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
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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.