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ORD20001043COMMON COUNCIL -CITY OF MUSKEGO ORDINANCE #I043 AN ORDINANCE TO AMEND CHAPTER 18, SECTION 18.23 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Existing Substandard Lots) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 18, Section 18.23 of the Municipal Code of the City of Muskego, Wisconsin, is hereby amended to read as follows: 18.23 EXISTING SUBSTANDARD LOTS (1) CONVEYANCE RESTRICTED If a lot of record does not conform to the zoning regulations of the City and adjoins along a side lot line properly held in the same ownership, no such lot shall be conveyed to another owner nor shall a building permit be issued for a structure on such a lot except in conformity with the following: (a) Petition for Determination. The owner of such substandard lot may, at any time prior to the proposed conveyance of such lot or request for building permit, petition the City for determination as to the status of such lot. (To be repealed on 12/31/2002) (b) Referral to Plan Commission. Such petition shall be referred to the Plan Commission for study to determine the practical possibility of a redivision of ownership to provide lots which will conform to the City zoning regulations. (To be repealed on 12/31/2002). (c) Time Limit. The Plan Commission shall make its recommendation to the Common Council within 40 days of the date the petition was received and the Council shall act within 20 days to give the petitioner a determination. (To be repealed on 12/31/2002). (d) Criteria. The Plan Commission in making its recommendation and the Common Council in making its determination shall give consideration, among others, to the following factors: (To be repealed on 12/31/ 2002). 1 Compatibility. The size, quality and character of existing lots and building development in the immediate area with a view to maintaining compatibility and protecting existing values. (To be repealed on 12/31/2002). 2. Sewage Disposal. Where public sewer is not available, the lot size necessary to insure safe sewage disposal. (To be repealed on 12/31/2002). 3. Practicability. The economic and engineering practicability of any possible re-division. (To be repealed on 12/31/2002). Ordinance #lo43 2 4. Hardship. The degree of practical hardship which may be imposed upon the owner (To be repealed on 12/31/2002). (e) Method of Redivision. Such redivision may be accomplished as is most appropriate by: (To be repealed on 12/31/2002). 1 Vacation and replatting of all or a part of a recorded plat. 2. Combining of lots or parts of lots. 3. Redefining of lot lines by a plat of "other divisions" as provided by Section. 18.33. (f) Notification Procedure. The Plan Commission in making its determination shall first give notice to all property owners within 100' of the perimeter of the subject property that such a request has been submitted for consideration. (To be repealed on 12/31/2002). DETERMINATION OF OWNERSHIP For the purpose of this section, lots and property shall be considered in the same ownership when owned by: the same individual or corporation; an individual and another in joint tenancy, or as tenants in common and either of the joint or common tenants own other lots individually or as joint tenant in common with another; an individual and other lots are owned by hislher spouse and when any of such lots are owned by an individual and other lots are owned by a corporation in which such individual is an officer or director or controlling stockholder PRIOR APPROVALS Where the owner of such substandard lot has been granted "legal lot status'' under the provisions of this section prior to December 31, 2002, such approval shall be deemed valid. All lots granted such status shall be classified as conforming for the purpose of conveyance and permitting as described in Section 18.23 (l), and shall not be subject to the conveyance and building permit restrictions of this Section. COMBINATION OF NONCONFORMING LOTS. Prior to issuance of building permits for any nonconforming lot held in single ownership, the owner of such nonconforming lot shall first submit for approval a certified survey map in the manner provided in this chapter (To be repealed 12/31/2002). 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 10th DAY OF October ,2000 Ordinance #lo43 2 4. Hardship. The degree of practical hardship which may be imposed upon the owner (To be repealed on 12/31/2002). (a) Method of Redivision. Such redivision may be accomplished as is most appropriate by: (To be repealed on 12/31/2002). 1 Vacation and replatting of all or a part of a recorded plat. 2. Combining of lots or parts of lots. 3. Redefining of lot lines by a plat of "other divisions" as provided by Section. 18.33. (a) Notification Procedure. The Plan Commission in making its determination shall first give notice to all property owners within 100' of the perimeter of the subject property that such a request has been submitted for consideration. (To be repealed on 12/31/2002). DETERMINATION OF OWNERSHIP For the purpose of this section, lots and property shall be considered in the same ownership when owned by: the same individual or corporation; an individual and another in joint tenancy, or as tenants in common and either of the joint or common tenants own other lots individually or as joint tenant in common with another; an individual and other lots are owned by hislher spouse and when any of such lots are owned by an individual and other lots are owned by a corporation in which such individual is an officer or director or controlling stockholder PRIOR APPROVALS Where the owner of such substandard lot has been granted "legal lot status" under the provisions of this section prior to December 31, 2002, such approval shall be deemed valid. All lots granted such status shall be classified as conforming for the purpose of conveyance and permitting as described in Section 18.23 (l), and shall not be subject to the conveyance and building permit restrictions of this Section. COMBINATION OF NONCONFORMING LOTS. Prior to issuance of building permits for first submit for approval a certified survey map in the manner provided in this chapter (TO any nonconforming lot held in single ownership, the owner of such nonconforming lot shall be repealed 12/31 12002). 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 10th DAY OF October ,2000 Ordinance #lo43 3 rn DAVID . DE ANGELIS, Mayor ATTEST. k?A First Reading: 9/26/00 Published this 19th day of October, 2000 I- STATE OF WISCONSIN) Milwaukee County ) OfficiqI.,Notice .. ) ss. ... Suzanne Sobczyk being duly sworn, doth depose and say that she is an authorized representative of The MUSKEG0 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 ..... .................................. ...... LhM? .... 17 ............ ................................................. .............................................. (Signed).., .... .... BO Subscribed and sworn to me before this. ./..?61,, ... .day of. ................... Qdh. '.> 20m.. ....... fic&%hn.... -qy&. Notary Public, Milwaukee County MY Commission expires. .. Y? 3-6.2.. ......