ruled out. The Plan Commission can impose conditions
as part of said grant, such as having said structure/feature removed once the
disabled person vacates the property.
SECTION 6: Chapter 17, Section 14.06, of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
Where a permitted conditional use does not continue in conformity with the
conditions of the original approval, or where a change in the character of the
surrounding area or of the use itself causes it to be no longer compatible with
surrounding areas, or for similar cause based upon consideration for the public
welfare the conditional grant may be terminated by action of the Common
Council following referral to the Plan Commission for recommendation, and
public hearing thereon. Such use shall thereafter be classified as legal
nonconforming use, except that where the action is due to failure to comply with
the conditions of the conditional grant, the Common Council may require
complete termination of such use.
When the owner of the property/business is requesting the termination willingly,
due to the use being discontinued, a public hearing is not required. Building,
Site, and Operation Plan amendment review is still required by the Plan
Commission to terminate said use in this circumstance.
Ord. #1351 Page 3
SECTION 7: 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. Fence panels are allowed to be up to 6 feet in height, with up to an
additional 6 inches being allowed for ground clearance and post/cap
height. The total height of any installed fencing system (fence panels,
posts, and caps) cannot exceed a maximum combined height of 6 foot 6
inches. The total fence system 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, post, or post cap.
B. Any such fence in excess of the height listed in 15.05 (8) A. may be
permitted provided it conforms to the height, offset, and setback
requirements of the district in which it is located.
C. If the fence or wall 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 or wall that is at least two (2) feet wide. These
requirements apply to any new/replacement fencing or wall on an existing
or proposed berm. (Ord. #1326 08-19-2010)
D. The decorative side of all fencing must face the neighboring properties.
(Ord. #1326 08-19-2010)
E. All fencing in residential districts must be constructed out of materials that
are traditionally found in residential areas. (Ord. #1326 08-19-2010)
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 8: Chapter 17, Section 16.09 (3), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(3) Time/Temperature and LED devices: Time-and-temperature devices may be
erected as wall signs or part of ground and monument signs and shall meet the
requirement attendant to those sign types. Time-and-temperature devices may
display the time, the temperature, activities occurring on the premises, and public
events. The signs may change messages or time/temperature every 3 seconds.
Colors and intensity of LED signage is under the sole discretion of the Planning
Commission. LED specifications must be included as part of submittal if
intended to be used.
Ord. #1351 Page 4
SECTION 9: 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 10: This ordinance shall be in full force and effect from and after its passage
and publication.
TH
PASSED AND APPROVED THIS _13 ___ DAY OF _MARCH_____ , 2012
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST: First reading: 01/10/2012
________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: March 22, 2012