ORD20131371-Chapter17 and Chapter18-Clean
(Ord. #1371 – 04-18-2013)
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1371
AN ORDINANCE TO AMEND CHAPTER 17,
SECTIONS 3.02, 5.02, 5.05, 6.02, 15.05, 16.06, 16.08, 16.09, 16.10 AND 20.07,
AND TO AMEND CHAPTER 18, SECTION 18.42,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Zoning and Land Division)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 17, Section 3.02 (9), of the Municipal Code of the City of
Muskego is hereby amended to add the following:
(9) DECISION
D. Expiration of a Variance. All work associated with an approved variance
request must be completed within eighteen (18) months from the date of
the variance approval, unless otherwise approved by the Zoning Board of
Appeals. For the purpose of this code section, “all work completed”
means that all final inspections must be approved and occupancy must be
granted.
SECTION 2: Chapter 17, Section 5.02 (2) B., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(2) SETBACKS
B. No building shall hereafter be erected, structurally altered, or relocated so
that it is closer to the Base Setback Line than the setback distance
hereinafter specified by the regulations of the district in which it is located
with the following exceptions applicable only where the setback
requirements affecting all properties are identical and provided that in no
case shall any building be permitted forward of the Base Setback:
SECTION 3: Chapter 17, Section 5.02, of the Municipal Code of the City of Muskego is
hereby amended to add the following:
5.02 BUILDING LOCATION
(8) Setbacks/Offsets from Public Lake Access Right-of-Ways: Any lot that shares a
lot line with a public lake access right-of-way will have the setback/offset from the
shared lot line treated as a side yard offset rather than front yard setback, based
upon the Zoning District in which it is located.
SECTION 4: Chapter 17, Section 5.02 (3) A., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
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(3) OFFSETS
The proximity of a building to any other lot line than a street line is regulated by
offset provisions as follows:
A. No building shall hereafter be erected, structurally altered, or relocated so that it is
closer to any lot line than the offset distance hereinafter specified by the regulations
for the district in which it is located except as follows:
1. In the case of any lot of record which has a minimum average width less than
that required by the district in which it is located, the offset from a side lot line
may be reduced proportionately to the ratio between the actual minimum average
width and the required minimum average width provided, however, that no offset
shall in any case be less than 1/2 the required offset.
2. In the case of single family attached, multiple family, commercial, or industrial
use structures two or more buildings on adjoining lots may be erected with
common or directly adjoining walls provided the requirements of the State
Industrial Code relative to such construction are complied with and provided that
at both ends of such "row" type buildings the applicable offset requirements shall
be complied with.
SECTION 5: Chapter 17, Section 5.05 (1), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
5.05 LOT SIZE
(1) MINIMUMS REQUIRED
No building shall be erected on a lot of less area or of minimum average width
less than hereinafter specified by the regulations of the district in which such
building is located, except where said lot is an existing lot of record which was
previously divided.
SECTION 6: Chapter 17, Section 6.02 (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(2) NON-CONFORMING STRUCTURES
For the purpose of administration such nonconformity shall be classified and
regulated as follows:
A. No such structure shall be expanded or enlarged except in conformity with the
regulations of the district in which it is located, unless said expansions or
enlargements do not get any closer than their existing distance from any lot
line and shall not exceed 50% of the assessed value.
B. Where any such use is discontinued for a period of twelve (12) consecutive or
for eighteen (18) accumulative months during any three (3) year period, any
future use of the structure shall conform to the regulations of the district in
which it is located.
Ord. #1371 Page 3
C. In this Subsection pursuant to Wisconsin Statutes Section 62.23(7)(hb) as to
repair and maintenance of certain non-conforming structures:
i. “Development Regulations” means the part of a zoning ordinance
enacted under this subsection that applies to elements including
setback, height, lot coverage and side yard.
ii. “Non-Conforming Structure” means a dwelling or other building that
existed lawfully before the current zoning ordinance was
enacted or amended but that does not conform with one or
more of the development regulations in the current zoning
ordinance.
This subsection does not prohibit, or limit based on cost, the repair, maintenance,
renovation or remodeling of a non-conforming structure.
SECTION 7: Chapter 17, Section 15.05 (8) F., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(8) FENCES & WALLS
Where anchored to supports embedded in the ground shall be considered
permanent structures and shall be subject to the following:
F. Retaining walls or decorative walls may be permitted anywhere on the lot
provided, however, that no individual wall shall exceed 6 feet in height.
When multiple walls are being installed, a terrace equal to half of the
tallest wall height must be provided between each of the multiple walls.
SECTION 8: Chapter 17, Section 16.06 (1) C., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
16.06 CERTAIN SIGNS PROHIBITED
(1) HAZARDS AND NUISANCES
No sign which creates a hazard or dangerous distraction to vehicular traffic or
a nuisance to adjoining property in the following ways shall be permitted in
any district:
C. No sign shall rotate nor have or be illuminated by moving or flashing
lights, except electronically controlled intermittent lights that are
permitted subject to approval by the Plan Commission under Section
16.09 (3) subject to their size not exceeding 25% of the area of the
combined square footage for both the electronic sign and main
identification sign.
SECTION 9: Chapter 17, Section 16.08 (6) B. 1., of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
16.08 SIGN REGULATIONS
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(6) Area: No free standing or wall sign shall exceed the height as hereinafter
specified by the regulations of the district in which it is located and as
summarized in the Table of Dimensional Requirements, per Section 16.08
(6) C.
B. Reader board sign (How calculated)
1. Reader board signs (Including electronically controlled signs)
shall not exceed 25-percent of the area of the main identification
sign and is to be part of the main identification sign face, a
separate face mounted on the same structure as the main
identification sign, or mounted on the building. In any case,
such a sign is in the total allowable square footage calculations
for all signage at a specific location as it applies to wall,
projection and freestanding signage. The height of the letters
installed on said signs shall conform to the values outlined in the
Table below. Size specifications as herein described shall not
apply to signs associated with theaters, churches, schools,
government, and other non-profit related services, clubs, and
organizations except to the extent as allowed by Planning
Commission and as regulated by the specific zoning district in
which it is located.
(The table that follows is not changed.)
SECTION 10: Chapter 17, Section 16.09 (3), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
16.09 OTHER PERMANENT SIGNAGE REQUIREMENTS
(3) Time/Temperature and LED devices: Time-and-temperature and LED
devices may be erected as wall signs or part of ground and monument
signs and shall meet the requirement attendant to those sign types. Time-
and-temperature and LED devices may display the time, the temperature,
activities occurring on the premises, and public events. The signs may
change messages or time/temperature every 3 seconds. Continual
scrolling of messages is not allowed. The requirements of Section 16.06
also apply. Colors and intensity of LED signage is under the sole
discretion of the Planning Commission. LED specifications must be
included as part of submittal if intended to be used.
SECTION 11: Chapter 17, Section 16.10 (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
16.10 TEMPORARY SIGNAGE
(2) Upon approval of the Community Development Director, a sign such as a
banner, changeable copy sign, sandwich board over twelve square feet,
etc. for the purpose of announcing a special event or sale, or for a similar
special informational purpose, may be permitted for a maximum of fifteen
Ord. #1371 Page 5
(15) days at a time. All temporary signs require a Sign Permit through the
Community Development Department before they can be placed on a site.
Temporary signs of this nature can only be approved on a single property
up to five (5) times a calendar year. If the property is occupied by only
one business, then only one temporary sign is allowed at a time. If the
property contains multiple tenants, then no more than two temporary signs
can be allowed at one time. Each business/tenant is allowed their own
fifteen day duration up to five (5) times a year. If a property has a
permanent changeable copy sign on site, then an additional temporary
changeable copy sign is not allowed at any time.
SECTION 12: Chapter 17, Section 20.07 (2), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
20.07 SWIMMING POOLS
In addition to the foregoing and Section 12.16 of the Chapter 12 License and Permits
Municipal Code, swimming pools shall be subject to the following:
(2) Pools and hot tubs should not be located any closer than the required
setback, per the Zoning District, to any right-of-way line and no closer than
10 feet to any other side and/or rear property line not adjacent to a right-
of-way. Surfaced terraces shall be permitted no closer than three (3) feet
to a lot line where accessory to a private residential pool. Sun decks shall
be permitted no closer than five (5) feet to a lot line where accessory to a
private residential pool. In any other case they shall be permitted within
the setbacks and offsets on the property.
SECTION 13: Chapter 18, Section 18.42 (3), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
18.42 LOTS. ACCESS. Every lot shall front or abut for a distance of at least 80’
on a public street/right-of-way and be at least 45’ on all proposed cul-de-
sacs.
(3) ACCESS. Every lot shall front or abut for a distance of at least 80’ on a
public street/right-of-way and be at least 45’ on all proposed cul-de-sacs.
SECTION 14: Chapter 18, Section 18.42 (9), of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
(9) WIDTH. Width of lots shall conform to the requirements of the zoning
ordinance or other applicable ordinance, and in no case shall a lot be less
than 80' in width at the setback line for that specific zoning district.
SECTION 15: 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
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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 16: This ordinance shall be in full force and effect from and after its passage
and publication.
th
PASSED AND APPROVED THIS 9 DAY OF _ APRIL , 2013
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST: First reading: 03/26/2013
________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: April 18, 2013