ORD1980393ORDINANCE # 393
SECTION 2.4(1) AND (2) OF THE MUNICIPAL CODE
AN ORDINANCE TO AMEND CHAPTER 18,
AS FOLLOWS :
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
Code are hereby amended to provide as follows:
SECTION 1: Chapter 18, Section 2.4(1) and (2) of the Municipal
2.4 IMPROVEMENTS
EXISTING SUBSTANDARD LOTS. (1) CONVEYANCE RESTRICTED.
In the case of a lot of record which does not conform
to the zoning regulations of the City, and which adjoins
along a side lot line properly held in the same ownership
no such lot shall be conveyed to another owner nor shall
a building permit be issued for a structure on such a
lot except In conformity with the following:
substandard lot may at any time prior to the proposed
(a) Petition for Determination. The owner of such
conveyance of such lot or request for building permit,
petition the City for determination as to the status of
such lot.
(b) Referral*to Plan Commission. Such petition shall be
referred to the Plan Commission for study to determine the
practical possibility of a redivision of such ownership to
provide lots which will be in conformity to the zoning
regulations of the City.
recommendation to the Common Council within 40 days of (c) Time Limit. The Plan Commission shall make its
the date the petition was received and the Common Council
shall act within 20 days to give the petitioner a
determination.
(d) Criteria. The Plan Commission in making its
recommendation and the Common Council in making its
determination shall give consideration, among others,
to the following factors:
existing lots and building development in the immediate
1. Compatibility. The size, quality, and character of
protecting existing values.
area with a view to maintaining compatibility and
2. Sewage Disposal. Where public sewer is not available,
the lot size necessary to insure safe sewage disposal.
practicability of any possible redivision.
3. Practicability. The economic and engineering
4. Hardship. The degree of practical hardship which
may be imposed upon the owner.
(e) Method of Redivision. Such redivision may be
accomplished as is most appropriate by:
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1. Vacation and rephtting of all or a part of a
recorded plat.
2. Combining'of lots or parts of lots.
3. Redefining of lot lines by a plat of "other divisions"
as provided by sec. 3.9.
(2) DETERMINATION OF OWNERSHIP. For the purpose of this
section, lots and pro.perty shall be considered in the
same ownership when owned by: the same individual or
corporation; an individual and another in joint tenancy,
or as tenants in commm, and either of said joint or
common tenant or tenants owns other lots indlvidually or
as joint tenants or t'2nant in common with another; an
brothers and sisters, children, or the spouse of any child,
indlvidual and other lots are owned by his spouse, parents,
and when any of said lots are owned by an individual and other
lots are owned by a c'3rporation in which said individual is
an officer or director or controlling stockholder.?
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with or contravening this ordinance are hereby repealed.
SECTION 2: All ordinances or parts of ordinances incoiisistent
SECTION 3: This ordinance shall be in full force and effect
from and after its passage and publication.
PASSED AND APPROVED THIS 4 DAY OF
9
, 1980. "
ATTEST :
L
City Clerk
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STATE OF WISCONSIN )
Milwaukee County )
) ss.
LOU& Lane "clllg UUl, J""lI8,
doth depose and say that he is an authorized representative of
The ..... Muskego 3 ................ Sun ..
a newspaper published at . Muskeg?. ..
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said
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(Signed).
BOOKKEEPER,
Subscribed and sworn to
of . .
My Commission expires .Feb, L?,19 6.3