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ORD1997928a t COMMON COUNCIL - CITY OF MUSKEGO AMENDED ORDINANCE #928 AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO TO CREATE SECTION 9.10 (OH Height District) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17 of the Municipal Code of the City of Muskego, Wisconsin is hereby amended to create Section 9.10 to read as follows: 9.10 OH HEIGHT DISTRICT STATEMENT OF INTENT This district is intended to provide for greater heights for principal structures located on/in General Business (8-3), Highway Business (8-4), Business Park (B-P) and industrially zoned parcels or districts where it is determined that existing and proposed use or building shall not adversely circumstances of location, land characteristics or type of impact adjacent and surrounding properties. This designation may be utilized for individual as well as grouped sites but shall only be applied to areas served by municipal water. BASIC REGULATIONS: (See Section 5 for general enabling and qualifying language.) (1) LOT SIZE Minimum Area: Min. Average Width: None None ( 2 ) DENSITY Residential Lot Area per D/U: -- (3) BUILDING LOCATION Minimum Set Back: 40 feet. Minimum Offset: Equal to the building height but in no case less than the underlying district. (4) BUILDING SIZE * (5) OPEN SPACE * (6) HEIGHT Principal Structure: No more than three stories, up to a maximum of 40 feet for all stories. Accessory Structure: * (* Same as underlying zoning district) Ordinance #928 (7) PERMITTED USES A. Permitted uses by right: Common Council any use permitted in the Subject to approval by Plan Commission and underlying basic district for the exception of any uses providing permanent or temporary sleeping quarters or facilities. B. Permitted accessory uses: Any accessory uses permitted in the underlying basic district. C. Permitted uses by conditional grant: Subject to approval by Plan Commission and Common Council any conditional use permitted in the underlying basic district for the exception of any uses providing permanent or temporary sleeping quarters or facilities. D. Non-compatible zoning district offset: No building shall be permitted closer than 50 district which is not permitted to have an OH feet to the boundaries of any other zoning Height Overlay. be severable. If any section or portion thereof shall be declared SECTION 2: The several sections of this ordinance are declared to by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the decision, and not affect the validity of all other provisions, specific section or portion thereof directly specified in the 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 8TH DAY OF JULY , 1997. ATTEST: LK WA k-Treasurer First reading: 3/25/97 Deferred: 4/8/97, 4/22/97, 6/24/97 of July, 1997. Published on the 17th day 3% 7 jmb COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #928 AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO TO CREATE SECTION 9.10 (OH Height District) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17 of the Municipal Code of the City of Muskego, Wisconsin is hereby amended to create Section 9.10 to read as follows: 9.10 OH HEIGHT DISTRICT STATEMENT OF INTENT This district is intended to provide for greater heights for principal structures located on/in General Business (8-3), districts where it is determined that circumstances of Highway Business (B-4) and industrially zoned parcels or proposed use or building shall not adversely impact adjacent location, land characteristics or type of existing and and surrounding properties. This designation may be utilized for individual as well as grouped sites. BASIC REGULATIONS: (See Section 5 for general enabling and qualifying language.) (1) LOT SIZE Minimum Area: Min. Average Width: None None (2) DENSITY Residential Lot Area per D/U: -- (3) BUILDING LOCATION Minimum Set Back: Equal to or greater than height of principal structure Minimum Offset: No less than 4 of the height of principal structure (4) BUILDING SIZE * (5) OPEN SPACE * (6) HEIGHT Principal Structure: 60 feet Accessory Structure: * (* Same as underlying zoning district) Ordinance #928 (7) PERMITTED USES 6. i ‘i A. B. C. Permitted uses by right: Common Council any use permitted in the Subject to approval by Plan Commission and underlying basic district for the exception of any uses providing permanent or temporary sleeping quarters or facilities. Permitted accessory uses: Any accessory uses permitted in the underlying basic district. Permitted uses by conditional grant: Subject to approval by Plan Commission and Common Council any conditional use permitted in the underlying basic district for the exception of any uses providing permanent or temporary sleeping quarters or facilities. D. Non-compatible zoning district offset: No building shall be permitted closer than 50 district which is not permitted to have an OH feet to the boundaries of any other zoning Height Overlay. be severable. If any section or portion thereof shall be declared SECTION 2: The several sections of this ordinance are declared to by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the decision, and not affect the validity of all other provisions, specific section or portion thereof directly specified in the 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 , 1997. CITY OF MUSKEG0 David L. De Angelis, Mayor ATTEST: Clerk-Treasurer 3/97 jmb First reading: 3/25/97 Deferred: 4/8/97, 4/22/97 6/24/97 Published on the of __ day , 1997. STATE OF WISCONSIN ) Milwaukee County ) ) ss. Official Notice COMMON COUNCIL - CITY OF MUSKEW ORDINANCE 8928 AN ORDINANCE TO AMEND CHAFTER 17 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO TO CREATE SECTION 9.10 -ED THE COMMON COUNCIL OF THE CITY OF IOH Height District) MUSKEGO. WAUKESHACOUNTY. WISCONSIN, DO ORDAIN As FOLLOWS ofthe City ofMuskego. Wmansin is hereby amend. SECTION 1' Chapter 17 ofthe Municipal Code ed to create Section 9.10 to read as fallows 9.10 OH HEIGHT DISTRICT STATEMENT OF INTENT Thls district IS intended Lo provide for greater heights for p-cmpd stmcture. located odin Gen- eral Business (8-31. Highway Busmess IB-4). Buri- ness Park IB-PI and indurtnally zoned pareels or distrmcts where it is determined that circum~tance~ of location. land characteristics or type of emrtmg and proposed use or building shall not adviraely Impact adjacent and surromdmg propertmes This designation may be utilized for mdivrduol as well served by municipal water. as grouped altes but shall only be applied LO areas BASIC REGULATIONS: (See Sectmn 5 for general enabling and qualify- 11) LOT SIZE Minimum Area: None ing language.) Min. Average Width: None (21 DENSITY Residential Lot Area per Dffl: (3) BUILDING LOCATION Minimum Set Back. 40 re-, but in no case less than the underlying dirtnct I4i BUILDING SIZE * I51 OPEN SPACE * 1Ri HFXCHT .... ..... Principal Structure: No more than three stories. Accessory Structure: * up to a maximum or40 feet lor all stones. ('Same ag underlying zoning district) (71 PERMI'ITED USES A. Permitted uses by fight: Subject to.approva1 by Plan Commission and Common Council any use permitted in the underly- ing basic district for.the exception of any uses pm- viding permanent or temporaly deeping quarters, or facilities. " Any accessory uses permitted in the underlying B. Permitted accessory uses: C. Permitted UB~S by conditional grant. Common Council any conditional use permitted in Subject to approval by Plan Commission and the underlying basic distnet for the excepticiof any YS~S providmg permanent or temporary sleep- ing quarters or facilities. basic distnct No building shall be permitted closer than 50 D. Nan-compattble rontng district offset: which is not permitted to have an OH Height Over- feet to the boundaries of any other zoning district SECTION 2: The several sectibns of this ordm- portion thereof shall be declared by a decmon of a name are declared to be severable. Ifany section or courtofcompetentjurisdiction to he invalid. unlaw- ful. or unenforceable; such decision shall apply only lo the specific section or portion thereof dlrectly specified in the decision, and not alfect the validity of all other provisions. sections. or portion thereof and elfeel. Any other ordmance whose terms are tn of the ordinance which shall remain nn full force .hereby iepded%io thoae Le-lhet conflict. confliit with'I+nrp.irions.?d this ordinance are SECTION 9: This ordinance &all bdm full force tion. and, eflect fmm.&d~ansr.it..6-& .~ ~ and peblisa- lay. Judith Ziolltovski being duly sworn, doth dePose.and say thal he is an aulhorized rcprescnla[ive of The ..... .MUSKEGO. SUN. ....... a newspaper published st .. MUSKEGO. ........ Wisconsin and thal an adverlisenlenl of which tile annexed is a true COPY, taken from said paper, was published therein on .... ... ... cp$ ............ ..................... .. ............ ........ ...... !._ JULY. 1997. PASSED AND APPROVED THIS STH DAY OF CITY OF MUSKEG0 David L. De Angells, Mayor ATEST ^. -