ORD1995852COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #E52
AN ORDINANCE TO AMEND CHAPTER 17, SECTION 3.08,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
ZONING ORDINANCE
(Appeal Provisions)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS :
SECTION 1: Chapter 17, Section 3.08 of the Municipal Code of the
City of Muskego, Wisconsin, is hereby repealed and recreated to
read as follows:
(1) Any person aggrieved, or any officer, department, board or
bureau of the City affected by a decision of the Administrative
Officer or of the Plan Commission may appeal such decision to the
Board of Appeals as hereinafter established, provided such appeal
be taken within a reasonable time, as provided by the rules of
said Board of Appeals, and provided such appeal falls within the
classification as set forth under the powers of the Appeal Board.
(2) Unless a variance from the basic zoning regulations is sought
setback is required by the regulations of the applicable zoning
(e.g. a request for a 30 foot building setback where a 50 foot
district), this section shall not apply to decisions of the Plan
Commission relating to the following: Building, Site and
Operation Plans; Signs of a temporary or permanent nature;
Residential Outbuildings; Conditional Use requests. In a case
where a variance from the basic zoning regulations is sought, the
Plan Commission may file a recommendation with the Board of
Appeals outlining its opinion and findings as they relate to the
issue(s) being appealed.
(3) Any person aggrieved by any decision by the Common Council
for the City of Muskego with regards to this ordinance may request
such review of such decision in accordance with the procedures as
set forth in Chapter 27 of the Municipal Code for the City of
Muskego and/or Chapter 68 of the Wisconsin Statutes.
SECTION 2: The Section numbers following are renumbered
accordingly.
SECTION 3: 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,
in full force and effect. Any other ordinance whose terms are in
sections, or portion thereof of the ordinance which shall remain
conflict with the provisions of this ordinance are hereby repealed
as to those terms that conflict. /
Ordinance #E52
Page 2 I
SECTION 4: This ordinance shall be in full force and effect from
~ a and after its passage and pubkication. ,/
PASSED AND APPROVED THIS llTH DAY OF OCTOBER
ATTEST : First Reading 9/27/94
9/94 jrnb
Published on the 20th day
of October, 1994.
i'
STATE OF WISCONSIN )
Milwaukee County ) ) 5s. .
Off it%k=Mtice .,
COMMON COUNCiL -.
CITY 0.F MUSKEGO ORDINANCE e52
SORDINAf4CE TO AMEND CHAPTER
17, SECTION 3.08, OF THE bfUNlCIpAL
CODE OF. THE CITY OFMUSKEGO ZON-
ING ORDINANCE (Appeal Provisions) THE COMMON COUNCIL OF THE CITY
OF MUSKEGO. WISCONSIN, DO ORDAIN
AS FOLLOWS
the Municival Code of the City of Munkego,
SECTION 1: Chapter 17. Section 3.08 of
Wisconsin-is hereby repealed-and recreated
to read as followa: -
partment, board or bureau of the City af-
(l)Anypersoneggrieved,oranyoffiCer,de-
fected by a deeision of the Administrative Of-
ficer or of the Plan Commission may appeal
such decision such appeal be taken witbin a
reasonable time, a6 provided by the rules of
ssid Board ofAppeals. and provided such ap-
peal falls within the daasilication es set forth
under the powern of the Appeal Board.
(2) Unless a variance from the basic zoning
regulations is sought (e.g. a requegt for a 30
foot building setback where a 50 foot setback
is required by the regulations of the applic-
able zoning district), this section shall not
apply to decisions of the Plan Commission re-
lating to the following: Building, Site and Op
eration Plans; Signs of a temporarfm perma-
nmt nature; Residential Outbuildings; Con-
variance from the basic zoning regulations is
sought. the Plan Commjssim may file e IS
commendation with .the Board of Appeals
outlining itg opinion and findings as they R-
late to the insuds) being appealed.
by the Common Comd for the Gib of Mu- (3) Any person aggrieved by any decision
skego with regards to this ordinance may re-
quest such review of such decision in aeeor-
dance with the pikcad-s as mt forth in
Chapter 27 of the Municipal code for the City
of Muskego and/or Chaptar 88 of the Wiseon-
sin statutes. SECTION 2: The Section numbers follow-
ing are renumbered accordingly.
SECTION 3 The several dm of this
ordinance are declared to be severable. If any
don or portion thereof shall dedared by a
decisionofacourtofcom~nt~dicti~to
be invalid, unlawful, or unenformable, such
decision shall apply only to the spgific sec-
tionorportionthereofdireetlgsperifiedinthe
deeision, and not a5& the validity of all
other provisions. dons, or portion thereof
of the ordinance which shall remain in full
forcs and effect. Any other ordinance
terms are in conflict with the pdons of
whom
thisordinanceareherebyrepenledantotha
terms that conflict.
force and et?& hm and aRer its peseage and
SECTION 4 This ordinance shall be in full
ditional UEa requests. In a eaBe where e
publication. PASSED AND APPROVED THIS llm
David L. De Angelis, Mayor
DAY OF OCKJBER, 1994.
ATTES2
City Clerk
9194jmb
being duly sworn.
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BOOKKEEPER.