ORD1998966AMENDED
ORDINANCE #966
~
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02(8), 5.03(1), AND 6.12
OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Building Height and Time Restrictions for Plan Commission)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 17, Section 2.02(8) is hereby amended to read as follows:
(8) Building, Height of: (A) The vertical distance for one and two family primary
structures and for all commercial and industrial structures is measured from the
average finished grade at the front building line (front of building) to the highest point
of: (a) the coping of a flat roof, (b) to the deck line of a false mansard roof, or (c) to the
mid point of the highest gable of a traditional mansard, gambrel, hip or pitch roof. Mid
point is determined by drawing a horizontal (zero degrees) line between the points
where the walls intersect the roof deck or an average thereof. Then draw a vertical (90
degrees) line from the horizontal line to the highest point of the gable. The mid point of
this vertical line shall be the height of a gable roof for the purposes of this ordinance.
(6) The height of any other structure types shall be defined as the total height of the
structure measured with a vertical line from the average finished grade at the front line
of the structure to the highest point of the structure.
SECTION 2: Chapter 17, Section 6.12 (Minimum Review Fees - Plan Commission) is
hereby renumbered and referenced as Section 6.13.
SECTION 3: Chapter 17, Section 6. 12 is hereby created to read as follows:
6.12 TIME RESTRICTIONS FOR PLAN COMMISSION APPROVALS - Plan
Commission approvals granted for building, site and operation plans, signs, second
garage structures, temporary structures and sketch land divisions in which the
petitioner has not commenced construction activity or preparation of the land, or has
not submitted a Certified Survey Map or Preliminary Plat within the past 24 months of
the date of approval, said approval will expire and reapplication will be required. A
reapplication shall be limited solely to reasonable compliance with current design,
locational, and operational requirements. A reapplication shall not involve the basic
permissibility of the use where such use is permitted by right at the time of
reapplication. The Plan Commission may grant one six month extension if requested
30 days prior to the pending expiration date provided that the applicant demonstrates a
valid cause. This section shall be in force and effect for all applications filed after the
date of adoption and publication of Ord. #966.
Ord. #966
SECTION 4: The several sections of this ordinance are declarei 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 6: This ordinance is in full force and effect from and after passage and
publication.
.
Page 2
c
PASSED AND APPROVED THIS 1 lth DAY OF Auaust , 1998.
CITY OF MUSKEG0 4
ATTEST. First Reading: 07/28/98
Published on the 20th day of August, 1998
7198jmb
-.
STATE OF WISCONSIN )
Milwaukee County )
) ss. *
Off icia!=kke
COMMON COLINCIL . CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAFTER ORDLWANCE #SO
17. SECTIONS 2.DZf8). S.OSlI), AND 6.12 OF THE MUNICIPAL CODE OF TEE CITY
OF MUSKEGO
(Building Beiebt and Time Restrictions
THE COMMON COUNCIL OF THE CITY OF lor Plan Commisnion)
MUSKEGO, WISCONSIN, DO ORDAIN AS FOL-
AMENDED
mws. " S!ZlQKL Chapter 17, Section 2.02i8) is here.
by amended to read as follows:
(8) Building, Height OC (A) The vertical distance
for one and two family pnmary structures and for
all commercial and mdustrial structures is mea.
awed from the average finished grade at the fmnt
building line (fmnt ofbuilding) to the higbest point
of. (a) the coping ofa flat roof, ib) to the deck line of
a false mansard mof. or IC) lo the mid point of the
highest gable of a traditional mansard. gambrel,
hip or pilch roof. Mid point is determined by draw-
ing a horizontal (zero degrees) line between the
average thereof. Then draw a vertical (90 degrees)
points where the walls intersect the roof deck or an
line from the horizontal line lo the highest point of
the gable. The mid paint of this vertical Line shall
be the height of a gable roof for the purposes ofthis
ordinance. (B) The height of any other shucturs
types shall be defmned as the total height of the
structure measured with a vertical line from the - average hished grade at the fmnt line afthe 81~~-
lure to the highest point of the structure.
Review Fees - Plan Commission) is hereby renum-
SECTION2: Chapter 17. Section 6.12 [Minimum
bered and refereneed BS Section 6 13.
-Chapter 17, Section 6 12 is hereby
I.
created to read a3 foilows:
MISSION APPROVALS . Plan Cornmiasinn
6.12 TIM6 RESTRlCTlONS FOR PLAN COM-
appmvals granted for buildmg. site and operation
plans. signs, second garage ~trn~~t~res. temparary
petitioner has not commenced construction activity
stmct~re~ and sketch land divisions in which the
or preparetian ofthe land, or has not submitted a
Certsed Survey Map or Prelimroary Plat within
the past 24 months of the date of approval, said
approval will expire and reapplication will be
required. A reapplication shall'be limited solely to
reasonable compliance with current design. loca-
tional, and operational requirements. A reapplica-
tion shall not invalve the basic permjssibility of the
use where such use i6 permitted by %ht at the
grant am six month extension ifrequested 30 days
time of reapplication. The Plan Commission may
prior to the pending expratlan date provided that
tion shall be in iarce and effect for ail applications
the applicant demonstrates a valid cause. This sec-
rded after the date of adoption and publication of
Ord. x966.
~~ The several sections of this ordi-
nance are declared to be severable. Ifany sectmn or
portion thereof shall be declared by a decision of a
courtofcampetentjurisdlction to be invalid, unlaw-
ful, or unenforceable. such decision shall apply only
to the specific section or portion thereof directly
01 all other prnvisians, sections. or portion thereof
specified in the decision. and not affect the validity
of the ordinance which shall remain in full force
conflict with the provisions of this ordinance are
and elTect. Any other ordmance whose terms are in
hereby repealed as ta those terms that conflict. SECTLON & This ordinance is in full%force and
~ ~~ ~. ~ """
eKeet from and after passage and publication.
Aueust. 1998
PASSED AND APPROVED THIS 11th DAY OF
Suzanne Sobczyk being duly sworn, doth
depose and say that she is an authorized representative of The
MUSKEGO SUN,
a newspaper published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from the said paper, was published therein on
........ ... .......
.2Q.. .........
LJ ...... ...
......... ............
(Signed). .......... m.. ... .......
KEEPER
Subscribed and~sworn to me before this.. do.&. ....... day
of.. ......... .A .. uAL.*.+:. ...... ,. ........ ., 19.98 .......
...A i ' dL.4.:..W4& ..... .............. q$ Public, Milw~~@&y.hsconsin
My Commlssron expires .......... m.. ................
David L. DeAngelia. Mayor
Published on the 20th day ofAugust. 1998
ATCEST First Reading: 07fZW98
Clerk-Treasurer
~~ ~
Proposed Amendment
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #966
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02(8), 5.03(1), AND 6.12
OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Building Height and Time Restrictions for Plan Commission)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSM, DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 17, Section 2.02(8) is hereby amended to read as follows:
(8) Building, Height of CAf The vertical distance for one and two family primary structures
.. p, for all residential secondary structures and for all
commercial and industrial structures where proper fire access is providd-
dis&mee is measured from the average fished grade at the front building line (front of
building) to the highest point oE (a) the coping of a flat roof, (b) to the deck line of a mansard
roof, or (e) to the mid point of the highest gable of a gambrel, hip or pitch roof. Mid point is
determined by drawing a horizontal (zero degrees) line between the points where the walls
intersect the roof deck or an average thereof. Them draw a vertical (90 degrees) line from the
horizontal line to the highest point of the gable. The mid point of hs vertical line shall be the
height of a gable roof for the purposes of this ordinance.
SECTION 2. Chapter 17, Section 5.03(1) is hereby amended to read as follows:
(1) Maximum Height Restricted: In any district, no building or structure shall be hereafter
erected or structurally altered to a height in excess of that hereinafter specified by the
regulations for that district. See Chapter 32 Fire Code for applicable access requirements.
SECTION 3. Chapter 17, Section 6.12 @himum Review Fees - Plan Commission) is hereby
renumbered and referenced as Section 6.13.
SECTION 4: Chapter 17, Section 6. 12 is hereby created to read as follows:
6.12 TIME RESTRICTIONS FOR PLAN COMMISSION APPROVALS - Plan Commission approvals
granted for building, site and operation plans, signs, second garage structures, temporary structures and
sketch land divisions in which the petitioner has not commenced construction activity or preparation of the
land, or has not submitted a Certified Survey Map or Preliminary Plat within the past 24 months of the date
of approval, said approval will expire and reapplication will be required. A reapplication shall be limited
solely to reasonable compliance with current design, locational, and operational requirements. A
reapplication shall not involve the basic permissibility of the use where such use is permitted by right at the
Ord. #966
time of reapplication. The Plan Commission may grant one six month extension if requested 30 days prior
to the pending expiration date provided that the applicant demonstrates a valid cause.
SECTION 5: 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, unlawhl, 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 6: This ordinance is in full force and effect from and after passage and publication
PASSED AND APPROVED THIS DAY OF , 1998
CITY OF MUSKEG0
0 ATTEST
Clerk-Treasurer
7/98jmb
David L. De Angelis, Mayor
First Reading: 07/28/98
Published on the day of
COMMON COUNCIL - ClTY OF MUSKEGO
ORDINANCE #966
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 2.02(8), 5.03(1), AND 6.12
OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Building Height and Time Restrictions for Plan Commission)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 17, Section 2.02(8) is hereby amended to read as follows:
(8) Building, Height of (A) For one and two family primary structures where public or private
roads built to City standards are provided, where the maximum setback from the edge of hard
surface is no more than fifty (50) feet, and where a community or municipal water system is
available, for all residential secondary structures and for all commercial and industrial
structures where proper fire access is provided, the average vertical distance from the finished
grade at the front building line (front of building) to the highest point of the coping of a flat
rwf, to the deck line of a mansard roof, or to the mid point of the highest gable of a gambrel,
hip or pitch roof. Mid point is determined by drawing a horizontal (zero degrees) line between
the points where the walls intersect the roof deck or an average thereof. Then draw a vertical
(90 degrees) line from the horizontal line to the highest point of the gable. The mid point of
this vertical line shall be the height of a gable rwf for the purposes of tlus ordinance. (B) The
height of any other structure types, or those not having proper fire street access, the building
height shall be defined as the total height of the structure measured with a vertical line from
the average finished grade at the front line of the structure to the highest point of the structure.
SECTION 2. Chapter 17, Section 5.03(1) is hereby amended to read as follows:
(1) Maximum Height Restricted: In any district, no building or structure shall be hereafter
erected or structurally altered to a height in excess of that hereinafter specified by the
regulations for that district. See Chapter 32 Fire Code for applicable access requirements.
SECTION 3. Chapter 17, Section 6.12 @himum Review Fees - Plan Commission) is hereby
renumbered and referenced as Section 6.13.
SECTION 4: Chapter 17, Section 6. 12 is hereby created to read as follows:
6.12 TIME RESTRICTIONS FOR PLAN COMMISSION APPROVALS - Plan Commission approvals
granted for building, site and operation plans, signs, second garage structures, temporary structures and
sketch land divisions in which the petitioner has not commenced construction activity or preparation of the
land, or has not submitted a Certified Survey Map or Preliry Plat within the past 24 months of the date
of approval, said approval will expire and reapplication will be required A reapplication shall be limited
solely to reasonable compliance with current design, locational, and operational requirements. A
reapplication shall not involve the basic permissibility of the use where such use is permitted by right at the
time of reapplication. The Plan Commission may grant one six month extension if requested 30 days prior
to the pending expiration date provided that the applicant demonstrates a valid cause.
Ord. #966
SECTION 5: 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 6: This ordinance is in full force and effect from and after passage and publication.
PASSED AND APPROVED THIS DAY OF , 1998
CITY OF MUSKEG0
ATTEST.
-
Clerk-Treasurer
7/98jmb
David L. De Angelis, Mayor
First Reading: 07/28/98
Published on the day of