ORD20011075COMMON COUNCIL- CITY OF MUSKEGO
ORDINANCE #I075 a AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 5.04(4) and 9.04(4), OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Floor Area Ratio Calculations in OLS District)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17, Section 5.04(4) of the Municipal Code of the City of
Muskego, Wisconsin is hereby amended to read as follows:
5.04 BUILDING SIZE
(4) Exceptions:
1 The Board of Appeals may grant an exception to permit a building of less than
the required minimum floor area where such grant would not be contrary to the
spirit or intent of the ordinance, and provided the proposed building would be
compatible in character and quality to the general neighborhood, and would not
depreciate the property values of the surrounding area, and provided further that
in no case shall a reduction greater than 25% be permitted.
2. Properties within the OLS Lakeshore Overlay District are exempt from maximum
F.A.R. requirements. a
SECTION 2: Chapter 17, Section 9.04(4) of the Municipal Code of the City of
Muskego, Wisconsin is hereby amended to read as follows:
BASIC REGULATIONS
(4) Building Size
Minimum Residential I Floor I Floor Area(1n Sq. FI) I I
Area
Ratio
Single Famlly Multi
per DIU
1st I Tolal
Same as in underlying district
SECTION 3: 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
Ord. #I 075
shall remain in full force and effect. Any other Ordinance whose terms are in conflict
with the provisions of this Ordinance is hereby repealed as to those terms that conflict
0 SECTION 4: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 24Ih DAY OF JULY ,2001
ATTEST
First Reading: 712412001
Published on the 2ND day of
August. 2001
7/0ljmb
PROPOSED AMENDMENTS TO CHAPTER 17 PERTAINING TO 0 FLOOR AREA RATIO CALCULATIONS IN OLS DISTRICTS - JULY 2001
I
5.04 BUILDING SIZE
(I) Minimum Required: Any building intended in whole or part for residential purposes
shall provide a minimum floor area as hereinafter specified by the regulations for the
district in which such building is located.
A. The minimum required floor area is stated in terms of minimum total usable
residential floor area per family in a single floor building.
B. In the case of any residential building in a single family detached district, which has
more than a single floor level, the total of all livable floor area which is not over
any other livable floor shall be called the Principal Floor Area may be reduced 1.5
square feet for every foot added to the minimum required total floor area.
C. In the case of any building designed for 2 or less dwelling units and not having a
basement of at least 300 square feet in area, the minimum required floor area shall
be increased by 200 square feet.
D. In any case where the Principal Floor Area is less than 1000 square feet, an
attached garage, breezeway, porch or other enclosed area shall be required so that
the total ground area is in no case less than 1000 square feet. (Rep. & Recr. 209)
(2) Maximum Permitted (F.A.R.): The maximum total floor area of the buildings on a
lot shall not exceed that permitted under the floor area ratio (F.A.R.) as hereinafter
specified by the regulations for the district in which such building is located.
(3) How Measured: Floor area shall be measured at each level from outside of wall to
outside of wall, but for the purpose of determining minimum required floor area shall not
include any area having an average height of less than 7 feet basements, attached garages,
open porches, attics or storage areas. Basements and attic areas shall not be included in
determining permitted F.A.R. For the purposes of minimum and maximum floor area
regulations, in the case of floor levels built into a hillside, the floor area subject to
regulations shall be the area extending back in depth one-half the length of the exposed
wall at grade.
(4) Exceptions: I
- 1. The Board of Appeals may grant an exception to permit a building of less than the 1
required minimum floor area where such grant would not be contrary to the spirit
or intent of the ordinance, and provided the proposed building would be
compatible in character and quality to the general neighborhood, and would not
depreciate the property values of the surrounding area, and provided further that
in no case shall a reduction greater than 25% be permitted. I
0
This district is intended to apply to lakeshore properties the specialized regulations
appropriate of their unique character; with particular recognition of the disproportionately
high land value of lake frontage, the problems of over intensive exploitation of such
frontage resulting from excessive demand, the extreme vulnerability of lakeshore
properties to nuisance and to adverse effect on property value, and the problems of
pollution and public safety resulting from over use. The regulations of this district apply
without specific mapping. (See Section 3.04 (4) C)
BASIC REGULATIONS (See Section 5 for general enabling and qualifying language.)
Min. Lot Max. Ht Max. Ht Min. Floor Min. Min. Min. All One Min. Lot Area Min.
Area Accessory principal open Area floor floor floor other Side Set Per DIU Avg.
offset 1st
rnulti
DRI floor
per total Width
Lot structure structure space Ratio area area area side offset Back
per res
DIU
tl * ** ** 25 ** ** I - ** exex
* Same as in underlying district.
** 213 that required in underlying district.
*** Lake shore lots: See (7)E.
A. PERMITTED USES BY RIGHT
1, Any use as permitted by right in the underlying basic district.
2. Public outdoor recreational facilities subject to approval by the Plan
Commission of building, site and operational plans. (See Section 6.06)
B. PERMITTED ACCESSORY USES
1 Any accessory use as permitted in the underlying basic district.
2. Any other use normally incident or accessory to the permitted overlay use
subject to approval by the Plan Commission of building, site and operational
plans.
C. PERMITTED USES BY CONDITIONAL GRANT
1, Any conditional use permitted in the underlying basic district.
2. Boating and yacht clubs, marinas and launching sites.
3. Private commercial and private non-commercial group outdoor recreational
4. Lake resorts and individual cabins or cottages for rental on a limited seasonal
5. Boat liveries.
facilities.
basis and not for year round occupancy.
D. SWGLE USE
1, No lot in this district shall by deed, covenant, easement or other device or
agreement hereafter provide for the permitted uses or accession or incidental
uses thereto, or for right of access, by other than the owner or legally resident
occupant of the premises and invited guests, except in the case of a public park
or way, public utility easement, patrons of a permitted commercial use, or of a
permitted organizational use.
E. LAKE SHORE OFFSET
1, No building shall be permitted closer than 50 feet to the shore line of a lake
shore lot except that no offset shall be required for piers, boat ramps, terraces
or similar use areas and a boat house not in excess of 10 feet in height above
the lowest existing grade may be permitted to within 5 feet of the shore line.
(Ord. #432 - 9/28/82)
c
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
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Subscribed and sworn to me before this. &&.. , .day
Of. ........... ........ ...) 200! ..
..O.cuaxL;.o,R.
Notary Public, Milwaukee
My Commission expires. 'f-.! 3. -0.3. . , . , .
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