ORD20071247COMMON COUNCIL - CITY OF Mm;KEGO
ORDINANCE #1247
AN ORDINANCE TO J~ME~ID CHAPTER 28, SECTIONS 28.02(2) AND CHAPTER 33,
SECTION 33.02 OF HiE MUNICIPAL CODE OF THE CITY OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: The City of Muskego is recreating the existing Chapter 17 Zoning Code and
certain code references require Ghanges to match the new Chapter 17 Code Sections.
SECTION 2: Chapter 28, Section 28.02(2) of the Municipal Code of the City of Muskego is
hereby amended to read a:) follows:
(2) CONTROL OF WATER QUALITY, WELLHEAD PROTECTION DISTRICT
Through the Wisconsin Legislative Act 410 (effective May 11, 1984), and as the
residents of the City of Muskego depend exclusively on groundwater for a safe drinking
water supply, it is n3cognized that certain land use practices and activities can seriously
threaten or degrade groundwater quality. As such, the Overlay Wellhead Protection
District (OWP), as described in Chapter 17, Section 1~1 was instituted to protect the City
of Muskego's municipal water supply and well fields. The regulations specify that the
OWP shall apply to all lands that lie within the five yeiar Time of Travel (TOT) of each
City of Muskego municipal well or 1,200 feet minimum, within the City of Muskego
corporate limits, and have a well head protection area delineated in a Well Head
Protection Plan aGceptl3d by the City. For speci1ïc guidelines on permitted and
prohibited uses with the OWP, please see Chapter 17:!3.11.
SECTION 3: Chapter 33, Sec:tions 33.02 of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
The provisions of THIS CODE shall govern the occupancy of any premises within the
City of Muskego for any commercial or industrial USI3. For purposes of THIS CODE,
"businesses" shall Include any individual or legal entity occupying a premises within the
City of Muskego for any commercial or industrial use. Exception: A "Home Occupation"
as defined by Chaptelr 17, Section 15.02, Section 22.02, and Section 18.01(3)5. of the
City of Muskego Zoniln~1 Ordinance shall not be subJiect to the requirements of THIS
CODE.
SECTION 4: The several s.ec:tions of this ordinance are declared to be severable. If any
section or portion thereof :)hall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenfon::eable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and noit 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 5: This ordinancE~ shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 23rd DAY OF Januarv ,2007.
Ordinance #1247 Page 2
ATTEST: First reading: 12/12/06
Deferred: 01/09/07
Published this 1st day of February, 2007
CO1\rvn~~'-JITY [ill K E\ 'J'-.;P\ f'Í'RS
AFFIDAVIT OF PUBLICATION
0002647338
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CITY OF MUSKEGO
PO BOX 0749
Mus keqo, WI 53150
Patti Guerrero he reby ~;ta tes that she 1S authorized by Journal
Sentinel Inc.. to certLfy on behalf of Journal sentinel Inc.., publisher
of Communi ty NeHspap2C3, public neHspapers of general circulation,
printed and publishet 1n No Paper Assigned; was published in the My
Community Now on 2/1/2007 ;that said printed cO:JY Has taken from said
printed neHspaper (s) ..
State of Wi3consin )
) SS:
County of MilHaukee)
Subscribed and SHorn befcre me this
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day of f~:b~..J..<5...{"c...
.., 1 ,2007 ..
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Notary Public State cf Wisconsin
My Commission Expire::: Lf--~ --07
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