ORD20131371-Chapter17 and Chapter18
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 Line or a
garage be permitted closer than twenty (20) feet to the Base Setback Line:
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.
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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:
(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. Where a lot abuts a district boundary line, the offset from such line in the district
of less restrictive use shall not be less than that required for the district of
more restrictive use.
32. 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.
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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.
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.
B. When such structure is damaged to the extent of more than 50% of its
current assessed value, it shall not be restored except in conformity with
the regulations of the district in which it is located.
C. Structure repairs and alterations to a non-conforming structure housing
shall not, as long as such use continues, exceed 50% of the assessed
value of the structure at the time the use became nonconforming.
D. 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.
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 and
a terrace of at least 3 feet in width shall be provided between any series of
such walls and provided further that along a street frontage no such wall
shall be closer than 3 feet to the base setback line. 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.
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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
16.04 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
(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
6.09(6)(h) 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. All changeable copy signs
approved by the Plan Commission after January 1, 2002 shall
be limited to two (2) lines of text. 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.)
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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
(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 a 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
Ord. #1371 Page 6
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.
(3) ACCESS. Every lot shall front or abut for a distance of at least 30’ 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 base 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
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.
PASSED AND APPROVED THIS DAY OF _ , 2013
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST: First reading: 03/26/2013
________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: