ORD20041161COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1161
r-- AN ORDINANCE EXTENDING A MORATORIUM ON LAND DIVISIONS,
REZONING PETITIONS, AND THE APPROVAL OF
BUILDING SITE AND OPERATION (BSO) PLANS
(MOORLAND ROAD CORRIDOR NORTH OF JANESVILLE ROAD)
(TAX KEY NOS. 2166.997, 2169.990, 2169.996, 2166.999, 2169.992,
2169.998,2169.986,2169.993,2169.999, 2169.987, 2169.994, 2172.998,
2169.988,2169.995,2172.998.002,2169.989,2169.995.001, 2172.999,
2169.991,2169.997 and 2166.998)
THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOllOWS:
WHEREAS, The City of Muskego Common Council adopted Ordinance #1146 on July
22, 2003 which established a six-month moratorium on all new land Divisions,
Rezoning Petitions, and Building Site and Operation Plan approvals to apply to
. properties which are currently zoned RS-1 Suburban Residence District and RSE
Suburban Estate District (Moorland Road Corridor I Tax Key Nos. 2166.997, 2169.990,
2169.996, 2166.999, 2169.992, 2169.998, 2169.986, 2169.993, 2169.999, 2169.987,
2169.994, 2172.998, 2169.988, 2169.995, 2172.998.002, 2169.989, 2169.995.001,
2172.999, 2169.991, 2169.997 and 2166.998 to insure sufficient time for the Plan
Commission and Common Council to study the draft Economic Development Strateqic
Plan and any necessary amendments to the 2010 Comprehensive Plan and the Zoning
Code of the City of Muskego; and
WHEREAS, The findings and conclusions of the draft Economic Development Strateqic
Plan are anticipated to require amendments to the 2010 Comprehensive Plan and the
Zoning Code of the City of Muskego; and
WHEREAS, The Common Council finds that time is necessary to consider and adopt
any such changes.
NOW, THEREFORE, be it ordained by the Common Council of the City of Muskego,
Waukesha County, Wisconsin, as follows:
SECTION 1: In order to insure sufficient time for the Plan Commission and Common
Council to study the draft Economic Development Strateqic Plan and any necessary
amendments to the 2010 Comprehensive Plan and the Zoning Code of the City of
Muskego, a ninety-day (90) moratorium is hereby established on all new land
Divisions, Rezoning Petitions, and Building Site and Operation Plan approvals to apply
to properties which are currently zoned RS-1 Suburban Residence District and RSE
Suburban Estate District (Moorland Road Corridor I Tax Key Nos. 2166.997, 2169.990,
2169.996, 2166.999, 2169.992, 2169.998, 2169.986, 2169.993, 2169.999, 2169.987,
2169.994, 2172.998, 2169.988, 2169.995, 2172.998.002, 2169.989, 2169.995.001,
2172.999,2169.991,2169.997 and 2166.998.
SECTION 2: That any land division procedure, rezoning procedure, or Building Site
and Operation Plan procedure which has been filed prior to the passage and
publication of this ordinance shall be exempt from the moratorium.
Ordinance #1161 Page 2
SECTION 3: That 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:
The petitioner claims to have vested rights which cannot be affected by
revisions to the comprehensive plan or any subsequent rezoning; andlor
The petitioner claims other legal basis for which they should be deemed
exempt from the moratorium.
In addition to the remedies provided herein, the Common Council may hear requests
for waivers for any land division procedure, rezoning procedure, or Building Site and
Operation Plan procedure where the petition may appear to be consistent with the goals
and objectives of the draft Economic Development StrateQic Plan.
1.
2.
SECTION 4: SEVERABILITY: 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 5: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 27th DAY OF Januarv ,2004.
CITY OF MUSKEGO
I~~~ 'Mark A. locomb, Mayor
ATTEST:
~Kh1~ C k-Treasurer
First reading: 1/13/04
Published this 5th day of February, 2004
1/2004 jmb
r