ORD1965016I i' ,
ORI) INANCE NO. 16
AN ORDINANCE ADOPTING A PREVIOUSLY EXISTING
ZONING ORDINANCE, OF THE TOWN OF MUSKEGO, WAUKESHA COUNTY, W 1SCONS.l N ,AND .AMEND I NG THE SAME.
The Mayor and Common Courlci I of the City of Muskego, Waukesha
County, Wisconsin, do ordain as follows:
Section I. Section I of that ordinance of the Town of Muskego,
Waukesha County, Wisconsin, entitled "Zoning Ordinance, Town of
Muskego, Waukesha 'County, Wisconsin" adopted October 15, 1963, and
as subsequently amended, and the zoning map, being a part thereof,
is hereby amended to read as 1'01 lows:
I .O I AUTHORITY
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, pursuant to Sections 60.81(7) and 62.23 of the
Wisconsin Statutes, deeming it necessary in order to promote
the public health, safety, morals and welfare do ordain as
fol lows:
I .02 ADOPTION
That certain ordinance entitled "Zoning Ordinance, Town of
Muskego, Waukesha County, Wisconsin" December 22, 1957, and as subsequently amended, and the Zoning Map, being a part
thereof, are hereby adopted and re-titled Toning Ordinance,
City of .Muskego, Waukesha County, Wisconsin.,"
1.03 PURPOSE
The general purpose of this ordinance is to promote health,
safety, morals and the general we1 fare of the City of Muskego.,
The provisions hereof shal I be I iberal ly construed in favor of the .City and as minimum requirements for the purposes stated.
Among other purposes, suc:h provisions are intended, in accordance with a comprehensive plan, to lessen conjestion in
the streets; to secure safety from fire, panic and other dangers;
to promote health and general welfare; to provide adequate
light and air; to prevent; the overcrowding of land; to avoid
undue concentration of population; to facilitate the adequate
provision of transportation, water, sewerage, schools, parks
and other public requirements. These regulations are made with
of the districts and their peculiar suitability for particular
reasonable consideration, among other things, of the character
uses, and with a view of conserving the value of buildings
and encouraging the most appropriate use of land throughout the
City.
Section 2. Section 2.01 of said ordinance is hereby amended to
read as follows: , .-1
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2.01 GENERAL INTERPRETAlION
with the context, words used herein in the present tense include For the purposes of' this Ordinance, and when not inconsistent
the future, words in the singular number include the plural, and
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words in the plural number inc1,ude the singular; the word "person" may be taken for persons, associations, co-partnership or corporation; the word "structure" includes buildings; the
word "occupied" includes designed or intended to be occupied; the word "used" includes designed, maintained, arranged, or
intended to be used;' the word "shall" is always mandatory and
not merely permissive; "C:ity" refers to the City of Muskego,
Waukesha County, Wisconsin; '!Common Council" refers to the
Common Council of,said City;."Plan Commission" refers to the
City Plan Commission established under Section 62.23 of the
Wisconsin Statutes; and reference to any officer such as
.. "Building i.nspector", "Plumbing Inspector", "Engineer", or
'!Attorney" means that officer appointed or otherwise officially
designated by the City in such capacity.
Sect ion 3. Sect ion 3 of sa id Ordinance i s hereby amended to
read as follows:
SECTION 3
ADM I N ISTRAT I ON AND ENFORCEMENT
3. o I ADM I N I STRAT I VE AND ENFORCEMENT OFFICER
hereby designated as the.administrative and enforcement officer
(I) Building Inspector Designated: The Building Inspector is
be provided with the assistance of such-additional persons as
for the provisions of this ordinance. For such duties he may
the Common Council may direct.
(2) Duties: In the enforcement of said ordinance the Building
Inspector shall perform the following duties:
A. Issue the necess,ary Building Permits and Occupancy
and Zoning use Permits required by the provisions of this ordinance and provicled its provisions and those of the
building code have been complied with.
8. Keep an accurate record of all permits, numbered in the
order of issuance in a record book for this purpose.
C. In case of any finding of a violation of a provision
of this ordinance, n,otify in writing, the actual violator
where known, the ownler of the property on which the violation has taken place and the Common Council, indicating
the nature of the violation and the action necessary to
correct it.
D. Carry out such additional responsibilities as are hereinafter set forth by the provisions Of this ordinance.
(9) Authority: In the enforcement of said ordinance, the
Building Inspector shall have the power and authority for the
following:
A. At any reasonable time and for any Proper Purpose to enter upon any public or private premises and make inspection
thereof.
8. Upon reasonable cause or question as to Proper compliance,
to revoke any building or occupancy permit and issuecease
moving, alteration or use which is in Violation Of the Pro- and desist orders rtzquiring the Cessation of any building,
visions of this Ordiinance, such revocation to be in effect
until reinstated by the Building Inspector Or the Board Of
Appeals; or to take any other action as directed by the Common Counci I to insure compliance with or to prevent
violation of its provisions.
C. In the name of the City and with authorization of
the Common Council c:ommence any legal proceedings necessary
to enforce the provisions of this ordinance or the building
code including the collection of forfeitures provided for
herein.
3.02 BUILDING PERMIT
of,the ground, nor any structure classified as a building, nor
( I ) Required: No structure 6 inches or more above the surface
any swimming pool, shall be erected, structurally altered, or
relocated within the City of Muskego until a building permit
building as proposed, would be in compliance with the provisions
has been issued by the Building Inspector certifying that such
of this ordinance and with the Building Code of the City.
made in conformity with the requirements of the Building Code
(2) Procedure: An application for a Building Permit shall be
of the City of Muskego.
3.03 OCCUPANCY AND ZONING USE PERMIT
for agricultural purposes, and no building shall be hereafter
( I ) Required: No vacant land shal I be occupied or used except
erected, structurally altered, relocated, used or occupied until
that any such buil,ding, use, or occupancy complies with the
an Occupancy and Zoning Use Permit has been issued certifying
provisions of this ordinance. A like permit shall be obtained
before any change is made in the type of use, or before any
legal non-conforming use is resumed, changed, extended, or
granted conditional use status.
(2) Procedure:
A. Appl ication for such perm it sha I I be made to the
Building Inspector prior to or at the same time as the
application for a Building Permit, or prior to the commence-
ment of any use not involving a Building Permit.
B. Such application shall be prepared in triplicate and
ordinance the following data: shal I include for the purpose of proper enforcement of this
I. A statement by the applicant as to the intended
use of the premises and buildings thereon.
drawn to a reasonable scale and properly dimensioned
2. An accurate map of the property, in duplicate-,
showing:
a. The boundaries of the property involved.
b. The location of the center I ine of any
abutting streets.
c. The location on the lot of any existing
buildings, including the measured distances
buildings, proposed additions, or proposed new
Between such buildings measured at both exterior
the center line of any abutting street to the
wall and eave line and from the lot lines and from
nearest portion of such building.
d. The proposed floor elevation of any proposed
buildings in relation to the existing and/or
established grade of any abutting streets.
e. The high water line of any stream or lake
on which the property abuts.
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3. Where the proposed use involves human occupancy
and connection is not to be made to municipal sewer
disposal, which shall be in compliance with all City
service, a plan of the proposed system for sewage
Ordinances and other governmental laws or regulations
then appl icable to such systems.
4. Where the proposed use involves human occupancy
and ,connection is not to be made to municipal water service, satisfactory evidence that a safe and adequate
supply of pure water is to be provided and the location
of any we1 I fol- that purpose shown on the above map.
C. Within 72 dap ,after the notification of the completion
of the erection, akeration or relocation of the building
or of intent to comlnence a use, the Building Inspector shall make an inspection <of the premises and any building thereon
and if the building and the intended use thereof, and the
proposed use of the premises comply with the requirements of
this ordinance an Occupancy and Zoning Use Permit shall be i ssued.
D. For the purpose of defraying the cost of inspection and
administrative processin such application shall be accompanied by a fee of 85.00.
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(3) Expiration: If within 12 months of the date of application
no-occupancy and Zoning Use Permit has been issued any building
permit related thereto shall lapse and the Building Inspector shall make immediate investigation to ascertain that no use or
occupancy has in fact commenced without proper authority. Upon
showing of valid cause, the Building Inspector may grant an
extension of such permit f0r.a period not to exceed 6 months.
(4) Temporary Occupancy and Use Permit: Pending the issuance of
a regular permit, a temporary permit may be issued by the Common
Council upon recommendation of the Building Inspector for a
period not exceeding 6 months during the completion of alterations
or during partial occupancy of a bui lding pending its permanent
occupadion. Such temporary permit shall not be issued except
under such restrictions and provisions as will adequately insure the safety of the occupants. A temporary permit shall be voided
if the building fails to conform to the provisions of this
ordinance to such a degree, as to render it unsafe for the occu-
pancy proposed.
3.04 ESTABLISHMENT OF ClFFICIAL ZONING MAP
(I) Districts Mapped: The City of Muskego is hereby divided
Zoning Map of the City cmf Muskego and made a part of this
into zoning districts as, shown upon a map designated as the
Ordinance and all the ncmtations, references and other information
matters and information set forth by said map were all fully
shown thereon shall be EIS much a part of this ordinance as if the
described herein.
(2) Map Changes: The Zoning Map shall be kept current at all
boundaries shall be shown on a detailed excerpt map showing
times. A change resulting from amendment to the district
the exact area of change which by reference shall be a part of
the official amendatory ordinance and kept as a supplementary
file record to the offic:ial map.
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(3) Replacement of Zoni11g Map: In the event that the Zoning
Map becomes damaged, destroyed, lost or difficult to interpret
because of the nature or number of changes and additions the -.I:
Common Council may by resolution, adopt a new Zoning Map, which
(shall supersede the prior Zoning Map. The new~foning Map, may2
Zoning Map, but no such correction shall have the effect of
correct drafting or other errors or omissions in the prior
amending the original zoning ordinance or any subsequent amendment
thereof.
(4) Determination of Boundaries: District boundaries shall be
determined by measurement from and as shown on the Zoning Map,
and in case of any question as to the interpretation of such
boundary lines the Plan Commission shall interpret the map
according to the reasonable intent of this Ordinance.
A. Unless otherwise specifically indicated or dimensioned
on the map, the district boundaries are normally lot lines;
the center lines of streets, highways, railways, or alleys.
section, quarter section, or sixteenth section lines; or
B. The boundaries of the WF Wetland and Floodplain Districts
as drawn are intended to represent the edge of lake, stream,
swamp, marsh or other lands not adequately drained or
subject to flooding, and shall be finally determined by the
actual conditions in each specific situation< provided however,
that along a stream or flowing watercourse such line shall
not be less than 25 feet from the normal bank of such
stream, or watercourse.
C. The OLS Lakeshore District shall by definition apply
without specific mapping around the shores of all public
water bodies and the regulations of said district shall
apply to all lots having frontage on a public water body.
3.05 IDENTIFICATION OF OFFICLAL ORDINANCE AND MAP
The text of the zoning regulations and-the corresponding zoning
map shall be kept on file in the offices of the City and any
other copies thereof shall be purely informational and shall
not have the status of law.
3.06 CHANGS AND AMENDMENTS
of-the Wisconsin Statutes the Common Council may, after first .
(I) Authority: Pursuant to the provisions of Section 62.23(7)
submitti,ng the proposal to the~Plan Commission for report and
after provided, amend the regulations of this ordinance or change
recommendation and after notice,and public hearing as herein-
the district boundaries.
(21 Procedure:
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A. Initiation: A proposal to amend the text or change
the district mapping of this or-dinance may be initiated
by the Common Council on its own motion, by recommendation
of the Plan Commiss,i.on, OP by petition of one or more
property owners.
B. FiI ing of Petit,ion: A petition for change or amendment
submi.tted by a,private property owcer shall be prepared
in triplicate on printed forms provided for the purpose
and filed w&$be City Clerk and shall be accompanied by
a fee of $: . ,to defray the cost of giving notice,
investigation and cNther administrative processing.
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C. Data Required: In addition to all information required on
the petition form, the petitioner shal I supply-the following:
I. A plot map drawn in triplicate to a scale no smaller
acres and no smal lei' than 200 feet to the inch for tracts
than 100 feet to the inch for tracts of less than 10
of IO acres or more,, showing the land in question, its location,
the length and direction of each boundary thereof, the
and the principal u!je of all properties within 300 feet
location and the exiisting use of all buildings on such land
of such land.
2. The names and addresses of the owners of all properties
within 300 feet of itny 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 City Clerk ,shall transmit without delay one copy
of such petition to the Plan Commission.
gation and where deemed desirable, an informal hearing, and
2. The Plan Commission shall conduct a study and investi-
report its recommendation to the Common Council within 30
days, unless a longer period is stipulated by the Common
Counci I.
E. Official Hearing: The Common Council shall hold a public
of this ordinance.
hearing upon the petition in the manner provided by Section 3.07
F. Action:
.I. AS soon as possible after such public hearing the
Common Council shall act to approve, modify and approve,
or disapprove the proposed change or amendment.
2. The Common Council shall not take action without having
first heard the recommendation of the Plan Commission,
provided the same is made within the required period.
dation of the Plan Commission, it.sMlre-refer the matter 3. Should the Common Council not concur in the recommen-
to the Commission for reconsideration before taking final
action.
4. An approved chsnge shall be by appropriate ordinance,
and necessary chanqes in the Zoning Map or text shall be
made prompt I y.
G. Protest: In case of protest against a change duly signed and
acknowledged by the owners of 20% mr more either of the areas-of
the land included in suc:h proposed change, or by the owners of 26%
or more of drea of the land immediately adjacent extending 100
directly opposite thereto extending 100 feet from the street
feet therefrom, or by the owners of 20% or more of the land
effective except by the favorable vote of three-fourths of the
frontage of such opposii:e land, and amendment shall not become
members of the counci I.
3.07 PUBLIC. HEAR I NGS
(I) Notice: At least IO days notice of the proposed changes
and hearings thereon shall be given by publication in the
official paper at least 3 times during the preceding 30 days, and
classification of any property, granting of conditional uses, or of
in the cases of petitions requesting changes in the zoning district
planned developments under 6.02, the City Clerk shall mail notice
of the public hearing to the owners of all lands within 300 feet of
any part of the land included in such proposed change or conditional
use at I east IO days before such pub1 i c hearing. The fai lure of
such notice to reach any property owner, provided such failure be
not intentional, shall not invalidate any amending ordinance, or
grant of conditional use or planned development. Such mailed notice
change is of such comprehensive nature that such notice would
sha I I not be required where the Common Counci I determines that the
involve excessive administrative effort and expense and is not
necessary for reasonable notification of affected property owners.
At least IO days prior written notice of changes in the district
pian shall also be given to the clerk of any municipality whose
boundaries are within 1000 feet of the land to be affected by the
proposed change. Failure to give such notice shall not'invalidate
any such change. .
such public hearing and the purpose for which the hearing is held,
(2) Information: Such notices shall state the time and place of
and shall include, in the case of map changes a description of the
area involved and in the case of text changes a description of the
proposed change, in suff icierlt detai 1 for general pub1 ic identi.fi-
cation. Reference shall also be made to the fact that detailed
descriptions are available for public inspection at the Clerk's
office.
required by the provisions of this ordinance a,s a result of a (~3) Petitions Not Involving Zoning Change: Where such hearing is
request for other than a zon'ing change or appearance before the
Board of Appeals, such reque:;t shall be presented to the City Clerk
in writing, and shall be accompanied by a map or description clearly
identifying the property involved and by a fee of $15.00 payable to
the City, to defray the cost of notification and holding of a public
hearing.
the proliisions of this ordini3nce may be noticed as deemed appropriate
(4) Informal Hearings: Hearings not specifically required under
by the body holding the hearing.
3.08 APPEAL PROVISIONS
(I) Appeal Rights: Any person aggrieved, or any officer, depart-
ment, board or bureau of the City affected by any decision of the
administrative officer or of the Plan Commission may appeal such
decision to a Board of Appeals as hereinafter established, provided
such appeal be taken within i3 reasonable time, as provided by the
rules of said Board of Appeals, and provided such appeal falls within
the classification as set fol-th under the powers of the Appeal Board.
(2) Board of Appeals:
A. Establishment: Thelre mhall be a Board of Appeals
consisting of 5 members appointed by the Mayor, subject to
confirmation by the Comlnon Council, for terms of 3 years,
except that of those first appointed, one shall serve for
I-year, two for 2 years and two for 3 years. Members shall serve without compensation, and shall be removable by the
Mayor for cause upon written charges and after public hearing. Vacancies shall be filled for the unexpired terms of members
whose terms become vacant. The Mayor may appoint, for a
term of 3 years, an alternate member of such board, in
addition to the 5 members above provided for, who shall act,
with full power, only when a member of the Board refuses to
vote because of interest, or when a member is absent. The
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above provi i ns wilh fegard to removal and the filling of vacancles s E? a I app y D such alternate.
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B. General Rules:
1. The Mayor shall designate one of the members
chairman and the Board of Appeals may designate
such other officers and employ such employees as
it feels necessary.
2. The Board of Appeals shal I adopt rules governing
ordinance.
its procedure consistent with the terms of this
C. Meetings: Meetings of the Board shal I be held at the cal I of such chai rman and at such other t imes as
the Board may determine. Such chairman, or in his
absence the acting chairman, may administer oaths and
compel the attendance of witnesses. All meetings of the
Board shall be open to the public. The Board shall keep
minutes of its proceedings showing the vote of each
member upon each question, or, 4.f absent or fai I ing to
vote, indicating such fact, and shall keep records of
its examinations and other official action, all of which
shall be immediately filed in the office of the Board and
shall be a public record.
D. Powers: The E'oard of Appeals shall have the following
powers as defined by statute:
I. To hear and decide appeals where it is alleged
there is error in any order, requirement, decision
or determination made by an administrative official
in the enforcement of this ordinance.
terms of this ordinance upon which such Board is 2. To hear and decide special exceptions to the
required to PEISS under this ordinance.
3. To authorize upon appeal in specific cases such
variances from the terms of this ordinance as will not be contrary to the public interest, where owing
to special conditions a literal enforcement of the
provisions of this ordinance will result in practical
difficulty or unnecessary hardship, so that the spirit of this ordinance shall be observed, public
done.
safety and welfare secured, and substantial Justice
appropriate conditions and safeguards in harmony with 4. To permit,. in appropriate cases, and subject to
the general purpose and intent of the ordinance, a
building or prbemises to be erected or used for such
public utility purposes in any location which is reasonably necessary for the pub1 i c convenience and
we1 fare.
E. Additional Requirements: In making its determination
the Board shal I consider whether the proposed exception, or variance would be hazardous, harmful, noxious, offensive
or a nuisance to :;he surrounding neighborhood by reason
of physical, social or economic effects; and using such
standards may impose such requirements and conditions with
respect to location, construction, maintenance and operation -- in addition to any which may be stipuhted in this
ordinance -- as the Board may deem reasonably necessary for
the protection of adjacent properties and the public
interest and we1 fijre.
F. Performance Standards: In order to reach a fair and objective decision the Board may utilize and give
recognition to appropriate performance standards which
are available in nodel codes or ordinances or which have
been developed by planning, manufacturing, health,
arkhitectural, ancl engineering research organizations.
G. Enforcement of Decision: In exercising the above-
provisions of thiE. ordinance, reverse or affirm, wholly
mentioned powers, such Board may, in conformity with the
or partly, or may modify the order, requirements, deci-
sion or determination appealed from, and may make such
order, requirement, decision or determination as ouQht
to be made, and tc that end shall have all the powers
of the officer frcsm whom the appeal is taken, and may
issue or direct the issue of a permit provided that no
district a use prchibited in that district; of rezoning; such action shall have the effect of permitting in any
of granting a conclitional use or special exception where
determination under this ordinance; or of permitting, without
such grant is not specifically assigned to the Board for
the approval of the Plan Commission any building within the
base setback area as,herejnafter established by the pro-
visions of this ordinance.
H. Required Vote: The concurring vote of 4 members of
the Board shall be, necessary to reverse any order,
ministrative official, or to decide in favor of the
requirement, decision or determination of any such ad-
pass under this ordinance, or to effect any variation
applicant on any matter upon which it is required to
be stated.
therefrom. The grounds of every such determination shall
I. Further Appeal: Any person or persons aggrieved by
any decision of the Board of Appeals, or any taxpayer, or
may appeal to a court of record from a decision of the
any officer, department, board or bureau of the municipality
Board of Appeals within 30 days after the filing of the
manner provided in Section 62.23 (7)(e)(10) of the Wis.
decision in the office of the Board of Appeals in the
Statutes. ~. ~. -
(3) Procedure:
A. Filing: A notice of appeal shall be filed with the
officer or commission from whom the appeal is taken and
with the Board of Appeals, specifying the grounds thereof
and accompanied by a fee of $10.00 to defray the cost of
giving notice, investigation, and other admini'strative
processing. The officer or commission from whom the appeal
is taken shall forthwith transmit to the Board all the
papers constituting the record upon which the action
appea I ed from was taken.
B. Stay: An appeal shall stay all legal proceedings in
furtherance-of the action appealed from, unless the
officer from whom the appeal is taken certifies to the
Board of Appeals after the notice of appeal shall have
been filed with him, that by,reason of facts stated in
the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, pro-
ceedings shall not be stayed otherwise than by a restraining
Court of record on application, on notice to the officer from order which may be granted by the Board of Appeals or by a
whom the appeal is taken and on due cause shown.
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C. Hearing: Each appeal shal I be heard within 40 days from.the time of filing and public notice of such hearing
shall be given as Iprovided by Section 3.07 of this ordinance as well '3s to the parties in interest. Such
notice however shall require only one publication which
shall not be less .than 10 days prior to the date of hearing.
Any party may appear in person, or by agent or by attorney
representing him.
D. Decision: The Board of Appeals shall render its
decision in writinq within 15 days after completion of
the hearing thereon.
E. Special Exceptions: Requbsts for special exceptions
upon which the Boa)-d of Appeals is required to pass under
the provisions of .this Ordinance shall be presented by
petition and a public hearing held thereon as provided 5pr
appea I s.
3.09 VIOLATIONS
(I) Penalties: Any pel-son, firm, company or corporation who
violates, disobeys, omits, neglects or refuses to comply with,
or who resists the enforcement of any of the provisions of this
ordinance, shall be sub.ject to a forfeiture of not less than
$10.00 and not to exceed the sum of $200.00 for each offense,
together with the costs of the action, and in default of the
payment thereof, shall be imprisoned in the County Jail of Waukesha County, for a period not to exceed 6 months, or until
day that a violation is permitted to exist shall constitute
such forfeiture and the subsequent costs have been paid. Each
a separate violation and be punishable as such.
of-this Ordinance may also be enforced by injunction order at
(2) Enforcement by Injunction: Compliance with the provisions
the suit of the City or one ot more owners of real estate situated within an area affected by the regulations of this
ordinance.
(3) Declared Nuisances: Any building erected, structurally altered, or placed on a.lot, or any use carried on in violation
of the provisions of this ordinance is hereby declared to be a nuisance per se, and the City may apply to any court of
competent jurisdiction to restrain or abate such nuisance.
3.10 SEVERABILITY
The severai sections, subsect ions and paragraphs of this
ordinance are hereby declared to be severable. If any section,
be declared by a decision of a Court of competent jurisdiction
subsection, paragraph, or subparagraph of this ordinance shall
to be invalid, such deciision shall not affect the validity of
the other provisions of the ordinance, or of the sect ion of which
the invalid portion or paragraph may be a part.
e Section 4. At those plilces in the fol lowing sect ions of the
said Ordinance where the word "Town" appears, the word "City" is
hereby substituted therefor:
6.07(12) D.
6.07(14) A.
6.08(1)
6.08(2)
6.11(1)
7.02
6.10(3)
Section 5. At those places in the following sections of the said ordinance
where the words "Town Board" or the word "Tm" appears, the words "City
Council" are hereby substituted therefor:
6.02/4) A. 6.0zj4j B.
6.02(4) C.
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6.02(6) A.
6.02(6) B.
6.03(2) E.
6.07(2)
Section 6. Section 4.07 is arnended to include the following:
(5) No principal building shall be located when it could be cut off
pemdssion of the Planning Conmission.
from access to a public 1- by nod seasonal flooding, except wlth
Section 7. Section 5.05(2) it; hereby amnded to read as follows:
(2) Lot Area -- How Measured: For the purpose of this ordinance, the
lot area shall be measured f-rcfn the Base Setback Line and shall be ex-
perty line ulthtely to be included in the street, but nray include land
clusive of the area between the Base Setback LLne and the existing prc-
and (3).
zoned "wetland-floodplain" subject to conpliance with Section 6.01(2)
Section 8. Section 6.02(6) C. is hereby amnded to read as follows:
C. Any subsequent change or addition to the plans or use shall first be
submltted for approval to the Comn Council and if in the opinion of the
Comn Council such cmy or addition constitutes a substantial altem-
tion of the original plan, a public hearing before the Cmn Council
shall be required and notice thereof be @veri pursuant to Section 3.07.
A.
Section 9. Section 6.02(4)/1s hereby anded to read as follows :
A. Petition: Petition rray be de to the Cmn Council by the Owner
or agent of property proposed for such developmnt, to and the zoning
nap by the overlaying of an OPD Mstrict in order to pemdt the applica-
tion of the provisions 01' this section to such developmnt. Such petit-
tion shall be accompanied by a fee of $50.00 plus $1.00 for every acre
or mction thereof in the project area, and the following infomtion:
Section 6.02(4) is hereby anded to include the following:
D. Where a proposed developmnt includes uses pemdtted only as condi-
tional @;rants pursuant to Section 9.03(7) C. compliance with the proced-
Ural and general requirements set forth as the basis for approval under
this section shall supplant the requiremnt for seperate processing of a
petition for conditional use grant pursuant to Section 6.03.
Section 10. Section 6.03(2) is hereby amnded to add a new paragraph to
read as follows:
G. Subsequent Change or Addition to the approved plans or use shall
first be submitted for approval to the Plan Conmdssion and if in the
opinion of the Plan Conmdssion such change or addition constitutes a
substantial alteration tlased on the standards set forth in 5.01(2) C
and 6.031) B, a public hearing before the Plan Codssion shall be
required and notice thereof be glven pursuant to Section 3.07.
Section 11. Section 6.07( 3) A. is hereby amended to read as follows:
A. A fee of $50.00 to defray the cost of notification and holding of
public hearing and adndrdstrative processing.
Section 12. Section 6.07(4) is hereby arnended to read as follows:
(4) Refemal to Plan Cclmrdssion & Public Hewing: Where the application
data and lnfomtion pertaining thereto shall be referred to the Plan
is for a use pedtted 2s a conditional grant, the application and all
Cdssion for public hearing and report and recomndation back to the
Comn Council within 30 days after the public hearing. The Plan Com-
mission shall hold such public hearing within 30 days after an' appllca-
tion has been referred t.o it. In addition to publication pursuant to
placed in the hands of all owners within a half mile radius of the ap-
Sec. 3.07, notices shall. also be sent through the dl or otherwlse
proximate center of the proposed quarrying operation. These notices
shall be miled or delivered at least 10 days prior to the date of
hewlng. Substantial ccnpliance with the notice requiremnts of this
section shall be deemd sufficient.
Section 13. Section 6.07(5) is hereby amen6E-d to read as follows:
(5) Action by Cmn Clouncil: The Cmn Council shall, within 10
days after receipt of the recmndation of the Plan Cdssion gmnt
or dew a pedt for the proposed extractive operation. where the Plan
Comrdssion has denied the application, approval of the Cmn Council
shall require a favorable vote of three-fourths of the members of the
Cmn Council. Such determination shall be based upon the standards
set out in Section 6.03 of this ordinance with particular consideration
of the following factors:
Section 14. All parts of thls Ordinance not hereby specifically amended shall
re& in full force and effect.
Section 15. All ordinances c:ontravening or inconsistent with the provisions
of this ordinance shall be repealed.
Section 16. This ordinance shall take effect upon passage and publication.
PASSED AND ADopI@D by a vote of&in favor andLopposed, this 17 - City Clerk-Treasure