ORD20201442-Chapter 400
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1442
AN ORDINANCE TO AMEND VARIOUS SECTIONS OF
CHAPTER 400 OF
THE ZONING CODE OF THE CITY OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 400, Section 400-42 C. (3), of the Municipal Code of the City of
Muskego, is hereby amended to add Section 400-42 C. (3) (s) as follows:
(3) Permitted uses by conditional grant.
(s) Adaptive reuse of existing barns for an event/wedding venue as per
§400-159 J. of this chapter.
SECTION 2: Chapter 400, Section 400-159, of the Municipal Code of the City of
Muskego, is hereby amended to add Section 400-159 J. as follows:
§ 400-159. Requirements.
J. Adaptive reuse of existing barns for an event/wedding venue.
(1) Definition. “Adaptive reuse of existing barns for an event/wedding
venue” means any barns erected before January 1, 2020 to be reused
as an event/wedding venue.
(2) Purpose. The following regulations are created to allow for an adaptive
reuse of existing barns ensuring that applicable ordinances are
followed; to protect against adverse impacts of noise, odor, disturbance,
visual impacts or other nuisances that this practice could have upon
neighboring properties and to control the impacts of such operations on
municipal services, including snowplowing, garbage collection,
sanitation, law enforcement and fire protection.
(3) Conditional use grant required. No commercial event/wedding may
occur in the a barn unless an adaptive reuse of existing barns for an
event/wedding venue conditional use grant 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 adaptive reuse of existing barns for
an event/wedding venue conditional uses.
(4) Conditions to be met for grant of permit. A conditional use permit shall
not be granted for the adaptive reuse of existing barns for an
event/wedding venue unless all of the following conditions are met:
(a) The minimum parcel size shall be five (5) acres.
(b) A two hundred (200) foot separation between any event related
building or amenity/feature and any structures on adjacent lots
shall be provided on all sides of the property not abutting a
public roadway. Special event/commercial business related
structures, activities and/or features are not permitted within a fifty
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(50) foot buffer area, nor is parking allowed in this buffer area.
The Plan Commission can consider reducing the required buffer,
as it relates to parking only, from any right-of-way if dense
landscape screening is provided. If an existing barn is located
closer than the fifty (50) foot buffer, then the Plan Commission can
consider reducing the required buffer to not less than the existing
barn offset. Where possible, agricultural crops shall remain or be
grown in the buffer area, or suitable landscaping, to maintain the
rural/agricultural character of the site.
(c) Buffer plantings shall be provided along a property line where
there is an abutting residence, including across roadways, to
screen views, lights and noise from the operation.
(d) Parcels shall have direct unobstructed frontage along a paved
public road for direct access.
(e) The surface of the parking areas and driveways are preferred to
be asphalt, but the Plan Commission can consider gravel parking
areas on a case-by-case basis if the parking is far enough from
adjacent lots and homes and if the parking lot can be maintained
in a dustless condition. The number of parking stalls required
should be one (1) stall for every two (2) people of building
capacity with the final quantity being approved by the Plan
Commission.
(f) Any amplified music should occur only in the main barn structure
and all door and windows must remain closed when the amplified
music is playing. Special conditions can be considered for unique
situations, subject to Plan Commission review.
(g) The barn must be structurally sound and must meet all applicable
Building Codes and Fire Codes.
(h) Applicants for a conditional use grant under this Subsection shall
provide the following information at the time of application:
\[1\] Ownership of the property
\[2\] Months/duration of operation
\[3\] The anticipated number of events per year
\[4\] Proposed hours/days of operation
\[5\] Primary types of events to be hosted and a description of
their ancillary activities (e.g. hayrides, petting farms,
bonfires, etc.)
\[6\] Size of the barn facility and guest capacity, including a floor
plan of the barn and auxiliary structures (including any tents
or other temporary structures)
\[7\] A site plan/survey for the entire parcel, including
ingress/egress, parking areas, all facility structures/tents,
restroom locations, and any other site based features
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\[8\] Provision of restroom facilities, including screening method
(must be provided)
\[9\] Location of refuse receptacles, screening and method of
disposal
\[10\] Proposed signage and lighting plan
\[11\] Proposed use and location of amplified music
\[12\] Any additional information required by the Plan Commission
to ensure the safe operations of the event / wedding venue.
SECTION 3: Chapter 400, Section 400-62 C. (3) (a), of the Municipal Code of the City
of Muskego, is hereby amended to read as follows:
(3) Permitted uses by conditional grant.
(a) Any conditional use permitted in the RCE District except second residential
structures and except the adaptive reuse of existing barns for an
event/wedding venue.
SECTION 4: Chapter 400, Section 400-216, of the Municipal Code of the City of
Muskego, is hereby amended to add the following definition:
§ 400-216. Specific words and phrases.
When used in this code, the following words and phrases shall have the following
meanings:
ADAPTIVE REUSE – The reuse of a site/building for a purpose other than originally
intended.
SECTION 5: Chapter 400, Section 400-181, of the Municipal Code of the City of
Muskego, is hereby amended to add Section 400-181 J. as follows:
§ 400-181. Other permanent signage requirements.
J. Scoreboards. Upon approval by the Plan Commission, a scoreboard is allowed in
the I-1 Government and Institutional District, PI-1 Parks and Recreation District or
at an approved outdoor recreational facility, as designated in Article XX, subject to
the requirements of §400-21. Scoreboards are exempt from the reader board sign
size limits of §400-180F.(2). The size, height and location of a scoreboard is
subject to Plan Commission approval. The Plan Commission will give special
consideration to screening from right-of-way and neighboring residential uses;
motion, videos and flashing; and audio/noise emanating from the scoreboard or
system mounted to the scoreboard. The Plan Commission can also consider
sponsorship advertising on the face of the scoreboard, the rear of the scoreboard
or the scoreboard structure itself if there is a defined plan outlining the sizes,
quantity and design.
SECTION 6: Chapter 400, Section 400-42 C. (1) (c), of the Municipal Code of the City
of Muskego, is hereby amended to read as follows:
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§ 400-42. RCE Country Estate District.
C. Permitted uses (see Article V).
(1) Permitted uses by right.
(c) Crop, dairy, cattle, horse, goat/sheep and tree farming subject to the
following:
\[1\] The keeping or raising of hogs, or fur bearing animals or goats
shall not be permitted.
\[2\] The keeping or raising of poultry and domestic livestock, except
for hogs and fur bearing animals, the raising of which is absolutely
prohibited in this district, shall be permitted as part of a principal
agricultural use of the premises on farms of at least 10 acres in
area on the basis of not more than one head of livestock per acre,
40,000 square feet of land, nor more than 50 fowl per acre 40,000
square feet of land.
SECTION 7: Chapter 400, Section 400-42 C. (2) (f) \[3\], of the Municipal Code of the
City of Muskego, is hereby amended to add Section 400-42 C. (2) (f) \[3\] \[a\] to read as
follows:
C. Permitted uses (see Article V).
(2) Permitted accessory uses.
(f) The keeping or raising of domestic livestock for show, breeding, or
other use incidental to the principal use of the premises subject to the
following:
\[3\] Not more than one head of livestock and or 20 fowl shall be
permitted per 40,000 square feet of lot area, nor shall any such
livestock or fowl be permitted on a lot less than 120,000 square
feet in area unless the requirements are met for chickens per
Subsection C. (2) (f) \[2\] above. See Subsection C. (2) (f) \[4\] for
further details on how to calculate the number or livestock and
fowl allowed.
\[a\] Storage requirements.
(i) All bedding materials must be stored indoors.
(ii) Any outdoor piles of feed and bedding shall be located
at least 100 feet from any public right-of-way or
adjacent residential lot line.
(iii) Manure shall be stored no less than 100 feet from any
public right-of-way or adjacent residential lot line.
SECTION 8: Chapter 400, Section 400-42 C. (2) (f), of the Municipal Code of the City
of Muskego, is hereby amended to add Section 400-42 C. (2) (f) \[4\] to read as follows:
C. Permitted uses (see Article V).
(2) Permitted accessory uses.
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(f) The keeping or raising of domestic livestock for show, breeding, or
other use incidental to the principal use of the premises subject to the
following:
\[4\] Determining the maximum number of livestock and fowl. The
calculation of the maximum number of livestock and fowl allowed
applies to all subsections in § 400-42C.(2)(f). Different animal
types may be combined, but the total calculated number of
animals may not exceed the maximum per-acre density identified
in § 400-42C.(2)(f)\[3\]. For example, a three-acre lot will allow for
three head of livestock or 60 fowl; or a three acre lot can have one
horse, one sheep and 20 head of fowl, or equivalent numbers not
to exceed the maximum allowed.
\[a\] Contiguous land under the same ownership. The total
acreage of parcels of land that are contiguous to each other,
under that same ownership and have the appropriate zoning
category may be used when calculating the maximum
number of animals allowed. The minimum lot size for the
keeping and raising of animals shall be met prior to
additional animals being allowed for additional contiguous
lands.
\[b\] Contiguous land that is leased. If contiguous land is being
leased for agricultural purposes, the leased land area can
be used when calculating the maximum number of animals
allowed. Once the land is no longer being leased, the
maximum number of animals allowed shall be adjusted. A
written lease agreement, signed by all property owners, shall
be required. The minimum lot size for the keeping and
raising of animals shall be met prior to additional animals
being allowed for additional contiguous lands. The leased
land shall be used exclusively by the lessee.
\[c\] When determining the maximum number of animals allowed
on contiguous lands, the land area can only be used once or
by one property owner. Double counting is not allowed.
SECTION 9: Chapter 400, Section 400-76 C. (1) (b), of the Municipal Code of the City
of Muskego, is hereby amended to read as follows:
C. Permitted uses.
(1) Permitted uses.
(b) All ordinary agricultural uses subject to the following:
\[1\] Farms primarily for the keeping or raising of fur bearing
animals, or hogs or goats shall not be permitted except as
conditional uses.
\[2\] The transient feeding or fattening of cattle or hogs for market in
excess of two head per acre shall not be permitted.
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\[3\] Dairy processing plants.
SECTION 10: Chapter 400, Section 400-76 C. (3) (b), of the Municipal Code of the City
of Muskego, is hereby amended to read as follows:
C. Permitted uses.
(3) Permitted uses by conditional grant.
(b) Hog, goat or fur farms.
SECTION 11: Chapter 400, Section 400-166, of the Municipal Code of the City of
Muskego, is hereby amended to read as follows:
§ 400-166. Hobby kennels and hobby farms.
(1) When permitted. Hobby kennels as defined in this code shall be
permitted as an accessory use on any property zoned for
residential use, where said kennel is incidental to the principal
residential use, subject to the provisions of this section.
(2) Building, site and operation plan required. All proposed hobby
kennels are subject to building, site and operation plan approval
by the Plan Commission following written notice being distributed
by the City to neighboring property owners within 100 feet of the
subject property.
(3) Regulations applicable to hobby kennels. 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.
Note that Section 400-166 B. (Hobby farms) has been removed.
SECTION 12: Chapter 400, Section 400-216, of the Municipal Code of the City of
Muskego, is hereby amended as follows:
§ 400-216. Specific words and phrases.
Add the following:
LIVESTOCK – Horses, cattle, sheep and goats kept or raised for domestic use, not
including hogs/pigs or fur bearing animals.
Remove the following:
FARM, HOBBY
STABLE, PRIVATE
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Edit the following:
SIGN, GROUND – Remove the text about the size of the landscape base area from the
graphic.
SIGN, POLE – Remove the graphic from the definition.
SECTION 13: Chapter 400, Section 400-31 B. (1), of the Municipal Code of the City of
Muskego, is hereby amended to read as follows:
§ 400-31. Engineering regulations.
B. Drainage
(1) Adequate drainage required. No principal building shall be erected,
structurally altered, or relocated on land which is not adequately drained at
all times nor which is subject to periodic flooding, nor so that the lowest floor
level is less than two feet above the highest anticipated seasonal
groundwater level. An occupancy permit and zoning permit shall not be
issued for any lot where the grading plan approved for that lot at the time of
its platting has not been accomplished. Any variances to this requirement
can only be made by the Public Works and Safety Committee.
SECTION 14: Chapter 400, Section 400-190 D (1), of the Municipal Code of the City of
Muskego, is hereby amended to read as follows:
§ 400-190. Off-street parking.
D. Standard dimensions.
(1) Parking stalls shall be a minimum size of 10 9 feet wide by 20 18 feet in
length when aligned horizontally and 9.5 feet wide by 18 feet in length when
aligned diagonally, unless the Plan Commission decides that the use of the
parking stalls does not warrant a need for this size.
SECTION 15: Chapter 400, Section 400-29 B., of the Municipal Code of the City of
Muskego, is hereby amended to read as follows:
§ 400-29. Basic locational requirements.
B. Only one principal residence building on a lot. Except as specifically otherwise
provided herein for attached single-family dwellings, apartments/condos, farms, or
planned development projects, only one principal residence building shall be
permitted on a lot; provided, however, that the Zoning Board of Appeals Plan
Commission may grant an exception to permit more than one principal building on
a lot where such grant would not be contrary to the spirit or intent of this chapter or
to the regulations applicable to the specific district, and provided that a sufficient
lot area is provided and the buildings so located as to permit individual
compliance, in the case of future division, with the lot size, density, building
location, and open space requirements of the district in which located.
SECTION 16: Chapter 400, Section 400-15, of the Municipal Code of the City of
Muskego, is hereby amended to add Section 400-15 E. to read as follows:
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§ 400-15. Enforcement; violations and penalties.
E. All restrictions, conditions, and regulation notes placed on a recorded Subdivision
Plat, Condominium Plat or Certified Survey Map must be followed.
SECTION 17: Chapter 400, Section 400-193, of the Municipal Code of the City of
Muskego, is hereby amended to add Section 400-193 G. to read as follows:
§ 400-193. Exterior lighting performance standards.
Exterior lighting serves multiple functions, including illumination of obstructions,
orientation of site users, and security. To assure that exterior lighting serves these
functions without hindrance or nuisance, all exterior lighting plans submitted pursuant to
this code shall comply with the following standards: (Note: Standards below are subject
to Plan Commission discretion when extenuating circumstances apply.)
G. No lighting, whether located on the interior or exterior of a window, can be
attached to the window or window frame on a commercial or industrial property
where the light source can be directly seen from the outside. Also, these window
lights cannot be flashing or moving.
SECTION 18: Chapter 400, Sections 400-17 B. (1), (2) and (3), of the Municipal Code
of the City of Muskego, are hereby amended to read as follows:
§ 400-17. Plan Commission.
B. Membership
(1) Composition. The Plan Commission shall consist of seven members as
outlined herein and each member must be a resident of the City:
(a) The Mayor.
(b) An Alderperson appointed by the Council.
(c) Five citizen members of recognized experience and qualifications.
(2) Appointment.
(a) Aldermanic member. The Aldermanic member of the Plan Commission
shall be elected appointed annually at the Common Council
reorganization meeting by a two-thirds vote of the Common Council the
Mayor and confirmed by a majority vote of the Common Council.
(b) Citizen members. Citizen members shall be appointed by the Mayor
and confirmed by a majority vote of the Common Council.
(c) Presiding officer and Chairperson. The presiding officer and
Chairperson shall be the Mayor. In the absence of the Mayor, the
Aldermanic representative shall be the presiding officer. In the
absence of the Mayor and Aldermanic representative, the citizen
member with the longest tenure shall be the presiding officer.
(d) Official oath. All members, according to § 19.01, Wis. Stats., shall take
the official oath within 10 days of receiving notice of their appointment.
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(3) Terms.
(a) Aldermanic member. The Alderperson member of the Plan
Commission shall serve for one year, unless the position becomes
vacant, in which case the Common Council Mayor shall elect appoint a
new representative as outlined in Subsection B. (2) (a) above.
(b) Citizen members. Terms for the citizen members shall be staggered
and each term shall be for a three-year period.
(c) Secretary. The Public Works and Development Director or designee
shall be the Secretary of the Plan Commission. In the absence of the
Public Works and Development Director or designee, other planning
staff employed by the City of Muskego may fill said role.
(d) Recording secretary. The Public Works and Development Director or
designee shall select the recording secretary in accordance with
policies and procedures established by the Common Council from time
to time.
SECTION 19: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 20: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS XXX DAY OF MARCH, 2020.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First reading: February 25, 2020
_________________________
Clerk-Treasurer
Ordinance Published:
2/2020jmb