ORD20051186.
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1186
AN ORDINANCE TO AMEND CHAPTERS 1, 2, 17, 18 AND 41
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOllOWS:
SECTION 1: Chapter 1, Section 1.05 (2), of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
(2) PLAN COMMISSION
.
The Plan Commission shall consist of the Mayor who shall be its presiding officer, a
member of the Parks and Recreation Board, the City Engineer, an Alderman elected
annually by 2/3 vote of the Council, and three (3) citizen members, one of whom shall
be appointed annually by the Mayor and confirmed by the Common Council for a term
of three (3) years. If the Mayor recuses himself from acting as presiding officer
concerning any matter or matters, the Alderman member of the Plan Commission shall
act as the presiding officer and if said Alderman does not act, the commission shall
select a presiding officer. In the case of the Mayor's absence or inability pursuant to
Chapter 2:2.07, the "Acting Mayor" shall act as presiding officer, except when the Mayor
has recused himself as stated in the paragraph. In the event there is a vacancy in the
position of City Engineer, an additional citizen member may be appointed to serve until
the succeeding May 1st. When the position of City Engineer is appointed, such
engineer shall succeed to the commission when the term of the additional citizen
member expires. The Plan Commission shall have the powers and duties prescribed in
Sec. 62.23, Wis. Stats.
SECTION 2: Chapter 2, Section 2.07, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
2.07 PRESIDENT OF THE COUNCil
.
If the Mayor is absent at the designated time of any meeting, the President of the
Council shall preside, and during the absence or inability of the Mayor, shall have the
powers and duties of the Mayor, including, but not limited to, the powers of the Mayor
as a member of the Plan Commission as in part set forth in Chapter 1 :1.05(2), and
limited by that section, excepting that he shall not have the power to approve an act of
the Council which the Mayor has disapproved by filing an objection with the Clerk. He
shall, when so officiating, be styled, "Acting Mayor." The President shall be selected by
a majority vote of all members of the Council at the annual meeting on the third
Tuesday of April. In the absence of both the Mayor and the President of the Council,
the Clerk shall call the meeting to order and preside until the Council shall, by motion,
select an acting Mayor for that meeting. The Common Council President shall be a
member of the Finance Committee.
.
.
.
Ordinance #1186 Page 2
SECTION 3: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is
hereby amended to add the following definition:
Habitable Structure: A habitable structure shall be defined as any type of structure
designed and/or remodeled for residential use, which as constructed (including the
installation of utilities) would allow for normal unrestricted human occupancy. Final
decision as to whether any boathouse, would be considered habitable, will be
determined by the Engineering/Building Inspection Director.
SECTION 4: Chapter 17, Section 3.06 (2) (f) 2., is hereby amended to read as follows:
(2) Procedure:
(f) Action:
2. The Common Council shall not take action without first having Plan
Commission review the proposed change or amendments.
SECTION 5: Chapter 17, Section 6.01 (2), is hereby amended to read as follows:
6.01 ENGINEERING REGULATIONS
(2) Drainage:
A. Adequate Drainage Required: No principal building shall be erected,
structurally altered, or relocated on land which is not adequately drained at all
times nor which is subject to periodic flooding, nor so that the lowest floor
level is less than 2 feet above the highest anticipated seasonal ground water
level. An Occupancy Permit and Use Permit shall not be issued for any lot
where the grading plan approved for that lot at the time of its platting has not
been accomplished. (Am. #59)
B. Obstruction to Drainage Prohibited: The damming, filling, relocating or
otherwise interfering with the natural flow of surface water along any surface
water drainage channel or natural water course shall not be permitted except
with approval of the Plan Commission
C. Building Restricted Adjacent to Drainage Channels or Watercourses: No
building other than a bridge, dam, boathouse, or revetment subject to the
aforesaid approval, shall be erected, structurally altered or relocated within 10
feet of the ordinary high water line of surface water, drainage channel or 20
feet of the ordinary high water line of a natural watercourse nor so that the
lowest floor of said building is less than 2 feet above possible flood stage as
determined by the Engineering/Building Inspection Director.
SECTION 6: Chapter 17, Section 6.06 (7) B., is hereby amended to read as follows:
(7) Swimming Pools:
B. Surfaced terraces, sun decks, and walks shall be permitted no closer than
5 feet to a lot line where accessory to a private residential pool. In any
.
.
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Ordinance #1186 Page 3
other case they shall be permitted in accordance with the setbacks and
offsets for the property.
SECTION 7: Chapter 18, Sections 18.40 (1) (f) and 18.40 (1) (h) are hereby amended
to read as follows:
18.40 STREETS.
(1 ) ARRANGEMENT
(f) Public access shall be provided to all navigable stream or lake
shores. Such access shall be at least 60' in width platted to the low
watermark at intervals of not more than one-half mile as required
by 9236.16(3), Wis. Stats., unless greater intervals and wider
access is agreed upon by the City Plan Commission, the Wisconsin
Department of Natural Resources and the Department of
Agriculture, Trade and Consumer Protection. All platted public
access shall front on a public street, highway, parkway or other
public way.
(h) Street names shall not duplicate or be similar to existing street
names and existing street names shall be projected wherever
possible. Final approval of street names rests with the Common
Council, upon recommendation of the Plan Commission, Public
Works Committee and Police Department.
SECTION 8: Chapter 18, Section 18.50, is hereby amended to read as follows:
18.50 GENERAL
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities
Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural
Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate.
Such plans and standard specifications shall be submitted, reviewed and approved in
accordance with 9 18.72 of this chapter. The improving of a dedicated roadway to City
specifications may be waived by the Public Works Committee when three units or less
access a dedicated right-of-way.
SECTION 9: Chapter 18, Section 18.90, is hereby amended to read as follows:
18.90 GENERAL
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities
Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural
Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate.
Such plans and standard specifications shall be submitted, reviewed and approved in
accordance with 9 18.102 of this chapter. The improving of a dedicated roadway to City
.
.
.
Ordinance #1186 Page 4
specifications may be waived by the Public Works Committee when three units or less
access a dedicated right-of-way.
SECTION 10: Chapter 41, Section 41.06 (5), is hereby amended to read as follows:
41.06 DETAILED COMPONENTS OF THE COMPREHENSIVE PLAN
Section 62.23(2) of Wisconsin Statutes provides that the City of Muskego may from
time to time amend, extend or add to the Comprehensive Plan or carry out any part of
the subject matter in greater detail. The following are more detailed components of the
City of Muskego Comprehensive Plan, which shall therefore have the same force and
effect as the adopted Comprehensive Plan:
(5) General Design Manual adopted by the Plan Commission on March 17,
1998 and amended by the Plan Commission on December 7,2004.
SECTION 11: 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 ordinances whose terms are in conflict
with the provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 12: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 25th DAY OF JANUARY ,2005.
CITY OF MUSKEGO
&~J(g~~/ ar A. Slocomb, Mayor
First reading: 12/14/04
Second reading: 1/11/05
Deferred: 1/11/05
Published this 3rd
day of February, 2005
12/04 jmb
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1186
AN ORDINANCE TO AMEND CHAPTERS 1, 2, 17, 18 AND 41
OF THE MUNICIPAL CODE OF THE CITY 9F MUSKEGO
0, WISCONSIN DO ORDAIN THE COMMON COUNCil OF THE CITY OF MUSK
AS FOllOWS:
SECTION 1: Chapter 1, Section 1.05 (2), of the
is hereby amended to read as follows:
nicipal Code of the City of Muskego
(2) PLAN COMMISSION
y
"
.
t
The Plan Commission shall consist of t Ma~or in the case of the Mayor's
absence or inability pursuant to Chapt r 2:2$ the "Acting Mayor", who shall be
its presiding officer, a member of the P ks a~'Recreation Board, the City Engineer,
an Alderman elected annually by 2/ vote.tÐf the Council, and three (3) citizen
members, one of whom shall be appoi ed íl~-ually by the Mayor and confirmed by the
Common Council for a term of three 3) yeWs. In the event there is a vacancy in the
position of City Engineer, an additio al oijjzen member may be appointed to serve until
the succeeding May 1st. When he~p.. ition of City Engineer is appointed, such
engineer shall succeed to the mm. n when the term of the additional citizen
member expires. The Plan Com is~ shall have the powers and duties prescribed in
Sec. 62.23, Wis. Stats. ~ -
SECTION 2: Chapter 2, Se ion 2.07, of the Municipal Code of the City of Muskego is
hereby amended to read a 01l0~~:
2.07 PRESIDENT OF T E,c~NCll
~, If the Mayor is abse at thèj designated time of any meeting, the President of the
.;
Council shall presid
, and during the absence or inability of the Mayor, shall have the
powers and duties f the Mayor, including, but not limited to, the powers of the
Mayor as a me ber of the Plan Commission as in part set forth in Chapter
1 :1.05(2), excepting that he shall not have the power to approve an act of the Council
which the Mayor has disapproved by filing an objection with the Clerk. He shall, when
so officiating, be styled, "Acting Mayor." The President shall be selected by a majority
vote of all members of the Council at the annual meeting on the third Tuesday of April.
In the absence of both the Mayor and the President of the Council, the Clerk shall call
the meeting to order and preside until the Council shall, by motion, select an acting
Mayor for that meeting. The Common Council President shall be a member of the
Finance Committee.
. SECTION 3: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is
hereby amended to add the following definition:
Habitable Structure: A habitable structure shall be defined as any type of
structure designed and/or remodeled for residential use, which as constructed
.
.
.
Ordinance #1186 Page 2
(including the installation of utilities) would allow for normal unrestricted human
occupancy. Final decision as to whether any boathouse, would be considered
habitable, will be determined by the Engineering/Building Inspection Director.
SECTION 4: Chapter 17, Section 3.06 (2) (f) 2., is hereby amended to read as follows:
(2) Procedure:
(f) Action:
2. The Common Council shall not take action without first having Plan
Commission review the proposed change or amendments he3rd the
recommend3tion of the Pbn Commission.
SECTION 5: Chapter 17, Section 6.01 (2), is hereby amended to read as follows:
6.01 ENGINEERING REGULATIONS
(2) Drainage:
A. Adequate Drainage Required: No principal building shall be erected,
structurally altered, or relocated on land which is not adequately drained at all
times nor which is subject to periodic flooding, nor so that the lowest floor
level is less than ð 2 feet above the highest anticipated seasonal ground
water level. An Occupancy Permit and Use Permit shall not be issued for any
lot where the grading plan approved for that lot at the time of its platting has
not been accomplished. (Am. #59)
8. Obstruction to Drainage Prohibited: The damming, filling, relocating or
otherwise interfering with the natural flow of surface water along any surface
water drainage channel or natural water course shall not be permitted except
with approval of the Plan Commission
C. Building Restricted Adjacent to Drainage Channels or Watercourses: No
building other than a bridge, dam, boathouse, or revetment subject to the
aforesaid approval, shall be erected, structurally altered or relocated within 10
feet of the ordinary high water line of surface water, drainage channel or 20
feet of the ordinary high water line of a natural watercourse nor so that the
lowest floor of said building is less than J 2 feet above possible flood stage
as determined by the Engineering/Building Inspection Director Gfty
Engineer.
SECTION 6: Chapter 17, Section 6.06 (7) B., is hereby amended to read as follows:
(7) Swimming Pools:
B. Surfaced terraces, sun decks, and walks shall be permitted no closer than 5
feet to a lot line where accessory to a private residential pool. In any other
case they shall be permitted in accordance with the setbacks and offsets
for the property no closer than 10 feet to a lot line.
.
.
.
Ordinance #1186
SECTION 7:
following:
Page 3
Chapter 17, Section 9.04 (7) B. 3., is hereby amended to add the
9.04 OLS LAKE SHORE DISTRICT
(7) Permitted Uses (See 5.01)
B. PERMITTED ACCESSORY USES
3. One (1) boat house in addition to the accessory uses permitted by the
underlying district, and subject to the approval of the Planning Director, or
designee, upon payment of fees and receipt of permits as required and
amended from time to time, and subject to following:
(a.) Location: minimum 20 feet from the ordinary high water mark and
subject to the side yard offset provisions of the underlying district as
modified by the OLS overlay district effective with new construction
or relocations after November 15, 2001.
(b.) Height: not greater than 15 feet above the lowest grade.
(c.) Area: no greater than 525 square feet.
(d.) The boathouse must be designed and used principally for
the storage of boats and accessory marine equipment
normally used in the daily activities of lakefront property
and which typically includes a large overhead door for
primary access on the side of the structure facing the
water.
(e.) A boathouse may not be habitable as defined in Section
17:2.02 of the Municipal Code. Final decision as to
whether any boathouse, would be considered habitable,
will be determined by the Engineering/Building Inspection
Director.
SECTION 8: Chapter 18, Sections 18.40 (1) (f) and 18.40 (1) (h) are hereby amended
to read as follows:
18.40 STREETS.
(1 ) ARRANGEMENT
(f) Public access shall be provided to all navigable stream or lake
shores. Such access shall be at least ~ 60' in width platted to
the low watermark at intervals of not more than one-half mile as
required by 9236.16(3), Wis. Stats., unless greater intervals and
wider access is agreed upon by the City Plan Commission, the
Wisconsin Department of Natural Resources and the Department
of Agriculture, Trade and Consumer Protection. All platted public
access shall front on a public street, highway, parkway or other
public way.
.
.
.
Ordinance #1186 Page 4
(h) Street names shall not duplicate or be similar to existing street
names and existing street names shall be projected wherever
possible. Final approval of street names rests with the Common
Council, upon recommendation of the Plan Commission, Public
Samty Works Committee and Police Department.
SECTION 9: Chapter 18, Section 18.50, is hereby amended to read as follows:
18.50 GENERAL
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities
Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural
Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate.
Such plans and standard specifications shall be submitted, reviewed and approved in
accordance with 9 18.72 of this chapter. The improving of a dedicated roadway to
City specifications may be waived by the Public Works Committee when three
units or less access a dedicated right-of-way.
SECTION 10: Chapter 18, Section 18.90, is hereby amended to read as follows:
18.90 GENERAL
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities
Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural
Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate.
Such plans and standard specifications shall be submitted, reviewed and approved in
accordance with 9 18.102 of this chapter. The improving of a dedicated roadway to
City specifications may be waived by the Public Works Committee when three
units or less access a dedicated right-of-way.
SECTION 11: Chapter 41, Section 41.06 (5), is hereby amended to read as follows:
41.06 DETAILED COMPONENTS OF THE COMPREHENSIVE PLAN
Section 62.23(2) of Wisconsin Statutes provides that the City of Muskego may from time to time
amend, extend or add to the Comprehensive Plan or carry out any part of the subject matter in
greater detail. The following are more detailed components of the City of Muskego
Comprehensive Plan, which shall therefore have the same force and effect as the adopted
Comprehensive Plan:
(5) General Design Manual adopted by the Plan Commission on March 17,
1998 and amended by the Plan Commission on December 7, 2004.
SECTION 12: 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
.
.
.
Ordinance #1186 Page 5
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 13: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF ,2004.
CITY OF MUSKEGO
Mark A. Slocomb, Mayor
ATTEST:
First reading: 12/14/04
Second reading: 1/11/05
Deferred: 1/11/05
Clncl /!ß7eHc/t"/
Published this
day of ,2005 Clerk-Treasurer
12/04 jmb
.
.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1186
AN ORDINANCE TO AMEND CHAPTERS 1,2,17,18 AND 41
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as
follows:
SECTION 1: Chapter 1, Section 1.05 (2), of the Municipal Code of the City of Muskego,
Wisconsin is hereby amended and made a part of the unicipat Code of the City of Muskego
as adopted by Ordinance #1186.
SECTION 2: Chapter 2, Section 2.07, of the Munici al Code of the City of Muskego, Wisconsin
is hereby amended and made a part of the Munic' al Code of the City of Muskego as adopted
by Ordinance #1186.
SECTION 3: Chapter 17, Sections 2.02, 3.06 2) (f)~.,
~....". 6.01 (2), 6.06 (7) B. and 9.04 (7) B. 3.,
of the Municipal Code of the City of Muskeg , Wisco~ is hereby amended and made a part
of the Municipal Code of the City of Muskeg as adopted by Ordinance #1186.
r '
t, SECTION 4: Chapter 18, Sections 1 0 (1\Jf), 18.40 (1) (h), 18.50 and 18.90, of the
Municipal Code of the City of Muskego, isconshris hereby amended and made a part of the
Municipal Code of the City of Muskego s ad~,,~' by Ordinance #1186.
SECTION 5: Chapter 41, Section .06 (5~. of the Municipal Code of the City of Muskego,
Wisconsin is hereby amended and ade ~rt of the Municipal Code of the City of Muskego
as adopted by Ordinance #1186. I }o.
SECTION 6: A copy of said rdinan~ has been on file in the Office of the City Clerk-
Treasurer and open to public' spection for not less than two weeks prior to the date of this
Ordinance and said Ordinanc is h~ incorporated into the Municipal Code of the City.
;;c~:~Oo~ :~rti~~~h~~:~; h~c~~r~~Sb~~i~:~~~o~~ ~~~~~~f t~~~:t:~~~~~~:diC;i~~~~
be invalid, unlawful, or en ble, such decision shall apply only to the specific section or
portion thereof directl speci' in the decision, and not affect the validity of all other
provisions, sections portion thereof of the ordinance which shall remain in full force and
effect. Any other 0 dinance whose terms conflict with the provisions of this ordinance are
hereby repealed as to those terms that conflict.
SECTION 8: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS DAY OF ,2004
CITY OF MUSKEGO
Mark A. Slocomb Mayor
First Reading: 12/14104
Published on the day of ,2005
ATTEST:
Clerk Treasurer
12/04jmb
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.
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1186
AN ORDINANCE TO AMEND CHAPTERS 1,2,17,18 AND 41
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOllOWS:
SECTION 1: Chapter 1, Section 1.05 (2), of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
(2) PLAN COMMISSION
The Plan Commission shall consist of the Mayor or in the case of the Mayor's
absence or inability pursuant to Chapter 2:2.07 the "Acting Mayor", who shall be
its presiding officer, a member of the Parks and Recreation Board, the City Engineer,
an Alderman elected annually by 2/3 vote of the Council, and three (3) citizen
members, one of whom shall be appointed annually by the Mayor and confirmed by the
Common Council for a term of three (3) years. In the event there is a vacancy in the
position of City Engineer, an additional citizen member may be appointed to serve until
the succeeding May 1st. When the position of City Engineer is appointed, such
engineer shall succeed to the commission when the term of the additional citizen
member expires. The Plan Commission shall have the powers and duties prescribed in
Sec. 62.23, Wis. Stats.
SECTION 2: Chapter 2, Section 2.07, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
2.07 PRESIDENT OF THE COUNCil
If the Mayor is absent at the designated time of any meeting, the President of the
Council shall preside, and during the absence or inability of the Mayor, shall have the
powers and duties of the Mayor, including, but not limited to, the powers of the
Mayor as a member of the Plan Commission as in part set forth in Chapter
1: 1.05(2), excepting that he shall not have the power to approve an act of the Council
which the Mayor has disapproved by filing an objection with the Clerk. He shall, when
so officiating, be styled, "Acting Mayor." The President shall be selected by a majority
vote of all members of the Council at the annual meeting on the third Tuesday of April.
In the absence of both the Mayor and the President of the Council, the Clerk shall call
the meeting to order and preside until the Council shall, by motion, select an acting
Mayor for that meeting. The Common Council President shall be a member of the
Finance Committee.
SECTION 3: Chapter 17, Section 2.02, of the Municipal Code of the City of Muskego is
hereby amended to add the following definition:
Habitable Structure: A habitable structure shall be defined as any type of
structure designed and/or remodeled for residential use, which as constructed
(including the installation of utilities) would allow for normal unrestricted human
.
.
.
Ordinance #1186 Page 2
occupancy. Final decision as to whether any boathouse, would be considered
habitable, will be determined by the Engineering/Building Inspection Director.
SECTION 4: Chapter 17, Section 3.06 (2) (f) 2., is hereby amended to read as follows:
(2) Procedure:
(f) Action:
2. The Common Council shall not take action without first having Plan
Commission review the proposed change or amendments h03rd the
recommendation of tho Pl3n Commißßion.
SECTION 5: Chapter 17, Section 6.01 (2), is hereby amended to read as follows:
6.01
(2)
ENGINEERING REGULATIONS
Drainage:
A. Adequate Drainage Required: No principal building shall be erected,
structurally altered, or relocated on land which is not adequately drained at all
times nor which is subject to periodic flooding, nor so that the lowest floor
level is less than ð 2 feet above the highest anticipated seasonal ground
water level. An Occupancy Permit and Use Permit shall not be issued for any
lot where the grading plan approved for that lot at the time of its platting has
not been accomplished. (Am. #59)
B. Obstruction to Drainage Prohibited: The damming, filling, relocating or
otherwise interfering with the natural flow of surface water along any surface
water drainage channel or natural water course shall not be permitted except
with approval of the Plan Commission
C. Building Restricted Adjacent to Drainage Channels or Watercourses: No
building other than a bridge, dam, boathouse, or revetment subject to the
aforesaid approval, shall be erected, structurally altered or relocated within 10
feet of the ordinary high water line of surface water, drainage channel or 20
feet of the ordinary high water line of a natural watercourse nor so that the
lowest floor of said building is less than 3 2 feet above possible flood stage
as determined by the Engineering/Building Inspection Director GHy
Engineer.
SECTION 6: Chapter 17, Section 6.06 (7) B., is hereby amended to read as follows:
(7) Swimming Pools:
B. Surfaced terraces, sun decks, and walks shall be permitted no closer than 5
feet to a lot line where accessory to a private residential pool. In any other
case they shall be permitted in accordance with the setbacks and offsets
for the property no cloßcr than 10 feet to 3 lot linc.
SECTION 7:
following:
Chapter 17, Section 9.04 (7) B. 3., is hereby amended to add the
.
.
.
Ordinance #1186 Page 3
9.04 OLS LAKE SHORE DISTRICT
(7) Permitted Uses (See 5.01)
B. PERMITTED ACCESSORY USES
3. One (1) boat house in addition to the accessory uses permitted by the
underlying district, and subject to the approval of the Planning Director, or
designee, upon payment of fees and receipt of permits as required and
amended from time to time, and subject to following:
(a.) Location: minimum 20 feet from the ordinary high water mark and
subject to the side yard offset provisions of the underlying district as
modified by the OLS overlay district effective with new construction
or relocations after November 15, 2001.
(b.) Height: not greater than 15 feet above the lowest grade.
(c.) Area: no greater than 525 square feet.
(d.) The boathouse must be designed and used principally for
the storage of boats and accessory marine equipment
normally used in the daily activities of lakefront property
and which typically includes a large overhead door for
primary access on the side of the structure facing the
water.
(e.) A boathouse may not be habitable as defined in Section
17:2.02 of the Municipal Code. Final decision as to
whether any boathouse, would be considered habitable,
will be determined by the Engineering/Building Inspection
Director.
SECTION 8: Chapter 18, Sections 18.40 (1) (f) and 18.40 (1) (h) are hereby amended
to read as follows:
18.40 STREETS.
(1 ) ARRANGEMENT
(f) Public access shall be provided to all navigable stream or lake
shores. Such access shall be at least .fW 60' in width platted to
the low watermark at intervals of not more than one-half mile as
required by 9236.16(3), Wis. Stats., unless greater intervals and
wider access is agreed upon by the City Plan Commission, the
Wisconsin Department of Natural Resources and the Department
of Agriculture, Trade and Consumer Protection. All platted public
access shall front on a public street, highway, parkway or other
public way.
(h) Street names shall not duplicate or be similar to existing street
names and existing street names shall be projected wherever
possible. Final approval of street names rests with the Common
.
II
.
Ordinance #1186 Page 4
Council, upon recommendation of the Plan Commission, Public
Safety Works Committee and Police Department.
SECTION 9: Chapter 18, Section 18.50, is hereby amended to read as follows:
18.50 GENERAL
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities
Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural
Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate.
Such plans and standard specifications shall be submitted, reviewed and approved in
accordance with 9 18.72 of this chapter. The improving of a dedicated roadway to
City specifications may be waived by the Public Works Committee when three
units or less access a dedicated right-of-way.
SECTION 10: Chapter 18, Section 18.90, is hereby amended to read as follows:
18.90 GENERAL
All required improvements shall be constructed in accordance with plans and standard
specifications approved by the City Public Works Committee, Public Utilities
Committee, Engineering/Building Inspection Director, Wisconsin Department of Natural
Resources and Milwaukee Metropolitan Sewerage District, as may be appropriate.
Such plans and standard specifications shall be submitted, reviewed and approved in
accordance with 9 18.102 of this chapter. The improving of a dedicated roadway to
City specifications may be waived by the Public Works Committee when three
units or less access a dedicated right-of-way.
SECTION 11: Chapter 41, Section 41.06 (5), is hereby amended to read as follows:
41.06 DETAILED COMPONENTS OF THE COMPREHENSIVE PLAN
Section 62.23(2) of Wisconsin Statutes provides that the City of Muskego may from time to time
amend, extend or add to the Comprehensive Plan or carry out any part of the subject matter in
greater detail. The following are more detailed components of the City of Muskego
Comprehensive Plan, which shall therefore have the same force and effect as the adopted
Comprehensive Plan:
(5) General Design Manual adopted by the Plan Commission on March 17,
1998 and amended by the Plan Commission on December 7, 2004.
SECTION 12: 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 ordinances whose terms are in conflict
with the provisions of this ordinance are hereby repealed as to those terms that conflict.
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Ordinance #1186 Page 5
SECTION 13: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF ,2004.
CITY OF MUSKEGO
Mark A. Slocomb, Mayor
ATTEST: First reading: 12/14/04
Cover Ordinance Published this
day of , 2005
Clerk-Treasurer
12/04 jmb