ORD20181418-Schedule A
Muskego Schedule A
Schedule A
(As Referenced in § 1-18C)
The following changes are made throughout the Code:
References to specific chapters and sections of the Wisconsin Statutes and Wisconsin
Administrative Code are revised to reflect the numbering of the statutes and
Administrative Code as of the publication of this Code.
References to the "Department of Health and Social Services" and "Department of Health
and Family Services" are amended to "Department of Health Services."
References to the "Department of Industry, Labor and Human Relations" and
"Department of Commerce" are amended to "Department of Safety and Professional
Services."
References to "Board of Appeals," "Board of Zoning Appeals" and "Board of
Adjustment/Appeals" are amended to "Zoning Board of Appeals."
References to "Conservation Commission," "Parks and Recreation Board," "Park and
Recreation Board" and "Park Board" are amended to "Parks and Conservation
Committee."
References to "Chair" and "Chairman" are amended to "Chairperson."
References to "Alderman" and "Aldermen" are amended to "Alderperson" and
"Alderpersons" respectively.
References to "policeman" and "policemen" are amended to "police officer" and "police
officers" respectively.
References to "fireman" and "firemen" are amended to "firefighter" and "firefighters"
respectively.
References to "Public Works Superintendent" and "Director of Public Works" are
amended to "Public Works and Development Director or designee."
References to "Utility Superintendent," "Utilities Superintendent," "Water
Superintendent" and "Public Utilities Superintendent" are amended to "Public Works and
Development Director or designee."
References to "Public Utilities Committee," "Public Utility Committee," "Utility
Committee," "Public Water Committee," "Public Works Committee" and "Public Safety
Committee" are amended to "Public Works and Safety Committee."
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References to "Plan Department" and "Planning Department" are amended to "Planning
Division."
References to "Planning Director" and "Director of Planning" are amended to "Public
Works and Development Director or designee."
References to "Inspector of Buildings" and "Building Inspection Director" are amended
to "Building Inspector."
References to "Building Department," "Building Inspection Department," "Department of
Building Inspection" and "Inspection Department" are amended to "Building Inspection
Division."
References to "Finance Director" are amended to "Finance and Administration Director."
The term "registered land surveyor" is amended to "professional land surveyor."
The terms "certificate of occupancy" and "occupancy certificate" are amended to
"occupancy permit."
References to the City's Conservation Plan are amended to "Parks and Conservation
Plan."
The terms "building site and operation plan," "building, site and operational plan" and
"building site and operational plan" are amended to "building, site and operation plan."
Chapter 1, General Provisions.
Section 1-1A is amended to read as follows:
The term "Wisconsin Statutes" or "Wis. Stats.," wherever used in this Code, shall mean the
Wisconsin Statutes as of the adoption of this Code, as amended or renumbered from time to
time. The term "Wisconsin Administrative Code" or "Wis. Adm. Code," wherever used in
this Code, shall mean the Wisconsin Administrative Code as of the adoption of this Code, as
amended or renumbered from time to time.
Section 1-1E is added to read as follows:
The office of the City Treasurer was combined with the office of the City Clerk to form the
office of City Clerk-Treasurer by Charter Ordinance No. 14, adopted October 3, 1995. In this
Code, reference may be made to the Clerk-Treasurer or to the individual offices of Clerk and
Treasurer in order to reflect the respective responsibilities of each office. The Finance and
Administration Director serves as City Clerk and Treasurer. For purposes of this Code,
references to the City Clerk, Treasurer and Clerk-Treasurer shall be construed to mean the
Finance and Administration Director.
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Section 1-4A is amended to read as follows:
General penalty. Unless otherwise noted or specifically delineated in this Code, any person
who shall violate any of the provisions of this Code shall, upon conviction of such violation,
be subject to a penalty, which shall be as follows:
(1) First offense. Any person who shall violate any provision of this Code subject to a penalty
shall, upon conviction thereof, forfeit not less than $25 nor more than $5,000, together with
the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution
shall be imprisoned in the county jail until said forfeiture and costs are paid, for a time frame
under the discretion and authority of the Municipal Judge, but not to exceed 90 days.
(2) Second offense. Any person found guilty of violating any ordinance or part of an
ordinance of this Code who shall previously have been convicted of a violation of the same
ordinance within one year shall, upon conviction thereof, forfeit not less than $50 nor more
than $5,000 for each such offense, together with the costs of prosecution, and in default of
payment of such forfeiture and costs shall be imprisoned in the county jail until said forfeiture
and costs of prosecution are paid, for a time frame under the discretion and authority of the
Municipal Judge, but not to exceed 90 days.
Chapter 6, Administrative Review.
Section 6-1 is amended to read as follows:
Any person having a substantial interest which is adversely affected by administrative
determination of the Common Council, board, commission, committee, agency, officer, or
employee of the City or agent acting on behalf of the City as set forth in § 6-2 may have such
determination reviewed as provided in this chapter. The remedies under this chapter shall not
be exclusive.
Section 6-2 is amended to change "a fermented malt beverage or intoxicating liquor license" to
"an alcohol beverage license" in Subsection A and to delete the following subsection: "The
suspension or removal of a City officer or employee except as provided in § 27.03(2) and (7)."
Section 6-3D is amended to change "a fermented malt beverage or intoxicating liquor license" to
"an alcohol beverage license."
Section 6-3H is added to read as follows: "The suspension, removal, disciplining, or nonrenewal
of a contract of a municipal employee or officer."
The definition of "municipal authority" in § 6-4 is amended as follows: "Includes the Common
Council\[,\] and any board…"
Section 6-6 is amended to change "that such review may be obtained within 30 days" to "the time
within which such review may be obtained."
Section 6-8B is amended to change "appointed by the City Chairperson, appointed by the
Common Council, without confirmation" to "appointed by the Mayor, without confirmation."
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Section 6-8E is amended to change "that appeal may be taken within 30 days" to "the time within
which appeal shall be taken."
Section 6-9B is amended to read as follows: "If the person aggrieved did not have a hearing
substantially in compliance with § 6-10 when the initial determination was made, the person may
appeal under this section from the decision on review and shall follow the procedures set forth in
§§ 6-6 through 6-8."
Section 6-10 is amended to change "City Chairperson" to "Mayor" in Subsections A and B and to
delete the following subsection: "Hearing on initial determination. Where substantial existing
rights are affected by an initial determination, the municipal authority making such determination
shall, when practicable, give any person directly affected an opportunity to be heard in
accordance with this section before making such determination."
Section 6-11B is amended to read as follows: " A determination following a hearing substantially
meeting the requirements of § 6-10 or a decision on review under § 6-8 following such hearing
shall also be a final determination."
Section 6-12A is amended to add the following sentence: "The court may affirm or reverse the
final determination, or remand to the decision maker for further proceedings consistent with the
court's decision."
Section 6-13A is amended to read as follows: "The seeking of a review pursuant to § 6-9 or 6-12
does not preclude a person aggrieved from seeking relief from the Common Council or any of its
boards, commissions, committees or agencies which may have jurisdiction."
Chapter 12, Boards and Commissions.
Section 12-1E(2) is amended to read as follows: "The alternate member's attendance, when
requested by the Clerk, for dates when the Board of Review is in actual session."
Section 12-2 is amended to read as follows: "See § 400-17, Plan Commission, of Chapter 400,
Zoning."
Section 12-3 is amended to read as follows: "See § 400-18, Zoning Board of Appeals, of Chapter
400, Zoning."
Section 12-6 is amended to read as follows:
§ 12-6. Parks and Conservation Committee.
A. Composition. The Parks and Conservation Committee shall consist of six citizens who shall
be appointed annually by the Mayor and confirmed by the Council for a term of three
years, provided that the initial appointments shall be for terms of one, two, and three years,
respectively. One additional member shall consist of an Alderperson who shall be
appointed by the Mayor subject to confirmation of the Council. The Alderperson member
shall be appointed for a term of one year. All terms shall commence on May 1. The
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Alderperson shall serve so long as he/she holds the position.
B. Officers. The Mayor shall annually select a Chairperson.
C. Quorum. Attendance of four members of the Committee shall be necessary for a quorum.
D. Rules of procedure. The Committee shall adopt such Robert's Rules of Order for the
conduct of its proceedings.
E. Powers and duties. The Committee does not constitute a board of park commissioners
organized pursuant to the provisions of Ch. 27, Wis. Stats., and shall have the following
recommending powers and duties to the Common Council:
(1) To recommend improvements and uses for all municipally owned public parks, open
space, conservation areas, parkways, and public recreational property located within
or partly within and partly without the City and secure the quiet, orderly and suitable
use and enjoyment thereof by the people; also to recommend rules and regulations to
promote those purposes.
(2) To recommend acquisition in the name of the City for park, parkway, open space,
conservation land, boulevard, pleasure drive, or public recreational purposes, by gift,
devise, bequest or condemnation, either absolutely or in trust, money, real or personal
property, or any incorporeal right or privilege. Gifts to the City of money or other
property, real or personal, either absolutely or in trust, for park, parkway, boulevard,
pleasure drive or public recreational purposes shall be accepted only after they shall
have been recommended to and approved by the Common Council.
(3) To aid in compilation of the adopted Parks and Conservation Plan.
(4) To provide insight and implementation to the City's lakes, forestry, and conservation
programs.
F. Staff. Staff to the Committee shall consist of the Public Works and Development Director,
Recreation Manager, Conservation Coordinator, and such other employees as shall be
deemed necessary.
Section 12-7B is amended to revise the last sentence to read as follows: "The appointed
Alderperson shall serve a one-year term and the school district representative shall serve a three-
year term."
Original § 1.05(8), Civil Defense Commission, is repealed.
Section 12-9 is amended as follows: "An absence excused by the Mayor or committee board or
commission chairperson for good cause shall not be considered an absence hereunder."
Chapter 18, Court, Municipal.
Section 18-2A is amended to add the following: "Pursuant to § 755.02, Wis. Stats., the Municipal
Judge shall be elected for a four-year term unless a different term is prescribed by charter
ordinance."
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Section 18-2C is amended to read as follows: "The Municipal Judge shall execute and file with
the Clerk of the Circuit Court for Waukesha County the oath prescribed by § 755.03 and, if
required to do so by the governing body, an official bond in the penal sum of $5,000."
Section 18-2E(4) is amended to read as follows:
All forfeitures, fees, surcharges, and costs paid to the Municipal Court under a judgment
before the Municipal Judge shall be reported and paid to the Clerk-Treasurer within 30 days
after receipt of the money by the Municipal Court. The Clerk-Treasurer shall disburse the
fees as provided in Ch. 814, Wis. Stats. Court costs and fees for matters adjudicated by the
Municipal Court shall be set at the maximum amount allowed by the Wisconsin Statutes.
Chapter 24, Departments.
Section 24-1 is amended to read as follows:
There is hereby created a Police and Fire Commission consisting of five citizens, three of
whom shall constitute a quorum. The Mayor shall annually, between the last Monday of April
and the first Monday of May, appoint one member, subject to the confirmation of the
Council, for a term of five years and such person's name shall be filed in writing with the
Secretary of the Commission. The Commission shall keep a record of its proceedings.
Throughout Article I, "Board" is amended to "Commission."
Section 24-2 is amended to read as follows: "The Commission shall appoint the Chief of Police,
who shall hold his office during good behavior, subject to suspension or removal by the
Commission for cause."
Section 24-3A is amended to change "Chiefs" to "Chief."
Section 24-3B is amended to change "Departments" to "Department."
Section 24-3C is amended as follows: "over 18 and under 55 years of age."
Section 24-4B and D are amended to change "President" to "Chairperson."
Section 24-4J is amended to read as follows: "The provisions of Subsections A through I shall
apply to disciplinary actions against the Chief where applicable. In addition thereto, the
Commission may suspend the Chief pending disposition of charges filed by the Commission or
by the Mayor."
Section 24-6A is amended to change "Chiefs" to "Chief of Police."
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Chapter 24, Article III, is amended to change "Engineering Department" to "Public Works and
Development Department"; to change references to the City Engineer to the Public Works and
Development Director; and to make the following revision in § 24-14B(2): "Be responsible for
the review of engineering work associated with the maintenance, repair and construction of
streets, alleys, curbs and gutters…"
Chapter 30, Elections.
Section 30-2 is amended to read as follows:
§ 30-2. Election officials.
Pursuant to § 7.30(1)(a), Wis. Stats., the City of Muskego is authorized to adopt the following
provisions:
A. At each polling location there shall be a minimum of five election inspectors.
B. Additional officials utilized at a polling location will be at the discretion of the Clerk-
Treasurer.
C. The Clerk-Treasurer may also have the authority to hire two or more sets of officials to
work at different times on election day and establish different working hours for different
officials assigned to the same polling place.
D. Any election inspector may serve in any capacity, including alternates, at the discretion of
the Clerk-Treasurer in accordance with the Wisconsin Statutes.
Section 30-4, Spring primary election, is added to read as follows: "Whenever three or more
candidates file nomination papers for a City office, a primary election to nominate candidates for
the office shall be held."
Chapter 33, Emergency Management.
Sections 33-3C(10), 33-4 and 33-5 are amended to change "Emergency Management Plan" to
"Emergency Operations Plan."
Sections 33-3C(10) and D and 33-6D are amended to change the references to the County
Emergency Management Director to the County Emergency Management Coordinator.
Section 33-3D is amended to change "State Division of Emergency Government" to "State
Division of Emergency Management."
Sections 33-4B and 33-6B are amended to delete the references to the Muskego Volunteer Fire
Company.
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Section 33-6D is amended to change "DEG" to "Division of Emergency Management."
Section 33-8B is amended to read as follows: "Any person who shall violate any provision of this
chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided
in § 323.28, Wis. Stats."
Chapter 39, Finance and Taxation.
Section 39-1 is amended to read as follows: "Pursuant to § 70.65(1), Wis. Stats., the Clerk-
Treasurer shall enter local taxes in the tax roll, according to the format prescribed by the
Department of Revenue. The Clerk-Treasurer is not required to prepare tax receipts unless a
receipt is specifically requested by a person paying taxes."
Section 39-2D is amended to change "on or before the date due" to "by five working days after
the due date."
Section 39-2E is amended to change "on or before January 31" to "on or before five working days
after January 31."
Section 39-3 is amended to read as follows: "Pursuant to § 70.67(2), Wis. Stats., the City shall be
obligated to pay, in case the Clerk-Treasurer shall fail to do so, all state and county taxes required
by law to be paid to the County Treasurer."
Section 39-4 is amended to read as follows:
§ 39-4. Procedure for approving financial claims.
A. Claims to be certified.
(1) Prior to submission of any account, demand, or claim to the Common Council for
approval of payment, the Finance and Administration Director shall certify, by
indicating approval of each claim, that the following conditions have been
complied with:
(a) Funds are available in the budget to pay the claim;
(b) The item or service covered by the claim has been authorized by the
proper official, department head, board, or commission; and
(c) The claim is accurate in amount and a proper charge against the treasury.
(2) The Finance and Administration Director may require the submission of such
proof and evidence to support the foregoing as the Finance and Administration
Director considers necessary.
B. Finance Committee report. The Finance Committee shall recommend to the Common
Council the approval or disapproval of each account, demand, or claim. Upon said
recommendation, the accounts, demands, and claims contained therein shall be approved or
disapproved, as the case may be by the Common Council or the Mayor in the event where a
meeting has been cancelled.
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C. Payment of regular wages or salaries. Regular wages or salaries of City officers and
employees shall be verified by the proper City official or department head and filed with
the Finance Department in time for payment on the regular pay day.
Section 39-6A is amended to read as follows:
On or before October 1 of each year, each officer, department and committee shall file with
the Finance and Administration Director an itemized statement of disbursements made to
carry out the powers and duties of such officer, department or committee during the
preceding fiscal year and detailed estimates of the same matters for the current fiscal year and
for the ensuing fiscal year. Such statements shall be presented in the form prescribed by the
Finance and Administration Director and shall be designated as "Departmental Estimates"
and shall be as nearly uniform as possible for the main divisions of all departments.
Section 39-6C is amended to delete the following: "The City shall provide a reasonable number
of copies of the budget thus prepared for distribution to citizens."
Section 39-6E(4) is amended to change "a five-year program of capital improvements" to "the
annual program of capital improvements."
Section 39-7 is amended to change "10 days" to "15 days."
Section 39-10B is amended as follows: "The Finance and Administration Director shall bill each
person or entity for the special service and give each property owner or other person billed for
current services as provided for herein a period of time not to exceed 30 days to pay…"
Section 39-11 is amended to read as follows: "All order checks of the City of Muskego shall be
signed by the City Clerk-Treasurer and countersigned by the Mayor, and in lieu of their personal
signatures there may be affixed to each order check the facsimile signatures of the City Clerk-
Treasurer and Mayor."
Chapter 67, Mayor and Council.
Section 67-4 is amended to read as follows:
Following a regular City election, for the purpose of organization, the Common Council shall
meet on the third Tuesday of April. Regular meetings of the Common Council shall be held
on the second and fourth Tuesday evenings of each month, at no earlier than 6:00 p.m. Any
regular meeting falling upon a legal holiday may be rescheduled. Unless otherwise noticed,
all meetings of the Council shall be held in the City Hall, including special and adjourned
meetings. The Mayor is authorized to cancel one regular meeting during a particular month,
upon consultation and agreement with the Common Council President, when the Mayor
deems it appropriate and determines that any pending matters could be delayed to a
subsequent regular meeting and do not require action by the Common Council at the
particular meeting to be cancelled.
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Section 67-9B is amended to delete the following: "The Common Council President shall be a
member of the Finance Committee."
Section 67-10A is amended to read as follows:
A. Standing committees. The following standing committees shall be appointed by the Mayor
for a one-year term at the organization meeting or first regular meeting of the newly elected
Council. The Finance Committee and Public Works and Safety Committee shall consist of
three members, and the Mayor shall ex officio be Chairperson of the Finance Committee,
unless otherwise ordered by suspension of the rules. The Chairpersons of the other
committees shall be designated by the Mayor. The Council President shall serve as an
alternate member of the Public Works and Safety Committee in the event the absence of
the other regular members results in the lack of a quorum. The City of Muskego Purchasing
Policy shall govern all contracts and purchases reviewed by the standing committees. The
items listed below are not all inclusive; other related items may be put on an agenda subject
to the Mayor's discretion.
(1) Finance Committee. The Common Council President shall automatically be a
member of the Finance Committee. The Mayor shall appoint an alternate member to
serve on the Finance Committee in the event the absence of the other regular
members results in the lack of a quorum. The Finance Committee will review matters
related to the following City departments: Assessor, Clerk-Treasurer, Finance, and
Information Systems and the Planning Division of the Public Works and
Development Department. The Finance Committee will review the following:
(a) Contract approvals.
(b) Developers' agreements.
(c) Fees.
(d) Financial matters.
(e) Human resources.
(f) Insurance matters.
(g) Letters of credit.
(h) Licenses.
(i) Miscellaneous administrative issues.
(j) Ordinances (unless reviewed by another committee).
(k) Voucher approval.
(2) Public Works and Safety Committee. The Public Works and Safety Committee will
review matters related to the following City departments: the Public Works and
Development Department and the Police Department. This Committee will also
review public safety matters related to fire and rescue. Whenever possible, the Mayor
will appoint the Aldermanic representative to the landfill committees to the Public
Works and Safety Committee.
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(a) The Public Works and Safety Committee will review the following:
\[1\] Acceptance and dedication of improvements.
\[2\] Contract approvals related to public works and public utilities.
\[3\] Easements.
\[4\] Grading, drainage and soil erosion issues.
\[5\] Invoices: Milwaukee Metropolitan Sewerage District (MMSD) and
Town of Norway.
\[6\] Leaf pickup.
\[7\] Ordinances that pertain to public works and safety matters or utilities
matters.
\[8\] Policies related to public works/public utilities.
\[9\] Proposed projects (review, approval, funding, including any special
assessments, and status).
\[10\] Public improvement specifications.
\[11\] Public utilities operating and capital budgets.
\[12\] Refuse and recycling.
\[13\] Regulation of dams, public waters and beaches.
\[14\] Road improvement program.
\[15\] Road vacations and acquisition.
\[16\] Streetlighting.
\[17\] Stormwater management.
\[18\] Subdividers' exhibits.
\[19\] Utility rates.
(b) Any reference in the ordinances of the City of Muskego to the Committee on
Public Water, Committee on Public Sewer, or Public Utilities Committee shall
mean the Public Works and Safety Committee.
Section 67-11 is amended as follows: "All ordinances (except those submitted by the Ordinance
Committee) and communications and other matters submitted to the Council shall be read by title
and author and referred to the appropriate committee by the Mayor without motion unless
objected to by a Council member."
Section 67-21 is amended to delete the following: "Within not more than 10 days after each
meeting of the Council the Clerk shall supply to each Alderman at his residence a typewritten
copy of the proceedings thereof, perforated for insertion in a ring binder."
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Chapter 92, Records.
Sections 92-4B and 92-5A are amended to update the references to the Public Records and Forms
Board to the Public Records Board.
Section 92-9 is amended as follows: "A requester shall pay a fee of $0.25 per page established by
resolution of the Common Council for a photocopy of a record, unless the requester is specifically
excluded from payment of the fee by state law."
Section 92-10 is amended to add the following: "Wisconsin Statutes §§ 19.21 through 19.39
regarding public records and property are incorporated as if fully set forth herein."
Chapter 124, Adult-Oriented Establishments.
Section 124-1 is amended to change "Division of Health" to "Department of Health Services" in
Subsection E and to delete the following: "The State of Wisconsin Division of Health reports that
as of June 30, 1999, 4,217 cases of AIDS were reported in the state, including 2,507 that resulted
in death, and new cases of HIV infection have been reported in Wisconsin each year."
Sections 124-4E, 124-5F, 124-6E and 124-9B are amended to replace the fees with "established
by resolution of the Common Council."
Section 124-11E(3) is amended to delete "as provided for in Wis. Adm. Code § Comm 73.07(6)"
from the end of the sentence.
Section 124-12B(2)(c) is amended as follows: "Each booth, room or cubicle shall have at least
one side totally open to a public lighted aisle so that there is an unobstructed view at all times of
anyone occupying the booth."
Section 124-14B(1) is amended as follows: "Any person who violates this chapter will be subject
to a monetary forfeiture in the amount of $500 penalty as provided in § 1-4 of this Code for each
violation."
Chapter 129, Alarm Systems.
Section 129-3B is amended to replace the permit fee of $50 with "established by resolution of the
Common Council."
Section 129-4B(1) is amended as follows: "Name\[,\] and address and status of applicant."
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Section 129-5 is amended as follows: "For all false alarm systems in operation on the effective
date of this chapter, no permit fee shall be charged if a permit is obtained within 60 days of the
effective date of this chapter."
Section 129-7A(6) is amended to change "fees" to "fines."
Section 129-11 is amended to read as follows:
§ 129-11. Violations and penalties.
A. False alarms.
(1) The owner, occupant or person in control of an alarm location protected by any alarm
system or alarm systems as defined herein, upon conviction, is subject to the
following penalties, regardless of cause, each time a signal, regardless of how
received, results in a response by the Police or Fire Department when an emergency
situation does not exist:
(a) First through third false alarm: no fine or costs imposed.
(b) Fourth through sixth false alarm: $50 plus court costs.
(c) All subsequent false alarms: $200 plus court costs.
(2) The above schedule is per calendar year. In default of payment, said fines shall be
included as a special charge against the property tax on the subject property.
Additionally, said conviction shall be a basis for revocation or denial of any alarm
permit.
B. Any other violation of this chapter. Any owner, occupant or person in control of an alarm
location protected by an alarm system in violation of this chapter, other than those offenses
defined in Subsection A, shall upon conviction be subject to a penalty as provided in § 1-4
of this Code. Additionally, said conviction shall be a basis for revocation or denial of any
alarm permit. Every day upon which any such violation exists constitutes a separate
offense.
Chapter 132, Alcohol Beverages.
Section 132-1 is amended to change "including provisions relating to the penalty to be imposed"
to "excluding provisions relating to the penalty to be imposed."
Throughout this chapter, "alcoholic beverage" is amended to "alcohol beverage"; "governing
body" is amended to "Common Council"; and "Clerk" and "Municipal Clerk" are amended to
"Clerk-Treasurer."
Section 132-3 is amended to read as follows:
§ 132-3. Applications.
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A written application for any license or permit required by the provisions of this chapter shall be
on the form(s) provided by the City Clerk-Treasurer.
A. Content. All applications other than operator's licenses shall contain all the information
required under § 125.04(3), Wis. Stats., and any other information required by the City
Clerk-Treasurer. Operator's license applications shall be on a form prescribed by the State
of Wisconsin Department of Revenue.
B. Filing. All applications for licenses and permits to sell alcohol beverages shall be filed with
the Clerk-Treasurer. Applications for operator's licenses and licenses issued under §
125.26(6), Wis. Stats., for a picnic or other gathering lasting less than four days must be
filed with the Clerk-Treasurer at least 24 hours prior to the proposed date for which the
license is requested.
Section 132-4E is amended to read as follows: "Fees for partial licensing years may be prorated at
the discretion of the Common Council, except when state law requires prorated fees. In all cases
when in its discretion the Common Council issues an alcohol beverage license for a partial year, a
minimum fee of $25 and all actual publication fees and investigation fees must be paid."
Section 132-5A is amended to revise the last sentence to read as follows: "The Police Department
shall perform a driver's history and criminal record check for all persons included in the
application, both new and renewal."
Section 132-7B(4) is amended as follows: "The individual must not habitually have been a law
offender or convicted of a felony unless the person has been duly pardoned, subject to
requirements of Wisconsin Fair Employment Law, Ch. 111 (more specifically, §§ 111.321,
111.322 and 111.335), Wis. Stats., and also § 125.04(5), Wis. Stats."
Section 132-7C(2) is amended to read as follows: "The Chief of Police or his/her designee shall
furnish the results of the driver's history and criminal records check to the Finance Committee."
Section 132-8 is amended to delete the following: "The provisional operator's license shall expire
60 days after its issuance or when a regular operator's license is issued, whichever is sooner. A
provisional operator's license shall not be renewed."
Section 132-9A is amended as follows: "No person may hold more than one license two licenses
of this kind per year."
Section 132-10D is amended as follows: "Temporary operator's licenses issued under this chapter
shall be valid for any period from one day to 14 days, and the period for which it is valid shall be
stated on the license."
Section 132-11B is amended as follows:
No retail Class A or Class B "Class A" or Class "A" or "Class B" or Class "B" alcohol
beverage license shall be issued for any premises which has not been approved by the
Waukesha County Health Department.
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Section 132-11C(2) is amended to delete the following: "Delinquent in the payment of any taxes
to the state or county."
Section 132-12H is amended as follows: "The conviction of any licensee, partner, agent,
authorized representative or employee who is convicted of the use, possession, delivery or intent
to deliver any controlled substance defined and regulated under Ch. 961, Wis. Stats., may be
considered grounds for the revocation or suspension of any license provided for in this chapter.
Section 132-13B is amended to add "pursuant to the nonrenewal procedures of § 125.12, Wis.
Stats." to the end of the sentence.
Section 132-13E is amended to read as follows:
A retail "Class B" license authorizes the sale of intoxicating liquor to be consumed by the
glass only on the premises where sold and also authorizes the sale of intoxicating liquor in the
original package or container, in multiples not to exceed four liters at any one time, and to be
consumed off the premises where sold. Off-premises sales shall cease at 12:00 midnight of
each day.
Chapter 136, Amusements and Entertainment.
Section 136-2 is amended to delete the following:
No person shall conduct any public dance in the form or manner commonly known as "taxi
dance" and no license shall be issued for any public dance to be conducted in the form or
manner commonly known as "taxi dance."
Section 136-4A and B are amended to change "orchestra" to "live music."
Section 136-5 is amended to replace the fees with "established by resolution of the Common
Council."
Section 136-6B is amended as follows: "The Finance Committee or any police officer or Mayor
Any law enforcement officer may cause the dance hall to be vacated whenever any provision of
this section is violated."
Section 136-8A is amended to add the following: "If the premises is licensed for alcohol, the
presence of any persons 20 years of age or under unaccompanied by their parent or lawful
guardian is prohibited."
Chapter 140, Animals.
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The following subsections in § 140-1 are amended to change "animal" to "dog": Subsection (4) of
the definition of "dangerous dog" in Subsection B; Subsection (4) of the definition of "vicious
dog" in Subsection B; Subsection C(1); Subsection G(1); Subsection I; and Subsection S.
Section 140-1C(2) is amended as follows: "An inspection fee of $50 established by the Common
Council by resolution shall be charged."
Section 140-1K is amended to change "Dog Officer" to "police officer or county humane officer."
Section 140-2A and C are amended and B and D are added to read as follows:
A. Areas of riding restricted. No person shall engage in horseback riding in the City, except
on the private property of the rider, the property of another with his consent, designated bridle
trails on public or private property, or upon the shoulder of any highway within the City
between the hours of daybreak and sunset.
B. Vehicle regulations. Any person riding a horse or any horse-drawn vehicle is granted the
right and is subject to all the duties and state laws which apply to the operator of a vehicle,
except those provisions which by their very nature would have no application. Vehicles shall
be in compliance with Ch. 347, Wis. Stats., in particular with respect to lamps, identification
emblems, and slow-moving vehicle signs.
C. Riding on public property restricted. No person shall engage in horseback riding upon any
school yard, public parks or on other public property, except when the same is done as a
participant in connection with a public event such as a parade or fair.
D. Use of manure bags. Any person riding a horse or any horse-drawn vehicle upon any
public property or highway within the City shall affix to any horse involved a manure bag,
which shall be a specialized sanitation device for the purpose of catching horse manure
before it hits the ground. Any person riding a horse or any horse-drawn vehicle upon any
public property or highway within the City shall immediately pick up and provide for the
disposal of any horse manure which is produced by his horse.
Chapter 150, Business Occupancy Registration.
Section 150-4A is amended to change "Building Inspection Department" to "Planning or Building
Inspection Division."
Section 150-4B, C and D are amended to change "Planning Department" to "Planning Division."
Section 150-4E is amended to change "Planning and Building Inspection Departments" to
"Planning Division and Building Inspection Division."
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Section 150-7A is amended to change "Planning or Building Inspection Department" to
"Planning Division or Building Inspection Division."
Section 150-11 is amended to revise the second sentence to read as follows: "Persons, firms or
corporations violating any provision of this chapter shall, upon conviction, be subject to a penalty
as provided in § 1-4 of this Code."
Chapter 164, Construction Standards.
Sections 164-1 and 164-3C(2) are amended to change "agricultural buildings" to "agricultural
structures."
Section 164-3A is amended to read as follows: "The Wisconsin Commercial Building Code, Chs.
SPS 361 to 366, Wis. Adm. Code, inclusive, and all amendments thereto are hereby made a part
of this code by reference with respect to those classes of buildings to which such provisions
apply. A copy of said code is on file in the office of the Clerk-Treasurer."
Section 164-5 is amended to revise the first two sentences to read as follows: "There is hereby
created the Building Inspection Division in the Public Works and Development Department. The
Building Inspector, appointed by the municipality, shall act as head of this Division."
Section 164-6B(1) is amended to change "Engineering/Building Inspection Director" to "Public
Works and Development Director or designee."
Section 164-6E(1)(f) is amended to add "permit" after "approval or occupancy."
Section 164-8D is amended to change "Municipal Highway Commissioner" to "Public Works and
Development Director."
Section 164-10B(2) is amended to change "Public Service Committee" to "Public Works and
Safety Committee."
Section 164-10E(2) is amended as follows: "Freon removal from Type C, C1, D and D1
structures will be in accordance with Comm Department of Safety and Professional Services
regulations. Asbestos removal from Type B, B1, C, C1, D and D1 structures will be in
accordance with DNR Sections 4.06, 4.07 and 4.08 Department of Natural Resources
regulations."
Section 164-10E(3) is amended as follows: "Type B, B1, C, C1, D and D1 structures whose
structure tax value is over $50,000 and over 50 years old will comply with Comm 53 Department
of Safety and Professional Services regulations, unless waived by the City of Muskego Common
Council."
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Section 164-10E(4)(a), (b) and (h)\[1\] are amended to change "NR 404(3)" to Ch. NR 404, Wis.
Adm. Code.
Section 164-10E(4)(f) and (h)\[2\] are amended to change "NR 507" to Ch. NR 812, Wis. Adm.
Code.
Section 164-10E(4)(j) is amended to revise the first sentence to read as follows: "Other toxicants
identified for Type D and D1 structures shall be removed in accordance with the applicable state
and federal laws."
Section 164-10E(5)(c) is amended to read as follows: "Flying debris protection shall be required
between any structure or public passageway and the structure to be demolished if a structure or
passageway is closer than the initial height of the structure to be demolished. The protection shall
be of a height of at least eight feet and withstand wind loads of 20 pounds per square foot."
Section 164-10F(5) is amended to read as follows: "Footings and basement walls shall not be
removed if they are within 10 feet of another structure or portion thereof that is not to be
removed. A footing and wall for another structure can be reused if inspected and approved by
City Building Inspector."
Section 164-10F(6) is amended to revise the second sentence to read as follows: "Haul routes
shall be approved only on designated truck routes and one route from the site to a truck route
approved by Public Works and Development Director."
Section 164-14 is amended to read as follows: "Wind load, snow load, live load, dead load, soil
bearing classifications, slopes, clearances and any other applicable load and/or design
requirements shall be as required by the Uniform Dwelling Code, Chs. SPS 320 to 325, Wis.
Adm. Code, and the Commercial Building Code, Chs. SPS 361 to 366, Wis. Adm. Code."
Section 164-22A is amended to revise the second sentence to read as follows: "Any person
violating any of the provisions of this code shall, upon conviction, be subject to a penalty as
provided in § 1-4 of the City Code."
Section 164-24 is amended to delete the following: "The licensing of electrical contractors does
not certify competency or reliability."
Original § 15.025(5), Lighting Power Code, is repealed.
Section 164-42B is amended to update the reference to the National Bureau of Standards to the
National Institute of Standards and Technology.
Section 164-49B is amended to read as follows: "Any person, firm or corporation that shall
violate any of the provisions of this code shall be subject to a penalty as provided in § 1-4 of the
City Code. Each and every day during which any such violation continues shall constitute a
separate offense."
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Section 164-52 is amended to change "and the Wisconsin State Board of Health" to "and the
regulations of the State Department of Safety and Professional Services."
Section 164-65 is amended to delete the reference to § H 63.05(2) of the State Administrative
Code.
Section 164-68C(1) is amended to read as follows: "The holding tank shall be constructed on
approved material, designed and located in accord with the provisions of the State Plumbing
Code. (Be certain to locate the well on the plan.)"
Section 164-68C(2) is amended as follows: "(Sizing should be based on the date appearing in the
table in § H 62.20(1)(e)1 of the State Plumbing Code.)"
Section 164-68C(4) is amended to delete "§ H 62.20(1)(d)1" after "State Plumbing Code."
Section 164-68C(8) is amended to delete "§§ H 62.15 and H 62.16 of" before "the State Plumbing
Code."
Section 164-68C(10) is amended to change "§ H 62.20(3) of the Wisconsin Administrative Code"
to "the State Plumbing Code."
Section 164-69C is amended to change "Director of Public Works or Director of
Engineering/Building Inspection" to "Public Works and Development Director or designee."
Chapter 182, Explosives.
Section 182-2 is amended to change "Chief of Police" to "office of the Director of Finance and
Administration" and to delete "Such other information as the Chief of Police may deem
necessary."
Section 182-3 is amended to read as follows: "Upon review by the Chief of Police and payment
of the required fee, the Director of Finance and Administration or designee shall issue a permit.
The Chief of Police shall have seven days to review the application. Upon issuance of a permit,
the Director of Finance and Administration shall forward a copy to the Police Department and
Fire Department. The fee shall be established by resolution of the Common Council."
Original § 12.15(4), Bond, is repealed.
Section 182-4 is amended to update the reference to the Industrial Commission to the State
Department of Safety and Professional Services.
Section 182-7 is amended to read as follows: "Any permit issued hereunder may be revoked by
the Council for violation of this chapter. Any person to whom a permit is denied pursuant to this
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chapter or any permit holder whose permit has been suspended or revoked hereunder may seek
remedy through procedures as provided in Chapter 6, Administrative Review, of this Code."
Chapter 186, Fair Housing.
Section 186-1 is amended to add the following: "The provisions of § 106.50, Wis. Stats., are
hereby adopted and made part of this section by reference. Any future additions, amendments,
revisions or modifications of § 106.50, Wis. Stats., incorporated herein are intended to be made a
part of this section."
Chapter 191, Fires and Fire Prevention.
A definition of "AHJ" is added to § 191-2 to read: "See 'authority having jurisdiction.'"
The definition of "approved agency" in § 191-2 is amended to update the reference to the
National Bureau of Standards to the National Institute of Standards and Technology.
The definition of "fire street" in § 191-2 is amended to delete the following: "This space must
extend 50% the length of the building and include the area for the Fire Department connection.
This fire street must be an unobstructed width of 26 feet with the road edge closest to the building
at least 10 feet from the building."
The definition of "Hazardous Group H" in § 191-2 is amended to update the International
Building Code reference to Tables 307.1(1) and 307.1(2) of the International Building Code.
The definition of "multifamily" in § 191-2 is amended to delete the following: "ROWHOUSE –
Means a place of abode not more than three stories in height arranged to accommodate three or
more attached, side by side or back to back units."
Section 191-3A is amended to read as follows:
A. The most current legislatively enacted versions of applicable fire prevention regulations
adopted by the state are adopted by reference and incorporated into the Fire Prevention
Code as though set forth herein at length and will be enforced. Any changes in code
numbering and the most recent update to the state building codes will be automatically
adopted by this code. The applicable state regulations include:
(1) Wisconsin Administrative Code:
(a) Chapter SPS 305, Licenses, Certifications and Registrations.
(b) Chapter SPS 307, Explosives and Fireworks.
(c) Chapter SPS 314, Fire Prevention.
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Muskego Schedule A
(d) Chapter SPS 316, Electrical.
(e) Chapter SPS 318, Elevators, Escalators, and Lift Devices.
(f) Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
(g) Chapter SPS 340, Gas Systems.
(h) Chapter SPS 345, Mechanical Refrigeration.
(i) Chapters SPS 361 to 366, Commercial Building Code.
(j) Chapters SPS 375 to 379, Buildings Constructed Prior to 1914.
(2) Wisconsin Statutes Chapter 101, Regulation of Industry, Buildings and Safety.
Section 191-4 is amended to delete "(applies only to the use, maintenance, operation and testing)"
after NFPA 1.
Section 191-6B is amended as follows:
If the building or other premises are owned by one person and occupied by another under a
lease or otherwise, the order issued in connection therewith, except where the rules or orders
require making of additions to or changes in the premises themselves, the rules or orders shall
affect the owner and not the occupant unless it is otherwise specified by written agreement
between the owner and occupant and said written agreement is filed with the AHJ.
Section 191-6D is amended to change "special assessment" to "special charge."
Section 191-7 is amended to change "AHJ" and "Department" to "Public Works and Safety
Committee."
Section 191-8B is amended to change "Chief of the Fire Department" to "Public Works and
Development Department."
Section 191-8C is amended to read as follows: "The Public Works and Development Department
shall forward the appeal to the Public Works and Safety Committee, and the Public Works and
Safety Committee may affirm, reverse or modify the decision of the Fire Department and shall
make such orders as necessary under the circumstances."
Section 191-8D is amended to change "Chief" to "Public Works and Development Department";
"hearing" to "Public Works and Safety Committee meeting"; and "Fire Department" to "City of
Muskego."
Section 191-9 is amended to read as follows:
Any person who violates any of the provisions of this code, or who fails to comply with any
order made hereunder, or who builds in violation of any detailed statement of specifications
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Muskego Schedule A
or plans submitted and approved hereunder, or any certificate or permit herein, from which
no such appeal has been taken, or who fails to comply with such an order as affirmed or
modified by a court of competent jurisdiction within the time fixed herein, shall for each and
every violation and noncompliance be subject to the penalties and remedies described in § 1-
4 of the City Code. Each and every day that a violation of this code occurs constitutes a
separate offense.
Section 191-10 is amended to change "Building Inspector" to "Public Works and Development
Department" in Subsection A and to change the references to the Chief of the Fire Department in
Subsection B to the Public Works and Safety Committee.
Section 191-13A is amended to read as follows: "The intent of this section is to require the
installation of automatic fire sprinkler systems to improve the protection of life and property
within the municipality in compliance with state regulations concerning fire protection within
public buildings and places of employment."
Section 191-13B is amended to read as follows:
An automatic fire sprinkler system shall be installed and maintained in full operating
condition, strictly conforming to the rules of the State Department of Safety and Professional
Services, including rules adopted pursuant to § 101.02(15)(j), Wis. Stats., which standards
and rules are hereby adopted and incorporated herein by reference. The applicable state
standards may include, but not be limited to, Ch. SPS 362, Wis. Adm. Code, International
Building Code Chapter 9, and NFPA 13
Section 191-13F is amended to add "This section shall not apply to" at the beginning of the
subsection.
Section 191-15C(3)(d)\[2\] is amended to read as follows: "Any area the AHJ deems manual
initiating devices are not required."
Section 191-15C(4)(a) is amended to change "NFPA 72R, National Fire Alarm Code-R" to
"NFPA 72, National Fire Alarm and Signaling Code."
Section 191-15E(3) is amended to change "Water and Sewer Utility" to "Water Utility."
Section 191-16 is amended to change "Fire District" to "City of Muskego."
Section 191-17 is amended as follows: "Fees shall be established by separate resolution of the
Common Council for certificates, approvals, and other functions performed under this code and
shall be payable to the City of Muskego."
Chapter 205, Housing Standards.
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Muskego Schedule A
Section 205-4B(1) is amended to replace the fee with "established by resolution of the Common
Council."
Section 205-10E is amended to change "State Industrial Code" to "State Commercial Building
Code."
Chapter 219, Junk Dealers.
Section 219-3 is amended to read as follows: "The license fee hereunder for each premises at
which business hereunder is conducted shall be established by resolution of the Common
Council."
Section 219-7 is amended to read as follows: "Any license issued hereunder may be revoked by
the Council for violation of this chapter. Any person to whom a license is denied pursuant to this
chapter or any license holder whose license has been suspended or revoked hereunder may seek
remedy through procedures as provided in Chapter 6, Administrative Review, of this Code."
Chapter 232, Massage Therapy or Bodywork.
Section 232-1 is amended to change "registered" to "licensed."
Section 232-2 is added to read as follows: "Except as otherwise specifically provided in this
chapter, the current and future statutory provisions of Ch. 460, Wis. Stats., are adopted and by
reference made a part of this chapter as if fully set forth herein."
The definition of "massage therapist" in § 232-3 and § 232-5 are amended to change "registered"
to "licensed" and to update the reference to the Department of Regulation and Licensing to the
Department of Safety and Professional Services.
The definition of "massage therapy or bodywork" in § 232-3 is amended to read as follows:
MASSAGE THERAPY or BODYWORK — As defined in § 460.01(4), Wis. Stats., but does not
include the following:
A. Making a medical diagnosis.
B. Instructing in or prescribing rehabilitative strengthening or conditioning exercises that are
within the practice of physical therapy, as defined in § 448.50(4), Wis. Stats.
C. Employing or applying chiropractic adjustments to obtain the proper health and condition
of the human body within the practice of chiropractic as defined in § 446.01(2), Wis. Stats.
Chapter 237, Mining, Nonmetallic.
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Muskego Schedule A
Section 237-1A is amended to add "This chapter shall be known as the" to the beginning of the
sentence.
Section 237-3A is amended to change "the applicable reclamation ordinance" to "this chapter."
Section 237-4E(2) is amended to change "shall be $15" to "shall be as prescribed in § NR
135.39(6)(b), Wis. Adm. Code."
Chapter 248, Nuisances.
Original § 10.02(2), Clean indoor air, is repealed.
Section 248-4K is amended to delete the following: "or disassembled or damaged motor vehicles,
whether awaiting repair or not."
Original § 10.05(1)(a), Political sign, is repealed.
Section 248-6P(2) is amended to add "motorcycle."
Chapter 254, Parades.
Section 254-7 is amended to change "City Council" to "Common Council."
Section 254-8 is amended to change "Chief of Police" to "City Clerk or designee."
Chapter 263, Peace and Good Order.
Section 263-1A is amended to delete the reference to § 134.66, Wis. Stats., and to change
"regulations against the peace and good order of the state" to "offenses against the peace and
good order of the state."
Section 263-2C(2) is amended to change "Licensing Committee" to "Finance Committee."
Section 263-2C(3) is amended to change "between the hours of 10:00 p.m. and 10:00 a.m." to
"between the hours of 11:00 p.m. and 6:00 a.m."
Section 263-4B(2) is amended to replace the fees with "established by resolution of the Common
Council."
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Muskego Schedule A
Section 263-10B is amended to set the penalty at $50 for a first offense, $100 for a second
offense, and $200 for a third or subsequent offense and to add the following: "This subsection
shall not apply to a person using a service animal as defined in § 106.52(1)(fm), Wis. Stats., who
is not able to comply due to a disability."
Section 263-10C(2) is amended to set the penalty at $50 for a first offense, $100 for a second
offense, and $200 for a third or subsequent offense.
Original § 9.14, Open fires restricted, is repealed.
Section 263-15B is amended to delete the following: "Subject to the exception in (c), no person in
official school attendance shall congregate, loiter, stand or play on any property within 200 feet
of school property from one hour prior to school hours through one hour after school hours on
any day when schools are in session."
Section 263-15E is amended to change "between the hours of 10:00 p.m. and 7:00 a.m." to
"between the hours of 11:00 p.m. and 5:00 a.m."
Section 263-16A is amended to change "either in or out of, either a vehicle" to "either in or out of
a vehicle."
Section 263-18B(1) is amended to change "if said operator resides on the premises" to "or with
permission of the owner of the premises."
Section 263-23 is amended to add "nicotine product(s)" after "cigarette(s)" in Subsections B
through E and to add the following definition of "nicotine products" to Subsection A: "A product
that contains nicotine and is not any of the following: (1) A tobacco product. (2) A cigarette. (3)
A product that has been approved by the United States Food and Drug Administration for sale as
a smoking cessation product or for another medical purpose and is being marketed and sold solely
for such an approved purpose."
Section 263-24B is amended to change the penalty for a juvenile from $25 to $100 and to change
the penalty for an adult from $100 to $200.
Section 263-25A is amended as follows: "Any person who shall violate any provision of this
chapter, where no other penalty is prescribed, shall be subject to a penalty as provided in § 1-4 of
this Code."
Section 263-25B is amended to read as follows: "In addition to any penalty imposed for violation
of any provisions of this chapter, any person who shall cause physical damage to or destroy any
public property shall be liable for the costs of replacing or repairing such damaged or destroyed
property. In the event that the offender is a juvenile at the time of the offense, the provisions of
§ 895.035, Wis. Stats., shall apply."
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Muskego Schedule A
Chapter 267, Peddlers, Solicitors and Transient Merchants.
Section 267-7 is amended to read as follows:
§ 267-7. Investigation and issuance.
A. Upon receipt of each application, it shall be referred to the Chief of Police who shall
promptly consider the application and respond per the standards of Subsection B within 72
hours.
B. The Police Chief shall approve the application unless:
(1) The application contains any material omission or materially inaccurate statement.
(2) The applicant was convicted of a crime, statutory violation or ordinance violation
within the last five years, the nature of which is directly related to the applicant's
fitness to engage in direct selling, solicitation or transient merchandising.
(3) The applicant failed to comply with any applicable provision of § 267-4 above.
C. If the Chief of Police finds the application cannot be approved per the standards of
Subsection B, the Chief shall endorse disapproval on such application and the reasons for
the same and return said application to the City Clerk-Treasurer, who shall notify the
applicant that the application is disapproved and that no license will be issued.
D. If the Chief of Police finds the application must be approved per the standards of
Subsection B, the Chief shall endorse approval on the application and return the application
to the City Clerk-Treasurer, who shall issue the license. Such license shall contain the
signature of the issuing officer and shall show the name of said licensee, the type of license
issued, the license fee paid, the date of issuance and expiration. Each peddler, solicitor or
transient merchant must secure a personal license. No license shall be used at any time by
any person other than the one to whom it is issued. The Clerk-Treasurer shall keep a record
of all licenses issued.
Chapter 274, Property Maintenance.
Section 274-5 is amended to read as follows:
§ 274-5. Property maintenance standards.
The owner of a building shall maintain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this Code. A person shall not occupy as
owner-occupant or permit another person to occupy premises which are not in a sanitary and safe
condition and which do not comply with the requirements of this chapter. Occupants of a
dwelling unit or rooming unit are responsible for keeping in a clean, sanitary and safe condition
that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy
and control.
A. All buildings subject to this chapter shall be maintained in a condition to be safe to both
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Muskego Schedule A
occupants and passersby as well as to appear to be in good repair in regard to condition of
foundation; condition of exterior paint or finish; condition of windows and doors; condition
of roof, gutters and downspouts; condition of accessory buildings; and architectural
appurtenances such as chimneys and steps.
(1) Roofs and drainage. The roof and flashing of buildings shall be sound, tight and free
from defects that admit rain. Roof drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure. Roof drains, gutters and
downspouts shall be maintained in good repair and free from obstructions. Roof
water shall not be discharged in a manner that causes damage to adjoining properties.
(2) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and
balcony and all appurtenances attached thereto, including handrails and guards, shall
be maintained structurally sound, in good repair, with proper anchorage and capable
of supporting the imposed loads.
(3) Windows, skylights, doors and frames. Every window, skylight, door and frame shall
be kept in a reasonably good state of repair and weathertight. All glazing materials
shall be maintained so as to prevent the windowpane from coming loose from its
frame.
B. All nonpaved yard areas as set forth in Chapter 400, Zoning, of the City Code, except
stormwater management areas required by Chapter 309, Stormwater Management, of the
City Code, shall be graded to alleviate standing water and shall be maintained in grass,
other vegetative ground cover, or trees and shrubs compatible with similar uses within the
neighborhood. Trees and shrubs shall be kept maintained and trimmed in compatibility
with such other neighborhood uses. Exceptions to this subsection may be made where a
land management plan has been filed and approved by the Plan Commission.
(1) Grading and drainage. No premises shall be graded or maintained so that stagnant
water will accumulate or stand on the premises or adjacent premises or within any
building or structure. No premises shall be graded or maintained so that surface
runoff causes damage to any person or property. In addition, yards shall be
landscaped so that the visual character of the neighborhood is preserved.
(2) Responsibility for terrace. The owner or operator shall be responsible for maintaining
lawn areas between the curbline and the sidewalk on any street.
C. Disposal of rubbish and garbage.
(1) Every dwelling shall have adequate receptacles or disposal equipment for garbage
and for rubbish to hold all garbage and rubbish produced by each dwelling unit. Such
receptacles shall comply with requirements and standards set by the Public Works
and Safety Committee and shall include leakproof containers with close-fitting
covers. Every occupant of a building shall place all rubbish accumulating between
times of collection or other satisfactory disposal in proper receptacles. Every
occupant of a building who does not otherwise provide for the disposal of garbage in
a sanitary and inoffensive manner shall prepare all garbage for collection and place it,
pending collection, in a proper receptacle as provided herein. The owner shall be
responsible for supplying such facilities or receptacles for all units of a building.
(2) For commercial properties, all solid waste containers stored outside shall be visually
screened from view of passersby and adjacent properties by means of building
positioning, by being placed within a four-sided containment structure visually and
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Muskego Schedule A
structurally compatible with the principal building, or by being screened from view
by dense vegetative growth. Exceptions to this subsection may be made where a land
management plan has been filed and approved by the Plan Commission which
provides either an alternate means of visual screening or waiver of this requirement
in whole.
D. All driveway, parking, loading and outside storage areas on properties used for
commercial, industrial and multifamily purposes shall be surfaced and maintained as set
forth in the approved land management plan for the property, Chapter 400, Zoning, of the
City Code or applicable design standards. All such driveway, parking, loading and outside
storage areas which are resurfaced after the adoption of this chapter shall be maintained in
accordance with the approved land management plan, Chapter 400, Zoning, or applicable
design standards.
E. All yard and landscaped areas shall be kept free of trash, old building materials, junk,
unlicensed or inoperative vehicles, and other such material and equipment which, by its
appearance, location or use, makes it incompatible with the principal use or other
predominate principal uses in the immediate neighborhood.
F. Equipment maintenance. Equipment, systems, devices and safeguards required by this code
or a previous regulation or code under which the structure or premises was constructed,
altered or repaired shall be maintained in good working order. No owner, operator or
occupant shall cause any service, facility, equipment or utility which is required under this
section to be removed from or shut off from or discontinued for any occupied building,
except for such temporary interruption as necessary while repairs or alterations are in
progress.
G. All outside storage which is expected to be, generally, permanent or long term shall be
screened from view of the general public by use of such measures as earth berming,
vegetative planting, decorative fencing or building positioning.
H. The height of grass and other general ground cover shall be kept trimmed to a height of no
more than eight inches. Ground cover may exceed eight inches when the cover is not part
of the general landscaping of the principal dwelling (generally, properties exceeding one
acre where maintenance of whole property is too arduous) or when the ground cover is
approved by the City Forester as an established prairie (an approved prairie must have no
undue harm to surrounding properties and must fit within the residential neighborhood in
which the use is proposed). These regulations also apply to vacant residentially zoned lots
within the City; however, a vacant lot may have ground cover as long as 12 inches and this
subsection will only be applied to vacant lots directly adjoining a lot that has building
occupancy and already has a groomed lawn area. The enforcement regulations in § 274-7D
also apply to this subsection. The owner or operator shall be responsible for maintaining
lawn areas between the curbline and the sidewalk on any street.
I. All fences, walls, lighting, signs, storage structures, mailboxes, postal boxes, newspaper
boxes, and other visual physical improvements or appurtenances shall be maintained in a
safe, working order and in good appearance, and in conformance with all applicable codes.
J. Rat harborages. Rat harborages and feeding places shall be eliminated as required under
Subsection U.
K. Accessory structures. All accessory structures shall comply with Subsection B(2) of this
section and shall be maintained structurally sound and in good repair.
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L. Motor vehicles in open view. Motor vehicles kept on public or private property shall
comply with all applicable restrictions set forth in § 248-6P of the City Code.
M. Defacement of property. No person shall intentionally damage, mutilate or deface any part
of buildings, supplied fixtures, equipment and furnishings or any other property of another.
N. Retaining walls. All retaining walls shall be structurally sound and shall be constructed and
maintained in a reasonably good state of repair and in such a manner as not to cause
repeated flow of mud, gravel or debris upon any public sidewalk, street or alley.
O. Foundation walls. All foundation walls shall be maintained free from open cracks and
breaks which threaten the health, welfare and safety of the building's occupants due to
shearing, and shall be kept in such condition so as to prevent the entry of rodents and other
pests.
P. Doors. All exterior doors, door assemblies and hardware shall be maintained in a
reasonably good state of repair and in working condition. All means of egress doors shall
be readily openable from the side from which egress is to be made without the need for
keys, special knowledge or effort, except where the door hardware conforms to that
permitted by the Building Code.
Q. Use and operation of plumbing facilities. Every occupant shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible for care in the proper use
and operation thereof.
R. Use and operation of heating facilities. Every occupant shall be responsible for care in the
proper use and proper operation of heating facilities.
S. Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in
a reasonably good state of repair and in sanitary condition. Peeling, chipping, flaking or
abraded paint brought about due to water damage shall be repaired, removed or covered.
Cracked or loose plaster, decayed wood and other defective surface conditions, including
but not limited to missing or damaged drywall, that are caused by structural settling shall be
corrected.
T. Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other
walking surface in the exterior of a building shall be maintained in sound condition and in a
reasonably good state of repair.
U. Extermination.
(1) Infestation. All structures shall be kept free from insect and rodent infestation. All
structures in which an insect or rodent infestation is found shall be promptly
exterminated by approved processes that will not be injurious to human health.
(2) Extermination of pests; owners' responsibilities. Every owner or operator shall be
responsible for extermination of any insects, rodents or other pests whenever
infestation occurs in more than one dwelling unit or rental unit in nonresidential
structures or in the shared or public parts of a dwelling of two or more units, or a
building containing two or more rental units in nonresidential structures.
(3) Extermination of pests; occupants' responsibilities. Every occupant of a dwelling unit
or rental unit in nonresidential structures where the building contains more than one
such unit shall be responsible for the extermination of any insects, rodents or other
pests therein, whenever said occupant's unit is the only one infested, provided that,
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Muskego Schedule A
when infestation is caused by failure of the owner to maintain the unit free from
insect or rodent infestation, extermination shall be the responsibility of the owner.
The occupant of a one-family dwelling or of a single-tenant nonresidential structure
shall be responsible for extermination on the premises.
Section 274-6 is amended to change "Building Inspector" to "Public Works and Development
Director."
Chapter 290, Sewers.
Section 290-2A is amended to change "approving agency" to "approving authority."
Section 290-3 is amended as follows: "The application to This chapter, its rules, regulations and
rates shall apply to all individuals, firms, corporations and institutions residing within the
corporate limits of the City of Muskego or its sewer service area and any person, firm or
corporation by attachment or otherwise coming in to locate within the City of Muskego
subsequent to the effective date hereof."
The definition of "normal sewage" in § 290-5 is amended as follows: "Wastewater in which
BOD\[,\] or suspended solids, or phosphorus concentrations do not exceed normal concentrations
of:"
The definition of "Superintendent" in § 290-5 is repealed.
Section 290-10B(10) is amended to update the reference the United States Bureau of Standards to
the National Institute of Standards and Technology.
Section 290-18 is amended as follows: "When requested by the user furnishing a report or permit
application or questionnaire, the portions of the report or other document which might disclose
trade secrets or secret processes shall not be made available for inspection by the public but shall
be available for use by the City or any state agency in judicial review or enforcement proceedings
involving the person furnishing the report."
Original § 21.19, State regulations, is repealed.
Section 290-20 is amended to read as follows: "The Milwaukee Metropolitan Sewer District
(MMSD) Rules and Regulations, Chapter 17, promulgated by MMSD, as now in effect and as the
same may be amended from time to time hereafter, is hereby incorporated by reference and shall
be of full force and effect as though set forth in its entirety herein."
Chapter 302, Snowmobiles and All-Terrain Vehicles.
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Muskego Schedule A
Section 302-6 is amended to read as follows: "Any person who shall violate any provision of this
chapter shall upon conviction thereof be subject to a penalty as provided in § 1-4 of this Code."
Chapter 313, Streets and Sidewalks.
Section 313-1B and C are amended to change "map" to "plan." Section 313-1C is further
amended to change "by the county or by the municipality in which it is located" to "by the county
or by the City."
Section 313-2A is amended to delete "semi-improved" before "street or alley."
Section 313-2B is amended to change "approval of Public Works" to "approval of the Public
Works and Development Director or designee" and to add "or end sections" after "end walls" in
the last sentence.
Section 313-2C is amended to read as follows:
C. Permit required; fee; restoration.
(1) A permit from the City Engineer or designee is required to install culverts in City
rights-of-way.
(2) An administration and inspection fee (which shall be as from time to time established
by resolution of the Common Council) will be required. This fee will not be
refundable.
(3) Restoration of the ditch area shall be completed within 15 months from the date of
the issuance of the permit. Failure to restore the ditch within the fifteen-month period
will result in the Public Works and Development Department sending written
notification to the property owner of record establishing a date for the restoration to
be completed by, as determined by the Public Works and Development Director or
designee. Failure to comply by this date will result in the City ordering the work
completed by the Public Works and Development Department. The Public Works
and Development Director or designee shall keep a detailed accounting of the costs
and expenses of performing this work. The balance due shall be entered on the tax
roll as a special charge against the property and collected with any other taxes levied
thereon for the year in which the work is completed pursuant to § 66.0627, Wis.
Stats.
Section 313-4A, C, E and F(3) are amended to add "or designee" after "City Engineer."
Section 313-4B is amended to replace the permit fee with "established by resolution of the
Common Council."
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Muskego Schedule A
Section 313-4C is amended to change "a bond shall be filed by the applicant for such permit with
the City Clerk" to "a bond may be required to be filed by the applicant for such permit with the
City."
Section 313-4D is amended to read as follows: "Prior to commencement of excavation work the
permittee shall furnish the City satisfactory written evidence that he has in force and will
maintain during the life of the permit and the period of excavating public liability insurance of not
less than $100,000 for injury to one person and $500,000 for one accident and property damage
insurance of not less than $1,000,000."
Section 313-4G is amended to change "paid to the City Treasurer" to "paid to the City"; to add
the following sentence: "This fee may be waived for utility companies if they patch the roadway
to City standards."; and to delete the following sentence: "In opening any street or sidewalk, all
surface monuments or shrubs must be removed and replaced as nearly as possible in their original
condition or position and all rubbish shall be immediately removed, leaving the street or sidewalk
in acceptable repair."
Chapter 318, Swimming Pools.
Section 318-1 is amended to add "The following types of pools require a permit under this
chapter:" and to change "the rules of the State Board of Health, Chapter ISS 171" to " the rules of
the State Department of Agriculture, Trade and Consumer Protection, Ch. ATCP 76, Wis. Adm.
Code" in Subsection D.
Section 318-2A is amended to add "The following permits are required:" and to change "The
permit must be taken out by an electrician licensed to work in Muskego" to "When required, a
licensed electrician must take out the permit" in Subsection A(2).
Section 318-3 is amended to add "The application for a pool permit shall include the following:"
and to change the reference to the Uniform Building Code in Subsection J from § 30.44 to
§ 30.30.
Section 318-6C is amended to change "an electrical contractor licensed by the City of Muskego"
to "an electrical contractor licensed by the State of Wisconsin."
Chapter 332, Trees.
The definition of "vision corner" in § 332-3 is repealed.
Section 332-4B(3)(a) is amended to change "Planning Department Director" to "Public Works
and Development Director or designee."
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Muskego Schedule A
Section 332-8 is amended to change "Director of Parks and Recreation" to "Public Works and
Development Director or designee."
Chapter 343, Vehicles and Traffic.
Section 343-1 is amended to change the reference to Ch. Trans 305 of the Administrative Code to
Chapters Trans 100 to 400 of the Administrative Code.
Section 343-3 is amended to change "the following rules" to "the provisions of this chapter."
Section 343-7A(6) is amended to change "variance of the City of Muskego zoning regulations
Section 17" to "When a variance is obtained or authorized under Chapter 400, Zoning, of the City
Code."
Section 343-8 is amended to update the reference to the State Highway Commission to the State
Department of Transportation.
Section 343-11 is amended to change "under § 345.27, Wis. Stats." in the first sentence to "as
prescribed under § 345.47, Wis. Stats." and to revise Subsection C to read as follows: "The
penalty for violation of this chapter, where no other penalty is prescribed, shall be as provided in
§ 1-4 of this Code."
Section 343-12B is amended to update the reference to the Board of County Judges to the
Wisconsin Judicial Conference in Subsection B(2) and to delete the following sentence from
Subsection B(1): "The arresting officer or the person receiving the deposit shall comply with
§ 343.27, Wis. Stats., or, if the deposit is mailed, the signed statement required under § 343.27
shall be mailed with the deposit."
Section 343-12C is amended to update the reference to the Board of County Judges to the
Wisconsin Judicial Conference.
Section 343-12D is amended to change "municipal justice" to "Municipal Judge."
Section 343-13B(2) and (4) and D are amended to change the impoundment period from 30 days
to 10 days. Subsection D is further amended to delete "possible" after "expenses" in Subsection
D(2).
Section 343-13H is amended to change "a penalty of $25" to "a penalty of not more than $200
together with the costs of said action."
Section 343-13I is amended to change "not less than $10 nor more than $200" to "not more than
$200" and to change the term of imprisonment from six months to 90 days.
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Muskego Schedule A
Section 343-14F is amended to change "City Highway Department with City help" to "Public
Works and Development Department with City personnel."
Section 343-15B is amended as follows:
The operator or owner of a bicycle shall register with the Police Department the name and
address of its owner and a complete description of the bicycle on forms issued by said
Department every four years and thereafter on or before May 1. A registration fee of $2 for
the full four years shall be paid upon filing of each of said forms. The registration shall be
numbered serially and kept by said Department as a public record. Upon each registration
there shall be issued a lifetime license sticker effective for four calendar years which shall
entitle the licensee and persons authorized by the licensee to operate said bicycle in said City.
Section 343-15C is amended to change "license" and "license plate" to "license sticker" and to
delete "In the event of theft or loss, a substitute license shall be issued for $50."
Section 343-15D is amended to change "license" to "license sticker."
Section 343-15E is amended as follows: "A license once issued cannot be transferred to a
different bicycle by the same owner, excepting that the transfer of license plates from one bicycle
to another shall be permitted in the event that the first bicycle so registered is either sold or
junked."
Section 343-15F is amended to change "identification tag" to "license sticker."
Chapter 350, Waste Management.
Section 350-2B is amended to replace the administrative fee with "established by resolution of
the Common Council" and to change "annual permit fee" to "annual license fee."
Section 350-2C is amended to replace $25,000 (the administrative fee) with "the amount
established by the Common Council."
Section 350-3 is amended to change "City Council" to "Common Council"; to change "permit" to
"license"; and to replace the fees with "established by resolution of the Common Council."
Section 350-4A(2) amended to change "for which the permit is deemed" to "for which the license
is issued."
Section 350-4A(3) is amended to change "permittee" to "licensee."
Section 350-4B(2) is amended to change "permit" to "license."
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Muskego Schedule A
Section 350-6 is amended to change "City Council" to "Common Council" and to change
"permit" to "license."
Section 350-7L is amended to change "permit holder" to "license holder" in the second sentence.
Section 350-9 is amended to change "permit" to "license" in the first sentence.
Section 350-12 is amended to change "Zoning Inspector" to "Zoning Administrator" and to
change "permit" to "license."
Section 350-13 is amended to change "dump" to "landfill" and to change "permit" to "license."
Section 350-14 is amended to change "permit" to "license."
Section 350-16 is amended to change "fined not less than $25 nor more than $200 for each
offense" to "subject to a penalty as provided in § 1-4 of this Code."
Section 350-17C is amended to change "an annual license or temporary thirty-day license" to "an
annual permit or temporary thirty-day permit."
Section 350-25 is amended to change "fined not less than $10 nor more than $200 for each
offense" to "subject to a penalty as provided in § 1-4 of this Code."
Chapter 355, Water.
Section 355-1A is amended as follows: "There is created a Committee on Public Water to be
known as the "Public Water Committee" of the City which The Public Works and Safety
Committee shall have charge of the Water Utility owned and operated by the City…"
Section 355-5A and B are amended to replace the reconnection charge with "established by
resolution of the Common Council."
Section 355-8B is amended as follows: "Following freezing of a service, the Utility shall take
such steps and issue such instructions as may be necessary to prevent the refreezing of the same
service. No charge will be made for rethawing if the instructions are followed. If it is necessary to
allow the water to flow to prevent refreezing, the consumer shall make provision for proper
disposal of the wastewater."
Section 355-9A is amended as follows: "Where additional meters are desired by the consumer, he
shall pay for all piping and an additional amount sufficient to cover the cost of maintenance and
depreciation, but not less than $0.25 per month."
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Muskego Schedule A
Section 355-14A is amended to read as follows: "An applicant for temporary water supply on a
metered basis shall make a monetary deposit which is established by the Common Council."
Section 355-14B is amended to delete the following sentence: "A charge of $25 shall be made for
setting the valve or moving it, and a deposit of $25 shall be required for the hydrant wheel and
reducer."
Sections 355-27A and C and 355-28 are amended to change "Commission" to "Utility."
Section 355-29C is amended to change "Street Superintendent" and "Utility Superintendent" to
"City Engineer."
Section 355-31 is added to read as follows: "This chapter is intended to regulate water services,
municipal water, and private wells within the incorporated limits of the City and to protect and
preserve the surface waters and groundwater aquifers lying under and adjacent to the City."
Section 355-37E is amended to replace the fee with "established by resolution of the Common
Council."
Section 355-37F(1) is amended to read as follows: "Wells are not allowed for nonresidential new
construction property and such uses are required to connect to municipal water."
Section 355-37F(2) is added to read as follows: "Construction of a well or connection to
municipal water for residential new construction property is at the sole discretion of the Public
Works and Development Director or designee."
Section 355-37F(3) is added to read as follows: "Nonresidential and residential properties being
serviced by an existing well are required to connect to municipal water upon a major remodel of
50% or greater of the then existing property which shall be determined by the Public Works and
Development Director or designee."
Section 355-41 is amended to change the minimum forfeiture from $25 to $100 and to change the
maximum forfeiture from $250 to $5,000.
Chapter 380, Comprehensive Plan.
Section 380-4 is amended to read as follows:
§ 380-4. Distribution of Comprehensive Plan.
Per § 66.1001(4)(b), Wis. Stats., following adoption of the Comprehensive Plan, the City Clerk-
Treasurer of the City of Muskego shall send a copy of the adopting ordinance and the adopted
Comprehensive Plan document to all of the following:
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Muskego Schedule A
A. Every governmental body located in whole or in part within the boundaries of the City of
Muskego.
B. The Clerk of every local governmental unit that is adjacent to the City of Muskego.
C. The State of Wisconsin Department of Administration.
D. The Southeastern Wisconsin Regional Planning Commission (SEWRPC).
E. The Muskego Public Library.
Section 380-5F is added to read as follows: "The above public participation plan terms pertained
to the adoption of the Comprehensive Plan. For amendments to the Comprehensive Plan, the City
of Muskego will utilize the public participation as per § 380-7 herein which includes utilizing a
Class 2 notice procedure (state statute requires a Class 1 notice procedure) and a public hearing."
Section 380-7 is added to read as follows:
§ 380-7. Amendments to Comprehensive Plan.
Amendments to the Comprehensive Plan shall be handled similarly to zoning amendments, with
the exception of the following items which must be followed:
A. A public hearing must be held by the Common Council. The notice for such hearing shall
be published two times (Class 2 notice) with the first publication being at least 30 days
before the hearing is to be held. Notice must be provided 30 days prior to the hearing to
nonmetallic mining operators, owners or leaseholders of property involved with
nonmetallic mining, and persons with nonmetallic mining registered interests. Notice must
also be provided 30 days prior to anybody who has filed a written request for such notice.
B. The Plan Commission must make a recommendation by resolution, adopted by a majority
vote of the entire Commission. If the Plan Commission adopts the resolution, a copy must
be sent to all of the following:
(1) Every governmental body located in whole or in part within the boundaries of the
City of Muskego.
(2) The Clerk of every local governmental unit that is adjacent to the City of Muskego.
(3) The State of Wisconsin Department of Administration.
(4) The Southeastern Wisconsin Regional Planning Commission (SEWRPC).
(5) The Muskego Public Library.
C. The Common Council, after the forgoing procedures have been followed, may adopt the
Comprehensive Plan amendment by ordinance. The ordinance can only be adopted by a
majority vote of all of the members of the Common Council. If it is adopted, one copy of
the adopted Comprehensive Plan amendment must be sent to all of the following entities:
(1) Every governmental body located in whole or in part within the boundaries of the
City of Muskego.
(2) The Clerk of every local governmental unit that is adjacent to the City of Muskego.
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Muskego Schedule A
(3) The State of Wisconsin Department of Administration
(4) The Southeastern Wisconsin Regional Planning Commission (SEWRPC).
(5) The Muskego Public Library.
Chapter 386, Floodplain Zoning.
Section 386-1 is amended to change "ss. 61.35 and 62.23, for villages and cities; 59.69, 59.692
and 59.694 for counties; and s. 87.30, Wis. Stats." to "§§ 62.23 and 87.30, Wis. Stats."
Section 386-5H(1) is amended to change "s. 59.69, 59.692 or 59.694 for counties; s. 62.23 for
cities; or s. 61.35 for villages; or s. 87.30, Wis. Stats." to "§ 62.23 or 87.30, Wis. Stats."
Section 386-8 is amended to change "local official" to "Zoning Administrator."
Section 386-10D is amended to change "municipal emergency government coordinator" to
"Emergency Management Coordinator."
Section 386-21A is amended to change "s. 59.69(10), Stats., for counties or s. 62.23(7)(h), Stats.,
for cities and villages" to "§ 62.23(7)(h), Wis. Stats."
Section 386-25 is amended to change "board of adjustment/appeals" to "board of appeals" and to
delete the reference to §§ 59.69 and 59.692, Wis. Stats.
Section 386-28 is amended to change "created under s. 59.694, Stats., for counties or s.
62.23(7)(e), Stats., for cities or villages" to "created under § 62.23(7)(e), Wis. Stats." in the first
paragraph and to change "zoning committee" to "Plan Commission" in Subsection C(3).
Section 386-34 is amended to change "the provisions of s. 62.23, Stats., for cities and villages, or
59.69, Stats., for counties" to "the provisions of § 62.23, Wis. Stats." in the opening paragraph
and in Subsection A.
The definition of "municipality or municipal" in § 386-37 is amended to read as follows: "The
City of Muskego, Waukesha County, Wisconsin."
Chapter 392, Land Division.
Section 392-3A is amended to change the reference to § 61.35, Wis. Stats., to § 62.23 and to add
§§ 236.02 and 236.45, Wis. Stats., to the reference.
The definition of "Department" in § 392-8 is amended to read "The State Department of
Administration."
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Muskego Schedule A
The definition of "nonprofit conservation organization" in § 392-8 is amended to change "cultural
aspects of this ordinance" to "cultural aspects of the City."
The definition of "objecting agency" in § 392-8 is amended to change the reference to the State
Department of Agriculture, Trade and Consumer Protection to the State Department of
Administration.
The definition of "sanitary sewer service area" in § 392-8 is amended to read as follows: "The
area within and surrounding the City that is planned to be served with public sanitary sewerage
facilities per the current adopted plan area."
The definition of "soil mapping unit" in § 392-8 and §§ 392-24C(3)(b), 392-50E and 392-70E are
amended to update the reference to the Soil Conservation Service to the Natural Resources
Conservation Service.
Section 392-13E is amended as follows: "The subdivider shall pay a fee which shall be added to
the developer's deposit or to the letter of credit equal to the actual or projected cost of the City
Engineer's inspection as the City Engineer or other approving authorities having jurisdiction for
such inspection deem necessary…"
Section 392-14A is amended to delete the reference to § 61.35, Wis. Stats., and add a reference to
§ 236.02, Wis. Stats.
Section 392-16 is amended to delete original Subsection (5), Waiver of monuments, and to delete
the following wording from the first paragraph:
If such improvements are not installed as required at the time the final plat or certified survey
map is submitted for approval, the subdivider shall, before recording of the final plat or
certified survey map, enter into a contract with the City agreeing to install the required
improvements and file with such contract a letter of credit, cash or certified check meeting
the approval of the City Attorney in an amount 120% of the estimated cost of the
improvements, such estimate to be made by the Finance Committee and the Common
Council upon the recommendation of the City Engineer, as a guarantee that such
improvements will be completed by the subdivider or his subcontractors not later than one
year from the date of recording of the plat and as a further guarantee that all obligations to
subcontractors for work on the development are satisfied.
Sections 392-22A(1), 392-23A(1) and 392-28A(6) are amended to update the reference to the
Department of Agriculture, Trade and Consumer Protection to the Department of Administration.
Sections 392-22A(2) and 392-23A(2) are amended to revise the first sentence to read as follows:
The Public Works and Development Department shall transmit four copies to the Waukesha
County Park and Plan Commission, seven copies to the City Plan Commission, seven copies
to the Common Council and one copy each to the following City departments/boards: Public
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Muskego Schedule A
Works and Development Department (to be reviewed by the Parks and Conservation
Committee, if applicable), Conservation Coordinator, Police Department, City Assessor, and
Fire Department for their review and recommendations concerning matters within their
jurisdiction.
Sections 392-22A(5) and 392-23A(5) are amended to delete the following sentence: "The
Wisconsin Departments of Agriculture, Trade and Consumer Protection (DATCP),
Transportation (WDOT), and Natural Resources and the Department of Commerce shall hereafter
be referred to as objecting agencies."
Section 392-22B is amended as follows:
In the first paragraph: "If an objecting agency fails to act within 20 days, and the Department
of Administration fails to act within 30 days, it shall be deemed to have no objection to the
plat."
In Subsection B(5): Upon approval or conditional approval of a preliminary plat from the
Plan Commission or the Common Council, and after entering into the contract and providing
the guarantee as described below, the subdivider may proceed with installation of subdivision
improvements after approval of the engineering plans by the City Engineer and Public Works
and Safety Committee, approval of all other applicable agencies and submittal to the City of
copies of all permits and letters of approval and/or may submit a final plat for review. Prior to
commencement, the subdivider shall enter into a contract with the City agreeing to install the
required improvements and shall file with the contract a letter of credit, cash or certified
check meeting the approval of the City Attorney in an amount 120% of the estimated cost of
the improvements, such estimate to be made by the Finance Committee and Common
Council upon the recommendation of the City Engineer, as a guarantee that such
improvements will be completed by the subdivider or his subcontractors not later than one
year from the date of recording of the plat and that they remain in good repair for at least 14
months following substantial completion of the improvements and as a further guarantee that
all obligations to subcontractors for work on the development are satisfied, subject to the
following: the subdivider shall not submit the final plat for approval, and the final plat shall
not be approved, until all required improvements are installed by the subdivider and accepted
by the Common Council.
Section 392-22C(6) is amended to change "requires protection" to "may require protection."
Section 392-22D(2)(b)\[2\] is amended to change "an EA Exclusive Agriculture or A Agricultural
zoned lot" to "a lot zoned A-1 Agricultural."
Original § 18.32(1)(h) and (i) are repealed.
Section 392-23B is amended to read as follows:
B. Approval. The objecting agencies shall, within 20 days of the date of receiving their copies
of the final plat, notify the subdivider and all other approving and objecting agencies of any
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Muskego Schedule A
objections. If there are no objections, they shall so certify on the face of the copy of the plat
and shall return that copy to the City Plan Commission. If an objecting agency fails to act
within 20 days, and the Department of Administration fails to act within 30 days, it shall be
deemed to have no objection to the plat. In addition:
(1) Submission. If the final plat is not submitted within 36 months of the last required
approval of the preliminary plat, the Common Council may refuse to approve the
final plat.
(2) Plan Commission action. The City Plan Commission shall, within 30 days of the date
of filing of the final plat with the City Clerk or designee, recommend approval,
conditional approval or rejection of the plat and shall transmit the final plat and
application along with its recommendations to the Common Council.
(3) Notification. The Common Council, after it determines to approve the plat, shall give
at least 10 days' prior written notice of its intention to the clerk of any municipality
whose boundaries are within 1,000 feet of any portion of the proposed plat, but
failure to give such notice shall not invalidate any such plat.
(4) Common Council action. The Common Council shall, within 60 days of the date of
filing the original final plat with the City Clerk or designee, approve or reject such
plat unless the time is extended by agreement with the subdivider. All corrections
required by the objecting and approving agencies shall be made to the final plat prior
to placement on the Common Council agenda. If the plat is rejected, the reasons shall
be stated in the minutes of the meeting and a written statement of the reasons
forwarded to the subdivider and surveyor. The Common Council may not inscribe its
approval on the final plat unless the City Clerk certifies on the face of the plat that the
copies were forwarded to the objecting agencies as required herein, the date thereof
and that no objections have been filed within 20 days or, if filed, have been met.
(5) Approval. If the Common Council fails to act within 60 days, the time having not
been extended, no unsatisfied objections having been filed and all fees payable by the
subdivider having been paid, the plat shall be deemed approved.
(6) Recordation. After the required improvements have been installed by the subdivider
and accepted by the Common Council and the final plat has been approved by the
Common Council, the City Clerk-Treasurer shall cause the certificate inscribed upon
the plat attesting to such approval to be executed, and the City shall cause the plat to
be recorded with the County Register of Deeds. The Register of Deeds shall not
record the plat unless it is offered with such certificate of the City.
(7) Copies. The subdivider shall file a reproducible Mylar and 11 folded copies of the
final plat with the City Clerk or designee for distribution to the City Assessor, City
Engineer, Public Works and Development Department, Fire Department, Police
Department and other affected departments and agencies for their files.
(8) Installation of improvements. The final plat shall not be approved until all required
improvements are installed by the subdivider and accepted by the Common Council.
Section 392-23C(2)(e) is amended to change "preliminary plat" to "final plat."
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Muskego Schedule A
Section 392-23C(2)(m) and (n) are amended as follows: "The results of such tests shall be
submitted along with the certified survey map final plat."
Section 392-23C(7) is amended to delete the reference to § 236.12(4), Wis. Stats., and to update
the reference to the Department of Agriculture, Trade and Consumer Protection to the
Department of Administration.
Original § 18.32(3)(h), Duplicate plat required, is repealed.
Section 392-24A(1)(b) is added to read as follows:
Lot line adjustments and/or parcel combinations not creating a new parcel are allowed
without a formal approval process. Such adjustments and combinations must first get
conceptual staff approval from the Public Works and Development Department prior to
recording. Adjustments and combinations must follow all zoning and land division
dimensional regulations in the Muskego Municipal Code. Recording of an adjustment or
combination document that is in conflict with City dimensional codes will result in the City
of Muskego not recognizing the recording of that document.
Original § 18.33(3)(f), Recordation, is repealed.
Section 392-24C(6) is amended to change "placed on the final plat" to "placed on the certified
survey map."
Section 392-24G is amended to change 60 days to 90 days.
Section 392-24H is amended to read as follows:
After the certified survey map has been approved by the Common Council, the City Clerk-
Treasurer shall cause the certificate to be inscribed upon the map attesting to such approval
and the City shall record the map with the Waukesha County Register of Deeds at the
subdivider's expense. The certified survey map shall be recorded only after the certificates of
the Common Council, Plan Commission, surveyor and owner are placed on the face of the
map. The map shall be recorded by the City Clerk-Treasurer or designee within 12 months of
its last approval by the Common Council or reapproval will be required. The City shall not
permit the applicant, title company or any other entity to record the certified survey map.
Section 392-28C(8)(d) is amended to replace the first sentence with the following: "The radius of
curvature specified in the Wisconsin Department of Transportation Facilities Design Manual for
the design speed of the facility. Use the greater of the number provided in the Facilities Design
Manual or Subsection C(8)(a), (b) or (c)."
Section 392-30E is amended as follows: "Whenever a tract is subdivided into parcels five acres or
less in area and more than twice the minimum lot area required for the zoning district in which
such parcel is located, the Plan Commission may require such parcels to be arranged and
dimensioned so as to allow resubdivision of any such parcels…"
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Muskego Schedule A
Sections 392-49A and C and 392-69A and C are amended to delete "Utility Department."
Sections 392-53B(5) and 392-73B(5) are amended to change "City Erosion Control Inspector" to
"City Engineer."
Section 392-55 is amended to read as follows: "The number of residential units for a parcel shall
be determined in accordance with § 400-133F(3), Density and density bonuses, of Chapter 400,
Zoning, of the City Code."
Chapter 400, Zoning.
Section 400-9A(5) and B(2) are amended to change "zoning use permit" to "zoning permit."
Section 400-11A, B(1) and C(1) and (2) are amended to change "zoning use permit" to "zoning
permit."
Section 400-11B(2) is amended as follows: "A zoning use permit application shall be prepared
and filed with the Community Development Director for a zoning permit."
Section 400-12D(2)(b) is amended to change "district office of the Department" to "district office
of the Department of Natural Resources."
Section 400-17B is amended to delete "A member of the Parks and Conservation Committee" and
to change "four citizen members" to "five citizen members" in Subsection B(1); to delete "The
Parks and Conservation Committee representative shall be approved by the Parks and
Conservation Committee as outlined in § 12-6 of the City Code" from Subsection B(2); and to
delete "The Parks and Conservation Committee member shall serve for one year, unless his office
becomes vacant, in which case the Parks and Conservation Committee shall elect a new
representative" from Subsection B(3).
Section 400-18B(4) is amended to change "The Mayor may appoint" to "The Mayor shall
appoint."
Section 400-18F(4) is amended as follows: "Variances from the zoning regulations of this chapter
shall be the authority of the Zoning Board of Appeals only according to the standards established
in this section, and may be granted only in the following instances and in no others."
Section 400-18I(1) is amended as follows: "a quorum being four three or more members."
Section 400-20A is amended as follows: "All plans for single-family or two-family residential
development activity shall be approved administratively in accordance with rules and procedures
promulgated by the Public Works and Development Department and the Community
Development Department."
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Muskego Schedule A
Section 400-21A is amended to change "zoning certificates" to "zoning permits."
Section 400-21C(1)(g) is amended as follows: "Description of existing environmental features as
defined by Section this code."
Throughout this chapter, references to the "Engineering/Building Inspection Director" are
amended to "City Engineer."
Section 400-21I is amended to delete "the past" before "24 months" and to delete "said approval"
after "date of approval."
Section 400-23B(1)(a) is amended to change "Comprehensive Land Use Plan" to
"Comprehensive Plan."
Section 400-23B(2)(a) is amended to add "building" after "nearest existing principal."
Section 400-23B(2)(b) is amended as follows: "the average of such existing setbacks and the
required setback, the average between such existing setbacks shall apply."
Section 400-23B(8) is amended to delete the following sentence: "Vision setback area
encumbrances may be allowed in certain zoning districts that allow reduced setbacks if
determined that the proposed development does not impede safety."
Section 400-23C(1)(b) is amended to change "State Industrial Code" to "State Commercial
Building Code."
Section 400-25A(2) is amended as follows: "In the case of any residential building in a single-
family detached district which has more than a single floor level, the total of all livable floor area
which is not over any other livable floor shall be called the principal floor area and may be
reduced 1.5 square feet for every foot added to the minimum required total floor area."
Section 400-27A is amended to change "General Plan" to "Comprehensive Plan."
Section 400-31B(1) is amended to change "use permit" to "zoning permit."
Section 400-34B is amended to change "a zoning ordinance enacted under this subsection" to
"this chapter" in Subsection B(2)(a) and to delete the following: "For the purpose of
administration such nonconformity shall be classified and regulated as follows:" and "Where any
such use is discontinued for a period of 12 consecutive or for 18 accumulative months during any
three-year period, any future use of the structure shall conform to the regulations of the district in
which it is located."
Original § 6.02(5), Nonconformities in shoreland wetland areas, is repealed.
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Muskego Schedule A
Section 400-36A is amended to change "General Plan for Comprehensive Development" to
"Comprehensive Plan."
Section 400-37F is amended to delete the RB-1 Existing Residential Business District.
Section 400-38 is amended to add the PD-47, PD-48, PD-49 and PD-50 Districts.
Section 400-39 is amended to add the CPD-6 District.
Section 400-40 is amended to change "Business Park Design and Development Standard District"
to "Business Park Design District."
Section 400-42B(4)(a)\[1\] is amended to change 1,800 square feet to 1,100 square feet.
Section 400-42C(1)(c)\[2\] is amended to delete "nor more than two goats on one farm."
Section 400-42C(2)(e) is amended to read as follows:
Home occupations and professional offices, when incident to the principal residential use,
situated in the same building, and carried on by the residential occupant, subject to the
conditions in § 400-164 of this chapter. (Home occupations, when undetermined if they meet
the restrictions in § 400-164, may be allowed by Plan Commission determination and
approval as necessary. The Plan Commission may allow minor variations to the restrictions in
§ 400-164 by conditional use grant only. However, the home occupation must demonstrate
that it does not negatively affect the residential area.)
Section 400-42C(2)(k) is amended to read as follows: "Hobby kennels, subject to the conditions
in § 400-166A of this chapter."
Section 400-42C(2)(l) is amended to read as follows: "Mother-in-law/family units, subject to the
conditions in § 400-165 of this chapter."
Section 400-42C(3)(g) is amended to change "homes for all aged" to "homes for the aged."
Section 400-42C(3)(o) is amended to delete the following: "individual cabins or cottages for
rental on a limited seasonal basis and not for year-round occupancy."
Section 400-42C(3)(r) is added to read as follows: "Vacation rental establishments as per § 400-
159H of this chapter."
Sections 400-42C(4)(a), 400-53C(4), 400-54C(4) and 400-55C(4) are amended to read as
follows:
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Muskego Schedule A
No lot in this district shall by deed, covenant, easement or other device or agreement
hereafter provide for the permitted uses or access to or incidental uses thereto, or for right of
access, by other than the owner or legally resident occupant of the premises and invited
guests, except in the case of a public park or way, public utility easement, or patrons of a
permitted commercial use or of a permitted organizational use.
Section 400-43B(4)(a)\[1\] is amended to change 1,600 square feet to 1,100 square feet.
Section 400-44B(4)(a)\[1\] is amended to change 1,400 square feet to 1,100 square feet.
Section 400-45B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet
Section 400-46B(4)(a)\[1\] is amended to change 1,800 square feet to 1,100 square feet.
Section 400-47B(4)(a)\[1\] is amended to change 1,600 square feet to 1,100 square feet.
Section 400-48B(4)(a)\[1\] is amended to change 1,400 square feet to 1,100 square feet.
Section 400-49B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-50B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-51B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-52B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-53B(2) is amended to change the reference to the RSE District to the RS-1 District.
Section 400-53B(4)(a)\[1\] is amended to change 1,800 square feet to 1,100 square feet.
Section 400-53C(3)(d) is amended to delete "and individual cabins or cottages for rental on a
limited seasonal basis and not for year-round occupancy."
Section 400-53C(3)(f) is added to read as follows: "Vacation rental establishments as per § 400-
159H of this chapter."
Section 400-54B(4)(a)\[1\] is amended to change 1,400 square feet to 1,100 square feet.
Section 400-54C(3)(d) is amended to delete "and individual cabins or cottages for rental on a
limited seasonal basis and not for year-round occupancy."
Section 400-54C(3)(f) is added to read as follows: "Vacation rental establishments as per § 400-
159H of this chapter."
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Muskego Schedule A
Section 400-55B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-55C(3)(d) is amended to delete: "and individual cabins or cottages for rental on a
limited seasonal basis and not for year-round occupancy."
Section 400-55C(3)(f) is added to read as follows: "Vacation rental establishments as per § 400-
159H of this chapter."
Section 400-56B(4)(a)\[1\] is amended to change 1,400 square feet to 1,100 square feet.
Section 400-57B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-61B(4)(a)\[1\] is amended to change 1,400 square feet to 1,100 square feet.
Section 400-61C(4)(f) is amended to read as follows:
No lot abutting a lakeshore in this district shall by deed, covenant, easement or other device
or agreement hereafter provide for the permitted uses or access to or incidental uses thereto,
or for right of access, by other than the owner or legally resident occupant of the premises
and invited guests, except in the case of a public park or way, public utility easement, or
patrons of a permitted commercial use or of a permitted organizational use.
Section 400-70B(3) is amended to read as follows:
(3) Building location.
(a) Minimum setback: 50 feet. See Subsection B(3)(c) below for Muskego
Business/Industrial Park.
(b) Minimum offset:
\[1\] One side: 15 feet. See Subsection B(3)(c) below for Muskego
Business/Industrial Park.
\[2\] All other sides: 15 feet. See Subsection B(3)(c) below for Muskego
Business/Industrial Park.
(c) Muskego Business/Industrial Park.
\[1\] Per the rules and regulations for the Muskego Business/Industrial Park
dated July 28, 1970, the setbacks and offsets within the Muskego
Business/Industrial Park (located west of Racine Avenue) can be
modified from those above per the following:
\[a\] Front lot lines on corner lots: setback of 50 feet from one lot line
and setback of 37.5 feet from the side street lot line.
\[b\] Side lot lines: offset of 10 feet from one side lot line and offset of
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Muskego Schedule A
20 feet from the other side lot line (total of 30 feet combined).
\[c\] Rear lot line: offset of 25 feet from the rear lot line.
\[2\] The least restrictive setbacks/offsets of each of the above-noted
setbacks/offsets can be allowed, subject to City approval.
Section 400-71C(3)(c) is amended to change "excluding including body repair shops" to
"including body repair shops."
Section 400-72E(1)(c) is amended to read as follows: "Floodplain zoning maps as provided in
§ 386-5B of Chapter 386, Floodplain Zoning, of the City Code."
Section 400-72E(3)(c)\[4\]\[c\] is amended as follows: "Such construction or maintenance is done in
a manner designed to minimize adverse impacts upon the natural functions of the wetland listed
in this section."
Section 400-72E(5)(c) is amended to delete the reference to § 61.351, Wis. Stats.
Section 400-72F is amended to change "Building Inspector" to "Community Development
Director."
Section 400-72N(1) is amended to delete "Shall hear and decide applications for conditional use
permits."
Section 400-72O(6) is amended to delete the reference to § 61.351(6), Wis. Stats.
The definition of "boathouse" in § 400-72Q is amended to read as follows: "As defined in
§ 30.01(1d), Wis. Stats., a structure with one or more walls or sides that has been used for one or
more years for the storage of watercraft and associated materials, regardless of the current use of
the structure."
Section 400-74A is amended to change "Park and Recreation Lands District" to "Parks and
Recreation District" and to change "Park and Open Space Plan" to "Parks and Conservation
Plan."
Section 400-75A is amended to change "Conservation Lands District" to "Conservation District."
Section 400-76B(4)(a)\[1\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-76C(2)(b) is amended to read as follows: "Roadside stands for the sale only of
products raised on the premises, operated by the resident farmer and subject to § 400-170 of this
chapter."
Section 400-77B(5)(a)\[1\]\[b\] is amended to change 1,200 square feet to 1,100 square feet.
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Muskego Schedule A
Section 400-77B(6)(b) is amended to read as follows: "Accessory structure: 15 feet."
Section 400-77C(3)(a)\[4\] is added to read as follows: "Nursing/rest homes, homes for the aged,
and day care."
Section 400-78B(5)(a)\[1\]\[b\] is amended to change 1,200 square feet to 1,100 square feet.
Section 400-78B(6)(b) is amended to read as follows: "Accessory structure: 15 feet."
Section 400-78C(3)(a)\[3\] is amended change "homes for all aged" to "homes for the aged."
Section 400-79B is amended to change "CPD Conservation Planned Development Overlay
District" to "PD Planned Development Overlay District."
Section 400-81B is amended to add the following sentence: "The Plan Commission can make its
recommendation before or after the scheduled public hearing date."
Section 400-81C is amended to change "receipt of the Plan Commission's recommendations" to
"receipt of the submittal."
Sections 400-85 through 400-131, 400-131.2, 400-131.3 and 400-141.1 are amended to change
"Minimum height" to "Maximum height" in Subsection C(6) of each section.
Section 400-114A(2) is amended to change "Guernsey Meadows" to "North Cape Farms."
Section 400-128C(2) is amended to delete "2010" before "dwelling units per acre."
Section 400-133F(3)(a)\[7\] is amended as follows: "Stormwater outlots may not count towards
open space requirements, subject to Plan Commission approval, when they are subject to deed
restrictions, easements, or open space management plans."
Section 400-133F(3)(b)\[2\] is amended to delete the following: "All parcels shown in a
developer's yield analysis must demonstrate that each parcel could actually be developed on the
site proposed. Thus, each yield parcel must show that adequate water, sewer, stormwater
management, and buildable area are present and attainable to the Plan Commission."
Section 400-134B is amended to add the following sentence: "The Plan Commission can make its
recommendation before or after the scheduled public hearing date."
Section 400-134C is amended to change "receipt of Plan Commission's recommendations" to
"receipt of the submittal."
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Muskego Schedule A
Section 400-141A is amended to change "Loughney Subdivision" to "the Denoon Country
Estates Subdivision" in the last two sentences.
Section 400-153E(1) is amended to change the entries in the table for deciduous canopy tree and
small deciduous tree to read "1.5 inches caliper."
Section 400-158D is amended to change "zoning use permit" to "zoning permit."
Section 400-159E is amended to read as follows: "Applications for conditional use status for
rustic structures shall be subject to Article XXI, Rustic Structures, of this chapter."
Section 400-159H and I are added to read as follows:
H. Vacation rental establishments.
(1) Definition. "Vacation rental establishment" means any property that is regulated by
Ch. 97, Subchapter III, Wis. Stats., as a tourist rooming house and, in addition, any
real property that is subject to any verbal or written contract, lease, sublease, rental
agreement, easement, instrument or other device (the "agreement"), if all of the
following circumstances apply:
(a) The agreement or agreements create a right to occupy said property during
separate periods of time;
(b) Such rights of occupancy have an actual duration of less than one month;
(c) The agreement requires payment or other remuneration or barter, for the
benefit of the property owner; and
(d) The separate rights to occupy the property occur two or more times per
calendar year.
(2) Purpose. The following vacation rental establishment regulations are created to
ensure that applicable state laws are followed; to protect persons engaged in this
practice either as landlord or tenant; to protect against adverse impacts of noise, odor,
disturbance, adverse visual impacts, or other nuisances that this practice could have
upon neighboring properties; to preserve property values for the commercial benefit
of the City; and also to control the impacts of such operations on municipal services,
including snowplowing, garbage collection, sanitation, law enforcement and fire
protection.
(3) Conditional use permit required. No vacation rental establishment may operate in the
City unless a vacation rental establishment conditional use permit for such operation
is granted by the City, and only in full compliance with such conditional use permit.
The general provisions as to conditional uses described in Article XIV of this chapter
apply to vacation rental establishment conditional uses.
(4) Conditions to be met for grant of permit. A conditional use permit shall not be
granted for a vacation rental establishment unless all of the following conditions are
met:
(a) The petitioner must provide to the City Clerk a copy of the state tourist
50
Muskego Schedule A
rooming house permit for the subject property prior to the conditional use
being effective, and evidence of each renewal of such state permit shall be filed
by the petitioner with the City Clerk, such that evidence of a current state
permit is always on file for the duration of the vacation rental establishment
use.
(b) All vacation rental establishments shall be subject to and comply with Ch. 97,
Subchapter III, Wis. Stats., including maintaining a tourist rooming house
annual permit as required by § 97.615(2), Wis. Stats., which sections are
incorporated herein by reference.
(c) All vacation rental establishments shall be subject to and comply with Ch.
ATCP 72, Wis. Adm. Code, which is hereby incorporated by reference.
(d) Each vacation rental establishment shall be required to keep a register and
require all guests to sign such register using their actual name and address
before being assigned quarters. The register shall be available for inspection by
the City of Muskego Police Department for a period of not less than one year.
(e) A minimum of one off-street parking stall shall be provided for every guest
bedroom with a minimum of three. All parking areas shall meet the size and
location requirements of the City Code and shall be hard surfaced and
maintained in a reasonably dustless condition.
(f) Every vacation rental establishment shall be properly addressed with numbers
on the street side of the structure, a minimum of five inches high and of
contrasting color so as to be visible from the street.
(g) The Plan Commission shall consider the potential impact to the surrounding
neighborhood and proximity to any existing bed-and-breakfast establishment
or vacation rental establishment when reviewing a request for a vacation rental
establishment conditional use permit.
(h) Sleeping quarters related to a vacation rental establishment use shall only be
located within the principal structure on the lot. Accessory buildings cannot be
used for sleeping quarters.
(i) Property that is used for a vacation rental establishment must have clearly
delineated property lines, by approved fences, vegetation or other means. to the
satisfaction of the Plan Commission. Such clear delineation must be
maintained for the duration of the conditional use permit, to ensure that all
users of the property are clearly aware of the boundaries of the property and
confine their use to the applicable parcel.
(j) Unless the property is connected to a municipal sewer system, the
petitioner/owner must provide to the City proof that is satisfactory to the City
that the septic system is properly sized for purposes of the proposed use. Such
septic system must be properly maintained at all times for the duration of the
conditional use permit.
(k) The vacation rental establishment occupancy limits shall not exceed the
number of occupants allowed in § ATCP 72.14(2)(b), Wis. Adm. Code, per
bedroom, and also shall not exceed eight per 1,000 square feet of living area
within the principal structure.
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Muskego Schedule A
(l) The parcel cannot have more people on site than the higher of 20 people or the
maximum number of people allowed under § ATCP 72.14(2)(b), Wis. Adm.
Code.
(m) The petitioner/owner must provide a copy of this section and a copy of the
conditional use permit to all parties using the property for vacation rental
purposes prior to commencement of each such use.
I. Conditional uses permitted. Subject to the foregoing, in addition to such uses and
conditional uses enumerated in the district regulations, the following may be permitted as
conditional uses, subject to all terms and conditions of this article:
(1) Community and other living arrangements. In all situations where an exception or
special zoning permission procedure is required by § 62.23(7)(i), Wis. Stats., the use
may be allowed pursuant to the procedures of this article and further subject to all
terms and conditions of § 62.23(7)(i), Wis. Stats. Unless waived by the Common
Council, an annual review shall be required for any conditional use approved under
this subsection, pursuant to the procedures described in § 62.23(7)(i)9, Wis. Stats.,
and the Common Council has the power to order a cessation of the operation, as
described therein. Nothing herein shall be interpreted as expanding the opportunity
for conducting this use beyond the limits of § 62.23(7)(i), Wis. Stats., or as
modifying § 62.23(7)(i), Wis. Stats. All decisions to grant or deny a community or
other living arrangement under this subsection shall be made at the City Plan
Commission's discretion, which may be independent of the standards of § 400-157B.
Section 400-164C(7) is amended as follows: "A nameplate not in excess of three two square feet
in area shall be permitted."
Original § 15.04(1)C, Dog fancier permit required, is repealed.
Section 400-166A(3) is amended as follows:
On properties in the RCE Zoning District, or on properties totaling a minimum of 120,000
square feet, one additional dog per acre, above the number of dogs permitted per household
per Chapter 140, Animals, of the City Code, may be permitted upon written notice being
given by the Plan Commission to property owners within 100 feet of the property in question,
and subject to building, site and operation plan approval by the Plan Commission per § 400-
21 of this chapter.
Section 400-167A is amended to read as follows: "Accessory structures shall reflect or
compliment the character or materials of the primary structure."
Section 400-167C(1) is amended to read as follows: "All accessory structures subject to this
section shall be located behind the base setback line of all street yards and behind the minimum
required offsets of all other side/rear lot lines."
Section 400-167D(5) is amended to change "Building and Engineering Director" to "Public
Works and Development Department."
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Muskego Schedule A
Section 400-167H(1) is amended to add the following sentence: "Fences are allowed anywhere on
a single property, with a proper zoning permit, as along as the fencing remains completely on the
property."
Original § 16.04(15), Agricultural produce signs, is repealed.
Section 400-180F(3), the Table of Sign Dimensional Requirements, is amended to change the
column head for the fourth column from "Ground & Pole Signs" to "Freestanding Signs"; to
change the entry for the M-1, M-2 and M-3 Districts in this column from 10 to 30; to delete the
RB-1 District from the first row (after B-1, BL-1 and BL-2); and to change "ground and pole
signs" and "ground signs" in Notes 2, 3 and 4 to "freestanding signs."
Section 400-180G is added to read as follows: "All new or replaced freestanding signs must
contain a landscaped area at the base of the sign. The landscape bed must be equal in area to the
size of the freestanding sign."
Section 400-181A is amended as follows: "Any legal nonconforming sign hereafter relocated,
moved, damaged, reconstructed, extended, enlarged, changed (including changing the sign face),
altered, or modified shall be made to comply with the provisions of this chapter, except as
provided in § 400-34 of this chapter."
Section 400-183B(3) is amended to change "Master Plan" to "Comprehensive Plan."
Section 400-185 is amended to change "the provisions of the commercial maintenance code" to
"the provisions of this chapter."
Section 400-190M(2)(b) is amended as follows: "The parking of mobile homes recreational
vehicles in predominantly undeveloped areas, as defined by this code Subsection L(4), shall be
limited to one recreational vehicle per parcel."
Section 400-198 is amended to change "emergency government personnel" to "emergency
management personnel."
Section 400-201A is amended to change " adult-oriented entertainment license" to "adult-oriented
establishment license."
Section 400-203D is amended to change "public commercial facilities" to "private
noncommercial group facilities."
The definition of "banner" in § 400-216 is amended to add the following sentence: "National
flags, flags of political subdivisions and symbolic flags of any institution or business shall not be
categorized as banners."
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Muskego Schedule A
In § 400-216 the following definitions are repealed: "certificate of compliance"; "structure,
rustic"; "substantial improvement"; and "trailer, camping."
The definition of "habitable structure" in § 400-216 is amended to change "Building and
Engineering Director" to "City Engineer."
The definition of "off-street parking space" in § 400-216 is amended to delete the following
sentence: "For purposes of satisfying parking requirements of this chapter an off-street parking
space shall be an area of no less than 160 square feet."
The definition of "pennant" in § 400-216 is amended to delete the following sentence: "National
flags, flags of political subdivisions and symbolic flags of any institution or business shall not be
categorized as banners."
Section 400-218G is amended to change "3/4 of the majority of the members present of the
Council" to "3/4 of the members of the Council voting on the proposed change."
Section 400-219 is amended to read as follows: "See § 400-72O, Amending shoreland-wetland
zoning regulations."
54