ORD2012xxxx-NonConformingOrdChange
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #_______
AN ORDINANCE TO REPEAL AND RECREATE
CHAPTER 17, SECTION 6.02(2) OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Non-Conforming Structures)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 17, Section 6.02(2) of the Municipal Code of the City of Muskego is
hereby repealed and recreated to read as follows:
(2) NON-CONFORMING STRUCTURES
For the purpose of administration such nonconformity shall be classified and regulated
as follows:
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
and said repairs and alterations shall not exceed 50% of the assessed value.
B. Where any such use is discontinued for a period of twelve (12) consecutive or for
eighteen (18) accumulative months during any three (3) year period, any future
use of the structure shall conform to the regulations of the district in which it is
located.
C. In this Subsection pursuant to Wisconsin Statutes Section 62.23(7)(hb) as to
repair and maintenance of certain non-conforming structures:
i. “Development Regulations” means the part of a zoning ordinance
enacted under this subsection that applies to elements including setback,
height, lot coverage and side yard.
ii. “Non-Conforming Structure” means a dwelling or other building that
existed lawfully before the current zoning ordinance was enacted or
amended but that does not conform with one or more of the development
regulations in the current zoning ordinance.
This subsection does not prohibit, or limit based on cost, the repair, maintenance,
renovation or remodeling of a non-conforming structure.
SECTION 2: 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ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed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 3: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED this ______ day of _______________, 2012.
CITY OF MUSKEGO
_________________________________
Kathy Chiaverotti, Mayor
ATTEST:
_____________________________
Clerk-Treasurer