ORD20031151f')
COMMON COUNCIL- CITY OF MUSKEGO
ORDINANCE #1151
AN ORDINANCE TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
(Business Park Districts)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 17, Section 4.01(1) of the Municipal Code of the City of Muskego,
Wisconsin is hereby amended to add the following Base Districts:
BP-l Business Park and Office Park Support
BP-2 Office Park
BP-3 Business Park
SECTION 2: Chapter 17, Section 6.09(6)(h) is hereby repealed and recreated as follows:
(h) Table of Sign Dimensional Reqnirements:
f)
ZONING WALL SIGNS PROJECTING GROUND & POLE OFFSET REQUIRED MAXIMUM
DISTRICT (%OFWALL SIGNS SIGNS (Side SETBACK POLE
AREA) (max.Ft.') (ft.') (I) (2) (yard) EQUAL TO SIGN
POLE SIGN HEIGHT
HEIGHT (3) FEET (4)
B-1 3% 35 10 to 45 3' " 20
B-2 5% 55 30 to 65 3' " 20
B-3 5% 55 30 to 65 3' " 20
B-4 5% 55 30 to 65 3' " 20 to 30
BP-I 3% 55 30 to 65 3' " 20
BP-2 3% 55 30 to 65 3' " 20
BP-3 3% 55 30 to 65 3' " 20
I-I 5% 35 10 to 45 3' " 20
1-2 5% 35 IOt045 3' " 20
OIP 3% 35 10 to 45 3' " 20
OHS 5% 55 30 to 65 3' " 20 to 30
OOS 3% 35 IOt045 3' " 20
NOTES
(I) Square footage may be increased to the second number at a rate of one (1) square foot for each additional I 0 feet of lot frontage, after the first 50
feet of frontage, up to 300 feet of frontage. In addition, square footage may be increased by one (1) square foot for every two (2) feet additional
setback up from the requIred setback to a maximum of a 40-foot setback from the base setback line.
(2) Square footage may be incrensed from the value found in Note I above a maximum of 20-percent for all grcund and pole signs located on
properties abutting major rural arterial streets, and if said streets become urban arterials, said signs shall be deemed to be legal non-conforming
pursuant to Section 17:4.06. .
(3) Ground signs may be located with zero foot setback from the setback line. See Section 17:6.09(6)(d)
(4) Height may be increased to the second number at the rate of one (1) foot for every two (2) feet additional setback from the required setback.
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Ord. #1151 Page 2
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SECTION 3: Chapter 17, Section 8.145 of the Municipal Code of the City of Muskego,
Wisconsin is hereby repealed in its entirety.
SECTION 4: Chapter 17, Section 8.146 of the Municipal Code of the City of Muskego,
Wisconsin is hereby created to read as follows:
8.146 BP-l BUSINESS PARK AND OFFICE PARK SUPPORT DISTRICT
STATEMENT OF INTENT
This District is intended to provide space for mixed retail, office and commercial uses which are
customarily found adjacent to high quality office park and business park developments. This
District encompasses high visibility lands typical of office park entryways and community
gateways.
Basic Parcel Regulations. See Section 5 for general enabling and qualifying legislation.
Sewered
(I)Lot Size (2)Lot Width (3)Unit Density (4)Open Space
40,000 sq ft 150 feet n/a 33%
Unsewered
(S)Lot Size (6)Lot Width (7)Unit Density (8)Open Space
40,000 sq ft 150 n/a 33%
.~ B . S turR I . S S 5tì al bl' d rfyi I . I f aSlc truc e egu atlOns. ee ectlOn or gener ena mg an aua I ng egis a IOn.
(9)Buildin2 Location (lO)Buildin2 Size (ll)Buildinl! Heil!ht
Minimum Min. Floor Area Offset
Multi
Minimum
Family
Max. Principal Accessory Oue All Other l"Floor per
Selback Side Sides Total
D.U. F.A.R. Structure Structure
40 20 20 n/a n/a n/a 65% 30 30
(12) Permitted Uses
.
A. PERMITTED USES BY RIGHT
The following uses subject to approval by the Plan Commission of a Building Site and
Operation Plan:
1. Administrative and public service offices.
2. Single or multiple tenant professional offices of an architect, landscape architect, lawyer,
doctor, dentist, professional engineer, or other similar recognized profession.
3. Medical clinics and hospitals.
4. Finance, insurance, and real estate offices.
5. Public Utility offices and installations.
6. Hotels.
7. Banquet and meeting facilities
Ord. #1151 Page 3
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8. Restaurants without drive through facilities and without in-vehicle dining
accommodations.
9. Specialized retail or customer service establishments of less than 20,000 square feet in
floor area, and of a generally restrictive nature including but not limited to the following:
a. Printing.
b. Delicatessen or coffee shop.
c. Florist shop.
d. Gift shop.
e. Interior Decorator.
B. PERMITTED ACCESSORY USES
1. Off-street parking, service and loading facilities. (See Section 17:6.04 and 17:6.05 of this
Code)
2. Signs as permitted by Section 17:6.09 of this Code.
3. Structures and uses ancillary to an approved Permitted Use by Right, and approved by the
Plan Commission as part of a Building Site and Operation Plan.
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C. PERMITTED USES BY CONDITIONAL GRANT
1. Specialized retail or customer service establishments as described in Section
17:8.146(A)(9) of this Code which are in excess of20,000 square feet of floor area.
2. Day Care facilities.
3. Research Laboratories.
4. Indoor health and fitness facilities.
5. Rustic Structures pursuant to Section 17:6.03(3)(E) of this Code.
D. ADEQUATE PUBLIC FACILITIES REQUIRED
No Building Site and Operation Plan, Preliminary Plat, Final Plat, Certified Survey Map, or
Conditional Use Grant shall be approved in the BP-l District unless on the date of such approval
there exists a valid and current Certificate of Adequate Public Facilities granted pursuant to
Section 17:6.01 of this Code, and applicable to the project for which approval is sought.
SECTION 5: Chapter 17, Section 8.147 of the Municipal Code of the City of Muskego,
Wisconsin is created to read as follows:
8.147 BP-2 OFFICE PARK DISTRICT
STATEMENT OF INTENT
This District is intended to provide space where high quality office and professional uses are
arranged in campus like settings in an attractive and orderly grouping. This District is further
intended to prohibit uses which are high impact with regards to noise, visible emissions, odors,
and vibration which are typical of intensive industrial developments.
. Basic Parce Regulations. See Section 5 for general enabling and qualifying legislation.
Sewered
(I)Lot Size (2)Lot Width (3)Unit Density (4)Open Space
60,000 sq ft 200 ft nla 40%
1
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Ord. #1151 Page 4
Unsewered
(5)Lot Size (6)Lot Width (7)Unit Density (8)Open Space
435,600 sq ft 500 ft n/a 90%
fi bl" l"fyi 1 . 1 .
n. al d C. Basic Structure Regt11ations. See Section 5 or gener ena mgan .aual ng egis aho
(9)Buildin2Locaûon (lO)Buildin!! Size (ll)Buildin!! Hei!!ht
Minimum Min. Floor Area Offset
Multi
Minimum
Family
Max. Principal Accessory One All Other I"Floor per
Setback Side Sides Total
D.U. FAR. Structure Structure
40 20 20 5,000 n/a n/a 80% 40 30
(12) Permitted Uses
A. PERMmED USES BY RIGHT
The following uses subject to approval by the Plan Commission of a Building Site and Operation
Plan:
1. Administrative and public service offices.
2. Single or multiple tenant professional offices of an architect, landscape architect, lawyer,
doctor, dentist, professional engineer, or other similar recognized profession.
3. Finance, insurance, and real estate offices.
4. Public Utility offices and installations.
5. Hotels.
6. Banquet and meeting facilities
B. PERMmED ACCESSORY USES
1. Off-street parking, service and loading facilities. (See Section 17:6.04 and 17:6.05 of this
Code)
2. Signs as permitted by Section 17:6.09 of this Code.
3. Structures and uses ancillary to an approved Use Permitted by Right, approval by the
Plan Commission of a Building Site and Operation Plan
C. PERMITTED USES BY CONDITIONAL GRANT
1. Day Care facilities.
2. Research Laboratories.
3. Indoor health and fitness facilities.
4. Rustic Structures pursuant to Section 17:6.03(3)(E) of this Code.
D. ADEQUATE PUBLIC FAClLITffiS REQUIRED
No Building Site and Operation Plan, Preliminary Plat, Final Plat, Certified Survey Map, or
Conditional Use Grant shall be approved in the BP-2 District unless on the date of such approval
Ord. #1151 Page 5
there exists a valid and current Certificate of Adequate Public Facilities granted pursuant to
Section 17:6.01 of this Code, and applicable to the project for which approval is sought.
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E. OFF STREET PARKING LOCATION RESTRICTED
A maximum 20% of a parcel's off street parking shall be permitted between the right of way and
principal structure.
SECTION 6: Chapter 17, Section 8.148 of the Municipal Code of the City of Muskego,
Wisconsin is hereby created to read as follows:
8.148 BP-3 BUSINESS PARK DISTRICT
STATEMENT OF INTENT
This District is intended to provide space where high quality office and professional uses are
commingled with light manufacturing uses, and arranged in campus like settings in an attractive
and orderly grouping. This District is further intended to restrict uses which are high impact
with regards to noise, visible emissions, odors, and vibration which are typical of intensive
industrial developments by implementation of performance standards.
B . lR 1 . :6 al bI" d al"f" 1 '1 .
aslC Parce egu atlOns. See SectIon 5 or gener ena mg an . au I ymg egIs atlOn.
Sewered
(1 )Lot Size (2)Lot Width (3)Unit Density (4)Open Space
80,000 sq ft 150 ft n/a 33%
.~ Unsewered
(5)Lot Size (6)Lot Width (7) U nit Density (8)Open Space
435,600 sq ft 500 ft n/a 90%
B . S turR 1 . S S f 5:6 al bI" d al Iy' 1 . 1 f aslC truc e egu atlOns. ee ec Ion or gener ena mg an au I mg egIs a IOn.
(9)Buildin2Locaôon (10)Buildin2 Size nl)Buildinl! Heil!ht
Minimum Min. Floor Area Offset
Multi
Minimum
Family
Max. Principal Accessory One All Other l"Floor per
Setback Side Sides Total
D.D. FAR. Structure Structure
40 20 20 5,000 n/a n/a 80 40 30
(12) Permitted Uses
.
A. PERMITTED USES BY RIGHT
The following uses subject to approval by the Plan Commission of a Building Site and Operation
Plan:
1. Administrative and public service offices.
2. Single or multiple tenant professional offices of an architect, landscape architect, lawyer,
doctor, dentist, professional engineer, or other similar recogIlized profession.
3. Finance, insurance, and real estate offices.
4. Public Utility offices and installations.
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Ord. #1151 Page 6
5. Hotels.
6. Banquet and meeting facilities
7. Single or multiple tenant, non-smoke stack facilities for light manufacturing, assembly,
fabrication including indoor storage and warehousing of related materials, warehouse
facilities less than 50,000 square feet, excluding activities such as: heavy machining and
stamping; foundries; smelting; drop forging; mini-warehousing; hazardous and medical
waste disposal where such activity is a primary function of the facility; truck and
transportation terminals; motor vehicle assembly; petroleum products refining; raw
materials processing; and plating. Manufacturing and assembly activities and facilities
which, upon review by the Plan Commission for detailed Building Site and Operation
Plans, may meet the intent of this district are: millwork; machine tools; paper containers;
patterns; die casting; light metal fabrication; appliances; printing; lithographing;
blueprinting; photocopying; food and milk processing; soft drink bottling; dry cleaning
and dyeing; precision instruments; radio, television and electronics assembly no closer
than 500 feet to any residential district; mail order houses; sporting goods; apparel;
plastic products; shoes or other similar activities and facilities.
B. PERMITTED ACCESSORY USES
The following uses subject to approval by the Plan Commission of a Building Site and Operation
Plan:
1. Any accessory uses customarily associated with the permitted use, but excluding those
involving outside storage or display, or accessory structures such as garages or sheds.
2. Signs as permitted by Section 17:6.09 of this Code.
C. PERMITTED USES BY CONDITIONAL GRANT
The following uses may be permitted by way of Conditional Use Grant as approved by the Plan
Commission:
1. Day Care facilities.
2. Research Laboratories.
3. Indoor health and fitness facilities.
4. Warehousing and distribution facilities 50,000 square feet or greater in size, excluding
mini warehousing.
5. Industrial supply sales.
6. Wholesalers.
7. Factory direct or seconds stores as an accessory use to the primary manufacturing and/or
assembly operation.
8. Technical schools and training centers.
9. Rustic Structures as designated pursuant to 17:6.03 (3) E of this Code.
D. ADEQUATE PUBLIC FACILITIES REQUIRED
No Building Site and Operation Plan, Preliminary Plat, Final Plat, Certified Survey Map, or
Conditional Use Grant shall be approved in the BP-3 District unless on the date of such approval
there exists a valid and current Certificate of Adequate Public Facilities granted pursuant to
Section 17 :6.0 1 of this Code, and applicable to the project for which approval is sought.
Ord. #1l51 Page 7
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E. OFF STREET PARKING LOCATION RESTRICTED
A maximum 20% of a parcel's off street parking shall be permitted between the right of way and
principal structure.
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F. PERFORMANCE STANDARDS
1. Vibration: no operation or activity of, or related to the facility in question, shall transmit
any physical vibration that is above the vibration perception threshold of an individual at
or beyond the property line of the source. Vibration perception threshold means the
minimum ground or structure vibration motion necessary to cause a normal person to be
aware of the vibration by such direct means as, but not limited to, sensation by touch or
visual observation of moving objects.
2. Lighting: All outdoor lighting must be designed so as not to produce any intense glare or
lighting with the source directly visible beyond the boundary of the subject facility. High
pressure sodium vapor, down cast, cut off fixtures are required. No light source(s) or
object(s) of illumination shall be in excess of 12 foot candles, nor create a glare,
reflection or radiance so as to be determined a nuisance per Section 10 of the City Of
Muskego Municipal Code, nor shall they be detectable, at or beyond a five foot high
vertical plane along the property line of the source, at a value greater than .5 foot candles.
3. Odor: No operation or activity shall emit any substance or combination of substances in
such quantities that create an objectionable odor as defined in Chapter NR 400-499, Wis.
Adm. Code.
4. Particulate Emissions: No operation or activity shall emit into the ambient air ftom any
direction or portable source any matter that will affect visibility in excess of the
limitations established in Chapter NR 415, Wis. Adm. Code.
5. Visible Emissions: No operation shall emit into the ambient air ftom any direct or
portable source any matter that will affect visibility in excess of the limitations
established in Chapter NR 431, Wis. Adm. Code.
6. Hazardous Pollutants: No operation or activity shall emit any hazardous substances in
such a quantity, concentration or duration as to be injurious to human health or property,
and all emissions of hazardous substances shall not exceed the limitations established in
Chapter NR 445, Wis. Adm. Code.
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7. Noise: No continuous or intermittent noise ftom operations based, non-transient noise
shall be detectable at or beyond the property line of the source to a level greater than 65
dBA between the hours of 7:00 a.m. to 6:00 p.m., and to a level greater than 55 dBA
between the hours of6:01 p.m. to 6:59 a.m.
8. The storage or use of chemicals either solid, liquid or gas, shall be in compliance with all
federal, state and local regulations and subject to the following conditions:
a. The storage, utilization or manufacturing of materials or products ranging ftom
incombustible to moderate buming is permitted.
b. The storage, utilization or manufacturing of materials or products ranging ftom ftee
to active burning is permitted provided that said materials or products shall be
stored, utilized or manufactured within completely enclosed buildings having
incombustible exterior walls and protected throughout by an automatic fire
extinguishing system.
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Ord. #1151 Page 8
c. The manufacturing of flammable materials which produce explosive vapors or gases
is prohibited.
SECTION 7: 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 8: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 14th DAY OF October ,2003.
CITY OF MUSKEGO
ftl~fk~ Mark A Slocomb, Mayor
ATTEST:
~Þ1~ First Reading: 9/23/03
Second Reading: 10/14/03
Published on the 23rd day of October, 2003