ORD20031136COMMON COUNCil. CITY OF MUSKEGO
ORDINANCE #1136
. AN ORDINANCE TO IMPOSE A MORATORIUM ON CERTAIN PARCELS lOCATED
IN A POTENTIAL
OWP WEll HEAD PROTECTION OVERLAY ZONING DISTRICT
IN THE CITY OF MUSKEGO
(Moorland and Janesville)
THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOllOWS:
SECTION 1: Certain properties located in the SE 1/4 of Section 2, SW 1/4 of Section
3, are zoned for commercial use. Said parcels are identified by the following Tax Key
Numbers and existing zoning:
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Tax Key Number Existing Zoning
MSKC 2167.993 B-3
MSKC 2167.994 B-3
MSKC 2172.998 B-3
MSKC 2172.998.002 B-3
MSKC 2172.999 B-3 RSE
MSKC 2167.995.007 B-3/0PD
MSKC 2167.995.008 RSE B-3/0PD
MSKC 2167.995.009 B-3/0PD
MSKC 2167.995.010 B-3/0PD
MSKC 2167.995.011 B-3/0PD
MSKC 2167.995.012 B-3/0PD
MSKC 2167.995.013 B-3/0PD
MSKC 2167.995.014 B-3/0PD
MSKC 2167.995.015 B-3/0PD
SECTION 2: Certain properties located in the SE 1/4 of Section 2, SW 1/4 of Section
3, and NE 1/4 of Section 10 are depicted in the adopted 2010 Comprehensive Plan as
being suitable for development and the Common Council may wish to grant a rezoning
in accordance with'the recommendations of said Plan. Said parcels are identified by
the following Tax Key Numbers and existing zoning:
Tax Kev Number Existing Zonina
MSKC 2167.995.016 RSA/OPD
MSKC 2167.995.017 RSA/OPD
MSKC 2167.995.018 RSA/OPD
MSKC 2197.249.002 RS-2
MSKC 2197.249.003 RS-2/0IP
MSKC 2202.999.001 RS-2/0IP
. SECTION 3: The properties identified in SECTION 1 and SECTION 2 of this Ordinance
are located in an area identified in the Ruekert & Mielke report "Report on Water Supplv
Facilities. 2001 Update" as an area for the exploration of a future municipal water
supply source. (See Map attached)
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Ordinance # 1136 Page 2
. SECTION 4: The OWP OVERLAY WELLHEAD PROTECTION DISTRICT was created
by Ordinance #980 as Section 9.11 of Chapter 17 of the Municipal Code of the City of
Muskego and identifies Permitted Uses and Prohibited Uses in the OWP District. The
following uses are prohibited uses within the Primary Well Head Protection Area:
1. Animal waste storage facilities,
2. Asphalt products manufacturing,
3. Bulk fertilizer and pesticide storage facilities,
4. Bus or truck terminals,
5. Dry cleaning facilities,
6. Electroplating,
7. Exterminating shops,
8. Garage and vehicular towing,
9. Gas stations,
10. Hazardous and toxic materials storage and use,
11. Hazardous and toxic waste facilities,
12. Junk yards or auto salvage yards,
13. Landfills or waste disposal facilities,
14. Non municipal spray wastewater facilities,
15. Non municipal wastewater treatment facilities,
16. Paint and coating manufacturing,
17. Printing shop,
18. Public and municipal maintenance garages,
19. Radioactive waste facilities,
20. Salt Storage,
21. Seepage and/or sludge spreading,
22. Tire and battery services,
23. Underground storage tanks,
24. Vehicle repair establishments, including auto body repair, and
25. Waste Transfer Stations.
.
The following uses are prohibited uses within the Secondary Well Head
Protection Area:
1. Animal waste storage facilities,
2. Bulk fertilizer,
3. Garage and vehicular towing,
4. Gas stations,
5. Underground storage tanks,
6. Vehicle repair establishments, including auto body repair and, '
7. Landfills or waste disposal facilities.
SECTION 5: Properties are rezoned to the OWP District when they fall within the
Wellhead Protection District of each municipal well.
.
SECTION 6: Effective immediately the City of Muskego establishes a four-month
moratorium on approval of land uses prohibited in Wellhead Protection Zones as
detailed in Section 17:9.11 of the Municipal Code on properties identified in SECTION 1
and SECTION 2 above, in order for the City to establish the location of additional
municipal water supply sources and to determine if OWP zoning will be placed on said
properties. The Common Council may extend the moratorium by resolution if
necessary for purposes stated in this paragraph for an additional four months.
.
.
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Ordinance #1136 Page 3
SECTION 7: Any person who believes they should not be affected by this moratorium
may petition the Common Council for a waiver from the effects of the moratorium based
upon the following criteria: 1) The petitioner claims to have vested rights which cannot
be affected by any subsequent rezoning; and/or 2) The petitioner claims other legal
basis for which they should be deemed exempt from the moratorium.
SECTION 8: 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 invaliçJ, 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 ordinances whose terms are in conflict
with the provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 9: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 25th DAY OF ___March ,2003.
CITY OF MUSKEGO
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ATTEST:
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First Reading: 3/11/03
Published this 3rd day of April, 2003
3/03 jmb
Proposed Moratorium Area:
OWP Prohibited Uses
AVENUE
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Legend
- Right-of-way
~ [:2:] Proposed Moratorium Area
D Property Parcels W+E
- Structures S
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1,000
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500 0 1,000
-Feet