ORD20001016AMENDED
ORDINANCE #lo16
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAPTER 18, SECTION 18.42(4),
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Lot Area and Dimensions - OLS and OED Zoning Districts)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18, Section 18.42(4) of the Municipal Code of the City of
Muskego, Wisconsin, is hereby amended to read as follows:
(4) AREA AND DIMENSIONS. Area and dimensions of all lots shall conform to
the requirements of the City Zoning Code or zoning ordinance of the jurisdiction where
the land division occurs, except where land divisions within the OLS Lakeshore
Overlay District or OED Existing Development Overlay District, which are proposed
after March 1, 2000 shall conform to the area and dimension requirements of the
underlying zoning district. The Common Council determines these provisions are
necessary to preserve the public health, safety, and morals because:
(a) The area and dimension bonuses provided for the OLS and OED zoning
districts were intended to accommodate the nature of existing developments, the majority of
which pre-date the establishment of zoning codes. The area and dimension bonuses
provided by these overlay districts are not intended to perpetuate high density development
opportunities.
(b) The provisions of the OLS Lakeshore Overlay District and OED Existing
Development Overlay District would otherwise permit high density development
opportunities which are in conflict with the adopted Comprehensive Plans, which call for
residential densities not to exceed 2.9 dwelling units per acre on 15,000 square foot lots.
The allowance for 10,000 square foot lots in the OLS overlay district and 11,250 square
foot lots in the OED overlay district have the effect of raising permitted densities to
unacceptable levels.
In addition to the area and dimension requirements above, those building sites
not served by a public sanitary sewer system or other approved systems shall be
sufficient to permit the use of an on-site soil absorption sewage disposal system
designed in accordance with COMM 83, Wis. Adm. Code, and administered by
Waukesha County In no case shall the width and area of lots located on soils suitable
for the use of an on-site soil absorption sewage system be less than 150 in width and
40,000 square feet in area."
Ordinance #lo16 2
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 portions thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms are in conflict
with 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 22ND DAY OF FEBRUARY ,2000.
ATTEST, First Reading: 2/8/2000
/<. ?nmA Published this 2ND day of CI&r -Treasurer March , 2000.
2/2000jmb
i-
Suzanne Sobczyk being dul), sworn, doth depose and
say that she is an authorized representative of The
MUSKEG0 SUN, a newspaper
published at MTJSKEGO,
Wisconsin ar:J that art advertisement of which the annexed
is a true copy, taken hm tic sbid pbps~-~ was published
therein on
to me before this. 3, .d.day
20m.