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ORD1997936AMENDED ORDINANCE #936 AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO TO CREATE SECTION 8.145 (B-P Business Park District) COMMON COUNCIL - CITY OF MUSKEGO 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 8.145 to read as follows: 17:8.145 B-P BUSINESS PARK DISTRICT A. Statement of Intent: This district is intended to provide space where diverse, high quality office uses may be mixed with light manufacturing uses. All of the uses shall be required to adhere to district wide design standards of building architecture and grounds appearance while maintaining highly landscaped parcels free of outside storage or display. All production activities, processes , facilities and equipment shall be confined within the primary building. This district shall be applied to areas no smaller than 650,000 square feet. s B. Permitted Uses by Right: The following subject to approval by the Plan Commission of building, site and operational plans. (See Sec. 2.8). 1 Office, whether for single or multiple tenant use, including business, professional, and governmental occupancy, corporate headquarters as well as for medical and dental clinics, banking, accounting, investment, engineering and other professional services. 2. Single or multiple tenant, non-smoke stack facilities for light manufacturing, assembly, fabrication including indoor storage and warehousing of related materials, warehouse facilities less than 100,000 square feet, excluding activities such as: heavy machining and stamping; foundries; smelting; dropforging; mini- warehousing; hazardous and medical waste disposal where such activity is a primary function of the facility; truck and transportation terminals; motor vehicle assembly; petroleum products refining; raw materials processing; and plating. Manufacturing and assembly activities and facilities which, upon review by the Plan Commission for detailed building, site and operational plans, may meet the intent of this district are: millwork; machine tools; paper containers; patterns; die casting; light metal fabrication; appliances; printing; lithographing; blueprinting; photocopying; food and milk processing; soft drink bottling; dry cleaning and dyeing; precision instruments; radio, television and electronics assembly no closer than 500 feet to any residential district, mail order houses, sporting goods, apparel, plastic products, shoes or other similar activities and facilities. 0 C. Permitted Accessory Uses: The following subject to approval by the Plan Commission of building, site, and operational plans. (See Sec. 6.1 1). 1 Any accessory uses customarily associated with the permitted use, but excluding those involving outside storage or display, or accessory structures such as garages or sheds. 2. All signage is subject to the review and approval of the Plan Commission. One flat wall sign, or one ground sign per single tenant project. If a ground sign option is chosen for a single tenant project, one wall mounted copy righvtrade mark logo per project may be permitted by the Plan Commission if found to be in proportion to architectural detail elements of the facade. For multi-tenant projects, if the developer chooses to utilize a ground sign, as a project sign per 17:6.09(12) one wall mounted name plate per business, measuring two square feet or less in size, is permitted. For all other signage, size standards are as regulated in the 1-1 Zoning District except that in no case shall a flat wall sign exceed 300 square feet in area. A building identification sign (i.e. "Denoon Oftice Center" or " W160 Building") may be permitted as one flat wall sign or one ground sign, in addition to signage discussed above, to a maximum of 32 square feet D. Permitted Uses by Conditional Grant 1 The following uses may be Demitted bv wav of Conditional Use Grant as approved by the Plan Commission: Wareious'kg 100,000 square feet or greater in size (excluding mini warehousing), distribution facilities, industrial supply sales, wholesalers, factory direct or seconds stores as an accessory use to the primary manufacturing and/or assembly operation, indoor health and fitness facilities, daycare centers, technical schools and training centers, research laboratories. Restaurants (excluding those having drive through and/or in-vehicle dining accommodations ), hotels, banquette and meeting facilities, provided that, in the opinion of the Plan Commission they will provide a service needed by the employees of, customers of and visitors to the facilities in this district. E. Building Design 1 Within this district, the Plan Commission, in following Sec. 6.1 1 of this ordinance, shall not approve building plans which do not treat all exterior walls of all structures with acceptable materials that present an equally finished facade to all sides consisting of brick, textured tilt-up concrete panels or other similar materials including decorative concrete block treatments. Color may be integral to the material being utilized, or paintedktained and the material shall be properly sealed. Excluding window and door spaces, other exterior may comprise up to 30 % of any one building elevation with sheet metal treatments permitted only as a roofing application. When conducting its review, the Plan Commission shall take into consideration the total design of a structure as it relates to the proposed location and the intent of the district. 2. Necessary loading docks and enclosed waste storage awaiting pickup, shall be confined to the side or rear yard exposures and be especially well treated in terms of site placement and screening from street view. 3. Roof-top mechanicals and roof-top or yard and wall mounted communication equipment shall be screened from public view as deemed appropriate by the Plan Commission. F Performance Standards 1 Vibration: no operation or activity of, or related to the facility in question shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground or structure vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. 2. Lighting: All outdoor lighting must be designed so as not to produce any intense glare or lighting with the source directly visible beyond the boundary of the subject facility. High pressure sodium vapor, down cast, cut off fixtures are required. No light source(s) or objective(s) of illumination shall create a glare, reflection or radiance so as to be determined a nuisance per Section 10 of the City Of Muskego Municipal Code, nor shall they be detectable, at or beyond a five foot high vertical plane along the property line of the source, at a value greater than .5 foot candles. 3. Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Chapter NR 400-499, Wis. Adm. Code. 4. Particulate Emissions: No operation or activity shall emit into the ambient air from any direction or portable source any matter that will affect visibility in excess of the limitations established in Chapter NR 415, Wis. Adm. Code. 5. Visible Emissions: No operation shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Chapter NR 431, Wis. Adm. Code. 6. Hazardous Pollutants: No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Chapter NR 445, Wis. Adm. Code. 7 Noise: No continuous or intermittent noise from operations based, non- transient noise shall be detectable at or beyond the property line of the source to a level greater than 65 dBA between the hours of 7:OO a.m. to 6:OO p.m., and to a level greater than 55 dBA between the hours of 6:Ol p.m. to 659 a.m. 8. The storage or use of chemicals either solid, liquid or gas, shall be in compliance with all federal, state and local regulations and subject to the following conditions: a. The storage, utilization or manufacturing of materials or products ranging from incombustible to moderate burning is permitted. b. The storage, utilization or manufacturing of materials or products ranging from free to active burning is permitted provided that said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic tire extinguishing system. c. The manufacturing of flammable materials which produce explosive vapors or gases is prohibited. G. Site Regulations 1 Lot Size = 80,000 sq. ft. min. 2. Minimum Lot Width = 250 ft. 3. Minimum Set Back = Arterial and Collector Streets - 75 ft (no parking in setback area) Local Street - 75 (no parking in first 25 feet) 4. Minimum Offsets = (triple for those side and rear yard areas adjacent to residential uses unless a landscape buffer of equal or greater depth to the increased side or rear yard offsets is provided.) Sides - 20 ft. Rear - 25 ft. 5. Floor Area Ratio = 40% maximum 6. Open Space = 30% min landscaped areas 7 Height = Principle - 30 ft. (35 feet if served by municipal water and no residential units) (Office: 40 ft; no more than three stories if served by municipal water and no residential units) Accessory - Per Plan Commission review but in no case shall the height exceed 30 feet. 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 fro," and after its passage and publication. LI .r - I @ PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 1997 CITY OF MUSKEG0 1 ATTEST. w C k-Treasurer First Reading: 6/24/97 Deferred 718197, 7/22/97 811 3/97 Published on the 4'h day of September 1997 6/97 I. COMMON COUNCn. ClTY OF MUSKEGO ORDWANCE #Pi6 AN ORDlEiANCE TO XMEND CHAPIER 17 OF THE MUNICIPAL CODE OF THE ClW THE COMMON COUNCIL OF THE CLTY OF MUSKEGO. WAUKESHA COUNW, WISCONSIN ........ (B-P Bus DO ORDAIN AS Fnu.nwc. CONTINUED ON NEXT PAGE 3C spFi ............. ... + ................. 4""' .. ...................... ...................... ....................... 5. E- l. With& this district. the Plan Cornmiasion. in lollow,ng Ssc 6 I1 or this ordinance. shall not opprove building pla~., which do xot treat 811 exte- nor walls of dl1 structur& with acceptable maten- 81s that present an equally finished facade to all sides consistmg of brick, textured t1lt.u~ concrete panels or other mmilar malerials including decora- tive concrete bldck treatments. Color may be inte. gral to 'the material being utilqd. or sealed. Excluding window and door spaces, other palntedistamed and the material shall be properly extenor may comprise up to 30 90 of any one build. tng elevation wtb sheet metal treatments permit. ted ooiy as a roofing applicatmn. When conducting its review. the Plan Commiseon shall take into con- .Ideratian the total design of B structure as it relates tq the proposed location and the intent of the dlStriCt. &torage awaiting pickup, shall be confined to the 2. Necessary loading docks and endosea waste side or rear yard exposures and be especially well treated in terms of site placement and screening from street View. 3 Roof-top rnechnnicaln and roof-top or yard and wall mounted communication equipment shell be screened from public view as deemed sppropriate by the Plan Commission. , F. ed to the facility m question shall transmit any 1. Vibration. no operation or activity or. or relet. phpd vibration that is above the vibration per- reptm threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the mmimum ground OIB~NCLY~~ vibration motion necessary to cause a normal per- son to be aware of the wbration by such direct means as, but not Inmited to, sensation by touch or visual observallon of moving objects. desngned bo BE not to produce any intense glare or 2. Lighting. All outdoor lighting must be hghbng with the murce directly visible beyond the boundary afthe subject facrlity. High pressure sodi- um vapor, down cast, cut off fixtures are required. No light sourceW or oblectivew pf illummntion shell create a glare. renectmn or radiance so ne to be determined a nuisance per Sectmn 10 of the City 01 Muskego Municipal Code. nor shall they he detectable. at or beyond a five foot high vertical plane along the property line of the source. at B value greater than .5 foot candles. substance or combbation of substames in such 3. Odor: No operation or activity shall emit my' quantities that create an objectiona5le odor as defined in Chapter NR 400-499. Wis. Adm. Code. ty shall emit into the.a,mbient bir from any direc- 4. Psniculate Emimons: No operation or activi. tion or portable sowee my matter that will sflect wsibility in excess of the lim>tations established in Chapter NR 415, Wis. Adm. Code. mto the ambient air from any direct or portable 5. Visible 'Emissions: No. operation shall emit source any'matter that wlll uffeect'vmbility io exce680Cthe 1imltatlon.estsbllrhed in Chapter NR 431, Wis. Adm. Cdde. ty shall emit any henardous'substaneer in such a 6. Hazardous Pollutants: No operation or activl. quantity, concenLration or duration as to be in~uti- of hazardous substances shall not exceed the limi- ou6 to human health or property. and all emissions tations esrabliahed in Chapter NR 445, Wis. Adm Code. - from operatione based, nontransient nom shall be detectsble'at or beyond the property line of the BOVlLe 10 B level greater,thon 65 dBA bet\veen-the hours of 7:OO a.m. to G:OO p.m.. and to a level greater than 55 dBA between the hours of G:Ol p.m. to 659 o.m. 8. The storage or use of chemicals either solid. liquid or gas. shall be m cornpilance with all feder- al. state and local regulations and snbject to the fol- lowing condxtions: a. The storage. utilization or manufacrum,g of materials or prodiets ranging from incombustible to moderate burning 18 permilted. materials or products ranging from free to active b.~The storage. utilization or manufaetutingbf burning is permilted provided that said malerials 07 products shall hi stored. ulilized or manufac- tured within camplercly enclosed buildings having incombustible eiterior walls and protected throughout by an automatic fiie extinguishing tern which produce explosive vapors or gases is prohlb. c. The manufacluring~of flammable malerials ited. G. 2. Minimum Lot Width = 250 R. 3. Minimum Sel Back = Merid and Collector Local Sheet - '75 (no parking in first 25 feet) 4. Mimmum Offsets i (1.riple for those side and rear yard areas adjacent to residential uses unless a landscape buffer of equal or peak depth to the increased side or rear yard offsets is provided I 7. Noise. No continuous or intermittent noise ~ 1. Lto sq. n. min. Streets .75 R ino parking in setback areal- Sides 120 R. Rear - 25 fl. 5. Floor Area Ratio = 40% maxtrnum 7. Heights Principle. 30 R. (35 feet ifserved by 5. Open Space = 30% min landscaped areas mimicipal water and no residential unite1 by municipal water and no residential units1 (Oftrce: 40 n: no more lhan three stories ifaelved no case shall rhe height exceed 30 feel. Accessory - Per Plan Commission ieview but xn The several sections of this ordr- nsnce are declared to be severable. If any geetion or portion lhereal shall be declared by a decision of a court of competentjurisdlction to be invalid, unlaw- ful. or unenforceable. such declaim shall apply only LO the specific section or portion thereof directly sFified in the decidowy4not afkt the validity of all.othor - - provirioria. &*50&';pEiun>&+o( I .&a: j 1 i of the ordinance-which ahd remmimin full force and effect. Any other ordinance whose terms am in wlth the provisions of this ordinake are hereby repealed 86 lo those terms lhat conflict. -This ordinance shall be in full force and effect from nnd aRer its passage and publica- tion AUGUST. 1997. PASSED AND APPROVED THIS 26TH DAY OF David L. De Angelis, Mayor CITY OF MUSKEG0 ATTEST Clerk-Treasurer COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #936 / AN ORDINANCE TO AMEND CHAPTER 17 TO CREATE SECTION 8.145 (B-P Business Park District) of the Municipal Code of the City of hereby amended to create Section 8.145 to 8.145 provide space where diverse high quality office uses may be mixed with light manufacturing uses. All these uses shall be required to adhere to high district-wide appearance, maintaining highly landscaped parcels free standards of building architecture and grounds of outside storage or display. All production activities and process shall be confied within the primary building. This district shall be applied to areas no smaller than 650,000 square feet. B. Permitted Uses bv Riaht: The following subject to approval by the Plan Commission of building, site and operational plans. (See Sec. 2.8). 1. Office whether for single or multiple tenant use, including business, professional, and governmental occupancy as well as for medical and dental clinics. 2. Single or multiple tenant, non-smoke stack facilities for light manufacturing, assembly and warehousing of related materials, excluding fabrication including indoor storage and activities such as heavy machining and stamping, where such activity is a primary function of the dropforging, hazardous and medical waste disposal facility, and plating. C. Permitted Accessorv Uses: The following subject to approval by the Plan Commission of building, site, and operational plans. (See Sec. 6.11). 1. Any accessory uses customarily associated with outside storage or display. the permitted use, but excluding those involving Ordinance #936 Page 2 D. Permitted Uses bv Conditional Grant 1. The following uses may be permitted by way of Conditional Use Grant as approved by the Plan Commission: none. E. Buildina Design 1. Within this district, the Plan Commission, in following Sec. 6.11 of this ordinance, shall not approve building plans which do not treat all exterior walls of all structures with acceptable materials that present an equally finished facade tilt-up concrete panels or other similar to all sides consisting of brick, textured materials excluding concrete block treatments. Color must be integral to the material being utilized. Excluding window and door spaces, other exterior treatments, including decorative concrete block, may comprise up to 30 % of any one building elevation with sheet metal treatments permitted only as a roofing application. 2. Necessary loading docks and enclosed waste storage awaiting pickup, shall be confined to the side or rear yard exposures and be especially well treated in terms of site placement and screening from street view. 3. Roof-top mechanicals and roof-top or yard and wall mounted communication equipment shall be screened from public view as deemed appropriate by the Plan Commission. 4. City of Muskego Design Manual, or the Building and site design shall conform to the Business Park Design Guide which shall take precedent upon adoption by the Plan Commission. F. Performance Standards 1. Vibration: no operation or activity of, or related to the facility in question shall vibration perception threshold of an individual transmit any physical vibration that is above the Vibration perception threshold means the minimum at or beyond the property line of the source. ground or structure vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. 2. Lighting: All outdoor lighting must be Ordinance #936 Page 3 3 4 5. 6 G. Site 1. 2. 3. 4. 5. 6. designed so as not to produce any intense glare beyond the boundary of the subject facility. or lighting with the source directly visible High pressure sodium vapor, down cast, cut off fixtures required. Odor: No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Chapter NR 154.18, Wis. Adm. Code. Particulate Emissions: No operation or activity shall emit into the ambient air from any will affect visibility in excess of the direction or portable source any matter that limitations established in Chapter NR 154.11, Wis. Adm. Code. Visible Emissions: No operation shall emit into the ambient air from any direct or portable source any matter that will affect visibility in NR 154.11(6), Wis. Adm. Code. excess of the limitations established in Chapter Hazardous Pollutants: No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Chapter NR 154.19, Wis. Adm. Code. Reaulations Lot Size = 80,000 sq. ft. min. Minimum Lot Width = 250 ft. Minimum Set Back = Arterial and Collector Streets - 75 ft. Local Street - 50 ft. Minimum Offsets = (triple for those side and rear yard areas adjacent to residential uses unless a landscape buffer of equal or greater depth to the increased side or rear yard offsets is provided.) Sides - 20 ft. Rear - 25 ft. Floor Area Ratio = 40% max Open Space = 30% min landscaped areas Ordinance #936 4 Page SECT I. Height = Principle - 30 ft. Accessary - 30 ft. 'ION 2: The several sections 0 *\ .. '. (office 40 ft; no more than three stories if served by municipal water. ) is ordinance are declare f th- d to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to invalid, unlawful, or unenforceable, such decision shall apply be 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 , 1991. CITY OF MUSKEG0 David L. De Angelis, Mayor First reading: 6/24/91 Deferred 1/8/97 Deferred 1/22/91, 8/13/97 ATTEST : Clerk-Treasurer 6/91 jmb Published on the __ day of , 1997.