ORD20031126.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1126
AN ORDINANCE TO AMEND CHAPTER 17 OF
THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
TO CREATE SECTION 8.30
(HC-1 Tess Corners Historic Crossroads District)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 17 of the Municipal Code of the City of Muskego is hereby amended to
create Section 8.30 to read as follows:
8.30 HC-1 TESS CORNERS HISTORIC CROSSROADS DISTRICT
STATEMENT OF INTENT
Tlris District is intended to encourage mixed-use, compact development that is sensitive to the environmental
characteristics of the land and facilitates the efficient use of services. The District diversifies and integrates land
uses within close proximity to each other, and it provides for the daily retail and customer service needs of the
residents.
The District is designed to promote the development of land as a traditional neighborhood under urban conventions
that were the norm in the United States until the 1940's, characterized by the following design elements:
neighborhoods that are limited in size and oriented toward pedestrian activity; a variety of housing types, jobs,
shopping, services, and public facilities; residences, shops, workplaces, and civic buildings interwoven within the
neighborhood, all within close proximity; compatibility of buildings and other improvements as determined by their
arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment;
private bnildings that form a consistent, distinct edge and defme the border between the public street space and the
private block interior; and architecture and landscape that respond to the unique character of the region.
(1) BULK REGULATIONS (See Section 5 for general enabling and qnalifying language.)
(A) Lot Size (B) DensitV (C) Onen Snace
Minimum Min. Average Residential Lot Area Per DIU Minimum per Parcel
Area Width Lot Area Per DIU
7,200 SF 60' 5,000 2,500 SF
(D) Primary Structure Building Location
Min. Setback (from ROW) Max. Setback (from ROW) Minimum Offset
One Side All Other Sides
10' Lesser of 25' or average 5' 10'
setback of abutting parcels
(E) Primary Structure Bnilding Size (F) Building Height
Min. Residential Floor Area Floor Area Ratio Maximum Permitted
Single-Family Multi-Family Principal Accessory Structure
(per DIU) Structure 1" Floor Total
- 1,200 SF 1,000 SF 40% 35' See 17:4.05
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Ordinance #1126 Page 2
(G) Accessory Structure Building Location
Min. Setback (from ROW) Max. Setback (from ROW) Minimum Offset
One Side Ail Other Sides
25' N/A 5' 10'
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(2) USE REGULATIONS
A. Permitted Uses By Right
1. Single-family detached dweilings.
2. The foilowing subject to approval by the Plan Commission of building, site and operational plans.
(See section i7:6.12)
a. Single-family attached, Duplex, or Townhouse structures.
b. Retail stores and shops offering convenience goods and personal services and not exceeding 5,000
square feet of primary floor area:
i. Clothing Store
ii. Delicatessen, Produce/Meat Market
ili. LaundrylDry Cleaning Services
iv. Specialty Foods (Bakeries, Confectionaries, etc.)
v. Specialty Store (Books, Music, Toys, Sporting Goods, Stationery, etc.)
vi. Variety Store
vii. Other uses as determined by the Plan Commission as outlined in 17:5.01
c. Business, professional, or public service offices not exceeding 3,000 square feet of prhnary floor
area:
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i.
ii.
ili.
iv.
v.
vi.
vii.
viii.
Ix.
x.
xi.
xii.
xiii.
xiv.
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xv.
xvi.
xvii.
xviii.
Aècounting, Auditing, Bookkeeping, and Tax Preparation
Architectural, Engineering, Planning & Surveying Services
Bank, Bonding & Financial Institution/Facility (No Drive Thru Permitted)
Barber/BeautylHair Salon & Related Personal Care
Bed and Breakfast Establishments
Business Offices
Café, Coffee Shop, Diner, Restaurant
Credit Reporting & Coilection
Desktop Publishing & Graphic Design
Institutional Office: Public, Private, Educational, & Religious
Insurance, Stock Brokerages
Legal Services
Lessons (Art, Dance, Music, etc.)
MedicallDental Offices, including Veterinary
Photography Studio
Real estate
Tax Preparation
Other uses as determined by the Plan Commission as outlined in 17:5.01
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Ordinance #1126
d. Dwelling UÍ1its accessory to commercial uses.
e. Public administration offices and public service buildings.
f. Public utility offices and installations.
B. PERMITTED ACCESSORY USES
1. Private garages 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.
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 reqnired by the Common
Council and amended from time to time.
Page 3
3. Any other structure or use normally accessory to the principal uses permitted.
4. Home Occupations when incidental to the principal residential use, as outlined in 17:8.01(7)B.5
C. PERMITTED USES BY CONDITIONAL GRANT
1. The following subject to approval by the Plan Commission of Building Site and Operational Plans:
a. Pet Store.
b. Retail stores and shops offering convenience goods and personal services and exceeding 5,000
square feet of primary floor area.
c. Business, professional, or public service office exceeding 3,000 square feet of primary floor area.
SECTION 2: The several sections of this ordinance are declared to be severable. If any section
or portion thereof shall be declared by a decision of a court of competent jurisdiction to be
invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other provisions,
sections, or 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 is hereby
repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 28th DAY OF Januarv ,2003.
ATTEST:
~~- Me.." A. SIUC;Ulllb, Mi;I}'Of
'RnAtlßì:J '"e, p.etA/sk,'.
First reading: 1/14/03
II d"pc - pI,I/ Ý'tJ/Z
rj(.m~ ./ C k-Treasurer
1/2003jmb
Published this 6th day of February, 2003