ORD20011086AMENDED
COMMON COUNCIL -CITY OF MUSKEG0
ORDINANCE #I086
AN ORDINANCE TO AMEND CHAPTER 17, SECTION 3,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
(Zoning Administration and Enforcement)
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1 Chapter 17, Section 3, 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 #1086, as amended.
SECTION 2: 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 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 shall
remain in full force and effect. Any other ordinance whose terms conflict with the
SECTION 4: This ordinance is in full force and effect from and afler its passage and
publication.
0 provisions of this ordinance are hereby repealed as to those terms that conflict.
PASSED AND APPROVED THIS 271h DAY OF NOVEMBER I 2001
David L. De Angelis, Mayor
First Reading: 1111 3/01
ATTEST. Published this gTH day of
December ,2001
Cdrk Treasurer
10101jmb
AMENDED
ORDINANCE #lo86
AN ORDINANCE TO AMEND CHAPTER 17, SECTION 3,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Zoning Administration and Enforcement)
COMMON COUNCIL - CITY OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN. DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 17, Section 3, of the Municipal Code of the City of Muskego is hereby
repealed and recreated to read as follows:
SECTION 3 ADMINISTRATION AND ENFORCEMENT
3.01 ADMINISTRATIVE AND ENFORCEMENT OFFICER
(1) Planning Director Designated: The Planning Director is hereby designated as the
administrative and enforcement officer for the provisions of this ordinance. For such duties he
direct.
may be provided with the assistance of such additional persons as the Common COUnCil may
(2) Duties: In the enforcement of said ordinance the Planning Director shall perform the following
duties:
(a) Issue the necessary Zoning Use Permit and Occupancy Permits required by the
provisions of this ordinance, provided its provisions and those of the building code have
been complied with.
(b) In case of any finding of a violation of a provision of this ordinance, notify in writing, the
actual violator where known, owner of the property on which the violation has taken place
and the Common Council, indicating the nature of the violation and the action necessary
to correct it.
(c) Carry out such additional responsibilities as are hereinafter set forth by the provisions of
(3) Authority: In the enforcement of said ordinance, the Planning Director shall have the power
and authority for the following:
(a) At any reasonable time and for any proper purpose to enter upon any public or private
premises and make inspection thereof.
(b) Upon reasonable cause or question as to proper compliance, to revoke any Zoning Use
Permits or occupancy permit, and issue cease and desist orders requiring the cessation of
ordinance, such revocation to be in effect until reinstated by the Planning Director or the
any building, moving, alteration or use which is in violation of the provisions of this
compliance with or to prevent violation of its provlsions.
Board of Appeals; or take any other action as directed by the Common Council to insure
(c) In the name of the City and with authorization of the Common Council commence any
legal proceedings necessary to enforce the provisions of this ordinance, including the
collection of forfeitures provided for herein.
this ordinance.
3.02 BUILDING PERMIT
(1) Required: No structure 6 inches or more above the surface of the ground, nor any structure
classified as a building, nor any swimming pool, shall be erected, structurally altered, or
relocated within the City of Muskego until a building permit has been issued by the Building
Inspector certifying that such building as proposed, would be in compliance with the provisions
of this ordinance and with the Building Code of the City.
(2) Procedure: An application for a Building Permit shall be made in conformity with the
requirements of the Building Code of the City of Muskego.
3.03 ZONING USE PERMIT AND OCCUPANCY PERMIT
(1) Required: No vacant land shall be occupied or used except for agricultural purposes, and no
Zoning Permit and Occupancy Permit have been issued certifying that any such building, use,
building shall be hereafter erected, structurally altered, relocated, used or occupied until a
or occupancy complies with the provisions of this ordinance. Like permits shall be obtained
before any change is made in the type of use, or before any legal non-conforming use is
resumed, changed, extended, or granted conditional use status.
(2) Procedure:
(a) Applications for a Zoning Use Permit shall be made to the Planning Director prior to or at
the same time as the application to the EngineeringlBuilding Inspection Director for a
Building Permit and Occupancy Permlt, or prior to the commencement of any use not
involving a Building Permit.
(b) A Zoning Use Permit Application shall be prepared and filed with the Planning Director for
a Zoning Permit. An application for Building and Occupancy Permits shall be prepared in
duplicate and filed with the EngineeringlBuilding Inspection Director Said applications to
be filed with the department shall be filled out completely and all required data must be
submitted with application.
(c) Within forty-eight (48) hours after the notification of the completion of the erection,
alteration or relocation of the building or of intent to commence a use, the Planning
Director andlor Building Inspector shall make an inspection of the premises and any
building thereon and if the building and the intended use thereof, and the proposed use of
the premises comply with the requirements of this ordinance an Occupancy Permit shall
be issued.
(d) For the purpose of defraying the cost of inspection and adminlstrative processing of
Zoning Use Permits and Occupancy Permits, such application shall be accompanied by a
fee as established from time to time by resolution of the Common Council.
(3) Expiration:
(a) For all new single-family and two-family constructlon, Zoning Use Permits shall expire
twenty-four (24) months after issuance if the dwelling exterior has not been completed.
Said permit shall also expire if within twenty-four (24) months of the date of application, no
Occupancy Permit has been issued Where such Zoning Use Permits have expired, the
occupancy has in fact commenced without proper authority. Upon showing of valid cause,
Planning Director shall make immediate investigation to ascertain that no use or
the Planning Director may grant an extension of such permit for a period not to exceed six
(6) months.
(b) For all existing buildings, and any alterations thereto, new commercial buildings,
accessory buildings, and accessory structures, the Zoning Use Permit shall become void
unless operations have commenced within four (4) months from the date the permit is
work is commenced, for a period of more than sixty (60) working days. Time periods
issued, or if the building or work authorized by such permit is suspended at any time after
referenced herein may be extended following the procedures established in Section
30.08(2)(a). Failure to comply with the agreed upon timetable may result in the revocation
of the permit and the issuance of a citation for the offense.
(4) Temporary Occupancy and Use Permit: Pending the issuance of a regular permit, a
temporary permit may be issued by the Common Council, where a Bullding Site and
Operational Plan is required under Section 17:6.10, upon recommendation of the
EngineeringlBuilding Inspection Director for a period not exceeding six (6) months during the
completion of alterations or during partial occupancy of a building pending its permanent
occupations. Such temporary permit shall not be issued except under such restrictions and
provisions as will adequately insure the safety of the occupants. A temporary permit shall be 0
3.04
(1)
3.05
3.06
(1)
voided if the building fails to conform to the provisions of this ordinance to such a degree as to
render it unsafe for the occupancy proposed.
ESTABLISHMENT OF OFFICIAL ZONING MAP
District Mapped: The City of Muskego is hereby divided into zoning districts as shown upon a
map designated as the Zoning Map of the City of Muskego and made part of this Ordinance
and all the notations, references and other information shown thereon shall be as much a part
of this ordinance as if the matters and information set forth by said map were all fully
described herein.
Map Changes: The Zoning Map shall be kept current at all times.
destroyed, lost or difficult to interpret because of the nature or number of changes and
Replacement of Zoning Map: In the event that the Zoning Map becomes damaged,
supersede the prior Zoning Map. The new Zoning Map may correct drafting or other errors or
additions the Common Council may by resolution, adopt a new Zoning Map, which shall
omissions in the prior Zoning Map, but no such correction shall have the effect of amending
the original zoning ordinance or any subsequent amendment thereof.
and as shown on the Zoning Map, and in case of any question as to the interpretation of such
Determination of Boundaries: District boundaries shall be determined by measurement from
of this Ordinance.
boundary lines the Plan Commission shall interpret the map according to the reasonable intent
(a) Unless otherwise specifically indicated or dimensioned on the map, the district boundaries
are normally lot lines; section, quarter section, or sixteenth section lines; or the center
lines of streets, highways, railways or alleys.
(b) The boundaries of the WF Wetland and Floodplain Districts as drawn are intended to
represent the edge of lake, stream, swamp, marsh or other lands not adequately drained
or subject to flooding, and shall be flnally determined by the actual conditions in each
specific situation, provided however, that along a stream or flowing watercourse such line
shall not be less than 25 feet from the normal bank of such stream, or watercourse.
(c) The OLS Lakeshore District shall be definition apply without specific mapping around the
shore of all public water bodies and the regulations of said district shall apply to all lots
having frontage on a public water body.
(d) Where a parcel of land is located in both the OLS Lakeshore District and the OED Existing
Development District, only the regulations of the OLS District shall apply. ,
IDENTIFICATION OF OFFICIAL ORDINANCE AND MAP
The text of the zoning regulations and the corresponding zoning map shall be kept on file in
the offices of the City and any other copies thereof shall be purely informational and shall not
have the status of law.
CHANGES AND AMENDMENTS
Authority: Pursuant to the provisions of Section 62.23 (7) of the Wisconsin Statutes the
Common Council may, after first submitting the proposal to the Plan Commission for report
and recommendation and after notice and public hearing as hereinafter provided, amend the
regulations of this ordinance or change the district boundaries.
Procedure:
(a) Initiation: A proposal to amend the text or change the district mapping of this ordinance
may be initiated by the Common Council on its own motion, by recommendation of the
Plan Commission, or by petition of one or more property owners.
(b) Filing of Petltion: A petition for change or amendment submitted by a private property
owner shall be prepared on printed forms provided for the purpose and filed with the
Planning Director and shall be accompanied by a fee, as from time to time established by
Resolution of the Common Council, to defray the cost of giving notice, investigation and
other administrative processing.
(c) Date Required: In addition to all information required on the petition form, the petitioner
shall supply the followlng:
1, A plot map drawn in triplicate to a scale no smaller than 100feet to the inch for tracts
of less than ten (IO) acres and no smaller than 200feet to the inch for tracts of ten (IO)
acres or more, showing the land in question, its location, the length and direction of
each boundary thereof, the location and the existing use of all buildings on such land
and the principal use of all properties within 300feet of such land.
2. The names and addresses of the owners of all properties within 300feet of any part of
the land included in the proposed change.
3. Any further information which may be required by the Plan Commission to facilitate
the making of a comprehensive report to the Common Council.
(d) Referral:
1 The Planning Director shall transmit without delay one copy of such petition to the
2. The Plan Commission shall conduct a study and investigation and where deemed
within thirty (30) days, unless a longer period is stipulated by the Common Council. If
desirable, an informal hearing, and report its recommendation to the Common Council
the Plan Commission determines that the services of a professional planning
consultant are required to determine the feasibility of a zoning change, the fees
incurred for such study shall be the responsibility of the petitioner
(e) Official Hearing: The Common Council shall hold a public hearing upon the petition in the
Plan Commission.
manner provided by Section 3.07 of this ordinance.
(f) Action:
1 As soon as possible after such public hearing the Common Council shall act to
approve, modify and approve, or disapprove the proposed change or amendments.
2. The Common Council shall not take action without having first heard the
3. An approved change shall be by appropriate ordinance, and necessary changes in the
(9) Protest: In case of protest against a change duly signed and acknowledged by the
owners of 20 percent or more either of the area of land included in such proposed change,
or by the owners of 20 percent or more of the land immediately adjacent and extending
thereto extending 100 feet from the street frontage of such opposite land, an amendment
100 feet therefrom or by the owners of 20 percent or more of the land directly opposite
shall not become effective except by the favorable vote of % of the members of the
Council.
recommendation of the Plan Commission.
Zoning Map or text shall be made promptly.
3.07 PUBLIC HEARINGS
(1) Notice: Notice of the proposed change and hearing thereon shall be given by publication in
the official paper once a week for two (2) consecutive weeks the last of which shall be at least
one week before the hearing, and in cases of petitions requesting changes in the zoning
district classification of any property, granting of conditional uses, or of planned developments
under 6.02. the Planning Director shall mail notice of the public hearing to the owners Of all
lands within 300 feet of any part of the land included in such proposed change or conditional
use at least ten (IO) days before such public hearing. The failure of such notice to reach any
property owner provided such failure be not intentional, shall not invalidate any amending
ordinance, or grant of conditional use of planned development. Such mailed notice shall not
3.08
(1)
be required where the Common Council determines that the change is of such comprehensive
nature that such notice would involve excessive administrative effort and expense and is not
necessary for reasonable notification of affected property owners. At least ten (IO) days prior
written notice of changes in the district plan shall also be given to the Clerk of any municipality
whose boundaries are within 1000 feet of the land to be affected by the proposed change.
Failure to give such notice shall not invalidate any such change.
Information: Such notices shall state the time and place of such public hearing and the
description of the area involved and in the case of text changes a description of the proposed
purpose for which the hearing is held, and shall include, in the case of map changes a
change, in sufficient detail for general public identification. Reference shall also be made to
the fact that detailed descriptions are available for public inspection at the Planning
Department.
Petitions Not Involving Zoning Change: Where such hearing is required by the provisions of
this ordinance as a result of a request for other than a zoning change or appearance before
the Board of Appeals, such request shall be presented to the Planning Department in writing,
and shall be accompanied by a map or description clearly identifying the property involved and
by a fee payable to the City, as from time to time established by Resolution of the Common
Council, to defray the cost of notification and holding of a public hearing.
Informal Hearings: Hearings not specifically required under the provisions of this ordinance
may be noticed as deemed appropriate by the body holding the hearing.
APPEAL PROVISIONS
Any person aggrieved, or any officer, department, board or bureau of the City affected by a
decision of the Administrative Officer, Planning Director or of the Plan Commission may
appeal be taken within a reasonable time, as provided by the rules of said Board of Appeals,
appeal such decision to the Board of Appeals as hereinafter established, provided such
Appeal Board.
and provided such appeal falls within the classification as set forth under the powers of the
Unless a variance from the basic zoning regulations is sought (e.g. a request for a 30 foot
building setback where a 50 foot setback is required by the regulations of the applicable
zoning district), this section shall not apply to decisions of the Plan Commission relating to the
following: Building, Site and Operational Plans; Signs of a temporary or permanent nature;
Residential Outbuildings; Conditional Use requests. In a case where a variance from the
basic zoning regulations is sought, the Plan Commission may file a recommendation with the
Board of Appeals outlining its opinion and findings as they relate to the issue(s) being
appealed
Any person aggrieved by any decision by the Common Council for the City of Muskego with
regards to this ordinance may request such review of such decision in accordance with the
procedures as set forth in Chapter 27 of the Municipal Code for the City of Muskego andlor
Chapter 68 of the Wisconsin Statutes.
Board of Appeals:
(a) Establishment: (Am. #162) There shall be a Board of Appeals consisting of 5 members
appointed by the Mayor, subject to confirmation by the Common Council, for terms of 3
years, except that of those first appointed, one shall serve for 1 year, 2 for 2 years and 2
for 3 years. Members shall serve without compensation, and shall be removable by the
Mayor for cause upon written charges and after public hearing. Vacancies shall be filled
for the unexpired terms of members whose terms become vacant. The Mayor may
appoint, for staggered terms of 3 years, 2 alternate members of such board, in addition to
the 5 members above provided for Annually, the mayor shall designate one of the
alternate members as 1st alternate and the other as 2nd alternate. The 1st alternate shall
act, with full power, only when a member of the board refuses to vote because of interest
or when a member is absent. The 2nd alternate shall so act only when the 1st alternate
absent. The above provisions, with regard to removal and filling of vacancies, shall apply
so refuses or is absent or when more than one member of the board so refuses or IS
to such alternates.
(b) General Rules:
1, The Mayor shall designate one of the members chairman and the Board of Appeals
2. The Board of Appeals shall adopt rules governing its procedure consistent with the
(c) Meetings: Meetings of the Board shall be held at the call of the chairman and at such
other times as the Board may determine. Such chairman, or in his absence the acting
chairman, may administer oaths and compel the attendance of witnesses. All meetings Of
the Board shall be open to the public. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent or failing to vote,
of which shall be immediately filed in the office of the Board and shall be public record.
indicating such fact, and shall keep records of its examinations and other official action, all
may designate such other officers and employ such employees as it feels necessary.
terms of this ordinance.
(d) Powers: The Board of Appeals shall have the following powers as defined by statue:
1 To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in the
enforcement of this ordinance.
2. To hear and decide special exceptions to the terms of this ordinance upon which such
Board is required to pass under this ordinance.
3. To authorize upon appeal in specific cases such variances from the terms of this
ordinance as will not be contrary to the publlc interest, where owing to special
conditions a literal enforcement of the provisions of this ordinance will result in
practical difficulty or unnecessary hardship, so that the spirit of this ordinance shall be
observed, public safety and welfare secured, and substantial justice done.
4. To permit, in appropriate cases, and subject to appropriate conditions and safeguards
in harmony with the general purpose and intent of the ordinance, a bullding or
premises to be erected or used for such public utility purposes in any location which is
reasonably necessary for the public convenience and welfare.
(e) Additional Requirements: In making its determination the Board shall consider whether
the proposed exception, or variance would be hazardous, harmful, noxious, offensive or a
nuisance to the surrounding neighborhood by reason of physical, social or economic
effects; and may impose such maintenance and operation - as the Board may deem
necessary for the protection of adjacent properties and the public interest and welfare.
(f) Performance Standards: In order to reach a fair and ObJeCtiVe decision the Board may
utilize and give recognition to appropriate performance standards which are available to
model codes or ordinances or which have been developed by planning, manufacturing,
health, architectural, and engineering research organizations.
(9) Enforcement of Decision: In exercising the above mentioned powers, such Board may, in
conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may
modify the order, requirements, decision or determination appealed from, and may make
such order, requirement, decision or determination as ought to be made, and to that end
direct the issue of a permit provided that no such action shall have the effect of permitting
shall have all the powers of the officer from whom the appeal is taken, and may issue or
special exception where such grant is not specifically assigned to the Board for
in any district a use prohibited in that district; of rezoning; of granting a conditional use or
determination under this ordinance; of permitting, without the approval of the Plan
Commission any building within the base setback area as hereinafter established by the
provisions of this ordinance.
3.09
(1)
(h) Required Vote: The concurring vote of 4 members of the Board shall be necessary to
official, or to decide in favor of the applicant on any matter upon which it IS required to
reverse any order, requirement, decision or determlnation of any such administrative
pass under this ordinance, or to effect any variation therefrom. The grounds of every such
determination shall be stated.
(i) Further Appeal: Any person or persons aggrieved by any decision of the Board of
Appeals, or any taxpayer, or any officer, department, board or bureau of the municipality
may appeal from a decision of the Board of Appeals within 30 days after the filing of the
decision in the office of the Board of Appeals in the manner provided in Section 62.23 (7)
(e) 10. of the Wisconsin Statutes.
PROCEDURE:
(a) Filing: A notice of appeal shall be filed with the Planning Department by completing the
approved application form, supplying a recent plat of survey completed by a Registered
Land Surveyor, and submitting a detailed explanation of the request. At the time of
application a fee as from time to time established by Resolution of the Common Council
shall be submitted to defray the cost of giving notice, investigation, and other
administrative processing. The Planning Director shall forthwith transmit to the Board
and/or any other affected officer of the City; all papers constituting the record upon which
the action appealed from was taken).
(b) Stay: An appeal shall stay all legal proceedings in furtherance of the action appealed
after the notice of appeal shall have been filed with him, that by reason of facts stated in
from, unless the officer from whom the appeal is taken certifies to the Board of Appeals
the certificate a stay would, in his opinion, cause imminent peril to life or property. In such
cases, proceedings shall not be stayed othewise than by a restraining order which may
be granted by the Board of Appeals or by a Court of record on application, on notice to the
officer from whom the appeal is taken and on due cause shown.
(c) Hearing: Each appeal shall be heard within 40 days from the time of filing and public
to the parties in interest. Such notice however shall require only one publication which
notice of such hearing shall be given as provided by sec. 3.07 of thls Ordinance as well as
shall not be less than one week prior to the date of the hearing. Any party may appear in
person, or by agent or by attorney representing him.
(d) Decision: The Board of Appeals shall render its decision in writing within 15 days after
completion of the hearing thereon.
(e) Special Exceptions: Requests for special exceptions upon which the Board of Appeals is
a public hearing held thereon as provided for appeals.
required to pass under the provisions of this Ordinance shall be presented by petition and
PENALTIES
or refuses to comply with, or who resists the enforcement of any of the provisions of this
Penalties: Any person, firm, company, or corporation who violates, disobeys, omits, neglects
ordinance, shall be subject to a forfeiture of not less than $10.00 and not to exceed the sum of
$200.00 for each offense, together with the costs of the action, and in default of the payment
6 months, or until such forfeiture and the subsequent costs have been paid. Each day that a
thereof, shall be imprisoned in the County Jail of Waukesha County, for a period not to exceed
violation is permitted to exist shall constitute a separate violation and be punishable as such.
Enforcement By Injunctlon: Compliance with the provlsions of this Ordinance may also be
situated within an area affected by the regulations of thls ordinance.
enforced by injunction order at the suit of the City or one or more owners of real estate
carried on in violation of the provisions of this ordinance is hereby declared to be a nuisance
Declared Nuisances: Any building erected, structurally altered, or placed on a lot, or any use
per se. and the City may apply to any Court of competent jurisdiction to retrain or abate such
nuisance.
3.10 SEVERABILITY
The several sections, subsections and paragraphs of this Ordlnance are hereby declared to
be severable. If any section, subsection, paragraph, or subparagraph of this ordinance shall
be declared by a decision of a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the other provisions of the ordinance, or of the section of which the
invalid portion or paragraph may be a part
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 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 4: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 27TH DAY OF NOVEMBER ,2001
CITY OF MUSKEG0
~
David L. DeAngelis, Mayor
First Reading: 11/13/2001
ATTEST,
Cover Ordinance Published on the 61h day
of December, 200 1
STATE OF WISCONSIN) ) ss.
"1 ...".. linn rnnnhr 1.
Official Notice -
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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City of Muskego
Plan Commission Supplement PC 165-2001
For the meeting of: October 16,2001
REQUEST: Zoning Code Amendment, Administration
PETITIONER Building Department
INTRODUCED: October 16,2001
LAST AGENDA NI A
PREPARED BY: Brian Turk
BACKGROUND PC 165-2001
The Building department has requested an amendment to the Zoning Code. [Specifically. portions of Section
Planning staff has prepared the attached amendments in response to thosekonflicts found.
3,pertaining to Administration, are in conflict with the Uniform Dwelling Code and Commerclal Construction Codes.
\.. ,
STAFF DISCUSSION PC 165-2001
The are two primary amendment. First, this amendment clarifies thatathe Planning Department, and not the
Building Department. is responsible for Zoning Code administration. Second. the provisions for permit expiration
are amended to match those of State Building Codes. Under current Ordinances, a permit may expire locally, but
may still be valid in the eyes of the State. i.
\'
\
STAFF RECOMMENDATION PC 165-2001 ,
Approval of Resolution #PC 165-2001 i
a RESOLUTION #PC 165-2001
AN ORDINANCE AMENDING CHAPTER 17. ZONING
PERTAINING TO ADMINISTRATION
WHEREAS, At the request of the Building Department, the Planning Department has prepared
procedures of the Zoning Ordinance, and
revisions to Chapter 17 of the Municipal Code as deemed necessary to clarify the administrative
WHEREAS, Said Code changes are prepared under the authority of Section 60.81(7) and 62.23
of Wisconsin State Statutes being deemed necessary to promote the public health, safety, and
welfare of the City of Muskego, and
WHEREAS, A Public Hearing is scheduled before the Common Council on November 13, 2001, and
THEREFORE BE IT RESOLVED, That the Plan Commission hereby recommends the outlined
Code changes pertaining to administration of the Zoning Ordinance.
Plan Commission
City of Muskego
Adopted:
0 Defeated:
- Deferred:
Introduced:
ATTEST
October 16. 2001
October 16, 2001
Sandi Asti. Recording Secretary
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #I086
AN ORDINANCE TO AMEND CHAPTER 17, SECTION 3,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Zoning Administration and Enforcement)
/'
The Common Council of the City of Muskego. Waukesha'County. Wisconsin, do ordain
as follows:
/
/
SECTION 1 Chapter 17, Section 3, 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 #1086.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk- /!
Treasurer and open to public inspection fdr not Iyss than two weeks prior to the date of
this Ordinance and said Ordinance is tiereby incorporated into the Municipal Code of
the City. "
are declared to be severable. If
decision of a court of competent
in the decision, and not affect the
validity of all other thereof of the ordinance which shall
remain in full ordinance whose terms conflict with the
provisions of as to those terms that conflict.
SECTION 4: This effect from and after its passage and
publication.
such decision shall apply only to
DAY OF ,2001
CITY OF MUSKEGO
David L. De Angelis, Mayor
First Reading: 11/13/01
jl i
ATTEST Published this day of
December ,2001
Clerk Treasurer
10101jrnb
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #lo86
AN ORDINANCE TO AMEND CHAPTER 17, SECTION 3,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Zoning Administration and Enforcement)
THE COMMON COUNCIL OF THE ClTY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17, Section 3, of the Municipal Code of the City of Muskego is hereby
repealed and recreated to read as follows:
SECTION 3 ADMINISTRATION AND ENFORCEMENT
3.01 ADMINISTRATIVE AND ENFORCEMENT OFFICER
(1) Planning Director Designated: The Planning Director is hereby designated as the
administrative and enforcement officer for the provisions of this ordinance. For such duties he
may be provided with the assistance of such additional persons as the Common Council may
direct.
(2) Duties: In the enforcement of said ordinance the Planning Director shall perform the following
duties:
(a) Issue the necessary Zoning Use Permit and Occupancy Permits required by the
provisions of this ordinance, provided its provisions and those of the buildmg code have
been complled with.
(b) In case of any finding of a violation of a provision of this ordinance, notify in writing, the
and the Common Council, indicating the nature of the violation and the action necessary
actual violator where known, owner of the property on which the violation has taken place
to correct it.
(c) Carry out such additional responsibilities as are hereinafter set forth by the provisions of
(3) Authority: In the enforcement of said ordinance, the Planning Director shall have the power
and authority for the following:
(a) At any reasonable time and for any proper purpose to enter upon any public or private
premises and make inspection thereof.
(b) Upon reasonable cause or question as to proper compliance, to revoke any Zoning Use
Permits or occupancy permit, and issue cease and desist orders requiring the cessation of
ordinance, such revocation to be in effect until reinstated by the Planning Director or the
any building, moving, alteration or use which IS in violation of the provisions of this
compliance with or to prevent violation of its provisions.
Board of Appeals or take any other action as directed by the Common Council to insure
this ordinance.
(c) In the name of the City and with authorization of the Common Council commence any
collection of forfeitures provided for herein.
legal proceedings necessary to enforce the provisions of this ordinance, including the
3.02 BUILDING PERMIT
(1) Required: No structure 6 inches or more above the surface of the ground, nor any structure
classified as a building, nor nay swimming pool, shall be erected, structurally altered, or
relocated within the City of Muskego until a building permit has been issued by the Building
of this ordinance and with the Building Code of the City.
Inspector certifying that such building as proposed, would be in compliance with the provisions
(2) Procedure: An application for a Building Permit shall be made in conformity with the
requirements of the Building Code of the City of Muskego.
3.03 ZONING USE PERMIT AND OCCUPANCY PERMIT
(1) Required: No vacant land shall be occupied or used except for agricultural purposes, and no
Zoning Permit and Occupancy Permit have been issued certifying that any such building, use,
building shall be hereafter erected, structurally altered, relocated, used or occupied until a
or occupancy complies with the provisions of this ordinance. Like permits shall be obtained
before any change is made in the type of use, or before any legal non-conforming use is
resumed, changed, extended, or granted conditional use status. (Ord. #860 - 03-09-95)
(2) Procedure: (Ord. #860 - 03-09-95)
(a) Applications for a Zoning Use Permit shall be made to the Planning Director prior to or at
the same time as the application to the Director of Building and Engineering for a Building
Permit and Occupancy Permit, or prior to the commencement of any use not involving a
Building Permit.
(b) A Zoning Use Permit Application shall be prepared and filed with the Planning Director for
a Zoning Permit. An application for Building and Occupancy Permits shall be prepared in
duplicate and filed with the Director of Building and Engineering. Said applications to be
filed with the department shall be filled out completely and all required data must be
submitted with application.
(c) Within forty-eight (48) hours after the notification of the completion of the erection,
alteration or relocation of the building or of intent to commence a use, the Planning
Director and/or Building Inspector shall make an inspection of the premlses and any
the premises comply with the requirements of this ordinance an Occupancy Permit shall
building thereon and if the building and the intended use thereof, and the proposed use of
be issued.
(d) For the purpose of defraying the cost of inspection and administrative processing of
fee as established from time to time by resolution of the Common Council.
Zoning Use Permits and Occupancy Permits, such application shall be accompanied by a 0
(3) Expiration:
(a) For all new single-family and two-family construction, Zoning Use Permits shall expire
twenty-four (24) months after issuance if the dwelling exterior has not been completed.
Said permit shall also expire if within twenty-four (24) months of the date of application, no
Occupancy Permit has been issued Where such Zoning Use Permits have expired, the
Planning Director shall make immediate investigation to ascertain that no use or
occupancy has in fact commenced without proper authority. Upon showing of valid cause,
the Planning Director may grant an extension of such permit for a period not to exceed six
(6) months. (Ord. #E60 - 03-09-95)
(b) For all existing buildings, and any alterations thereto, new commercial buildings,
accessory buildings, and accessory structures, the Zoning Use Permit shall become void
Unless operations have commenced within four (4) months from the date the permit is
work is commenced, for a period of more than sixty (60) working days. Time periods
issued, or if the building or work authorized by such permit is suspended at any time after
30.08(2)(a). Failure to comply with the agreed upon timetable may result in the revocation
referenced herein may be extended following the procedures established in Section
of the permit and the issuance of a citation for the offense.
(4) Temporary Occupancy and Use Permit: Pending the issuance of a regular permit, a
temporary permit may be issued by the Common Council, where a Building Site and
Operation Plan is required under Section 17:6.10, upon recommendatton of the Director of
Building and Engineering for a period not exceeding six (6) months during the completion of
temporary permit shall not be issued except under such restrictions and provisions as will
alterations or during partial occupancy of a building pending its permanent occupations. Such
adequately insure the safety of the occupants. A temporary permit shall be voided if the
3.04
(1)
3.05
3.06
(1)
building fails to conform to the provisions of this ordinance to such a degree as to render it
unsafe for the occupancy proposed.
ESTABLISHMENT OF OFFICIAL ZONING MAP
District Mapped: The City of Muskego is hereby divided into zoning districts as shown upon a
map designated as the Zoning Map of the City of Muskego and made part of this Ordinance
and all the notations, references and other information shown thereon shall be as much a part
of this ordinance as if the matters and information set forth by said map were all fully
described herein.
Map Changes: The Zoning Map shall be kept current at all times.
destroyed, lost or difficult to interpret because of the nature or number of changes and
Replacement of Zoning Map: In the event that the Zoning Map becomes damaged,
additions the Common Council may be resolution, adopt a new Zoning Map, which shall
supersede the prior Zoning Map. The new Zoning Map may correct drafting or other errors or
omissions in the prior Zoning Map, but no such correction shall have the effect of amending
the original zoning ordinance or any subsequent amendment thereof.
and as shown on the Zoning Map, and in case of any question as to the interpretation of such
Determination of Boundaries: District boundaries shall be determined by measurement from
boundary lines the Plan Commission shall interpret the map according to the reasonable intent
of this Ordinance.
(a) Unless otherwise specifically indicated or dimensioned on the map, the district boundaries
are normally lot lines; section, quarter section, or sixteenth section lines; or the center
lines of streets, highways, railways or alleys.
(b) The boundaries of the WF Wetland and Floodplain Districts as drawn are intended to
represent the edge of lake, stream, swamp, marsh or other lands not adequately drained
or subject to flooding, and shall be finally determined by the actual conditions in each
specific situation, provided however, that along a stream or flowing watercourse such line
shall not be less than 25 feet from the normal bank of such stream. or watercourse.
(c) The OLS Lakeshore District shall be definition apply without specific mapping around the
shore of all public water bodies and the regulatlons of said district shall apply to all lots
having frontage on a public water body,
(d) Where a parcel of land is located in both the OLS Lakeshore District and the OED Exlsting
Development District, only the regulations of the OLS District shall apply.
IDENTIFICATION OF OFFICIAL ORDINANCE AND MAP
The text of the zoning regulations and the corresponding zoning map shall be kept on file in
the offices of the City and any other copies thereof shall be purely informational and shall not
have the status of law.
CHANGES AND AMENDMENTS
Authority: Pursuant to the provisions of Section 62.23 (7) of the Wisconsin Statutes the
Common Council may, after first submitting the proposal to the Plan Commission for report
and recommendation and after notice and public hearing as hereinafter provided, amend the
regulations of this ordinance or change the district boundaries.
Procedure:
(a) Initiation: A proposal to amend the text or change the distrlct mapping of this ordinance
may be initiated by the Common Council on its own motion, by recommendation of the
Plan Commission, or by petition of one or more property owners.
(b) Filing of Petition: A petition for change or amendment submitted by a private property
owner shall be prepared on printed forms provided for the purpose and filed with the
Planning Director and shall be accompanied by a fee, as from time to time established by
i
Resolution of the Common Council, to defray the cost of giving notice, investigation and
other administrative processing. (Ord. #813 - 10-7-93)
(c) Date Required: In addition to all information required on the petition form, the petitioner
shall supply the following:
1 A plot map drawn in triplicate to a scale no smaller than 100-feet to the inch for tracts
of less than ten (IO) acres and no smaller than 200-feet to the inch for tracts of ten
(IO) acres or more, showing the land in question, its location, the length and direction
of each boundary thereof, the location and the existing use of all buildings on such
land and the principal use of all properties within 300-feet of such land.
2. The names and addresses of the owners of all properties within 300-feet of any part of
the land included in the proposed change.
3. Any further information which may be required by the Plan Commission to facilitate
the making of a comprehensive report to the Common Council.
(d) Referral:
1 The Planning Director shall transmit without delay one copy of such petition to the
2. The Plan Commission shall conduct a study and investigation and where deemed
within thirty (30) days, unless a longer period is stipulated by the Common Council. If
desirable, an informal hearing, and report its recommendatlon to the Common Council
the Plan Commission determines that the services of a professional planning
consultant are required to determine the feasibility of a zoning change, the fees
incurred for such study shall be the responsibility of the petitioner (Ord. #455 - 5-10-
(e) Official Hearing. The Common Council shall hold a public hearing upon the petition in the
(f) Action:
Plan Commission.
83)
manner provided by Section 3.07 of this ordinance.
1 As soon as possible after such public hearing the Common Council shall act to
approve, modify and approve, or disapprove the proposed change or amendments.
2. The Common Council shall not take action without having first heard the
recommendation of the Plan Commission. (Ord. #389 - 8-1-90)
3. An approved change shall be by appropriate ordinance, and necessary changes in the
Zoning Map or text shall be made promptly.
(9) Protest: In case of protest against a change duly signed and acknowledged by the
owners of 20-percent or more either of the area of land included in such proposed
change, or by the owners of 20-percent or more of the land immediately adjacent and
extending 100-feet therefrom or by the owners of 20-percent or more of the land directly
opposite thereto extending 100-feet from the street frontage of such opposite land, an
amendment shall not become effective except by the favorable vote of of the members
of the Council.
3.07 PUBLIC HEARINGS
(1) Notice: Notice of the proposed change and hearing thereon shall be given by publication in
the official paper once a week for two (2) consecutive weeks the last of which shall be at least
one week before the hearing, and in cases of petitions requesting changes in the zoning
district classification of any property, granting of conditional uses, or of planned developments
under 6.02, the City Clerk shall mail notice of the public hearing to the owners of all lands
within 300-feet of any part of the land included in such proposed change or conditional use at
least ten (IO) days before such public hearing. The failure of such notice to reach any
property owner provided such failure be not intentional, shall not invalidate any amending
3.08
(1)
ordinance, or grant of conditional use of planned development. Such mailed notice shall not
nature that such notice would involve excessive administrative effort and expense and is not
be required where the Common Council determines that the change is of such comprehensive
written notice of changes in the district plan shall also be given to the Clerk of any municipality
necessary for reasonable notification of affected property owners. At least ten (10) days prior
whose boundaries are within 1000-feet of the land to be affected by the proposed change.
Failure to give such notice shall not invalidate any such change.
purpose for which the hearing is held, and shall include, in the case of map changes a
Information: Such notices shall state the time and place of such public hearing and the
change, in sufficient detail for general public identification. Reference shall also be made to
description of the area involved and in the case of text changes a description of the proposed
the fact that detailed descriptions are available for public inspection at the Clerk's Office.
Petitions Not Involving Zoning Change: Where such hearing is required by the provisions of
this ordinance as a result of a request for other than a zoning change or appearance before
the Board of Appeals, such request shall be presented to the Planning Department in writing,
and shall be accompanied by a map or description clearly identifying the property involved and
by a fee payable to the City, as from time to time established by Resolution of the Common
Council, to defray the cost of notifcation and holding of a public hearing. (Ord. #813 - 10-7-93)
Informal Hearings: Hearings not specifically required under the provisions of this ordinance
may be noticed as deemed appropriate by the body holding the hearing.
APPEAL PROVISIONS
Any person aggrieved, or any officer, department, board or bureau of the City affected by a
decision of the Administrative Officer, Planning Director or of the Plan Commission may
appeal such decision to the Board of Appeals as hereinafter established, provided such
appeal be taken within a reasonable time, as provided by the rules of said Board of Appeals,
Appeal Board. (Ord. #E52 - 10/20/94) and provided such appeal falls within the classification as set forth under the powers of the
Unless a variance from the basic zoning regulations is sought (e.g. a request for a 30 foot
building setback where a 50 foot setback is required by the regulations of the applicable
zoning district), this section shall not apply to decisions of the Plan Commission relating to the
following: Building, Site and Operation Plans; Signs of a temporary or permanent nature;
Residential Outbuildings; Conditional Use requests. In a case where a variance from the
basic zoning regulations is sought, the Plan Commission may file a recommendation with the
Board of Appeals outlining Its opinion and findings as they relate to the issue(s) being
appealed. (Ord. #852 - 10120194)
Any person aggrieved by any decision by the Common Council for the City of Muskego with
regards to this ordinance may request such review of such decision in accordance with the
procedures as set forth in Chapter 27 of the Municipal Code for the City of Muskego and/or
Chapter 68 of the Wisconsin Statutes. (Ord. #852 - 10/20/94)
Board of Appeals:
(a) Establishment: (Am. #162) There shall be a Board of Appeals consisting of 5 members
appointed by the Mayor, subject to confirmation by the Common Council, for terms of 3
years, except that of those first appointed, one shall serve for 1 year, 2 for 2 years and 2
for 3 years. Members shall serve without compensation, and shall be removable by the
Mayor for cause upon written charges and afler public hearing. Vacancies shall be filled
for the unexpired terms of members whose terms become vacant. The Mayor may
appoint. for staggered terms of 3 years, 2 alternate members of such board, in addition to
the 5 members above provided for Annually, the mayor shall designate one of the
alternate members as 1st alternate and the other as 2nd alternate. The 1st alternate shall
or when a member is absent. The 2nd alternate shall so act only when the 1st alternate
act, with full power, only when a member of the board refuses to vote because of interest
so refuses or is absent or when more than one member of the board so refuses or is
absent. The above provisions, with regard to removal and filling of vacancies, shall apply
to such alternates.
(b) General Rules:
1 The Mayor shall designate one of the members chairman and the Board of Appeals
2. The Board of Appeals shall adopt rules governing its procedure consistent with the
(c) Meetings: Meetings of the Board shall be held at the call of the chairman and at such
other times as the Board may determine. Such chairman, or in his absence the acting
chairman, may administer oaths and compel the attendance of witnesses. All meetings of
the Board shall be open to the public. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other official action, all
of which shall be immediately filed in the office of the Board and shall be public record.
may designate such other officers and employ such employees as it feels necessary
terms of thls ordinance.
(d) Powers: The Board of Appeals shall have the following powers as defined by statue:
1 To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determination made by an administrative official in the
enforcement of this ordinance.
2. To hear and decide special exceptions to the terms of this ordinance upon which such
3. To authorize upon appeal in specific cases such variances from the terms of this
ordinance as will not be contrary to the public interest, where owing to special
conditions a literal enforcement of the provisions of this ordinance will result in
observed, public safety and welfare secured, and substantial justice done.
practical difficulty or unnecessary hardship, so that the spirit of this ordinance shall be
4. To permit, in appropriate cases, and subject to appropriate conditions and safeguards
in harmony with the general purpose and intent of the ordinance, a building or
premises to be erected or used for such public utility purposes in any location which IS
reasonably necessary for the public convenience and welfare.
(e) Additional Requirements: In making its determination the Board shall consider whether
the proposed exception, or variance would be hazardous, harmful, noxious, offensive or a
nuisance to the surrounding neighborhood by reason of physical, social or economic
effects; and may impose such maintenance and operation - as the Board may deem
necessary for the protection of adjacent properties and the public interest and welfare.
(f) Performance Standards: In order to reach a fair and objective decislon the Board may
model codes or ordinances or which have been developed by planning, manufacturing,
utilize and give recognition to appropriate performance standards whlch are available to
health, architectural, and engineering research organizations.
(9) Enforcement of Decision: In exercising the above mentioned powers, such Board may, in
conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may
modify the order, .requirements, decision or determination appealed from, and may make
such order, requirement, decision or determination as ought to be made, and to that end
direct the issue of a permit provided that no such action shall have the effect of permitting
shall have all the powers of the officer from whom the appeal is taken, and may issue or
special exception where such grant is not specifically assigned to the Board for
in any district a use prohibited in that district; of rezoning; of granting a conditional use or
determination under this ordinance; of permitting, without the approval of the Plan
Commission any building within the base setback area as hereinafter established by the provisions of this ordinance.
Board is required to pass under thls ordmance.
(h) Required Vote: The concurring vote of 4 members of the Board shall be necessary to
reverse any order, requirement, decision or determination of any such administrative
official, or to decide in favor of the applicant on any matter upon which it is required to
pass under this ordinance, or to effect any variation therefrom. The grounds of every such
determination shall be stated.
(i) Further Appeal: Any person or persons aggrieved by any decision of the Board of
Appeals, or any taxpayer, or any officer, department, board or bureau of the municipality
may appeal from a decision of the Board of Appeals within 30 days after the filing of the
decision in the office of the Board of Appeals in the manner provided in Section 62.23 (7)
(e) 10. of the Wisconsin Statutes.
(5) PROCEDURE:
(a) Filing: A notice of appeal shall be filed with the Planning Department by completing the
approved application form, supplying a recent plat of survey completed by a Registered
Land Surveyor, and submitting a detailed explanation of the request. At the time of
application a fee as from time to time established by Resolution of the Common Council
shall be submitted to defray the cost of giving notice, investigation, and other
administrative processing. The Planning Director shall forthwith transmit to the Board
the action appealed from was taken.(Ord. #E04 - 7-13-93)
and/or any other affected officer of the City; all papers constituting the record upon which
(b) Stay: An appeal shall stay all legal proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the Board of Appeals
after the notlce of appeal shall have been filed with him, that by reason of facts stated in
the certificate a stay would, in his opinion, cause imminent peril to life or property. In such
cases, proceedings shall not be stayed otherwise than by a restraining order which may
be granted by the Board of Appeals or by a Court of record on application, on notice to the
officer from whom the appeal is taken and on due cause shown.
(c) Hearing: Each appeal shall be heard within 40 days from the time of filing and public
to the parties in Interest. Such notice however shall require only one publication which
notice of such hearing shall be given as provided by sec. 3.07 of this Ordinance as well as
shall not be less than one week prior to the date of the hearing. Any party may appear in
person, or by agent or by attorney representing him.
(d) Decision: The Board of Appeals shall render its decision in writing within 15 days afler
completion of the hearing thereon.
(e) Special Exceptions: Requests for special exceptions upon which the Board of Appeals is
required to pass under the provisions of this Ordinance shall be presented by petition and
a public hearing held thereon as provided for appeals.
3.09 PENALTIES
(1) Penalties: Any person, firm, company, or corporation who violates, disobeys, omits, neglects
or refuses to comply with, or who resists the enforcement of any of the provisions of this
ordinance, shall be subject to a forfeiture of not less than $10.00 and not to exceed the sum of
thereof, shall be imprisoned in the County Jail of Waukesha County, for a period not to exceed
$200.00 for each offense, together with the costs of the action, and in default of the payment
6 months, or until such forfeiture and the subsequent costs have been paid, Each day that a
violation is permitted to exist shall constitute a separate violation and be punishable as such.
(2) Enforcement By Injunction: Compliance with the provisions of this Ordinance may also be
enforced by injunction order at the suit of the City or one or more owners of real estate
situated within an area affected by the regulations of this ordinance,
(3) Declared Nuisances: Any building erected, structurally altered, or placed on a lot, or any use
carried on in violation of the provislons of this ordinance is hereby declared to be a nuisance 0
per se, and the City may apply to any Court of competent jurisdiction to retrain or abate such nuisance.
3.10 SEVERABILITY
The several sections, subsections and paragraphs of this Ordinance are hereby declared to be severable. If any section, subsection, paragraph, or subparagraph of this ordinance shall
be declared by a decision of a Court of competent jurisdiction to be invalid, such decision shall
invalid portion or paragraph may be a part.
not affect the validity of the other provisions of the ordinance, or of the section of which the
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 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 4: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS DAY OF ,2001
CITY OF MUSKEG0
David L. DeAngelis, Mayor
First Reading:
ATTEST.
Cover Ordinance Published on the - day
of ,200 1
Clerk-Treasurer