ORD200110820-
AMENDED
ORDINANCE #I082
COMMON COUNCIL - CITY OF MUSKEG0
AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEG0
PERTAINING TO ACCESSORY STRUCTURES
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1 Chapter 17, Sections 2.02,4.05(2), 4.05(3), 5.03, 8.01(6), 8.01(7) B. 1 2.,
and 3., 8.01(7) 6. 5. a. and c., 8.02(6), 8.03(6), 8.04(6), 8.05(6), 8.06(6), 8.07(6),
8.08(6). 8.09(6), 8.10(6), 8.19(7) B. 1 ., 8.20(7) B. 1 and 2., and 9.04(7) E., of the
Municipal Code of the City of Muskego, Wisconsin, is hereby amended and made a part
of the Municipal Code as adopted by Ordinance #1082. as amended.
SECTION 2: Chapter 17, of the Municipal Code of the City of Muskego, Wisconsin, is
hereby amended to create Sections 8.01(7) B. 13. and 9.04(7) B. 3., and made a part of
the Municipal Code as adopted by Ordinance #1082, as amended.
SECTION 3: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer and open to public inspection for not less than two weeks prior to the date of
this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of
the City.
SECTION 4: 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 conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 5: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS gTH DAY OF OCTOBER ,2001
ATEST.
c
David L. De Angelis, Mayor
First Reading: 9/25/2001
Published this fl day of
October , 2001
C@k Treasurer
SlOljmb
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I082
AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
PERTAINING TO ACCESSORY STRUCTURES
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION I, Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is amended to include
the following definitions in alphabetical order, and all other definitions of Section 17:2.02 are renumbered
accordingly.
Agriculture and Related Activities: The use of land for agricultural purposes, including farming, dairying,
grazing land, animal and poultry husbandry, greenhouses, nurseries, livestock and poultry confinement, and
including the necessary accessory uses for packing, treating, storing, and shipping of farm products. The use
of the word “farm” shall have the same meaning as the word “agriculture.”
Boat House: A detached accessory structwe located close to the ordinary high water mark and designed and
used principally for the storage of boats and accessory marine equipment normally used in the daily activities
of lakefront property and which typically includes a large overhead door for primary access on the side of the
structure facing the water.
Building, Height: The vertical distance from a point on grade to the highest point measured. The method of
calculating building height is found in Section 17:5.03(3).
Floor Area, Assessed: The measurement of a structure’s living area from outside wall to outside wall,
inclusive of closets, storage areas, and seasonal rooms, but excluding unfinished basements, unfinished
attics, and attached garages.
Shed, Private Garden: A structure equal to or less than 120 square feet in area, which is accessory to the
residential use of the property and used for incidental storage.
SECTION 2: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is amended to modify
the following definition, and all other definitions of Section I7:2.02 are renumbered accordingly.
(16) Garage, Attached: A public or private garage, the roof of which is connected to the principal building.
SECTION 3: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is amended to delete
the following definition, and all other definitions of Section 17:2.02 are renumbered accordingly.
a (8) Building, Height of: The vertical distance for one and two family primary structures, for all residential
secondary structures and for all commercial and industrial structures where proper fire access is provided is
Ord. #IO82 Page 2
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 mansard roof, or (c) 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 ofthe gable. The mid point of this vertical line shall be the
height of a gable roof for the purposes of this ordinance.
0
SECTION 4: Chapter 17, Section 4.05(2), of the Municipal Code of the City of Muskego relating to
Accessory Uses and Structures is amended to read as follows:
A. Attached Accessory Structures: In all districts, any permanent roofed structure serving an accessory
use if attached to the principal building shall be considered as part of such principal building for all
regulatory purposes. If such structure is a building and is not attached to the principal building it
shall conform to the building location, height, and open space requirements of the district in which
such building is located.
B. Detached Accessory Structures - Residential Districts: Detached accessory structures located on
parcels in a residence district where the principal use is present, except boat houses as regulated by
Section 17:9.04(B)(3), shall be permitted subject to the following:
1 Location: All accessory structures subject to this Section shall be located behind the base setback
line of all street yards. Where the keeping of domesticated animals, livestock, and poultry is
permitted by accessory use, structures occupied for said use shall be located a minimum of 50 feet
from all lotlines.
2. Area: Subject to the open space requirements of the zoning district, the total square footage of all
accessory structures subject to this Section are permitted as follows:
Square footage permitted by right:
assessed floor area of the principal structure.
The greater of 720 square feet, or 60% of the
Bonus square footage permitted for
additional side yard offsets
+IO square feet of floor area for each one foot of
side yard offset above the district minimum,
provided that no such bonus shall exceed 300
square feet.
Bonus Square footage permitted for large
parcels
+10 square feet of floor area for every 1,000
square feet of parcel size in excess of 40,000
square feet, provided that no such bonus shall
result in the total floor area of all accessory
structures to exceed two percent (2%) of the
total parcel area.
Ord. #lo82 Page 3
3. Height: The height of all accessory structures subject to this Section shall conform to the
following:
a. Private Garden Sheds
Minimum Side Yard Offset
9 feet 3 feet
Permined Height Above Grade
I5 feet IO feet
I3 feet 5 feet
I b. Private Garages and other accessory structures 1
Height permitted by right:
Height bonus permitted for large parcels
T
I
I5 feet
+I foot of height for every 5 feet of setback
above the district minimum, provided that no
such bonus result in a structure exceeding 20
feet in height as measured by I7:5.03 (3).
+I foot of height for every 10,000 square feet
of parcel in excess of 40,000 square feet,
provided that no such bonus shall result in an
accessory structure which exceeds the height
district.
permitted for principal structures in the zoning
4. Architectural Requirements: All accessory structures subject to this Section must conform to the
following additional requirements:
a) A minimum base floor consisting of either pressure treated lumber, asphalt flooring, sealed
concrete block, or concrete slab must he provided except such areas where domesticated
animals and livestock are to be quartered as permitted by this Ordinance.
b) The architectural materials, color, and style of accessory structures shall conform to the
materials, color, and style of the principal structure unless the property is subject to a
Design Guide duly adopted as a component of the Comprehensive Plan and the proposed
accessory structure is in conformance with the provisions of said Guide. Exceptions to this
requirement may be made by the Plan Commission where it is determined that the structure
meets one or more of the following:
i) The structure is screened from view,
ii) The principal structure is composed of materials, colors, or styles that are
inappropriate in their application to an accessory structure,
iii) The Plan Commission finds other circumstances to be present which would result
in undue harm to the property or its surroundings.
Ord. #lo82 Page 4
C. Detached Accessory Structures - Agricultural Districts: Detached accessory structures located on 0 parcels in the A - Agriculture District, where said parcels are equal or greater than 120,000 square feet
in area, are subject to the regulations of the district pursuant to Section 17:s. 19.
Detached accessory structures located on parcels in the A - Agriculture District which are located on
parcels less than 120,000 square feet in area and where the principal use is present shall be subject to the
provisions of 17:4.05(2)(8)( I -3), above.
Detached accessory structures located on parcels in the EA - Exclusive Agriculture District are subject
to the regulations of the district pursuant to Section 17:8.20.
D. Detached Accessory Structures -Business and Industrial Districts: Detached accessory structures
located on parcels in any “B” Business District or “I” Industrial District where the principal use is
present shall conform to the bulk requirements of the zoning district.
E. Outdoor Lighting: Outdoor lighting installations shall be permitted in the setback and offset areas but
not closer than 3 feet to an abutting property line and, where not specifically otherwise regulated, shall
not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or
illumination is cast upon the adjoining properties.
F, Fences. walls, and other architectural screening devices: Where anchored to supports embedded in the
ground shall be considered permanent structures and shall be subject to the following:
1. Any such structure not in excess of 6 feet in height, may be permitted anywhere on the lot consistent
with standards set forth in sub. (I) B of this Section, and in compliance with Section 5.02(2)E and
5.02(2)F
..
0 2. Any such structure in excess of 6 feet in height, may be permitted provided it conforms to the
height, offset, and setback requirements of the district in which it is located.
3. Any such structure, in excess of 6 feet in height may be permitted closer than the required offset
from an adjoining lot line with the written consent of the adjoining property ower and by approval
of the Plan Commission.
4. Retaining walls may be permitted anywhere on the lot provided however, that no individual wall
shall exceed 6 feet in height, and a terrace of at least 3 feet in width shall be provided between any
series of such walls and provided further that along a street frontage no such wall shall be closer
than 3 feet to the base setback line.
G. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains,
statuary, flag poles, etc., where subject to “permanent structure” classification shall be permitted in
setback and offset areas but not closer than 3 feet to an abutting property line other than a street line.
H. Game courts and parking areas shall be permitted in setback and offset areas but not closer than 5 feet
to any property line and shall be screened from the view of adjoining property by adequate landscape
or architectural screen or combination thereof.
I. Solar collectors shall be permitted as an accessory use and may be permitted in any district subject to
the regulations of the particular district.
Ord. #lo82 Page 5
a SECTION 5: Chapter 17, Section 4.05(3), of the Municipal Code of the City of Muskego relating to
Accessory Uses and Structures is amended to read as follows:
(3) Temporary Structures: Any temporary structure serving an accessory use shall be permitted anywhere
on the lot consistent with the standards as set out in sub. 4.05 (1) ofthis section and no building permit shall
be required provided, however, that where such structure does not comply with the setback requirements of
the district in which it is located the approval of the Plan Commission must first be obtained and where such
structure does not comply with the offset requirements the written approval of the abutting property owner
must first be submitted to the Plan Commission.
SECTION 6: Chapter 17, Section 5.03, of the Municipal Code of the City of Muskego relating to Height is
amended to read as follows:
5.03 HEIGHT
(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,
except as may be modified by Section 17:4,05(2)(B)(3)(c)
(2) Exceptions: The following shall be excepted from the height regulations of all districts:
A. Chimney and flues
B. Electric, telephone and telegraph and distribution facilities; fire siren towers, and emergency weather
sirens.
C. Subject to the approval of the Plan Commission: Cooling towers, elevator bulkheads, fire towers,
monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, masts,
aerials, and necessary mechanical appurtenances.
(3) How Measured: For one and two family principal structures and their accessory structures, and for all
commercial and industrial structures, height is measured from the average finished grade at the front building
line to the highest point of
A. the coping of a flat roof;
B. the deck line of a false mansard roof, or
C. the midpoint 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 perpendicular line from the horizontal line to the
highest point of the gable. The midpoint of the vertical line shall be the height of the gable roof for
the purposes of this ordinance.
(4) The height of any other structure shall be defined as the total height of the structure measured with a
vertical line from the average finished grade at the fronr line of the structure to the highest point of the
structure.
Ord. #IO82 Page 6
0 SECTION 7: Chapter 17, Section 8.01(6), of the Municipal Code of the City of Muskego relating to Basic
Regulations of the RCE Country Estate District is amended to read as follows:
Principal Accessow
structure I structure
35
* See Section 4.05(3)
SECTION 8: Chapter 17, Section 8.01 (7) B. l., 2. and 3. of the Municipal Code of the City of Muskego
relating to Permitted Accessory Uses in the RCE Country Estate District is amended to read as follows:
B. PERMITTED ACCESSORY USES
1, One (1) private garage subject to the provisions of Section 17:4.05 subject to the approval of the
Zoning Administrator and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time. No private garage in a residence district shall
be used for operation of any metal working, woodworking, masonry, carpentry, contracting or
repair business except as a permitted accessory use or home occupation. a 2. One (1) private garden shed subject to the provisions of Section 17:4.05 subject to the approval of the Zoning Administrator and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time.
3. Other accessory structures subject to the provisions of Section 17:4.05. and subject to approval of
the Plan Commission and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time. No accessory structure in a residential district
shall be used for the carrying on of any metal working, woodworking, masonry, carpentry,
contracting or repair business except as a permitted accessory use or home occupation.
SECTION 9: Chapter 17, Section 8.01(7) B. 5. a. and c. of the Municipal Code of the City of Muskego
relating to Home Occupations as Permitted Accessory Uses in the RCE Country Estate District is amended
to read as follows:
a. Such uses shall not occupy more than 20% of the Assessed Floor Area of the principal structure
in which it is located.
c. No such use shall be permitted which normally necessitates the coming of the customer or client
to the premises, or his presence on the premises while the service is being performed, or
otherwise generates pedestrian or vehicular traffic incompatible with the rural or residential
character of the neighborhood, except for teaching or tutoring academic subjects, or the studios
where dancing, music or other art instruction is offered to no more than two (2) pupils at one
time. e
Ord. #I082 Page 7
e SECTION 10: Chapter 17, Section 8.01 (7) B. (1 3), of the Municipal Code of the City of Muskego relating
to Permitted Accessory Uses in the RCE Country Estate District is created to read as follows:
13. Vehicular storage space for not more than one vehicle may be rented to persons not resident on
the lot, such space being defined as not more than 300 square feet, except that a maximum of two
rental spaces may be permitted where they are the only spaces provided on said lot.
SECTION 11. Chapter 17, Sections 8.02(6) and 8.03(6), ofthe Municipal Code of the City of Muskego
relating to Height of Accessory Structures in the R-1 Country Home District and R-2 Country Home District
are amended to read as follows:
(6) Height
Max. Permitted
Principal 1 Accessory
(In Feet)
t structure 1 structure
35
*See Section 4.05(3)
SECTION 12: Chapter 17, Sections 8.04(6) 8.05(6), 8.06(6), 8.07(6), 8.08(6), 8.09(6), and 8.10(6) ofthe
Munupal Code of the City of Muskego relating to Height of Accessory Structures in the R-3, RSE, RS-I,
RS-2, RS-3, RSA, and RSM Districts are amended to read as follows:
(6) Height
Max. Permitted
(In Feet)
Prlncipal I Accessory
structure
30
1 structure
* See Section 4.05(3)
Ord. #I082 Page 8
SECTION 13: Chapter 17, Section 8.19 (7) B. 1 of the Municipal Code of the City of Muskego relating to
Permitted Accessory Uses in the A - Agricultural District is amended to read as follows:
1 Any accessory use as permitted in the RCE District. (See Section 8.01 (7) B) Accessory
structures for the explicit purposes of “Agriculture and Agricultural Activities” as defined in
Section 2.02 of this Ordinance shall be exempt from the requirements outlined in Section
4.05(2)B.4.
SECTION 14: Chapter 17, Section 8.20 (7) B. 1 and 2. of the Municipal Code of the City of Muskego
relating to Permitted Accessory Uses in the EA - Exclusive Agricultural District is amended to read as
follows and the following sections are renumbered accordingly:
1 Any accessory use which is normal for agriculture purposes
2. Any accessory use as permitted in the RCE District. (See Section 8.01 (7) B). Accessory
structures for the explicit purposes of “Agriculture and Agricultural Activities” as defined in
Section 2.02 ofthis Ordinance shall be exempt from the requirements outlined in Section
4.05(2)B.4.
SECTION 15: Chapter 17, Section 9.04 (7) B. 3. of the Municipal Code of the City of Muskego relating to
Permitted Accessory Uses in the OLS - Lakeshore Overlay District is created to read as follows:
3. One (1) boat house in addition to the accessory uses permitted by the underlying district, and
subject to the approval of the Planning Director, or designee, upon payment of fees and receipt of
permits as required and amended from time to time, and subject to following:
a.) Location: minimum 20 feet from the ordinary high water mark and subject to the side
yard offset provisions of the underlying district as modified by the OLS overlay district
effective with new construction or relocations after November 15,2001
b.) Height: not greater than 15 feet above the lowest grade.
c.) Area: no greater than 525 square feet.
SECTION 16: Chapter 17, Section 9.04 (7) E. of the Municipal Code of the City of Muskego relating to
Lakeshore Offsets in the OLS - Lakeshore Overlay District is amended to read as follows:
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 as permitted by 17:9.04(7) B. 3.
Ord. #IO82 Page 9
0 SECTION 17: 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 18: This ordinance shall be in full force and effect from and after its passage and publication,
PASSED AND APPROVED THIS 9th DAY OF October , 200 I
CITY OF MUSKEG0 & ". -.
bavid-6; DeAngelis, Mayor
e ATTEST,
First Reading: 9/25/01
Cover Ordinance Published on the I 8lh day
of October, 2001
STATE OF WSCONSN)
Milwaukee County 1 1 ss
-
Off icimce
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE UlW2
AN ORDINANCE To AMEND
CODE OF THE CITY OF Mus~co
WRTAINING To ACCESSORY
AreNPED
17 OF THE
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 whch the annexed
is a true copy, taken from the said paper, was published
therein on
._
. , . . , . .
....... .....
....... ., ..............
(Signed). J.w2pm.
Subscribed and sworn to me before this. .l.g&, .day
Of. ............... OI. ..... ., 20.nr..
fi.-, 0. ......
Notary Public, Milwaukee
OCTOBER. ZOO1 CITY OF MUSKEGO
David L. DeAngelie. Mayor
ATPEST.
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I082
AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
PERTAINING TO ACCESSORY STRUCTURES
The Common Council of the City of Muskego, Waukesha Co ty, Wisconsin, do ordain
as follows: J
SECTION 1 Chapter 17, Sectio 8.01(6), 8.01(7) 6. 1 2.,
and 3.. 8.01(7) 6. 5. a. and c., 8. 8.06(6), 8.07(6),
8.08(6), 8.09(6), 8.1 0(6), 8.19(7) 6. 1 9.04(7) E., of the
Municipal Code of the City of Muskego, mended and made a part
of the Municipal Code as adopted by
SECTION 2: Chapter 17, of the Mun uskego, Wisconsin, is
hereby amended to create Sections 8.0 6. 3., and made a part of
the Municipal Code as adopted by Ordi
SECTION 3: A copy of sai file in the Office of the City Clerk-
Treasurer and open to public in eeks prior to the date of
this Ordinance and said 0 porated into the Municipal Code of
the City.
SECTION 4: The severa e any section or portion the rdinance are declared to be severable. If
red by a decision of a court of competent
jurisdiction to be unenforceable, such decision shall apply only to
the specific directly specified in the decision, and not affect the
or portion thereof of the ordinance which shall
other ordinance whose terms conflict with the
as to those terms that conflict.
effect from and after its passage and
publication.,'
PASSED AND APPROVED THIS __ DAY OF ,2001
CITY OF MUSKEGO
ATTEST
David L. De Angelis, Mayor
First Reading:
Published this -
, 21
"
L-"4 OJ-
Clerk Treasurer
9IOljmb
I
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #lo82
AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
PERTAINING TO ACCESSORY STRUCTURES
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DO I ORDAIN ASFOLLOWS:
SECTION I. Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is amended to include
the following definitions in alphabetical order, and all other definitions of Section 17:2.02 are renumbered
I accordingly.
Agriculture and Related Activities: The use of land for agricultural purposes, including farming, dairying,
grazing land, animal and poultry husbandry, greenhouses, nurseries, livestock and poultry confinement, and
including the necessary accessory uses for packing, treating, storing, and shipping of farm products. The use
of the word “farm” shall have the same meaning as the word “agriculture.”
Boat House: A detached accessory structure located close to the ordinary high water mark and designed and
used principally for the storage of boats and accessory marine equipment normally used in the daily activities
of lakefront property and which typically includes a large overhead door for primary access on the side of the ’ structure facing the water.
Building. Height: The vertical distance from a point on grade to the highest point measured. The method of
calculating building height is found in Section 17:5.03(3).
Floor Area, Assessed: The measurement of a structure’s living area from outside wall to outside wall,
inclusive of closets, storage areas, and seasonal rooms, but excluding unfinished basements, unfinished
attics, and attached garages.
Shed, Private Garden: A structure equal to or less than 120 square feet in area, which is accessory to the
residential use of the property and used for incidental storage.
SECTION 2: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is amended to modify
the following definition, and all other definitions of Section 17:2.02 are renumbered accordingly.
(16) Garage, Attached: A public or private garage, the roof of which is connected to the principal building.
SECTION 3: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is amended to delete
the following definition, and all other definitions of Section 17:2.02 are renumbered accordingly.
0
(8) Building, Height of: The vertical distance for one and two family primary structures, for all residential
secondary structures and for all commercial and industrial structures where proper fire access is provided is
measured from the average finished grade at the front building line (front of building) to the highest point of:
Ord. #lo82 Page 2
0 (a) the copin
of a gambrel
the points wl
-
f, [b) to th gofa flatroo, ~ , le deck line of a mansard roof, or (c) to the mid point of the highest gable
, hip or pitch roof. Mid point is determined by drawing a horizontal (zero degrees) line between
here 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.
SECTION 4: Chapter 17, Section 4.05(2), of the Municipal Code of the City of Muskego relating to
Accessory Uses and Structures is amended to read as follows:
A. Attached Accessow Structures: In all districts, any permanent roofed structure serving an accessory
use if attached to the principal building shall he considered as part of such principal building for all
regulatory purposes. If such structure is a building and is not attached to the principal building it
shall conform to the building location, height, and open space requirements of the district in which
such building is located.
B. Detached Accessow Structures - Residential Districts: Detached accessory structures located on
parcels in a residence district where the principal use is present, except boat houses as regulated by
Section 17:9.04(B)(3), shall be permitted subject to the following:
1. Location: All accessory structures subject to this Section shall be located behind the base setback
line of all street yards. Where the keeping of domesticated animals, livestock, and poultry is
permitted by accessory use, structures occupied for said use shall be located a minimum of 50 feet
from all lotlines. 0 2. Area: Subject to the open space requirements of the zoning district, the total square footage of all
accessory structures subject to this Section are permitted as follows:
Square footage permitted by right:
additional side yard offsets
parcels
The greater of 720 square feet, or 60% of the
assessed floor area of the principal structure.
+I 0 square feet of floor area for each one foot of
side yard offset above the district minimum,
provided that no such bonus shall exceed 300
square feet.
+IO square feet of floor area for every 1,000
square feet of parcel size in excess of 40,000
square feet, provided that no such bonus shall
result in the total floor area of all accessory
structures to exceed two percent (2%) ofthe
total parcel area.
Ord. #lo82 Page 3
0 3. Height: The height of all accessory structures subject to this Section shall conform to the
following:
a. Private Garden Sheds
Minimum Side Yard Offset Permitted Height Above Grade
3 feet
I5 feet IO feet
13 feet 5 feet
9 feet
F b. Private Garages and other accessory structures
Height permitted by right:
Height bonus permitted for additional offset:
Height bonus permitted for large parcels
IS feet
+I foot of height for every 5 feet of setback
above the district minimum, provided that no
such bonus result in a structure exceeding 20
feet in height as measured by 17:5.03 (3).
+I foot of height for every 10,000 square feet
of parcel in excess of 40,000 square feet,
provided that no such bonus shall result in an
accessory structure which exceeds the height
permitted for principal structures in the zoning
district.
4. Architectural Requirements: All accessory structures subject to this Section must conform to the
following additional requirements:
a) A minimum base floor consisting of either pressure treated lumber, asphalt flooring, sealed
concrete block, or concrete slab must be provided except such areas where domesticated
animals and livestock are to be quartered as permitted by this Ordinance.
b) The architectural materials, color, and style of accessory structures shall conform to the
materials, color, and style of the principal structure unless the property is subject to a
Design Guide duly adopted as a component of the Comprehensive Plan and the proposed
accessory structure is in conformance with the provisions of said Guide. Exceptions to this
requirement may be made by the Plan Commission where it is determined that the structure
meets one or more of the following:
i) The structure is screened from view,
ii) The principal structure is composed of materials, colors, or styles that are
inappropriate in their application to an accessory structure,
iii) The Plan Commission finds other circumstances to be present which would result
in undue harm to the property or its surroundings.
I Ord. #I082 Page 4
0 C. Detached Accessow Structures - Agricultural Districts: Detached accessory structures located on
parcels in the A - Agriculture District, where said parcels are equal or greater than 120,000 square feet
in area, are subject to the regulations of the district pursuant to Section 17:8.19.
Detached accessory structures located on parcels in the A - Agriculture District which are located on
parcels less than 120,000 square feet in area and where the principal use is present shall be subject to the
provisions of 17:4.05(2)(B)(1-3), above.
Detached accessory structures located on parcels in the EA - Exclusive Agriculture District are subject
to the regulations of the district pursuant to Section 17:8.20.
I
D. Detached Accessory Structures -Business and Industrial Districts: Detached accessory structures
located on parcels in any “B” Business District or “I” Industrial District where the principal use is
present shall conform to the bulk requirements of the zoning district.
E. Outdoor Lighting: Outdoor lighting installations shall be permitted in the setback and offset areas but
not closer than 3 feet to an abutting property line and, where not specifically otherwise regulated, shall
not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or
illumination is cast upon the adjoining properties.
F. Fences. walls. and other architectural screening devices: Where anchored to supports embedded in the
ground shall be considered permanent structures and shall be subject to the following:
1 Any such structure not in excess of 6 feet in height, may be permitted anywhere on the lot consistent
with standards set forth in sub. (I) B of this Section, and in compliance with Section 5.02(2)E and
5.02(2)F. 0 2. Any such structure in excess of 6 feet in height, may be permitted provided it conforms to the
height, offset, and setback requirements of the district in which it is located.
3. Any such structure, in excess of 6 feet in height may be permitted closer than the required offset
from an adjoining lot line with the written consent of the adjoining property owner and by approval
of the Plan Commission.
4. Retaining walls may be permitted anywhere on the lot provided however, that no individual wall
shall exceed 6 feet in height, and a terrace of at least 3 feet in width shall be provided between any
series of such walls and provided further that along a street frontage no such wall shall be closer
than 3 feet to the base setback line.
G. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains,
statuary, flag poles, etc., where subject to “permanent structure” classification shall be permitted in
setback and offset areas but not closer than 3 feet to an abutting property line other than a street line.
H. Game courts and parking areas shall be permitted in setback and offset areas but not closer than 5 feet
to any property line and shall be screened from the view of adjoining property by adequate landscape
or architectural screen or combination thereof.
I. Solar collectors shall be permitted as an accessory use and may be permitted in any district subject to
the regulations of the particular district.
Ord. #lo82 Page 5
@ SECTION 5: Chapter 17, Section 4.05(3), of the Municipal Code of the City of Muskego relating to
Accessory Uses and Structures is amended to read as follows:
(3) Temporary Structures: Any temporary structure serving an accessory use shall be permitted anywhere
on the lot consistent with the standards as set out in sub. 4.05 (1) of this section and no building permit shall
be required provided, however, that where such structure does not comply with the setback requirements of
the district in which it is located the approval of the Plan Commission must first be obtained and where such
structure does not comply with the offset requirements the written approval of the abutting property owner
must first be submitted to the Plan Commission.
SECTION 6: Chapter 17, Section 5.03, of the Municipal Code of the City of Muskego relating to Height is
amended to read as follows:
5.03 HEIGHT
(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,
except as may be modified by Section 17:4,05(2)(B)(3)(c)
(2) Exceptions: The following shall be excepted from the height regulations of all districts:
A. Chimney and flues.
B. Electric, telephone and telegraph and distribution facilities; fire siren towers, and emergency weather
sirens..
C. Subject to the approval of the Plan Commission: Cooling towers, elevator bulkheads, fire towers,
monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, masts,
aerials, and necessary mechanical appurtenances.
(3) How Measured: For one and two family principal structures and their accessory structures, and for all
commercial and industrial structures, height is measured from the average finished grade at the front building
line to the highest point of:
A. the coping of a flat roof;
B. the deck line of a false mansard roof, or
C. the midpoint 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 perpendicular line from the horizontal line to the
highest point of the gable. The midpoint of the vertical line shall be the height of the gable roof for
the purposes of this ordinance.
(4) The height of any other structure 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.
Ord. #I082 Page 6
SECTION 7: Chapter 17, Section 8.01(6), of the Municipal Code of the City of Muskego relating to Basic
*Regulations of the RCE Country Estate District is amended to read as follows:
I (6) Height
Max. Permitted
* See Section 4.05(3)
SECTION 8: Chapter 17, Section 8.01 (7) B. I., 2. and 3. ofthe Municipal Code of the City of Muskego
relating to Permitted Accessory Uses in the RCE Country Estate District is amended to read as follows:
B. PERMITTED ACCESSORY USES
1, One (1) private garage subject to the provisions of Section 17:4.05 subject to the approval of the
Zoning Administrator and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time. No private garage in a residence district shall
be used for operation of any metal working, woodworking, masonry, carpentry, contracting or
repair business except as a permitted accessory use or home occupation. 0 2. One (I) private garden shed subject to the provisions of Section 17:4.05 subject to the approval of
the Zoning Administrator and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time.
3. Other accessory structures subject to the provisions of Section 17:4.05. and subject to approval of
the Plan Commission and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time. No accessory structure in a residential district
shall be used for the carrying on of any metal working, woodworking, masonry, carpentry,
contracting or repair business except as a permitted accessory use or home occupation.
SECTION 9: Chapter 17, Section 8.01(7) B. 5. a. and c. of the Municipal Code of the City of Muskego
relating to Home Occupations as Permitted Accessory Uses in the RCE Country Estate District is amended
to read as follows:
a. Such uses shall not occupy more than 20% of the Assessed Floor Area of the principal structure
in which it is located.
c. No such use shall be permitted which normally necessitates the coming of the customer or client
to the premises, or his presence on the premises while the service is being performed, or
otherwise generates pedestrian or vehicular traffic incompatible with the rural or residential
character of the neighborhood, except for teaching or tutoring academic subjects, or the studios
where dancing, music or other art instruction is offered to no more than two (2) pupils at one
time. 0
Ord. #lo82 Page 7
SECTION 10: Chapter 17, Section 8.01(7) B. (13), of the Municipal Code ofthe City of Muskego relating e to Permitted Accessory Uses in the RCE Country Estate District is created to read as follows:
13. Vehicular storage space for not more than one vehicle may be rented to persons not resident on
the lot, such space being defined as not more than 300 square feet, except that a maximum of two
rental spaces may be permitted where they are the only spaces provided on said lot.
SECTION 11. Chapter 17, Sections 8.02(6) and 8.03(6), of the Municipal Code of the City of Muskego
relating to Height of Accessory Structures in the R-1 Country Home District and R-2 Country Home District
are amended to read as follows:
(6) Height
Max. Permitted
(In Feet)
Principal I Accessow
structure 1 structure-
35
*See Section 4.05(3)
0 SECTION 12: Chapter 17, Sections 8.04(6) 8.05(6), 8.06(6), 8.07(6), 8.08(6), 8.09(6), and 8.10(6) of the
Municipal Code of the City of Muskego relating to Height of Accessoly Structures in the R-3, RSE, RS- I,
RS-2, RS-3, RSA, and RSM Districts are amended to read as follows:
Principal Accessory
structure
30
I structure
f
* See Section 4.05(3)
Ord. #lo82 Page 8
8 SECTION 13: Chapter 17, Section 8.19 (7) B. I of the Municipal Code of the City of Muskego relating to
Permitted Accessory Uses in the A - Agricultural District is amended to read as follows:
1, Any accessory use as permitted in the RCE District. (See Section 8.01 (7) B) Accessory
structures for the explicit purposes of “Agriculture and Agricultural Activities” as defined in
Section 2.02 of this Ordinance shall be exempt from the requirements outlined in Section
4.05(2)8.4.
SECTION 14: Chapter 17, Section 8.20 (7) B. 1 and 2. of the Municipal Code of the City of Muskego
relating to Permitted Accessory Uses in the EA - Exclusive Agricultural District is amended to read as
follows and the following sections are renumbered accordingly:
1. Any accessory use which is normal for agriculture purposes,
2. Any accessory use as permitted in the RCE District. (See Section 8.01 (7) B). Accessory
structures for the explicit purposes of “Agriculture and Agricultural Activities” as defined in
Section 2.02 of this Ordinance shall be exempt from the requirements outlined in Section
4.05(2)B.4.
0 SECTION IS: Chapter 17, Section 9.04 (7) B. 3. of the Municipal Code of the City of Muskego relating to
Permitted Accessory Uses in the OLS - Lakeshore Overlay District is created to read as follows:
3. One (I) boat house in addition to the accessory uses permitted by the underlying district, and
subject to the approval of the Zoning Administrator upon payment of fees and receipt of permits
as required by the Common Council and amended from time to time, and subject to following:
a,) Location: minimum S feet from the ordinary high water mark and subject to the side
yard offset provisions of the underlying district as modified by the OLS overlay district.
b.) Height: not greater than 10 feet above the lowest grade.
c.) Area: no greater than 120 square feet.
SECTION 16: Chapter 17, Section 9.04 (7) E. of the Municipal Code of the City of Muskego relating to
Lakeshore Offsets in the OLS - Lakeshore Overlay District is amended to read as follows:
E. LAKE SHORE OFFSET
1, No building shall be permitted closer than SO 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 as permitted by 17:9.04(7) B. 3.
Ord. #I082 Page 9
SECTION 17: The several sections of this ordinance are declared to be severable. If any section or portion
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 18: This ordinance shall be in full force and effect from and after its passage and publication.
a thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or
PASSED AND APPROVED THIS DAY OF ,2001,
CITY OF MUSKEGO
David L. DeAngelis, Mayor
First Reading: 9/25/01
ATTEST.
Published on the day of
,2001.
Clerk-Treasurer
City of Muskego
Plan Commission Supplement PC 140-2001
For the meeting of: October 2,2001
REQUEST: Zoning Code Amendment, Accessory Structures
PETITIONER: Alderman Petfalski; Alderman Slocomb
INTRODUCED: September 4,2001
LAST AGENDA: September 4,2001
PREPARED BY: Brian Turk
BACKGROUND PC 140-2001
Several Common Council members had requested revisions to the Accessory Structure ordinance. Specifically, it
was felt in the case of small parcels (currently limited to 60% of the first floor area of the residence)the rules were
too restrictive and resulted in an extraordinary number of variance applications. In the case of large estate-sized
parcels (currently limited to 1% of lot area) it may be appropriate to allow larger structures under certain
circumstances. Boathouse regulations are also clarified as a part of this amendment.
TAFF DISCUSSION PC 140-2001
The attached ordinance establishes performance standards to determine the maximum allowable accessory
of the principal structure. This eliminates the current penalty for having a 2 slory home, and assures everyone the
structure size and height. The base allowance is the greater of 720 square feet of 60% of the assessed floor area
ability to have a two car detached garage (subject to compliance with other district requirements such as open
space). This provisions will effectively reduce the Zoning Board of Appeals' case load by 50% per year
After determining the square footage permitted by righl, the petitioner may be eligible for "bonus" square footage for
placing the structure farther from side 8 rear lot lines (capping at a maximum 300 square feet for +30 feel of offset).
A second square footage bonus may be achieved for parcels greater than 40,000 square feet in area. For every
additional 1,000 square feet of parcel size, the petitioner may receive an additional 10 square feet of accessory
area). This bonus is in addition to any bonus granted for increased side yards. The combined square footage
struclure. (ex. A 120,000 square foot Country Estate parcel could receive an additional 800 square feet of floor
bonuses may not exceed 2% of the parcel size.
Height of accessory structures is also accommodated by a performance standard, with 15 feet granted by right.
the accessory struclure to equal the height permitted for the principal structure.
Bonuses for increased onsets may allow structures up lo 20 feet in height, and bonuses for large parcels may allow
the boathouse in addition to the accessory structures permitted in the underlying zoning district. Alderman
With regards to boathouses, the code is clarified that properties with OLS Lakeshore Overlay zoning are permitted
Slocomb has requested that staff explore the feasibility of amending the size and location restrictions for
boathouses. Staff is currently reviewing DNR administrative rules and County regulations to determine if they may
supercede home rule authority. A written legal opinion is pending from the City Attorney.
TAFF RECOMMENDATION PC 140-2001
Approval of Resolution #PC140-2001
RESOLUTION #PC 140-2001
AN ORDINANCE AMENDING CHAPTER 17. ZONING
PERTAINING TO ACCESSORY STRUCTURES
WHEREAS, Under direction of the Common Council the Planning Department has prepared
revisions to Chapter 17 of the Municipal Code as deemed necessary to amend accessory
structure regulations, and
WHEREAS, Said revisions set new standards for permitted floor area and height of accessory
structures which require review by the Planning Department and Plan Commission, and
Wisconsin State Statutes being deemed necessary to promote the public health, safety, and
WHEREAS, Said Code changes are prepared under the authority of Section 236.45 of the
welfare of the City of Muskego, and
WHEREAS, A Public Hearing is scheduled for September 25, 2001, and
THEREFORE BE IT RESOLVED, That the Plan Commission hereby recommends the outlined
Code changes as attached hereto, pertaining to accessory structures.
Plan Commission
City of Muskego
Adopted: October 2, 2001
Defeated:
Deferred: September4, 2001, September 18, 2001
Introduced: September 4, 2001
ATTEST. Brian Turk, Planning Director
Jean Marenda
Jill Blenski
Friday, August 24. 2001 11:05 AM
FW: Chaoter 18
Please change between 1st and 2nd readings. Thanks
From:
Sent:
Brian Turk
TO: lean Marenda
Subject: RE Chapter 18
Sure thing
-----0rlginal Message-----
Fnday, August 24, 2001 10:49 AM
-.---0rig!nal Message-----
From: Jean Marenda
Sent:
To:
Subject: Chapter 18
Brian Turk
Fnday, August 24, 2001 10:36 AM
Brian,
In previous ordinances I believe we used the title of "Planning Director" for you and "Engineering/Building Inspection
Director" for Sean. This chapter refers to "Director of Planning" and "Director of Building and Engineering" DO we
have your permission to make the change in the ordinance between the first and second readings?
Jean K. Marenda, CMC
Clerk-Treasurer
City of Muskego (pop.21.491)
Muskego. WI 53150-0749
fax: (262)679-4106
phone: (262)679-5624
* P 0. Box 749
1
Jill Blenski
cc:
Subject:
Jill Blenski
Friday, August 24, 2001 10:48 AM
Aldermen
David DeAngells; Brian Turk; Jean Marenda
ORD. #lo81 An Ordinance to Repeal and Recreate Chapter 18
(over)
Attached is the proposed ordinance (#1081) to repeal and recreate Chapter 18 (Land Division Ordinance). This ordinance
is on for first reading on the 8/28/01 Council agenda. Brian has already provided you with a hard copy showing the
proposed changes. If you want a hard copy of the ordinance for Tuesday, or prior to second reading, please let Jean or
me know. Only the cover ordinance for #lo61 will be placed in your Council binder Thanks, Jill
!!I
ORD1081chdpltldoc
I. . .
1