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PCR2004126 RESOLUTION #P.C. 126-2004 RECOMMENDATION TO COMMON COUNCIL TO AMEND PORTIONS OF CHAPTERS 1, 2, 17, and 18 OF THE MUNICIPAL CODE WHEREAS, Sections 1:1.05(2), 2:2.07, 17:2.02, 17:9.04B, 17:3.06, 17:6.01(2)A, 17:6.01(2)C, 17:6.06(7)B, 18:18.40(1)f, 18:18.40(1)h, 18:18.53, 18:18.90 areas of the City of Muskego Municipal Code that need clarification and amendments, and WHEREAS, Planning staff has reviewed said Sections of the Municipal Code and forwarded recommendations as attached hereto, and WHEREAS, A public hearing has been scheduled to consider the matter on December 14, 2004. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached zoning ordinance amendments relating to Chapters 1, 2, 17, and 18 to the Common Council. Plan Commission City of Muskego Adopted: January 4, 2005 Defeated: Deferred: Introduced: January 4, 2005 ATTEST: Sandi Asti, Recording Secretary 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. 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. 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. 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 heard the recommendation of the Plan Commission. 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 3 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 City Engineer. 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. Chapter 17, Section 9.04 (7) B. 3., is hereby amended to add the following: 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. 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 100’ 60’ in width platted to the low watermark at intervals of not more than one-half mile as required by §236.16(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 Safety Works Committee and Police Department. 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 § 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. 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 § 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. 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.