PLAN COMMISSION Packets 09122023CITY OF MUSKEGO
PLAN COMMISSION AGENDA
09/12/2023
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES
Approval of the Minutes of the June 6, 2023 meeting.
Plan Commission Minutes 06062023.pdf
Approval of the Minutes of the August 1, 2023 meeting.
Plan Commission Minutes 08012023.pdf
PUBLIC HEARING
CONSENT BUSINESS
be C21 of
SKEGO
RESOLUTION PC 048-2023 Approval of a Four -Lot Certified Survey Map for the Laschen property
located at W194 S6968 Hillendale Drive / Tax Key No. 2180.061.002.
PC 048-2023 SUPPLEMENT.pdf
PC 048-2023 MAP.pdf
PC 048-2023 RESOLUTION.pdf
PC 048-2023 SUBMITTAL.pdf
RESOLUTION PC 049-2023 Approval of a Building, Site and Operation Plan Amendment for
Muskego Youth Football located at S75 W16399 Hilltop Drive / Tax Key No. 2200.998.001.
PC 049-2023 SUPPLEMENT.pdf
PC 049-2023 MAP.pdf
PC 049-2023 RESOLUTION.pdf
PC 049-2023 SUBMITTAL.pdf
RESOLUTION PC 050-2023 Approval of a Building, Site and Operation Plan Amendment for DISH
Wireless located at W146 S6360 Tess Corners Drive / Tax Key No. 2165.998.002.
PC 050-2023 SUPPLEMENT.pdf
PC 050-2023 MAP.pdf
PC 050-2023 RESOLUTION.pdf
PC 050-2023 SUBMITTAL.pdf
OLD BUSINESS FOR CONSIDERATION
RESOLUTION PC 004-2023 Approval of a Building, Site and Operation Plan Amendment for Jewell
Homes located at W173 S7600 Westwood Drive / Tax Key No. 2196.031.
PC 004-2023 SUPPLEMENT.pdf
PC 004-2023 MAP.pdf
PC 004-2023 RESOLUTION Deferred.pdf
PC 004-2023 SUBMITTAL.pdf
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 051-2023 Approval of a Building, Site and Operations Plan for Citizens Bank
located at S75 W17358 Janesville Road / Tax Key No. 2193.088.001.
PC 051-2023 SUPPLEMENT.pdf
PC 051-2023 MAP.pdf
PC 051-2023 RESOLUTION.pdf
PC 051-2023 SUBMITTAL.pdf
RESOLUTION PC 052-2023 Approval of a Building, Site and Operation Plan Amendment for
Schultz Gun Club located at W146 S8125 Schultz Lane / Tax Key No. 2213.982.
PC 052-2023 SUPPLEMENT.pdf
PC 052-2023 MAP.pdf
PC 052-2023 RESOLUTION.pdf
PC 052-2023 SUBMITTAL.pdf
RESOLUTION PC 053-2023 Recommendation to Common Council to Repeal and Recreate
Section 386 (Floodplain Zoning) of the City of Muskego Municipal Code.
PC 053-2023 SUPPLEMENT.pdf
PC 053-2023 SUBMITTAL.pdf
PC 053-2023 RESOLUTION.pdf
MISCELLANEOUS BUSINESS
ADJOURNMENT
NOTICE
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MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.
K
UNAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES Cry of
06/ 6:0USKEGO
6:00 PMM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Gazzana and Graf and Planner
Trzebiatowski.
Absent: Commissioners Oliver, Buckmaster.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the Minutes of the May 2, 2023 meeting.
Alderman Kubacki made a motion to approve the May 2, 2023 minutes. Commissioner Gazzana seconded.
Motion to approve passed unanimously.
PUBLIC HEARING
PUBLIC HEARING for a Conditional Use Grant in accordance with the Muskego Zoning
Ordinance for the purpose of allowing existing accessory structures to be deemed Rustic
Structures on the Hrin property located at S99 W20523 Parker Drive / Tax Key No.
2280.999.021.
Planner Trzebiatowski provided an overview of the proposed Conditional Use Grant. The petitioner is
requesting that two of the existing barns on his property be deemed a Rustic Structure. As part of a recent
land division for seven total lots, six new lots and the seventh being the existing farmhouse and farm buildings.
The main barn consists of four attached buildings and is 8,223 square feet and the garage/grain house is 656
square feet are being considered for Rustic Structure status. The eastern barn is 3,797 square feet and a 319
square foot shed are also on the property. The total accessory structures on the site is currently 12,995
square feet. Based on the size of the new lot being 4.8 acres using the 2% limit, the petitioner would be
allowed 4,196 square feet of accessory structures exceeding the total allowable square footage of accessory
structures by 8,798.8 square feet. The petitioner is asking for the first two buildings being the main barn and
the grain house be deemed Rustic Structures. There is a provision in the Code that allows for a rustic
structure designation to preserve old barns within the City if they are in good condition. The petitioner brought
the request before the Parks and Conservation Committee in April and they voted 4-1 in favor of deeming the
two buildings rustic structures. There have been a few buildings designated as Rustic Structures in the past.
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The building inspectors have visited the structures recently and found that overall the buildings do seem safe
with no structural concerns, but just a few minor issues that would need to be addressed.
Herald De Back, W198 S10955-57 Racine Ave., stated that he's been in Muskego for 92 years old and
believes the barn in is excellent condition and is used for agriculture and is needed to keep family agriculture
operation in Muskego. It helps the community remember what made the city so great. The property is kept
looking good. It would be a sin to make someone tear a barn down that is in excellent condition.
George Petropoulos, S102 W20540 Kelsey Drive, would like the Plan Commission to not grant the Rustic
Structure status. Bryon has known from the beginning that he was over on square footage of accessory
structures. He lives behind this property and continues to farm his property. He heard the farmer is no longer
going to be using this property. He and several of the neighbors are opposed to this. The farm is updated and
is not historical. There are other farms and barns in better condition in the City. He is not against farming as
he farms. He feels deeply that this should be denied and not allowed to stay. Rules are rules. He has a
4,000 sq. ft. outbuilding and followed the rules. It is not fair or right. Everyone should need to follow the rules.
Looking at the whole project, with ten new lots which could be 10 pole barns and then the farm. Would much
rather keep the farm than the houses. If the petitioner wants to keep the farm that way then get rid of a couple
lots. If the rule is 2% than keep the 2% rule for everyone. Otherwise, he will come back to the Plan
Commission to break the rules.
Vance Sormankiewicz, S98 W20760 Parker Drive, Live across the street from the property. Moved out to the
area as they like the farm feel. They have a smaller lot and wake up and see the barn every day. Has been in
the barn and has seen the large timbers. He and his family don't see a reason to tear the barn down with the
condition the barn is in. Seems well kept.
Dale Butenhof, S98 W20620 Parker Drive, Lives directly across the street from the barns. When they moved
in two years ago and like the farm feel country living -type atmosphere. The barns give them that and like
looking at them. They have no problem with the barns being there.
Butch Haita, S98 W21184 Parker Drive, Believes the barns are in excellent condition and would be a sin to
tear them down. Barns like that are far and few between. He grew up in front of a farm and always dreamed
of owning a barn like that with animals. Bryon takes care of the buildings and property and thinks the barn
should stay. Doesn't believe people have the right to judge people by what they have and if he wants the
barns he should have them. It also adds to the rural area.
Planner Trzebiatowski noted that there was a list of signatures received from the applicant of people in favor.
Bryon Hrin, S99 W20523 Parker Drive, He is the petitioner and owns the barns. He cares very much about his
property and the history of the property. The barn shows the history of agriculture and dairy cows. There
including the stanchions, grain houses, old milk house, new milk house, grain house. They all tell the story. If
you take half of them down it rips apart the story. He has done everything he can since he's been there. The
past Mayor Salentine grew up on the farm. When he bought the farm the barns needed some work. The
barns will be used for agriculture. The barns are all in functional condition. When the inspectors were there,
he told them about a couple rotted boards. Hoping he can put new wood on it. The big barn has a new roof
and continues to improve the barns when possible. It is over the square footage and when it goes into rustic
structure category it has historical significance. The past owner shared many stories with the petitioner
providing history of the farm. The buildings are over the limit and he understands the 2% rule and when they
are rustic structures, they should be allowed to be over the limit, but if the buildings qualify and there is good
reasoning. It shows the materials being used, the original wood is there. There are actual tree trunks split in
half with from the 1800's with the bark still there. That portion of the barn there are no nails as it is all dowels
and pins. Once it is down it is gone. He would like his daughter or son to take over and use the buildings.
The buildings are strong, decent, show the historic value and they have the historic materials and believes
they qualify for rustic structures. There is the one big barn, but all the pieces tell the story.
Public Hearing closed at 6:23 pm.
CONSENT BUSINESS
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RESOLUTION PC 041-2023 Approval of the sale of Fireworks for TNT Fireworks at Wal-
Mart located at W 159 S6530 Moorland Road / Tax Key No. 2169.999.003.
RESOLUTION PC 042-2023 Approval of the sale of Fireworks for TNT Fireworks at Pick-n-
Save located at S74 W 17005 Janesville Road / Tax Key No. 2199.999.065.
RESOLUTION PC 043-2023 Approval of a third Accessory Structure for Trevor Bach located
at W 182 S6578 Garnet Drive / Tax Key No. 2174.948.001.
RESOLUTION PC 044-2023 Approval of a Metal Accessory Building for Ronald Graham located
at W 156 S7984 Audrey Court / Tax Key No. 2217.999.010.
Commissioner Bartlett made a motion to approve the consent business engross. Alderman Kubacki
seconded. Motion to approve passed unanimously.
OLD BUSINESS FOR CONSIDERATION
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 033-2023 Approval of a Rustic Structure designation for Bryon Hrin located
at S99 W20523 Parker Drive / Tax Key No. 2280.999.021.
Planner Trzebiatowski noted that rustic structure is subjective and the Plan Commission must decide if the
definition is met. Options could be approving as proposed being the two rustic structures and two non -rustic
structures, an option of a hybrid being some rustic some not rustic or any other option the Plan Commission
finds.
Alderman Kubacki said his understanding is that rustic structures have been over the 2% rule, but historically
rustic structures were approved that were over only a fractional amount. Planner Trzebiatowski did not have
exact numbers, but recalled they were not hundreds of percent over and maybe a few percent. Also, past due
diligence prior to the Park and Conservation meeting he recalled that maybe it would have been only the rustic
structure without any more accessory structures being over the 2% and being approved. And another case
where there was a small accessory structure and the building to be deemed rustic structure put the number
over 2%. This is the first case being recalled where there are multiple buildings being asked to be rustic
structure and multiple buildings remaining. The code does not limit the number of buildings being deemed
rustic structure.
Alderman Kubacki then asked that when the property was divided, he was aware at that time that there was
an excess amount of buildings on this site. Planner Trzebiatowski confirmed that from when the land was
divided he knew that he had one year to either remove the buildings or try to have the rustic structure
designation approved.
Alderman Kubacki asked how many lots were created. Planner Trzebiatowski said seven lots recently with six
new buildable lots and four more roughly ten years ago, but the same property that the petitioner owned.
Alderman Kubacki said that rather than this being a farm parcel, this is a subdivision with large lots.
Commissioner Gazzana then said if the buildings are razed, there could still be ten outbuildings and ten
homes. Planner Trzebiatowski said that there are seven vacant lots and they could each have a house with
associated outbuilding. Commissioner Gazzana then asked if the buildings are deemed rustic structure there
could still be the houses and outbulidings. Planner Trzebiatowski confirmed that any rustic structure
designation does not affect the other lots.
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Commissioner Graf asked if each of the new lots were adjacent to this property. Commissioner Graf said that
there was a huge assumption made at that point made. He had two choices to either gain advantage for the
buildings or remove them. So he was fully aware of that scenario when he subdivided the property. He has
really exercised the decision at that point to maximize the number of lots to sell rather than retaining 14 acres
and guaranteeing the buildings can stay regardless of the Plan Commission decision. So he was putting the
buildings up for grabs at that point and now he wants a statement from the Plan Commission later. He loves
the old styles and architecture. The City is not going to appreciate one way or another how the buildings were
built, unless it is a museum piece no one will know. It is great it is still a functioning farm and its great that they
are maintained but ultimately, it is not a farm anymore and they are outbuildings.
Alderman Kubacki said he could see exceeding the guidelines by 20-25%, but this seems excessive.
Commissioner Gazzana noted that there are 39 signatures of effected people that would like to see the
buildings up in the community and that says a lot. He is in the building trade and only does new stuff and likes
to see older buildings and so do 39 other people. Alderman Kubacki understands that but also looks at the
history and the buildings were on the line when the decision was made to subdivide the property.
Mayor Petfalski and Planner Trzebiatowski went through all of the buildings on the property. Mayor Petfalski
asked if the two being asked to keep by right if they were newer than the other buildings. Planner
Trzebiatowski deciphered the request as to which buildings are being requested rustic structure designation
and which buildings are just being left as allowed by right.
Mayor Petfalski said that he does not like tearing down old barns as there are not new barns being built and
likes the history of them. He understands the compactness and choices made on this lot. Kind of wondering
the two that are allowed by right, 1967 is not historic. Alderman Kubacki also said that the main barn is not the
old building that was once built. It is a newer building now.
Alderman Kubacki asked if this was brought into compliance, which buildings could remain. Planner
Trzebiatowski said that if the rustic structure designation was not granted, the property would be allowed a
maximum of 4,196 square feet, or essentially the two structures allowed by right that combine to be just over
4,100 square feet. The petitioner could choose which buildings or portions of buildings with a maximum of
4,196 square feet.
Alderman Kubacki noted that these buildings will not become tourist attractions. Because that parcel has
been broken into several lots, what is the use of the buildings. Are they going to be storage units? Planner
Trzebiatowski noted that in the Resolution the buildings cannot be used for any business use or business
storage.
Mayor Petfalski confirmed that this is a Conditional Use that is permanent. Planner Trzebiatowski said that
there could be an annual review, which has been done on a other rustic structures because there was some
work that needed to be completed. Because it is a Conditional Use, there can be reasonable conditions
placed on the approval.
Commissioner Graf discussed the photos in the packet. He asked what it is used for now. The petitioner said
there are cows in there now. There are also some personal belongings stored in there also.
Commissioner Gazzana said that he doesn't see this as a tourist attraction. Thinks it does add to the culture
of the community.
Commissioner Graf asked if there was a sign or anything to state that the barn was built in 1890. Asked the
petitioner if there is anything that prevents the petitioner from doing that. The petitioner said he would love to
do something like that. Commissioner Graf likes the architecture. The petitioner has to sell the idea to the
Plan Commission but if he took his son to see the barn he wouldn't understand or know about the history of
the building. How would anyone know? Petitioner Hrin said he would love to show it.
Commissioner Bartlett said he is on the fence. He understands the historic preservation part but there hasn't
been a very strong plan presented regarded what the historic preservation and long-term plan will be more
than that it's an old barn and wants to keep it. If it was an agri-hood it would be a cool use. An agri-hood is a
residential subdivision built around a mini -farm. There is one in Mukwonago and thinks the residents in
Muskego would support. The barns would be on an outlot for the rest of the development. Right now, he
would definitely want to put timeline contingencies and with barns degrading thinks there and 15 or 20-years
down the road and the complaints starts. Leaning towards needing a better plan or strong contingencies.
Mayor Petfalski said the historical significance is gone but new barns are not being built. There are way too
many outbuildings on the property overall. Could be sold on keeping the barn but getting rid of the other
structures. Agrees with timeframes. As an example, there is a feed store that has been bought that has
brought a rodent problem. The Conditional Use goes with the property so the Commission has to look long
term for the next property owner as well.
Commissioner Graf proposed an option to defer and ask the petitioner to come back with a new plan since the
square footage is over by so much. Also, he should show in some way some historical significance so
everyone can agree that the Commission is saving an old building with posterity recognized for the City.
Alderman Kubacki made a motion to approve Resolution PC 033-2023. Commissioner Graf seconded.
Commissioner Graf made a motion to defer Resolution. Commissioner Gazzana seconded. Resolution PC
033-2023 was deferred unanimously.
RESOLUTION PC 034-2023 Recommendation to Common Council to amend the Zoning Map
and 2020 Comprehensive Plan of the City of Muskego for PJs Trucking 2, LLC. located at S99
W12707 Loomis Drive / Tax Key No. 2260.998.002.
Planner Trzebiatowski noted that this was in front of the Common Council last meeting for a public hearing to
change the zoning from a commercial zoning to a light industrial zoning for a trucking site. The trucking will be
behind Durham Hill Nursery and it will be a gravel area for truck parking. While this area isn't zoned for
industrial it has been planned for industrial uses near the landfill. They will have proper stormwater and there
is an area shown for possible outdoor products being asphalt or gravel with a limit to the height. Everything is
pretty hidden behind the nursery. There is a future building for truck maintenance. but that will need separate
approvals. There is a berm shown that we would like to see some landscaping. Also, if the adjacent field
were to be developed, there will need to be some landscaping included on this site, but screening a field at
this point doesn't make much sense.
Alderman Kubacki made a motion to approve Resolution PC 034-2023. Commissioner Graf seconded.
Resolution PC 034-2023 passed unanimously.
RESOLUTION PC 035-2023 Approval of a Building, Site and Operation Plan for PJs Trucking
2, LLC. located at S99 W12707 Loomis Drive / Tax Key No. 2260.998.002.
Alderman Kubacki made a motion to approve Resolution PC 035-2023. Commissioner Graf seconded.
Resolution PC 035-2023 passed unanimously.
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RESOLUTION PC 036-2023 Recommendation to Common Council to amend the Zoning Map
and 2020 Comprehensive Plan of the City of Muskego for Burback Builders for the Iron Oaks
Villas proposed condominium development located on vacant land west of Country Club Lane /
Tax Key No. 2258.996.006.
Planner Trzebiatowski provided an overview. The rezoning is currently split zoning between RM-1 Multi -
Family Residential District and B-4 Highway Business District. The request is to rezone to a Planned
Development based on the RM-3, which is the least intense multi -family district. The Comprehensive Plan is
being amended from high density residential and commercial to medium density residential. The planned
development allows for flexibility with zoning requests. The current petition is requesting a 30-foot setback
rather than a 40-foot setback which will minimize the impact to the higher priority conservation areas, being
the wooded area. There are 18 units in nine buildings and well under the density limit. There was a public
hearing on May 23rd. Comments included the proximity of the golf course and balls hitting houses, which
would be required to be tempered glass. Next was a question about a land transfer, but that is being resolved
by the purchasers of the property, but this would have no impact on the rezoning. There was a question
related to drainage issues, which has been brought to the attention of the City engineer and will be
investigated further. All stormwater from this site would be directed to a detention pond. As far as the road
construction, as this is a newly created roadway with the first lift of asphalt, but not the second yet. The sewer
will be in the roadway. There was concern about keeping the roadway open as this is the only public road and
the road would need to stay open as the City couldn't force traffic onto private roads through the other condo
development. The water line could be outside the roadway. There were concerns regarding tree removal and
a suggestion to create a frontage road so there aren't as many driveways on the road and keep a tree -lined
look along the public road. The concern is if the goal is tree preservation there would be clearing for the
driveways as well as a second roadway. Another concern was parking. Each of the units would have a
driveway with more than ample parking with on -street and off-street parking. Public Works could address
parking concerns later if there is an issue. Another concern was HOA rules of the adjacent condo association
and if their condo rules would be the same, but the City does not control the HOA rules. The architecture of
the buildings was reviewed at a conceptual discussion and the Plan Commission was receptive to the idea
with additional masonry on the front and sides of the buildings.
Alderman Kubacki has no problem with the rezoning or Comp Plan, but unlike other City streets there is a golf
course and is worried about the driveways and the development to the east. The golf course is busy and has
banquet facilities. Planner Trzebiatowski noted that this road would be comparable to other City streets. If
parking would become an issue, that would be addressed at that time. Mayor Petfalski wouldn't support
parking on the road and understands concern with driveways.
Commissioner Graf asked about sight lines. Would the Plan Commission have any overview as to sight lines
with the driveways and tree cover. Planner Trzebiatowski noted that the bulk of the front of the buildings
would likely be cleared due to building pads, driveways, water and sewer laterals and grading. The
predominant preservation is behind the buildings. Commissioner Graf has concern with the driveways and
sight line issues.
Mayor Petfalski noted that this is down -zoning the property as the current zoning would allow much more
dense development.
Alderman Kubacki asked that the surface water issues will be addressed. Planner Trzebiatowski noted this
was discussed with Scott Kroeger and he had not heard any issues with the storm water.
Commissioner Bartlett has no issues. He was previously concerned with the masonry, which has been
addressed.
Commissioner Graf made a motion to approve Resolution PC 036-2023. Alderman Kubacki seconded.
Resolution PC 036-2023 passed unanimously.
RESOLUTION PC 037-2023 Approval of a Building, Site and Operation Plan for Burback
Builders for the Iron Oaks Villas Condominiums located on a vacant property west of Country
Club Lane / Tax Key No. 2258.996.006.
Alderman Kubacki made a motion to approve Resolution PC 037-2023. Commissioner Graf seconded.
Resolution PC 037-2023 passed unanimously.
RESOLUTION PC 038-2023 Recommendation to Common Council to Rezone one property
from B-2 Local Service Center District and three properties from RS-2 Suburban Residence
District to PD-45 Inpro Planned Development District and Approval of a Building, Site and
Operation Plan for Inpro Corporation located at S80 W19025 Janesville Road, S79 W18997
Janesville Road, S79 W18975 Janesville Road and S79 W18953 Janesville Road / Tax Key
Nos. 2225.984, 2225.985, 2225.999.014 and 2225.986.
Planner Trzebiatowski provided an overview of the project. This is for four lots owned by Inpro along
Janesville Road. The purpose of the rezoning to start is for parking for employees for an addition to the
building to the south. They are planning on keeping the Wisco Carts and two of the homes for now. The
house east of Wisco Carts would be removed. They are working with the County for access. The parking lot
will be curbed on the sides without future expansions. Stormwater management will be included on the far
southeast portion. The second phase is to remove the other buildings and build a larger building and parking
lot.
Commissioner Bartlett asked about the timing of the project. At this time two houses stay and this will be one
Planned Development lot.
Planner Trzebiatowski noted that the next agenda item is for a Certified Survey Map to combine all of the lots
into one lot and dedicate the proper right-of-way. Additionally, the trail segment that is not there but as part of
the parking lot development the trail will be required to be extended.
Commissioner Graf made a motion to approve Resolution PC 038-2023. Alderman Kubacki seconded.
Resolution PC 038-2023 passed unanimously.
RESOLUTION PC 039-2023 Approval of a Certified Survey Map for Inpro Corporation located
at S80 W 19025 Janesville Road, S79 W 18997 Janesville Road, S79 W 18975 Janesville Road
and S79 W 18953 Janesville Road / Tax Key Nos. 2225.984, 2225.985, 2225.999.014 and
2225.986.
Planner Trzebiatowski noted they are combining the lots into one single lot.
Alderman Kubacki made a motion to approve Resolution PC 039-2023. Commissioner Graf seconded.
Resolution PC 039-2023 passed unanimously.
RESOLUTION PC 040-2023 Approval of a Building, Site and Operation Plan for Inpro
Corporation located at S80 W 18766 Apollo Drive / Tax Key No. 2225.090.
Planner Trzebiatowski explained this is for the warehouse addition to the existing building. They are looking to
add 18,000 square feet to the north side of the western -most building. As for the design it will look like the
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existing building. There are some changes to docks and dock doors which will mirror what is already there.
They are losing parking stalls, which is part of the reason for the parking lot to the north and adding a few
additional surface stalls to the north. There is a one-way drive, which requires 12-foot width. There are a
couple awnings on the north side of the building. Originally, the plans showed a concrete curb on the north
edge of the drive but the petitioner has noted that curbing was not intended to be there. Consistent with all
other projects when the driveways or parking areas are being reconstructed, we require concrete curb and
gutter. As for the dumpsters facing the road, they are being relocated and the Resolution states that a wall
feature or landscaping screen from Janesville Road. There is also a note about a transformer being relocated
and the Resolution also states that wherever the transformer is relocated to must also include screening. All
lighting must meet City requirements. An easement is located where the building addition is proposed and
prior to reviewing building plans, written proof that the easement is removed or vacated.
Ken Cray representing the developer. There are a couple items that they would like to ask for a waiver. First
is the curb and gutter along the drive area. Currently there is not curb and gutter and it would seem not
essential except from an aesthetic standpoint. Second is the screening. These are compactors that are fully
sealed and not open dumpsters. Additionally, there is a grade difference between the two properties that will
provide some natural screening. They tried to strategically locate the compactors.
Alderman Kubacki asked for a location of the compactors. Planner Trzebiatowski noted that they are in the
back corner and the screening would be from the north side. The parking lot plan shows tree clearing also so
if there is a clear view from Janesville Road, some landscaping would be a minimal request. Mayor Petfalski
asked what the main concern is. The petitioner noted that it would just be unnecessary.
Commissioner Graf asked if they would be accessible from anyone on the bike path. Planner Trzebiatowski
noted they would be trespassing. They would be no more accessible than they are now. The petitioner noted
again that they are fully sealed.
Craig Foust from Inpro said they strategically put them there to screen from driveways and the request to
eliminate the screening is for the dump trucks maneuvering back in that section. They would be wide open to
the idea of adding screening if necessary once complete to ensure the compactors aren't visible. The power
is being moved four feet and would be screened by the compactors. Mayor Petfalski is more concerned with a
truck backing up and maneuvering with the beeping being heard by neighbors. He is good with waiting to see
if this is an eyesore to Janesville Road. Craig Foust also noted the forgiveness for the curb is only for this site
not the new parking lot.
Commissioner Bartlett noted that screening is reasonable but the curbing would be consistent with other
projects. Planner Trzebiatowski noted that curbing isn't always storm water related.
Commissioner Graf asked for the elevation between the trail and driveway. The trail is higher in elevation.
Commissioner Bartlett added for discussion that this is already not curbed and the amendment would be to
allow it to remain without curb.
Alderman Kubacki made a motion to approve Resolution PC 040-2023. Commissioner Bartlett seconded.
Commissioner Graf made a motion to amend Resolution PC 040-2023 to not require curbing on the north side
of the building. Motion to amend Resolution PC 040-2023 passed unanimously. Commissioner Graf made a
motion to amend Resolution PC 040-2023 to require screening as necessary. Motion to amend Resolution PC
040-2023 passed unanimously. Twice amended Resolution PC 040-2023 passed unanimously.
MISCELLANEOUS BUSINESS
10
There will not be a July meeting.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed
unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Planner
11
UNAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES C4 of
01 /2023 6:0�SKE O
6:00 PMiy
Muskego City Hall, W182 S8200 Racine Avenue A
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Buckmaster, Graf and Oliver and
Planner Trzebiatowski.
Absent: Commissioners Gazzana.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
PUBLIC HEARING
None
CONSENT BUSINESS
RESOLUTION PC 045-2023 Approval of a Building, Site and Operation Plan Amendment for
Clifford's Automotive Repair, Inc. located at S83 W18576 Saturn Drive / Tax Key No.
2223.004.
RESOLUTION PC 047-2023 Approval of a one -lot Certified Survey Map for Jeff Kohne located
at W200 S7203 Williams Drive / Tax Key No. 2190.999.008.
Alderman Kubacki made a motion to approve the consent business engross. Commissioner Graf seconded.
Motion to approve passed unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION PC 033-2023 Approval of a Rustic Structure designation for Bryon Hrin located
at S99 W20523 Parker Drive / Tax Key No. 2280.999.021.
Planner Trzebiatowski provided the Commission with an explanation of an updated request from the petitioner.
An email provided by the petitioner added clarity and reasoning. The petitioner stated they would like to keep
the bulk of the buildings but would be willing to remove the milkhouse building and the southernmost addition
to the main historic barn. The two buildings being sought the rustic structure designation are currently used
for ag purposes as well as storage of personal items such as lawn mowers, tractors, lumber and other
domestic storage. The pole barn/garage not being sought for rustic structure is used for personal storage of 4-
`IK
wheelers, snowmobiles and other items. The petitioner would like to keep all the buildings together as they tell
the story of the history of the farm and buildings. The petitioner is willing to plant a row of trees as a visual
barrier for the residents to the south. Removing the addition to the barn and the shed would bring the total
accessory 12,093 square feet or 7,896.82 sq. ft. over the limit without the rustic structure designation.
Bryon Hrin, petitioner, asked Planner Trzebiatowski if the Parks and Recreation Committee if these buildings
were considered rustic structures. Planner Trzebiatowski noted that that is not a decision for that committee to
make. They make a recommendation to this Board as to whether the Plan Commission should approve the
request and the Parks and Recreation Committee did make a positive recommendation to the Plan
Commission. The petitioner noted the buildings are structurally sound, inspected by the City inspector. This
being a historic site, he believes this qualifies for every item in the rustic structure definition including the labor,
architecture, construction and design and local historical significance. Mr. Hrin would have the past landowner
tell him stories of the barn and when they had the phone installed. He would love to put this all in writing and
put up a plaque.
Mayor Petfalski noted that at the last meeting there was some uneasiness in approving this as is for several
reasons. First, the petitioner was aware that prior to subdividing the land that he would need to remove the
structures or be granted rustic structure designation. Why didn't Mr. Hrin apply for rustic structures prior to
subdividing the land. The petitioner stated that he felt that everything qualified. The petitioner also stated that
subdividing the land was overwhelming along with running his business and some rentals. He also has other
land in Muskego that he wants to do something with. The petitioner thought that if it qualifies for each and
every thing. And then to show that everyone along parker drive wants to see the buildings. The mayor and
several Plan Commission members thought that the rustic structure application should have been before the
land division.
The second area of concern was that every lot in the subdivision could have a house, pole barn and garage
which is a lot of density. The Mayor hears from many residents their concerns about the density of the City.
Mr. Hrin asked if this compares to 1/3-acre lots with all the concrete. Mayor Petfalski added that the
Comprehensive Plan allows for more dense areas and less dense areas. Mr. Hrin said that he went through
with the engineers all of the plans to ensure that the stormwater is addressed and pitched and swaled on the
property. There is a lot of pervious areas and this is wide open with functioning field tiles. The City should
allow people to keep the historic structures.
Alderman Kubacki concurs with the Mayor that this rustic structure application should have been first. The
simple solution is to retain lots 1, 2 and 3 retain and then everything is good. The petitioner noted that not
concerning to the Plan Commission that he has a huge loan out on the development. He thought if everything
qualifies, it didn't matter when he approached the Plan Commission as it is the same argument and the same
buildings. Alderman Kubacki added that he understands he bought the property and subdivided it and now
wants the best of both worlds.
Commissioner Graf added that the two buildings that are now proposed to be razed is a very trivial amount on
a square footage basis. He also agrees that this should have been done as a grand plan, not at the end. The
historical value of the barn is appropriate to be discussed, but anything more as historical value is in question.
The proposal is weak and does not know what he could come back with. But to move forward as an exception
bucket, the Plan Commission has to recognize future considerations on proposals moving forward. He would
prefer to send it back again rather than to vote on this. Commissioner Graf would like to see more
concessions and a commitment.
Mayor Petfalski asked when the structures need to be removed. Planner Trzebiatowski said that the land
division was completed last fall.
Commissioner Bartlett said that he drove past and now it looks great. Envisioning five or ten years it is a barn
next to an apartment and looks more inappropriate. As mentioned last time, if this barn was part of the
development it would have been a strong case. Agrees with the Mayor's comments especially the first, but as
for density this is less dense and over time everything is getting more dense. It seems now it is too much
building on the site and would like to see him come back with more coming down. It was also talked about
with timelines. There are a lot of buildings and square footage and he is asking to break all the rules. There
was a reason this was deferred. Commissioner Bartlett does not think it is realistic for this property to have
13
that many buildings and that much square footage. The property has been broken down and the buildings
must go with that.
Mayor Petfalski noted that the milkhouse and addition to the barn did not sway the Commission at all. There
are two options to vote now or defer again with a grander idea with some change. Alderman Kubacki noted
that the most significant structure is the main barn without the 'L' towards the southeast. If that stayed and all
the other buildings were removed he would be in favor of that. Mayor Petfalski mentioned even keeping the
main barn with the `L' and removing the other buildings would still be over, but is a significant change and may
be able to persuade some Plan Commission members.
Jeff, a neighbor just wanted to note that he enjoys the barn. If the only complaint is that timing and that this
should have come forward with this first, then what is the difference.
Herald DeBack provided a statement in support of the barns.
Alderman Kubacki reiterated that the two options are to vote tonight, which the petitioner may not like the
outcome or to defer again and the petitioner can come back with a better plan.
Alderman Kubacki asked about the other rustic structure approvals. Planner Trzebiatowski added that he
thinks in another case it was the only outbuilding that was over just a little. None of the others were
significantly over and numerous situations it was the only accessory structure.
Mayor Petfalski added a few suggestions. One to get rid of the other outbuildings. A second would be to keep
one of the lots. A third would be take a portion of the other lots. The Plan Commission does not want to
remove the barn as there aren't new barns being built.
Previously Alderman Kubacki made a motion to approve Resolution PC 033-2023. Commissioner Graf
seconded. Commissioner Graf made a motion to defer Resolution PC 033-2023. Commissioner Oliver
seconded. Resolution PC 033-2023 was deferred again unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 046-2023 Approval of a Building, Site and Operation Plan for La Granica
located at S66 W14523 Janesville Road, S67 W14543 Janesville Road and S67 W14549
Janesville Road / Tax Key Nos. 2168.994, 2165.984 and 2165.984.001.
Mayor Petfalski noted that this petition has been withdrawn.
MISCELLANEOUS BUSINESS
Notice of September Plan Commission meeting date changed to September 12, 2023
ADJOURNMENT
Alderman Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed
unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Planner
14
City of Muskego
Plan Commission Supplement PC 048-2023
For the meeting of. September 12, 2023
REQUEST: Four (4) Lot Land Division — Certified Survey Map
W194 S6968 Hillendale Drive / Tax Key No. 2180.061.002
SE '/4 of Section 5
PETITIONER: John Jewell on behalf of Andy Laschen and Amanda Neumann
INTRODUCED: September 12, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 048-2023
The petitioner is proposing to create four parcels including one parcel with a house and three new
buildable lots from a larger parcel located at W194 S6968 Hillendale Drive. The proposed lots are
approximately 19,110 SF, 55,603 SF, 21,245 SF and 23,208 SF in size.
PLAN CONSISTENCY PC 048-2023
Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential uses.
The proposal is consistent with the plan.
Zoning: The property is zoned PD-43 Kenwood Place Planned Development
District. This zoning requires minimum lot sizes of 15,000 SF and an
average lot width of 100 feet. The proposal is consistent with the Code.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property.
The proposal will be consistent with the Plan.
Street System Plan: The proper right-of-ways for Hillendale Drive and Kenwood Drive have
been previously dedicated. The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer 'The lots will be serviced via the public sewer system. The proposal is
iService Area: 1consistent with the plan.
Water Capacity Assessment T he lots will be serviced via the public water system. The proposal is
District: consistent with the plan.
DISCUSSION PC 048-2023
The applicant is seeking to create one developed and three new buildable lots from a 2.7-acre parcel via
CSM. The proposed lots meet the minimum lot size and width required.
Upon initial review of the CSM, the bulk requirements of the code appear to be met. The technical review
is in the process of being completed. All corrections/additions will be needed prior to the CSM can be
signed by the City and recorded.
15
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 048-2023
Approval of Resolution PC 048-2023
16
RESOLUTION #PC 048-2023
Supplemental Map
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KENWOOD DR
Andy Laschen & Amanda Neumann
W194 S6968 Hillendale Drive Q Agenda Item(s)
Right -of -Way
Properties
1 &V, c w 0 100 200 Feet
SKFGO 1 1 1
Prepared by City of Muskego Planning Department
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RESOLUTION #P.C. 048-2023
APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE LASCHEN PROPERTY
LOCATED AT W194 S6968 HILLENDALE DRIVE / TAX KEY NO. 2180.061.002
WHEREAS, A Certified Survey Map (CSM) was submitted by John Jewell on behalf of Andy Laschen and
Amanda Neumann for a four (4) lot land division located at W194 S6968 Hillendale Drive / Tax Key No.
2180.061.002, and
WHEREAS, This CSM is create four parcels including one parcel with a house and three new buildable lots
from a larger parcel, and
WHEREAS, The proposed lots are approximately 19,110 SF, 55,603 SF, 21,245 SF and 23,208 SF in size,
and
WHEREAS, The property is zoned PD-43 Kenwood Place Planned Development District and is consistent
with the Code, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposed lot is consistent with the plan, and
WHEREAS, Hillendale Drive and Kenwood Drive have been previously dedicated, and
WHEREAS, The lots are served by public sewer system and municipal water.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by John Jewell on behalf of Andy Laschen and Amanda Neumann for a four (4) lot land division located at
W194 S6968 Hillendale Drive / Tax Key No. 2180.061.002, subject to technical corrections as identified by
the City Engineers and Planners and payment of all applicable fees and outstanding assessments, if
applicable.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 12, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
18
61'
Certified Survey Map No.
Being a re —division of Lot 2, Certified Survey Map No. 11038, being o part of the
Southeast 114 and the Southwest 114 of the Southeast 114 of Section 5, Township 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
I
NE Comer SW 1/4
Sec. 5-5-20
Grid Coordinates:
N=342, 029.48
E=2, 464,154.54
Conc. Monument
W/ Bross Cop
Lot 1 4�W
/ CSM 11038
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S 633227" E
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S 3714249" E
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S 633223" E
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S 8922107" E
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4870'46"
N 003755" E
N 473309" W
(N 232743" W)
(N 003759" E)
(N 473305" W)
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38. 43'
37.78'
N 2972'11 " W
36 42 05"
N 4733 09" W
N 10 51 08" W
(N 2972 07" W)
(N 4733'05" W)
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Elevation Datum: NGVD 1929
Bearings Referenced To The Wisconsin State
Plane Coordinate System Grid, South —Zone
(NAD83/2011)
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Professional Land Surveyors
W207SB240 Hillendale Drive
Muskego, N 53150
Phone: 414-429-4862
Email: Mike0surveyse.com
Website: surveyse.com,
Prepared For
Sharon Laschen
S70W19373 Kenwood Drive
Muskego, M 53150
Prepared By.
Michael P. Casey, P.L.S. #2482
Southeast Survey, LLC
W207S8240 Hillendale Drive
Muskego, Wl 53150
Southeast Survey Job No. 23075
Sheet 1 Of 4
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City of Muskego
Plan Commission Supplement PC 049-2023
For the meeting of. September 12, 2023
REQUEST: Building, Site and Operation Plan Amendment Approval for the Muskego Youth Football at
Bay Lane Elementary School
S75 W16399 Hilltop Drive / Tax Key No. 2200.998.001
SE '/4 of Section 10
PETITIONER: Ryan Murphy of Muskego Youth Football
INTRODUCED: September 12, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 049-2023
Ryan Murphy of Muskego Youth Football is seeking Plan Commission approval of a Building, Site and
Operation Plan Amendment to allow for temporary lighting for youth football practice at the Bay Lane
Elementary School. Last year via Resolution PC 052-2022 Muskego Youth Football obtained approval
for the lights for 2022, but they needed to come back to Plan Commission this year to re -approve the
BSO Amendment to ensure that there were no issues from the neighbors.
CONSISTENCY WITH ADOPTED PLANS O49-2023
Comprehensive Plan: The 2020 Plan depicts the property as Government and Institutional uses.
This proposal is consistent with the Plan.
Zoning: The property is zoned 1-1 Government and Institutional District. The
proposed use is consistent with the Code.
STAFF DISCUSSION PC 049-2023
As noted above, Ryan Murphy is seeking sign approval from the Plan Commission on behalf of the
Muskego Youth Football program again. All details of the lighting including the portable generator light
trailers, the timeframe and positioning of the light trailers will all remain the same as last year.
As a reminder, there will be five (5) portable generator light trailers that extend to a height of 25' 8" with
four LED light fixtures on each trailer. The temporary lights will be used on weekdays only between
October 3rd and October 281" from dusk until 8:00 PM when the lights will be turned off. The lighting
trailers will be located approximately 100 feet from the property line to the south and the same must occur
to the property line to the east.
The intention is to be able to continue to hold youth football practice at Bay Lane Elementary School,
which does not have any lighting on the open field that is used for football in the fall. Since football
occurs during the fall months and daylight shrinks with sunset occurring earlier by the day the Muskego
Youth Football rents lights to allow for evening practice toward the end of their season. The lights on the
trailers were selected to minimize the sound of the generators for the lights to lessen impacts to the
neighboring residential homes.
20
Exterior lighting for specified outdoor recreational uses allows for light sources not exceeding a maximum
pole height of fifty (50) feet. The proposed lighting is much shorter than allowed.
Additionally, if the luminaire is shielded in either orientation or landscaped buffer, the luminaire may be
positioned exceeding a total cutoff angle of 90 degrees. According to the specifications, the light spillover
with the light height at 23 feet and on a 70-degree tilt will broadcast at least 0.5 footcandles of light nearly
200 feet. The light fixtures closest to the Quietwood Creek subdivision to the east are aimed toward the
west away from the residences and no lights will be directed directly south towards the other nearby
homes. The lights on the across the southern portion that will be aimed mainly westward will spill 0.5
footcandles up to 80 feet to the side toward the homes. Based on their location being approximately 100
feet away from the property lines, there would be less than 0.5 footcandles on their property and the lights
will be completely turned off by 8:00 PM.
The Planning Division did not receive any complaints or concerns regarding the lights last year for football
practice. After reaching out to the Police Chief and Alderman of the district, they have not had any
complaints or concerns about the lights either.
In subsequent years, because there have not been any issues from the neighbors, Muskego Youth
Football will only need re -approval if there becomes nuisance issues with the neighbors or if there is a
change or modifications the quantity of lights/trailers, positioning of the lights or the duration of the lights.
If there are any complaints related to the noise, brightness, or time that the lights are on then Muskego
Youth Football must address these issues with City Staff immediately and/or come back to Plan
Commission with a Plan to address the issue(s).
Overall, staff feels as though the location of the lights/generators, the limited duration in October and the
fact that these lights will be off by 8:00 PM, that this will be a viable solution for Muskego Youth Football
to hold practices.
STAFF RECOMMENDATION PC 049-2023
Approval of Resolution PC 049-2023
21
RESOLUTION #P.C. 049-2023
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR
MUSKEGO YOUTH FOOTBALL
LOCATED IN THE SE'/4 OF SECTION 10
(S75 W16399 HILLTOP DRIVE / TAX KEY NO. 2200.998.001)
WHEREAS, A submittal was received from Ryan Murphy on behalf of Muskego Youth Football for
approval of temporary outdoor lighting at Bay Lane Elementary School located at S75 W16399
Hilltop Drive / Tax Key No. 2200.998.001, and
WHEREAS, The proposed temporary lighting will allow for youth football practice at the Bay Lane
Elementary School, and
WHEREAS, Last year via Resolution PC 052-2022 Muskego Youth Football obtained approval for
the lights for 2022, but they needed to come back to Plan Commission this year to re -approve the
BSO Amendment to ensure that there were no issues from the neighbors, and
WHEREAS, The Planning Division, Police and the Alderman of the district did not receive any
complaints or concerns regarding the lights last year for football practice, and
WHEREAS, The lighting will consist of five (5) portable generator light trailers that extend to a
height of 25' 8" with four LED light fixtures on each trailer, and
WHEREAS, The temporary lights will be used on weekdays only between October 3rd and
October 28'h from dusk until 8:00 PM when the lights will be turned off, and
WHEREAS, Muskego Youth Football rents these lights to allow for evening practice toward the
end of their season, and
WHEREAS, The lighting trailers will be located approximately 100 feet from the property line to
the south and the same must occur to the property line to the east, and
WHEREAS, Based on the location of the lights being approximately 100 feet away from the
property lines, there would be less than 0.5 footcandles on the neighboring residential properties,
and
WHEREAS, Exterior lighting for specified outdoor recreational uses allows for light sources not
exceeding a maximum pole height of fifty (50) feet, and
WHEREAS, The light fixtures closest to the Quietwood Creek subdivision to the east are aimed
toward the west away from the residences and no lights will be directed directly south towards the
other nearby homes.
THEREFORE BE IT RESOLVED, The Plan Commission approves of temporary outdoor lighting
at Bay Lane Elementary School located at S75 W16399 Hilltop Drive / Tax Key No.
2200.998.001.
BE IT FURTHER RESOLVED, The approval of these lights, subject to these conditions and the
plans approved as part of this request, will not need any further re -approvals unless changes or
issues arise.
BE IT FURTHER RESOLVED, If there are any changes to the quantity of lights/trailers, duration
of the lights being on -site, the time that the lights will be on then Muskego Youth Football must
propose the change to the Plan Commission.
BE IT FURTHER RESOLVED, If there are any complaints related to the noise, brightness, or time
that the lights are on then Muskego Youth Football must address these issues with City Staff
immediately and/or come back to Plan Commission with a plan to address the issue(s).
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of
23
this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: September 12, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
24
LO
N
Muskego Youth Football
Building, Site and Operation Plan Application
Planning Services — Community Development
Bay Lane Elementary Temporary Lighting Plan
Date: August 9, 2023
Dear Plan Commission Members:
On behalf of the Muskego Youth Football (MYF) organization, my name is Ryan Murphy and please
accept this submission to allow for temporary lighting at Bay Lane Elementary.
Description of the request:
MYF holds practices for almost 350 players at Bay Lane Elementary on weekday evenings. Over the
years, MYF has worked closely with Bay Lane Elementary leadership to minimize any impact to school
functions, including end of day pick ups and traffic patterns. MYF's goal is to be an excellent user of
these facilities and work closely with Bay Lane Elementary and the surrounding Muskego neighbors.
MYF is requesting to use light towers from October 3rdto October 28`'' during the week from
approximately, dusk until 8 PM. The need for these lights is to help with safety of the players leaving the
fields and to have sufficient lighting during practice when in the fall the sunset occurs about 6:00 PM on
or about October 21, 2023.
MYF has considered and evaluated other options, including starting practices earlier or holding more
practices during the week with shorter intervals. These options come with more negative impacts,
including conflicts with the Bay Lane Elementary student release times, traffic congestion that would
impact all students and busing, safety, family and coach availability and league rules on number of days
of practices allowed.
In consideration of the surrounding Muskego residents, MYF will take the following measures to reduce
and eliminate any impact:
1. MYF will rent the newest models of light plants that generate very little sound. These newer and
more costly light plants almost eliminate sound at a distance of 25'.
2. The lights from the units will be directed only onto the practice fields and will not be directed
towards Bay Lane Elementary neighbors.
3. MYF will place the light plants in efficient locations to only shine the lights on the practice fields.
4. The lights will not be used on weekend nights.
The lights will be turned off by 8 PM.
The lights will only be used from October 3`duntil October 28d'.
1. BSO — Written Description:
• Petitioner: Muskego Youth Football, Ryan C. Murphy, 414.405.9743,
boda,muskegoyouthfootball.com
• Design Assist: Edgerton Contractors, Inc. provided the map for the submission. Ryan C.
Murphy is affiliated with that company.
• Existing Zoning: Government, Institutional and Public Service District
• No change requested of the existing zoning.
co
N
• Current use is for elementary school functions and for MYF football practices and other
youth and community events.
• No changed proposed uses.
• No change or modification to the Comprehensive Plan.
• There are no existing environmental features that would be altered or changed. The area is
basically youth sports playing fields.
• MYF services almost 350 families for football and about 150 families through its cheer
program.
• No changes to the open space or other physical features.
• MYF's request is to temporarily use light poles, under 50 feet in height, to illuminate youth
football practice fields.
• There is no impact to any City facilities for this request and submission.
• No additional traffic generation will result from this request. Conversely, the goal of this
request is to eliminate traffic congestion during school release times and during peak travel
times within the City.
• Please see attached a copy of the specifications of the light plants.
• There are no MSDS impacts to this request.
• No exterior changes to the Bay Lane Elementary School.
• MYF does not anticipate any future expansions related to this request.
• Please see the attached map and layout.
2. BSO — Property Site Plan Drawing:
• See attached. This plan shows the existing properties and a layout of the proposed light
plants.
ITEMS 3 to 11 ARE NOT APPLICABLE TO THIS SUBMISSION.
3. BSO — Landscaping Plan:
4. BSO — Grading and Erosion Plan:
5. BSO — Elevation Drawings
6. BSO — Color Renderings and Perspective Renderings
7. BSO — Photo Simulations and 3-D Virtual Visualizations
8. BSO —Plat of Survey
9. BSO — A Detailed Site Analysis
10. BSO—A Surety
11. BSO — Developers Deposit
City of Muskego
Plan Commission Supplement PC 050-2023
For the meeting of. September 1 Z 2023
REQUEST: Building, Site and Operation Plan Amendment (BSO) for Dish Wireless, LLC.
W 146 S6360 Tess Corners Drive / Tax Key No. 2165.998.002
NE'/ of Section 2
PETITIONER: Nora Geci of Fullerton Engineering on behalf of Dish Wireless, LLC.
INTRODUCED: September 12, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 050-2023
Nora Geci, agent for Dish Wireless, LLC. is seeking a Building, Site and Operation (BSO) Plan
amendment to allow Dish Wireless, LLC. to co -locate their equipment on the existing monopole and
house the ancillary equipment on a platform at the base of the pole.
CONSISTENCY WITH ADOPTED PLANS 050-2023
Comprehensive Plan: The 2020 Plan depicts the property as industrial uses. This proposal is
consistent with the Plan.
Zoning: The property is zoned M-2 Industrial District. The proposed use is
consistent with the Code.
STAFF DISCUSSION PC 050-2023
As noted above, Nora Geci, agent for Dish Wireless, LLC. is seeking a BSO amendment in order to co -
locate Dish Wireless equipment on an existing pole. Dish Wireless will be the fifth set of antennas on this
160-foot existing pole at 95 feet. The other equipment platforms are at 149 feet, 145 feet, 124 feet and
105 feet.
The ground equipment will be on a new 5-foot by 7-foot platform outside of the existing structures onsite
and within the existing fenced equipment area. The platform will be elevated 1'5" and the equipment is
approximately 5' for a total height of 6'5".
Even though the City of Muskego Ordinances require that all ground equipment be located within a single
structure at the base of the tower, federal legislation, which supersedes local ordinances, limits local
ability to require significant modifications to ground equipment as this is considered a change that is not
substantial. The City can encourage placing the ground equipment within an enclosed structure screened
with suitable vegetation.
In the past several years the approval process has been changed requiring co -location applications to be
treated similar to a typically commercial project. Therefore, with a change to the exterior, Plan
Commission approval is needed.
WA
Staff recommends approval of this BSO amendment with limited aesthetic controls of the equipment at
the base of the tower.
STAFF RECOMMENDATION PC 050-2023
Approval of Resolution PC 050-2023
28
RESOLUTION #PC 050-2023
Supplemental Map
DISH Wireless
W146 S6360 Tess Corners Drive
t 90,Cgo,
SKEGO
WC
Q Agenda Item(s)
Right -of -Way
Properties
0 100 200 Feet
1 1 1
Prepared by City of Muskego Planning Department
in
K
RESOLUTION #P.C. 050-2023
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR
DISH WIRELESS, LLC. LOCATED IN THE NE'/4 OF SECTION 2
(W146 S6360 TESS CORNERS DRIVE / TAX KEY NO. 2165.998.002)
WHEREAS, A submittal was received from Nora Geci, agent for Dish Wireless, LLC. for a
Building, Site and Operation (BSO) Plan amendment located at W146 S6360 Tess Corners Drive
/ Tax Key No. 2165.998.002, and
WHEREAS, The petitioner is seeking approval to co -locate Dish Wireless equipment on an
existing monopole structure and house the ancillary equipment on a platform at the base of the
pole, and
WHEREAS, Dish Wireless will be the fifth set of antennas on this 160-foot existing pole at 95 feet,
and
WHEREAS, The ground equipment will be on a new 5-foot by 7-foot platform outside of the
existing structures onsite and within the existing fenced equipment area, and
WHEREAS, Even though the City of Muskego Ordinances require that all ground equipment be
located within a structure at the base of the tower, federal legislation, which supersedes local
ordinances, limits local ability to require significant modifications to ground equipment as this is
considered a change that is not substantial.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and
Operation Plan amendment for Dish Wireless, LLC. located at W146 S6360 Tess Corners Drive /
Tax Key No. 2165.998.002.
BE IT FURTHER RESOLVED, Any additional exterior modifications or alterations will require
Plan Commission approval.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting will need approvals from the
Planning Division before any lighting changes can be made and all City required lighting specs
must be met, include all fixtures being full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of
this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: September 12, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
30
PROPOSED DON WIRELESS,
LLC 8'-r x T-O'
LEAS A. / T.
SEE SITE PLAN
re:�o wv
L3 1 �/\- _
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NOTES
1. CONTRA= SHALL FIELD VERIFY ALL DItENSK
2. ANTENNAS AND MOUNTS OMITTED FOR CLARITY.
0
NOTES
1. CONTRACTOR $HALL MUD VERIFY ALL OMENSIONS
2. OONTRACRIR STALL MAINTAIN A 1C-W MNIBLM
SEPARATION BETWEEN THE PROPOSED CPS UNIT.
TRANSMITTING ANTENNAS AND MISTING CPS UNITS
S AN700M AND MOUNTS OMITTED FOR MARTY.
LEASE AREAAS PLATFORM
PROPOSED DISH wmis. LLa:
tr WIDE ILL INOX
ENLARGED SITE PLAN 2
1U
SITE LOCATION
do
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AERAIL VIEW NO SCALD 3
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LITTLETON. CID 00120
ULLERTON
I I DO E. WOODFIELD ROAD. SUITE 500
SCHAUMBURG, IWNOIS 60173
TEL 847-9088/00
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A@E PROJECT NUMBER
410900-14486142
DISH Mr.1... L.L.C.
PROJECT INFORMATION
MWMKE00268B
S. 6365 TESS CORNERS ROAD
MUSKEGO, WI 53150
SHEET TITLE
OVERALL AND ENLARGED
SITE PLAN
SHEET NUMBER
A-1
W
NOTES
1. CON MR SHALL FIELD VERIFY
ALL DIMENSIONS
2 ANTENNA AND YW DISH
SPEORCATI°NS REFER TO
ANTENNA SCHEDULE AND TO MAL
CONSTRICTION RFDS FOR ALL RF
DETAILS
a DOSTNG EQUIPMENT AND FENCE
OMITTED FOR CLARITY.
EIISTING ENTRY PORT
PROPOSED DISH WiE1E35\
LLC. ICE D D01
PROPOSED DISH WRELIs.
LLC EOUFYENT ON
PROPOSED STEEL PIATF—
FROPOSD DIAL WIRELESS,
LLC CPS INIT
PER SIRUCTVRAL ANALYSIS COMPLETED BY
AMMCAN TOWER ODPDORAMOK DATED o8/12/2023,
THE EJCSTNG TOWER CAN ADEQUATELY SW PORT
THE PROPOSED LOADING
EASTWG HIGHEST APPURTENANCE
LOP EL O 16tl-W A
EASING PANEL ANTENNAS
RACE CENTER o 119'-01 AGL
EASING MWoROE'It�
LOP EL o ILK'-0' AGL
EASING PANEL ANTENNAS
RACE CENTER E IIS-O' A0.
EASING PANEL ANTENNAS
RAO CENTER o 121'-0' A.
EASING PANEL ANTENNAs'd' RAO CENTER O 106'-0* AGL
(3) PROPOSED DIEM WPEJLST, ILL
RACE CENTa B 9P-0' AGL
PROPOSED a91 WREIFBS LLC. EIrT PTTh
RID CEIIEIR O6Y-7 ACL�
(1) PROPOSED DLSN ORDESS, LLC.
HTBRD — ROUTED NSRE POLE SHAFT
(SE SaDCTaRAL ANALYSES)
12' 8' 1 O 10' 2L
3/32•-1'-0•
SEED a91 WAEL SS. ML ANTENNA
PER SECTOR, TOTAL 3)
SED D WREIESS. ILO. RRH
PER SECTOR, TOTAL 6)
SED 06x WPE ESS I1L
TO-BAL% MOUNT
FOR SECTM TOTAL 3)
SD OBI WEEIESS, LEG
:110E
SEED ONI WRELESS, U.C.
NA PLATFORM
SCOPE - YC-PIl6-D91)
ANTENNA
I TRAN91SSION CABLE
SECTOR
POSITIGY
EXISTING OR
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4AlUFACNRER -TYRE'
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SIZE (HXW)
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FEED UE TYPE
AND U34GTH
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36
ARIA
2 ANTENNA AND RRH MODELS WAY CHANGE DUE M EQUIPMENT
AVAILABIUtt. ALL EQUIPMENT CHANGES MUST BE APPROVED AND
REMAIN IN COMPLIANCE WTH THE PROPOSED DESIM AND
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A6:E PRDJECT NUMBER
410900-14486142
DISH Wr 4,,s LLC.
PROJECT INFORMATION
MWMKE00268B
S. 6365 TESS CORNERS ROAD
MUSKEGO, WI 53150
SHEET TITLE
ELEVATION, ANTENNA
LAYOUT AND SCHEDULE
SHEET NUMBER
A-2
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PROPO4D DISH 1RNRELESS, U.C.
PROPOSED OBI YGRESA UL
OPS UNIT
PROPOSED Del EEESS, liL
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PROPOSED DBR EGRESS, M1C
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PROPOSED DISH IW]E55, I.I.C.
PRDPOSSD DISH MIItIUM U.C.
Q BOX SPACE RESERVED
F REOIIED
PROPOSED DISH
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COMMSCOPE MTC4045LP
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DIMENSIONS (wwm) 1F1A4'1A0'
TOTAL WF)G T 42T lH5
occ TO oPROVIDE DnvroED
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REQUIRED HEIGHT EXCEEDS 1Y
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31
CALV u Ba
MYIF BASE
PLATE
SIM FRONT
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NOTES
1. CONTRACTOR TO BURY PLATFOIOI FEET WTN A MINIMUM OF 2'OF
2'_I•
FILL PER DU51N0 STE SURFACE2. W® BNNFR FABRIC TO BE ADDED AT DISCRETION OF DISH
WIRELESS. LLC. CONSTRUCTION MANAODI AT TIME OF
PROPOSE) DISH
"'EIS LLC.
CONSTRUCTION. ONE SIEEF BSA' INSTALLED LINER ALL FOUR
FEET OF THE PLATFORM (4 ML RACK PLASTIC)
OPS OF
S EauP1RNr CABINET OMITTED FOR CLARITY
091 YGEIESS U.0
b
EOUPMENT CABINET
II
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CONDUIT
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REQUIRED BY
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4 ML HEED BARREN (TW)
EQUIPMENT P.ATFORN FOOTPAD (TIP)
BACK ELEVATION
NOT USED No scALE 12• s' 6' a• o r T 5
4 H-FRAME EQUIPMENT ELEVATION
d.*,s,h-
5701 SOUTH SANTA FE DRIVE
LITTLETON. CO 80120
'-=-,;ULLERTON
1100 E. WOODFIELD ROAD. SUITE 500
SCHAUMBI.RG, ILUNOIS 60173
TFL 847.9088400
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DRAWN BY:
CHECKED BY:
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REV
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DESCRIPTION
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A&E PROJECT NUMBER
410900-14486142
DISH W .1— ..LC.
PROJECT INFORMATION
MWMKE00268B
S. 6365 TESS CORNERS ROAD
MUSKEGO, WI 53150
SEREST TITLE
EQUIPMENT PLATFORM AND
H-FRAME DETAILS
SHEET NUMBER
A-3
M
t
Fuller- * n
"SoGN p[Vf1.OF COP!
August 14, 2023
Adam Trzebiatowski
City of Muskego
W182 S8200 Racine Ave.
Muskego, WI 53150
RE: City of Muskego — PROJECT DESCRIPTION LETTER — MWMKE00268B /14486142
Dear Adam,
Cellular carrier DISH Wireless plans to install their new equipment to an existing structure located at: S. 6365
Tess Corners Road, Muskego, WI 53150, parcel ID MSKC2165998002. I am the agent representing the tower
owner, American Tower Corporation (ATC) and the carrier, DISH Wireless, hired to complete the zoning and
permitting approvals to install the new equipment on this tower.
The project will be comprised of changes on the existing tower:
INSTALL (3) proposed panel antennas (1 per sector), (1) proposed antenna platform mount; proposed jumpers;
(6) proposed RRUs (2 per sector); (1) proposed over voltage protection device (OVP); (1) proposed hybrid cable.
as per plans. There will be no increase to the height of the tower.
GROUND SCOPE OF WORK: INSTALL (1) proposed metal platform; (1) proposed ice bridge;(1) proposed PPC
cabinet; (1) proposed equipment cabinet;(1) proposed power conduit; (1) proposed TELCO conduit; (1) proposed
TELCO-Fiber box; (1) proposed GPS unit; (1) proposed safety switch (if required); (1) proposed ciena box (if
required); (1) proposed service meter inside existing multi -meter bank. There will be no expansion to the
existing compound footprint.
The total valuation of this project is $25,000.
Please reach out to me at 217-636-4468 or ngeci@fullertonengineering.com if you have any questions.
Thank you,
Nora Geci
Project Lead
Fullern
M-11C- a a_"%ELOP CC1nLtkU _ I
Office Number: 217-636-4468
ngeci@fullertonengineering.com
Digilall, ig,e 1, Nora Gecl
ON: rn No Geci, o=Fulklon
engine ring, ou=Palle on Engineering,
Nora Geci
mail=ngeclp(ulterlonenginee ring.com,
c=US
Da 1e:2023.MA416:10:30 W2'00'
City of Muskego
Plan Commission Supplement PC 004-2023
For the meeting of. September 12, 2023
REQUEST: Building, Site and Operation Plan Amendment (BSO) for Jewell Homes, LLC.
Tax Key No. 2196.031 / W173 S7600 Westwood Drive
SE '/ of Section 9
PETITIONER: Jewell Homes, LLC.
INTRODUCED: February 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 004-2023
Jewell Homes, LLC. is seeking a Building, Site and Operation Plan Amendment approval to amend the
original BSO approved in June 2020. More specifically, the petitioner is requesting the condition of
approval that requires the parking area to have a concrete curb and gutter installed be removed so it does
not need to be installed.
CONSISTENCY WITH ADOPTED PLANS 004-2023
The 2020 Plan depicts the property as Medium Density Residential uses.
Comprehensive Plan: This proposal is not consistent with the plan. However, this property has
been continually used as a contractors shop and the continued use of this
property would be permitted.
Zoning: The front of the property is zoned B-3 General Business District. This
proposal is consistent with the Code.
STAFF DISCUSSION PC 004-2023
UPDATE
The Plan Commission discussed the BSO Amendment at the February 7, 2023 Plan Commission
meeting. They ultimately deferred their decision until the September 2023 meeting to see how the
petitioner has followed all of the other conditions of the original BSO approval from Resolution PC
036-2020 approved at the June 2020 Plan Commission Meeting. The issues from the original
Resolution and subsequent discussions include the following, which were sent to the petitioner
on Friday, September 1, 2023. The petitioner's responses are in red:
1. There is long grass on site. Per City codes the grass/weeds cannot exceed 8" in height. The
entire property needs to be cut and maintained at the proper height at all times. This also
includes along the sides and back of the building too as those areas are extra overgrown. This
will be addressed. will do a cleanup over the weekend and address with the landscaper for
the future.
2. There are some paint issues by the address tiles that needs to cleaned up. Paint touch up will
be done.
35
3. One of the items that was included in your submittal of work you were going to do to the
property mentioned repairing the brick on the property. Currently there are numerous areas
on the brick faces that are in really rough shape and many areas have not yet been repaired.
The mason patched one area and was unhappy with how well it blended, we can certainly
patch in more of the areas, but there is concern of how well this will "blend together" I will
discuss with the mason on Tuesday and get a resolution on this.
4. The inlet by the southwest portion of the site appears to be high as compared to your
driveway and there appears to be some type of makeshift pole that was placed in the side of
the inlet structure to make it functional. (No response from petitioner).
5. There also seems to be some drainage issues in the grass area with the inlet on the northwest
portion of the property. There was some type ditch that appears to have been dug to make
this drainage work. This will need to be looked at further to determine the issue. The
fiberoptic box is very high compared to the remainder of the site including the drain. I had this
marked out by Diggers Hotline and they cannot guarantee the heights that the lines come out
of the box. The "ditch" that was dug does work, and we will get that turned into a
permanent swale.
6. There are a few exterior lights that were installed on the building that did not get planning
approval and do not meet the City's lighting specs. These lights need to be removed or proper
fixtures and/or mounting details must be provided to planning staff for review for compliance
with City lighting code. All new lighting needs to full cut off and have zero degree tilt. We
also will need to see a photometric plan showing the lighting levels at the lot lines.
be removed.
7. In the paved areas, there are numerous areas of wash out where gravel and/or dirt are
scattered around the parking lot. This is a sign that the drainage and/or grading may not be
working properly. Final lift of asphalt is not installed yet.
8. There are areas of rutting in some of the new lawn areas were it is obvious that vehicles have
left the paving and found there way into the grass areas, which can also lead to muddy
conditions and erosion control concerns. I cannot control peoples lack of ability to drive.
9. Behind the building there are some materials that need to be placed within the building or
removed from site, including a ladder and a bucket from some equipment. Will be removed.
10. The area behind the garage does not appear to have been restored either. Please restore this
area with topsoil and seed. (No response from petitioner).
11. There is a trailer on site still, but it was relocated from this site down towards the back of the
shopping center building. Trailer parking like this was not part of the approved site plans for
either site and as such, needs to be removed from the properties or placed within a building.
Will be removed.
12. The tree planting requirements along the south lot line have not been completed per the
requirements. You need to work with the neighbor to install additional plantings. This has
been resolved per the owner to the south.
13. The color of the new and painted brick on the building appears to be a brown color and your
proposal to the PC and permitting stated it was going to be a aged pewter color. Can you
please explain the change. Our designer thought this color was better, and is in the same color
palette as pewter.
The petitioner has also recently discussed the possibility of a fence along the southern property
line. Information was provided and it was noted that Plan Commission approval would be
required for any future fencing. Also, relating to comment #12, at the time of writing of this
document it was verified with the homeowner to the south that the applicant has not reached out
to them with an agreeable solution relating to the landscaping that needed to be installed along
the south lot line.
As mentioned above, a BSO was approved on June 2, 2020 via Resolution PC 036-2020 to allow a
building that was previously used as a plumbing contractors shop was being converted to a contractors
36
shop for Jewell Homes with a building expansion and site improvements in two phases. The first phase
was to include building improvements such as brick repair to the exterior, overhead doors added to the
southern wall, wood and window repair, cleaning and painting the exterior to fit with surrounding
properties. The site work would include asphalt repair, grass/landscaping repair and general clean-up of
the entire site.
The second phase to the project is to add approximately 2,700 square feet to the rear of the building.
The addition would include a pitched asphalt roof with the brick to match the existing and fiber cement
siding. The remaining site work including additional asphalt repair and landscaping would be completed.
Although the work within each phase has been adjusted by the petitioner as the addition was constructed,
but the brick and window repairs and painting have yet to happen, there is still more work that needs to
be completed prior to obtaining Final Occupancy of the building. One of the items left includes the
concrete curb and gutter installed for the parking/drive area. As part of the resolution, the following
conditions were approved:
`BE IT FURTHER RESOLVED, Any paving beyond normal repairs will require further review and
formal approvals."
`BE IT FURTHER RESOLVED, If at any point the parking/driveway area is reconstructed the City
would require concrete curb and gutter throughout the site. "
As stated in the BSO application narrative, the petitioner is asking that the curb and gutter requirement be
removed for the following reasons:
1. The parking lot to the north abutting this property does not have curb and gutter, so there is no
aesthetic gain.
2. We have achieved the proper drainage on the site, adding curb and gutter would impede that.
3. Per the original resolution no curb and gutter would be needed if repair work was done, per the
pictures this was truly the only viable repair work that could have been done.
Back in Fall, during a routine trip including site visits throughout the City it was noticed that the entire
parking lot had been removed and the site was being preped for a new driveway and parking area.
Contact was made with the petitioner to remind him that a Zoning Permit was required for any paving and
that since the entire parking area was removed and not being repaired, the Resolution stated that
concrete curb and gutter was also required.
Similar to the original approval for this site and all of the other non-residential sites throughout the City,
normal repairs to existing paving has been approved without the need to add curb and gutter. If the
Jerome Drug property to the north is reconstructing their site then concrete curb and gutter would be
required for that site as well. Additionally, curbing adds a clean aesthetic to sites and helps ensure
vehicles do not park on the lawn and help to prevent rutting to grass areas due to vehicles leaving the site
paving.
Pertaining to the second note related to storm water drainage, Scott Kroeger the City Director of Public
Works and Development Director, said that simple adjustments to the curbing like curb cuts, would not
prohibit any storm water from flowing to where the water should flow.
Lastly, removing the entire parking lot and driving area to install an entirely new parking lot is not normal
repair any longer and would be considered reconstruction. Although not defined anywhere, normal
paving repair typically includes a section or a few sections of the parking/driving area being cut out and
replaced as a patch. It is not conceivable to call a full replacements and/or completely new paved areas
a repair.
Since this site is within the Janesville Road commercial corridor, or the "downtown" area of the City and
where the City has required concrete curb and gutter on all newer non-residential projects in/near
commercial corridors, staff recommends that the concrete curb and gutter requirement remain in place
and the resolution is drafted as such. This is a common/current practice for commercial properties even
when they are not one lot off of a main commercial roadway.
If the Plan Commission determines that the concrete curb and gutter is not necessary for this project, staff
would then recommend a Plan Commission discussion be had to provide direction as to when staff
37
should and should not be guiding future non-residential developers in the planning stages as to the curb
and gutter for individual projects moving forward as the original resolution follows past practices of
requiring curbing is scenarios like this.
STAFF RECOMMENDATION PC 004-2023
Approval of Resolution PC 004-2023, if the Plan Commission is going to keep the original
requirement of curb and gutter being required.
OR an Amendment to Resolution PC 004-2023, if the Plan Commission is not going to require curb
and gutter on this site.
38
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RESOLUTION #P.C. 004-2023
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
JEWELL HOMES, LLC LOCATED IN THE SE'/4 OF SECTION 9
(TAX KEY NO. 2196.031 / W173 S7600 WESTWOOD DRIVE)
WHEREAS, A submittal was received from Jewell Homes, LLC. for a Building, Site and Operation Plan
Amendment (BSO) located at W173 S7600 Westwood Drive / Tax Key No. 2196.031, and
WHEREAS, a BSO was approved on June 2, 2020 via Resolution PC 036-2020 to allow a building that was
previously used as a plumbing contractors shop was being converted to a contractors shop for Jewell Homes with
a building expansion and site improvements in two phases, and
WHEREAS, The first phase would include building improvements such as brick repair to the exterior, overhead
doors added to the southern wall, wood and window repair, cleaning and painting the exterior and site work
including asphalt repair, grass/landscaping repair and general clean up of the entire site, and
WHEREAS, The second phase to the project is to add approximately 2,700 square feet to the rear of the building
and the remaining site work including additional asphalt repair and landscaping, and
WHEREAS, The property is governed by the City's General Design Guide, and
WHEREAS, Although the work within each phase has been adjusted by the petitioner as the addition was
constructed, but the brick and window repairs and painting have yet to happen, there is still more work that needs
to be completed prior to obtaining Final Occupancy of the building, and
WHEREAS, It was noticed that the entire parking lot had been removed and prepped for a new driveway and
parking area and so contact was made with the petitioner to remind him that a Zoning Permit was required for any
paving and that since the entire parking area was removed and not being repaired, the approved Resolution
stated that concrete curb and gutter was also required, and
WHEREAS, Similar to the original approval for this site and all of the other non-residential sites throughout the
City, normal repairs to existing paving has been approved without the need to add curb and gutter, and
WHEREAS, Simple adjustments to the curbing like curb cuts, would not prohibit any storm water from flowing to
where the water should flow, and
WHEREAS, Removing the entire parking lot and driving area to install an entirely new parking lot is not a normal
repair and would be considered reconstruction and/or replacement, and
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan
Amendment for Jewell Homes, LLC. located at W 173 S7600 Westwood Drive / Tax Key No. 2196.031.
BE IT FURTHER RESOLVED, Since the entire parking/driving area has been removed it is considered
reconstruction and requires concrete curb and gutter be installed.
BE IT FURTHER RESOLVED, All stipulations of Resolution PC 036-2020 remain in effect.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be
maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the
imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred: February 7, 2023
Introduced: February 7, 2023
ATTEST: Adam Trzebiatowski, Planning Manager
40
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City of Muskego
Plan Commission Supplement PC 051-2023
For the meeting of. September 1 Z 2023
REQUEST: Approval of a Building, Site and Operation Plan (BSO) for Citizens Bank
S75 W17358 Janesville Road / Tax Key No. 2193.088.001
SE '/4 of Section 9
PETITIONER: Kevin Kelroy of LaMacchia Group on behalf of Citizens Bank
INTRODUCED: September 12, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 051-2023
A submittal was received from Kevin Kelroy of LaMacchia Group on behalf of Citizens Bank for a BSO
approval for a new freestanding banking branch. Citizens Bank is currently located inside Pick n Save
and would relocating to this new facility.
CONSISTENCY WITH ADOPTED PLANS 051-2023
Comprehensive Plan:
The 2020 Plan depicts the property as commercial land uses. The petition
is consistent with the Plan.
(Zoning: The property is currently zoned B-4 Highway Business District. The petition
�is consistent with the Code.
Park and Conservation FNoacquisitions are proposed in this area. The proposal is consistent with
Plan: Plan.
Street System Plan: All streets are dedicated to their ultimate widths. The proposal is consistent
with the Plan.
Adopted 208 Sanitary Public sanitary sewer serves the property. The proposal is consistent with
,Sewer Service Area: Ithe Plan.
Water Capacity The redevelopment is served by municipal water. The proposal is
Assessment District: consistent with the Plan.
Stormwater Management The existing storm water facilities along Janesville Road will accommodate
(Plan: Ithis development. The proposal is consistent with the Plan.
General Design Guide The General Design Guide and Downtown Design Guide govern this area.
See comments below about building design.
STAFF DISCUSSION PC 051-2023
The applicant is proposing to build a new 2,100 SF bank building with two drive thru facilities separated
from the building in the northern portion of the property.
Architecture
This property is currently governed by the Downtown Design Guide and the General Design Guide. The
proposed building is mostly brick blended with mid to dark earth tones along with charcoal metal panels
on the upper portion of the building and as an accent on the southern side of the building. The entry
53
vestibule is constructed with large window panels and a glass door all framed with black metal
frames/mullions. Similar large windows are also located on all elevations. The east elevation also
includes a night deposit box on a maroon colored metal background. The same maroon color is used as
a horizontal accent on the awning stretching from the northern elevation around the west side of the
building to also cover the windows near the entrance on the south side of the building. Above the
charcoal metal panels where the lengthy maroon awning is located there is also a roof feature that
extends outward from the building with a white edge and wood grain soffit material. Lighting will be
located behind the maroon banding aimed up to illuminating the soffit.
There are two drive thru kiosks with awnings that are designed to match the building. Each awning has
brick columns to match the building with the maroon banding and the canopy feature matches the roof
feature of the building with the white edge and wood grain soffit. A decorative `break' is found at each
kiosk between the brick awning standards. These kiosks or ITM's act as an ATM during non -business
hours, but function as a normal drive thru during business hours with the ability to connect with a teller.
The exact look of the ITM's has not been determined at this point, but the petitioner has stated they will
work with the City to ensure the ITM cabinet fits with the overall design of the site. The resolution states
that the ITM cabinet must match the color scheme of the building.
Along the drive to the ITM kiosks, there is a night depository on the east side of the building. The night
deposit box will be set into the building and would be the same color as the maroon banding around the
building.
The General Design Guide typically requires 50% masonry but the overall quality of the design and
material usage is just as important. The percentages provided show that the east, north and west side of
the building all exceed the 50% masonry requirement. The southern side of the building is slightly lower
at 42% masonry. As part of the narrative there is an explanation of two other designs that were
evaluated, but decided against. The first was to raise the brick up to the wall signage, but the petitioner
determined it would give the appearance of a box -type sign with channel letters. The second option was
to raise the brick higher but the petitioner thought it made the building look linear with eliminating the
emphasis on each of the other architectural elements. Overall, the building is just over 57% masonry.
Staff feels that the overall design of the building with the total masonry proposed sufficiently meets the
intent of the design guide and the Resolution is drafted as such.
Site, Parking, and Access
Access to the site is proposed from Michi Drive. Waukesha County has determined that one of the
existing access to Janesville Road will be closed. Therefore, the petitioner is in communication with the
neighboring property towards the east to establish a formal access easement between the two properties
for access to Janesville Road. Additionally, the Lake Drive right-of-way extends from the north all the way
to Janesville Road on the east side of the site. The petitioner has expressed interest in having the right-
of-way vacated, which staff believes would be well served. Therefore, the Resolution is drafted to include
the petitioner vacating the right-of-way prior to final occupancy.
The plans show a concrete curb and gutter extending from the southern side of the Michi Drive
ingress/egress around the southern side of the site. The remainder of the site is shown with a barrier
curb. Similar to all other development and redevelopment projects within the City, when new asphalt is
being installed or repaired that areas be outlined with concrete curb and gutter. The Resolution is drafted
as such.
Drive thru patrons will be guided around the east side of the building to the two ITM kiosks where the
drive aisle splits into two lanes. After the drive thru ITM kiosk, patrons would be headed directly toward
the exit back onto Michi Drive.
Each of the drive aisles must be a minimum of 24 feet wide for two-way traffic and 12 feet wide for one-
way traffic as required by the code. All of the drive aisles appear to meet the size requirement, but must
be verified.
Parking is shown along the western side of the building and along the northern side of the site. Per the
zoning code, one (1) space is needed for every 150 SF of customer floor area. The 2,100 square foot
building would require 14 parking stalls and 15 parking stalls are provided. Each stall must be a minimum
of 9' x 18' in size as required by the code and all of the parking stalls appear to exceed the minimum stall
size.
54
Operations
The proposed hours of the business for the lobby are Monday through Friday from 9:00 am to 5:00 pm
and Saturday from 9:00 am to 12:00 noon. The drive thru hours are Monday through Friday from 8:30 am
to 5:30 pm and Saturday from 8:30 am to 12:00 noon. Since the ITMs work as standard ATMs during
non -business hours the drive thru ITMs would be operational 24-hours per day with tellers only available
during the hours presented. All maintenance and deliveries will take place during normal business hours.
Fire Department Approval
The site plan is subject to Fire Department approvals at the time of building permits. Possible changes to
the site plan may be required based upon the final Fire Department review.
Dumpsters/Outdoor Storage
The proposed dumpsters proposed on the plans are adjacent to the northeast corner of the building. The
elevation drawings show a horizontal slatted fence surrounding the dumpsters. The dumpster enclosure
fencing must completely screen the dumpsters and will be reviewed during building permit review.
Landscaping
A landscape plan has been provided that shows landscaping throughout the site but is very difficult to
decipher the quantity and location of each of the plantings. The plans indicate that all of the trees and the
fence will be removed along the north side of the property that abuts a residential neighbor. The petitioner
has stated that the fence will remain.
A final landscape plan must be submitted for formal review before building permits can be issued. The
final landscape plan must include screening for any transformers, air conditioners, and/or wall mounted
mechanical equipment to screen these mechanical units from view. Typically, the City requires some
type of 6-foot evergreen shrubs spaced so that the mechanical units are screened right away and not
dependent upon years of growth to screen. Additionally, all landscaping must be located completely on
private property and all of the plantings within the right-of-way must be removed. The City Forester and
Planning staff will conduct a formal plan review before building permits can be issued.
Lighting
A photometric plan was included along with a schedule of proposed lighting fixtures. The photometric
plan shows lighting levels to be 0.5 foot-candles or less at the lot lines, as required. All lighting must be
zero -degree tilt and full cut-off. Additionally, the light poles cannot have a concrete base more than 6
inches above grade and lights no taller than the 15 feet or the eave of the building, whichever is greater,
to meet the City requirements. Specifications of the light fixtures and the pole lights will be required
during permitting.
Signage
No signage details have been provided at this time. In general, Citizens Bank wall signs are proposed on
the south and west sides of the building along with a freestanding monument sign along each frontage.
The total wall signage allowances are based on the typical code requirements. In the B-4 Zoning District,
a sign size of up to five percent of the wall area is allowed on each fagade.
The monument signs also shown on the plans will need to match the materials of the building. The
resolution states that the monument sign must contain a masonry base to match the building materials.
Separate sign permits will be required before any signage (temporary or permanent) can be installed
including both building and freestanding signs.
Sewer, Water and Stormwater
The development will be served by municipal sanitary sewer and water. The stormwater facilities along
Janesville Road will accommodate this development.
The following are also part of the Plan Commission resolution:
BE IT FURTHER RESOLVED, That the cabinets housing the ITM machines will be painted to match the
color scheme of the building.
BE IT FURTHER RESOLVED, That all curbing on the site include a concrete curb and gutter.
BE IT FURTHER RESOLVED, That the petitioner must complete the Lake Drive right-of-way vacation
prior to final occupancy.
61.1
BE IT FURTHER RESOLVED, That any bollards, railings, ladders, etc. must be painted to match the
colors of the principal structure.
BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the ground or
mounted to the building so they are not moveable.
BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices,
electrical transformers, etc.) must be screened from view and/or incorporated into the design of the
site/structure (screening, etc.) and should be approved by the Planning Division before the issuance of
building permits.
STAFF RECOMMENDATION PC 051-2023
Approval of Resolution PC 051-2023 — Subject to the items noted in the resolution as conditions of
approval.
56
RESOLUTION #PC 051-2023
Supplemental Map
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Citizens Bank
S75 W17358 Janesville Road Q Agenda Item(s)
Right -of -Way
Properties
(�1 C w 0 50 100 Feet
MUSKEGO
Prepared by City of Muskego Planning Department
57
RESOLUTION #P.C. 051-2023
APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN FOR
CITIZENS BANK LOCATED IN THE SE'/4 OF SECTION 9
(S75 W 17358 JANESVILLE ROAD / TAX KEY NO. 2193.088.001)
WHEREAS, A submittal was received from Kevin Kelroy of LaMacchia Group on behalf of
Citizens Bank, for a new freestanding bank located at S75 W17358 Janesville Road / Tax Key
No. 2193.088.001, and
WHEREAS, The site current contain Nikos Cafe, which would be razed as part of this new
proposal, and
WHEREAS, The property is currently zoned B-4 Highway Business District where a bank is a
permitted use with a BSO approval, and
WHEREAS, The 2020 Comprehensive Plan shows this property for commercial uses and the
proposal is consistent with the plan, and
WHEREAS, The lot is served by the municipal sewer and water systems, and
WHEREAS, This property is currently governed by the Downtown Design Guide and the General
Design Guide, and
WHEREAS, The proposed building is clad with a mixture of brick veneer, metal panels, storefront
glazing on windows and metal woodgrain siding under the soffits, and
WHEREAS, The proposed building is mostly brick blended with mid to dark earth tones along
with charcoal metal panels on the upper portion of the building and as an accent on the southern
side of the building, and
WHEREAS, The entry vestibule is constructed with large window panels and a glass door all
framed with black metal frames/mullions, and
WHEREAS, The east elevation also includes a night deposit box on a maroon colored metal
background, and
WHEREAS, The same maroon color is used as a horizontal accent on the awning stretching from
the northern elevation around the west side of the building to also cover the windows near the
entrance on the south side of the building, and
WHEREAS, Above the charcoal metal panels where the lengthy maroon awning is located there
is also a roof feature that extends outward from the building with a white edge and wood grain
soffit material, and
WHEREAS, There are two drive thru kiosks with awnings that are designed to match the building
with each awning having brick columns to match the building, maroon banding and canopy
feature matching the roof feature of the building with the white edge and wood grain soffit, and
WHEREAS, The exact look of the ITM's has not been determined at this point, but the petitioner
has stated they will work with the City to ensure the ITM cabinet fits with the overall design of the
site, and
WHEREAS, The night deposit box will be set into the building and would be the same color as the
maroon banding around the building, and
WHEREAS, The General Design Guide typically requires 50% masonry but the overall quality of
the design and material usage is just as important, and
58
WHEREAS, The east, north and west side of the building all exceed the 50% masonry
requirement, but the southern side of the building is slightly lower at 42% masonry but the overall
building masonry percentage is just over 57%, and
WHEREAS, The overall design of the building with the total masonry proposed sufficiently meets
the intent of the design guide, and
WHEREAS, Access to the site is proposed directly from Michi Drive and via a shared access with
Muskego Beer and Liquor along Janesville Road, and
WHEREAS, The petitioner is in communication with the neighboring property towards the east to
establish a formal access easement between the two properties, and
WHEREAS, The Lake Drive right-of-way (unimproved) extends from the north all the way to
Janesville Road on the east side of the site, and
WHEREAS, Concrete curb and gutter extending from the southern side of the Michi Drive
ingress/egress around the southern side of the site, and
WHEREAS, Drive thru patrons will be guided around the east side of the building to the two ITM
kiosks where the drive aisle splits into two lanes, and
WHEREAS, Each of the drive aisles must be a minimum of 24 feet wide for two-way traffic and 12
feet wide for one-way traffic as required by the code and all of the drive aisles appear to meet the
size requirement, but must be verified, and
WHEREAS, Parking is shown along the western side of the building and along the northern side
of the site, and
WHEREAS, Per the zoning code, one (1) space is needed for every 150 SF of customer floor
area and with the 2,100 square foot building 14 parking stalls are needed and 15 parking stalls
are provided, and
WHEREAS, Each stall must be a minimum of 9' x 18' in size as required by the code and all of
the parking stalls appear to exceed the minimum stall size, and
WHEREAS, The proposed hours of the business for the lobby are Monday through Friday from
9:00 am to 5:00 pm and Saturday from 9:00 am to 12:00 noon with the drive thru hours being
Monday through Friday from 8:30 am to 5:30 pm and Saturday from 8:30 am to 12:00 noon, and
WHEREAS, All maintenance and deliveries will take place during normal business hours, and
WHEREAS, The proposed dumpsters, as shown on the plans, are adjacent to the northeast
corner of the building with the elevation drawings showing a horizontal slatted fence surrounding
the dumpsters, and
WHEREAS, A landscape plan has been provided that shows various landscaping throughout the
site, and
WHEREAS, The fence along the northern property line will remain and with additional
landscaping will provide a buffer for the neighboring residential property to the north, and
WHEREAS, The final landscape plan must include plantings around any transformers, air
conditioners, and/or wall mounted mechanical equipment to screen these mechanical units from
view, and
59
WHEREAS, Specifications of proposed lighting fixtures was submitted, and
WHEREAS, Wall signs are proposed on the south and west sides of the building along with a
freestanding monument sign along each frontage, and
WHEREAS, The development will be served by municipal sewer and water, and
WHEREAS, The stormwater facilities along Janesville Road will accommodate this development.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and
Operation Plan for Citizens Bank located at S75 W17358 Janesville Road / Tax Key No.
2193.088.001.
BE IT FURTHER RESOLVED, That the cabinets housing the ITM machines will be painted to
match the color scheme of the building.
BE IT FURTHER RESOLVED, That all curbing on the site include a concrete curb and gutter and
not just barrier curb.
BE IT FURTHER RESOLVED, That the petitioner must complete the Lake Drive right-of-way
vacation prior to final occupancy.
BE IT FURTHER RESOLVED, A separate sign permit will be required before any signage
(temporary or permanent) can be installed and this includes any signage on the building or
freestanding and the base of any freestanding signage needs to match the masonry on the
building.
BE IT FURTHER RESOLVED, Each parking stall must be a minimum of 9' x 18' in size as
required by the code.
BE IT FURTHER RESOLVED, No outdoor storage or display of products is allowed at any time
on site.
BE IT FURTHER RESOLVED, All lighting must be zero degree tilt and full cut-off and the
concrete bases for any pole lights cannot exceed 6 inches in height above grade.
BE IT FURTHER RESOLVED, The height of any light poles cannot exceed the greater of either
15 feet or the average eave height of the building.
BE IT FURTHER RESOLVED, That all of the drive aisles must be a minimum of 24 feet wide for
two-way traffic and 12 feet wide for one-way traffic.
BE IT FURTHER RESOLVED, The site plan is subject to Fire Department approvals before
Building Permits can be issued and possible changes to the site plan may be required based
upon the final Fire Department review.
BE IT FURTHER RESOLVED, The dumpster enclosure fencing must completely screen the
dumpsters.
BE IT FURTHER RESOLVED, The final landscape plan must be submitted for formal review
before building permits can be issued and changes/additions to the plan may be required.
BE IT FURTHER RESOLVED, All landscaping must be located completed on private property
and not within the right-of-way.
BE IT FURTHER RESOLVED, That any bollards, railings, ladders, etc. must be painted to match
the colors of the principal structure.
60
BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the
ground or mounted to the building so they are not moveable.
BE IT FURTHER RESOLVED, That all roof top, wall mounted and ground mechanicals (including
HVAC devices, electrical transformers, etc.) must be screened from view and must be approved
by the Planning Division before the issuance of building permits.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: September 12, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
61
N
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[Type here]
CITIZENS BANK
Branch relocation — New Build
S75W17358 Janesville Rd
Muskego, WI 53150
Written Description
Contact information:
Citizens Bank:
Jeffery L. Standafer
President & Chief Executive Officer
301 N Rochester St
Mukwonago, WI 53149
(262) 363-6541
Design / Builder:
LaMACCHIA Group
Robert Christiansen
Project Manager
157 N Milwaukee St
Milwaukee, WI 53202
(141) 223-4400
Civil Engineer
Farris, Hansen & Associates, Inc.
Warren E. Hansen, P.E.
P.O. Box 437
Elkhorn, WI 53121
(262) 949-4150
OUR BUSINESS IS BUILDING YOURS
LaMACCHIA
GROUP
PLAN • BRAND . DESIGN - BUILD � EVOLVE
157 North Milwaukee Street
Milwaukee, Wisconsin 53202
T 414.223.4400 F 414.223.4488
www.lamacchiagroup.com
M
co
[Type here]
OUR BUSINESS IS BUILDING YOURS
LaMACCHIA
GROUPALV
Citizens Bank is excited to expand its presence in the City of Muskego. Currently located inside Pick N
Save, Citizens Bank is looking relocate down the street to a new 2,100 square foot, freestanding branch.
Currently the property is the home to Nikos Cafe. Citizens Bank has partnered with LaMacchia Group to
design the new building and redesign the existing property.
The current structure is intended to be completely removed and the new structure will be located
slightly further back from Janesville road to comply with current zoning regulations. LaMacchia Group is
working with Warren Hansen from Farris, Hansen & Associates, Inc for the civil engineering and Jessica
Walther from Woodland Consulting for the site lighting design and photometrics. Further engineers will
be brought onboard for the building design as the project progresses to that point.
The building is designed to be a 1 story structure, majority masonry exterior, with features to make it
pleasing to the eye and attract interest. The brick chosen has a blend of mid to dark earth tones which
will complement nicely with the charcoal metal panels used at the top band and as a feature on the
south wall. At the west and half of the south elevation is an overhang feature. The underside of that is to
be a longboard metal siding. That will be up lit by lights behind the maroon band. The intent of this
lighting is to add a glow to that soffit, it will be directed up at the soffit and will not be directly lighting
the metal wall panels. Not lighting those panels is a choice made so they are more uniform with the
appearance of the panels around the remainder of the building. In select areas we a using Citizens Bank
brand color to add some pop to the architectural banding. That is a steel band that projects about 14"
from the masonry face and there is negative space behind, which is where we will locate our linear
lighting sources, so they are hidden from view. At the night depository on the East side of the building,
the linear fixture will be directed down to illuminate the depository both for customer use and for
security at that location. Other site lighting will be accomplished with recessed downlights at the main
entry, surface light at the employee entry, and pole lights at 15' tall with maximum 6" above finished
grade concrete bases.
The masonry percentages for the opaque areas of the elevations are:
East: 369 sf masonry/638 sf opaque= 58%
North: 434 sf masonry/633 sf opaque= 68.5%
West: 300 sf masonry/504 sf opaque= 59.5%
South: 246 sf masonry/591 sf opaque= 42%
1 would like to address the South elevation and explain why the number is what we are proposing. We
have explored several options to bring the brick percentages up, I will go over the two options that were
closest to working. The first option would be to bring brick under the Citizens Bank cannel lettering,
however doing so takes that building element and makes it look like a box sign with channel letters on it.
Another option we have explored is moving the transition of the brick to metal panel up, but the
thinness of the panels made the building look very linear, and reduced look of the other elements that
make this building pop. We propose that what we are showing here is the best all around solution and
makes the building read best as a whole.
PLAN • BRAND � DESIGN � BUILD � EVOLVE
157 North Milwaukee Street
Milwaukee, Wisconsin 53202
T 414.223.4400 F 414.223.4488
www.lamacchiagroup.com
Iq
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[Type here]
OUR BUSINESS IS BUILDING YOURS
LaMACCHIA
GROUP
This branch will be served by a drive-thru that is not attached to the building. This will be accomplished
using ITM's, similar to ATMs, but with advanced features and the ability to connect with a live teller
during business hours. They then function the same as an ATM during non -business hours, thereby
reducing the need for a third dedicated ATM lane. Each of the two ITMs will receive its own freestanding
canopy structure. The structures will be comprised of the same materials as the main building and
complement the building's architecture. Currently the exact make/model of ITM has not been chosen.
We will work with the city when the final selection has been made to get approval on their cabinet
design.
We understand that the screening of all equipment is very important and have addressed that to the
extent possible at this time. The refuse and recycling containers will be located in a corral near the rear
door. That is intended to be made from cedar painted same color as the charcoal metal panels, as to
blend with the other areas of the building. The HVAC condenser units are located to the rear (north) of
the building, and those are intended to be fully screened with landscaping that will be tall enough at
planting to conceal them. Currently we are working with WE Energies, but do not know the final location
for the transformer. We understand this also need to be fully screened, and will work with the staff to
make sure this is properly done.
At this time we have not sought the vacation of the Right -of -Way on the East boundary of the property.
Citizens Bank is in full support of that being vacated. The intended groundbreaking for the building is to
be in spring. If the city would like to see that vacated, there would be an opportunity to do so before
construction begins. We have been in contact with the county to ensure that the work we are proposing
on Janesville Road compliant with what they would approve. The county engineering department has
stated they support eliminating the corner access point, and would approve what we are currently
showing.
On the following pages are a few of the statistical numbers and calculations for the project.
PLAN - BRAND - DESIGN - BUILD • EVOLVE
157 North Milwaukee Street
Milwaukee, Wisconsin 53202
T 414.223.4400 F 414.223.4488
www.lamacchiagroup.com
co
[Type here]
Statistics
Building Current Zoning: B4
- Bank is an approved use in this zoning.
Current Land Use: Restaurant
- Niko's Cafe and Bar
Land Use Per Comprehensive Plan: Commercial
- Redevelopment District: Downtown
Projected amount of dwelling area, floor area
- Dwelling: None
- Floor Area: 2,100 sf.
OUR BUSINESS IS BUILDING YOURS
LaMACCHIA
GROUPALV
Traffic Generation:
- Bank should typically generate less or similar traffic compared to current restaurant use.
- Drive thru traffic discharges towards Michi, the traffic light at corner should control congestion.
Operational Considerations:
- Hours:
o Lobby - Mon -Fri: 9:00 am — 5:00 pm. Sat: 9:00 am — Noon
o Drive Thru - Mon -Fri: 8:30 am — 5:30 pm. Sat: 8:30 am— Noon
- Maintenance work/Deliveries: During typical business hours
- Street Access: Reduce from 3 access points to 2
o Current direct access from Janesville at corner to be eliminated.
o Current cross axis with Liquor store to the east to remain.
o Current access from Michi Road to remain.
- Exterior Lighting: Photometrics included in packet.
Exterior Building & Fencing Materials:
- Building will be a combination of
o Brick Veneer
o Metal Panel
o Storefront Glazing
o Metal (panel or plank, TBD) woodgrain siding.
Possible Future Expansion: Non Expected
Other Pertinent Information:
- Drive-thru stacking: 4 per lane.
PLAN • BRAND • DESIGN • BUILD � EVOLVE
157 North Milwaukee Street
Milwaukee, Wisconsin 53202
T 414.223,4400 F 414.223.4488
www.lamacchiagroup.com
OUR BUSINESS IS BUILDING YOURS
[Type here] LaMACCHIA
GROUPALV
o LaMACCHIA Group designs & builds financial Branch facilities in 46 states currently. As a
specialist in this field, we conclude this will be adequate to serve the needs of the drive-
thru at this location.
Parking Requirements:
- Retail stores 1 per 150 sf. = (2,100 sf / 150) = 14 stalls required.
- 15 proposed parking stalls are shown on the plan.
PLAN , BRAND • DESIGN • BUILD � EVOLVE
157 North Milwaukee Street
Milwaukee, Wisconsin 53202
T 414.223.4400 F 414.223.4488
www.lamacchiagroup.com
MODEL VIEWS
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City of Muskego
Plan Commission Supplement PC 052-2023
For the meeting of. September 1 Z 2023
REQUEST: Approval of a BSO Amendment for Schultz Gun Club
W146 S8025 Schultz Lane / Tax Key No. 2213.982
NE'/ of Section 14
PETITIONER: Chuck Kremer of Schultz Gun Club
INTRODUCED: September 12, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 052-2023
The petitioner is requesting a Building, Site and Operation Plan (BSO) Amendment in order to construct another
structure on the Schultz Gun Club property for restroom facilities. The petitioner is not proposing any additions to
any of the other buildings.
CONSISTENCY WITH ADOPTED PLANS 052-2023
,The 2020 Plan depicts the property as medium density residential land use. The
Comprehensive Plan: proposal is not consistent with the Plan. However, it is consistent with Council
authorized licenses and permits.
Zoning: The property is zoned RS-2 Suburban Residence District. The structure is
permitted subject to BSO approval.
Park and Conservation Plan: N acquisitions are proposed in this area. The
Plan.
Street System Plan: All streets are dedicated to their ultimate widths.
the Plan.
Adopted 208 Sanitary Sewer The property is served via private septic systems.
Service Area: Ithe Plan.
Water Capacity Assessment rThe property is serviced via private water well. The proposal is consistent with the
District: lan.
Stormwater Management
Plan:
General Design Guide
DISCUSSION PC 052-2023
proposal is consistent with the
The proposal is consistent with
The proposal is consistent with
The Engineering Department will review the proposal
applicable stormwater management requirements.
Tr he
he General Design Guide governs this area. See
building design.
during permitting for all
comments below about
As mentioned above the petitioner is seeking a BSO Amendment to construct an accessory building on the
property for additional restroom facilities for patrons. No operational changes are proposed on the property with the
additional accessory structure.
The new building is proposed as a 258.75 square foot (11.5' x 22.5') concrete building on the northern portion of
the property near an existing pole building. The structure will be approximately 10'6" in height. The entire building
is concrete molded such that the exterior will have a darker beige colored wood ship -lap appearance. The concrete
corners, trim and doors will be a lighter khaki color and the roof being a weathered wood color concrete
encompassing the colors of the concrete siding and trim.
No other signage or lighting changes have been proposed. If any lighting or signage will be added in the future,
separate permits and reviews are required.
The resolution states the following requirements/notes:
BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review and formal
approvals.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will need
approvals from the Planning Division before any lighting changes can be made and all City required lighting specs
must be met, include all fixtures being full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, No outdoor storage is allowed without further Plan Commission approvals.
STAFF RECOMMENDATION PC 052-2023
Approval of Resolution #PC 052-2023, subject to all conditions listed in the supplement and resolution.
77
RESOLUTION #P.C. 052-2023
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
SCHULTZ GUN CLUB LOCATED IN THE NE'/4 OF SECTION 14
(W146 S8025 SCHULTZ LANE / TAX KEY NO. 2213.982)
WHEREAS, A submittal was received from Chuck Kremer of Schultz Gun Club for a Building, Site and Operation
(BSO) Plan Amendment located at W146 S8025 Schultz Lane / Tax Key No. 2213.982, and
WHEREAS, The petitioner is proposing to construct another structure on the Schultz Gun Club property for
restroom facilities, and
WHEREAS, No operational changes are proposed to occur, and
WHEREAS, The property is governed by the City's General Design Guide, and
WHEREAS, The main item in the General Design Guide is to provide four sided architecture with at least 50%
masonry products, and
WHEREAS, The new building is proposed as a 258.75 square foot (11.5' x 22.5') concrete building on the
northern portion of the property near an existing pole building, and
WHEREAS, The structure will be approximately 10'6" in height, and
WHEREAS, The entire building is concrete molded such that the exterior will have a darker beige colored wood
ship -lap appearance, and
WHEREAS, The concrete corners, trim and doors will be a lighter khaki color and the roof being a weathered
wood color concrete encompassing the colors of the concrete siding and trim, and
WHEREAS, No additional signage is proposed at this time, and
WHEREAS, No new lighting has been proposed at this time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan
Amendment for Schultz Gun Club located at W146 S8025 Schultz Lane / Tax Key No. 2213.982.
BE IT FURTHER RESOLVED, All building and site work will require staff review and building permits prior to work
commencing.
BE IT FURTHER RESOLVED, Any additional signage (temporary or permanent) will require further review and
formal approvals.
BE IT FURTHER RESOLVED, No outdoor storage/display is being requested and as such, no outdoor
storage/display is allowed without further Plan Commission approvals.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will need
approvals from the Planning Division before any lighting changes can be made and all City required lighting specs
must be met, include all fixtures being full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be
maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the
imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: September 12, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
79
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nFL00R PLAN
Floor plans are for reference only. This drawing shall not be copied or
submitted to others without the consent of this company.
4154 123rd St. Chippewa Falls, WI 54729 1 715-723-7446
HUFFCUTT.COM
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5" CONCRETE ROOF PANELS WITH
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Floor plans are for reference only. This drawing shall not be copied or
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HUFFCUTT 4154 123rd St. Chippewa Falls, WI 54729 1 715-723-7446
HUFFCUTT.COM
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HUFFCUTT
4154 123rd St. Chippewa Falls, WI 54729 1 715-723-7446
HUFFCUTT.COM
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If this form has been filled out electronically, please click on the "Print Application" button on
the top of page 1 or to the right of this text. I Print Application
Once the application is printed/filled out it can be submitted to the Planning Services
Division along with any applicable information required for your submittal. Please see the
attached sheet to ensure that the proper supporting documents are submitted along with
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I HEREBY CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THE BUILDING, SITE, AND
OPERATION PLAN PROCEDURE AND FAILURE TO COMPLY WITH CITY REQUIREMENTS WILL
RESULT IN THIS APPLICATION BEING WITHHELD FROM CONSIDERATION BY THE PLAN
COMMISSION.
Signature of the Property Owner:
SGhu/12 Gu,) Club -
Print Name:
i
Date:
8-23-23
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Print Name:
Date:
For Planning Services Use Only
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Fees Paid: {—" Yes : No
Page 2 of 9
City of Muskego
Plan Commission Supplement PC 053-2023
For the meeting of: September 1 Z 2023
REQUEST: Recommendation to Common Council to amend Chapter 386 Floodplain Zoning
PETITIONER: City of Muskego
INTRODUCED: September 12, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
DISCUSSION PC 053-2023
The Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management
Agency (FEMA) have released new floodplain maps and a new Flood Insurance Study (FIS) documents
for potions of our region, including Muskego. As part of this, the City's Floodplain Zoning ordinance
needs to be updated to reflect these new maps and FIS. Also, the DNR and FEMA provide communities
with code text that the City needs to adopt if they want to be compliant with all State and Federal
Floodplain regulations, which allows the City's residents to be allowed to purchase flood insurance.
Based on those items, the attached repeal and re-creation of Chapter 386 (Floodplain Zoning) is being
brought forward for approval. The propose code text meets the requirements of the DNR and FEMA.
A public hearing for the Zoning Code amendments was held on Tuesday, September 5, 2023 before the
Common Council. There were no comments or concerns raised at the public hearing.
**Full details of the code amendments are included as Exhibit A as part of the Resolution.
STAFF RECOMMENDATION PC 053-2023
Approval of Resolution PC 053-2023
85
Exhibit A
FLOODPLAIN ORDINANCE FOR CITY OF MUSKEGO
TABLE OF CONTENTS
Article I STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE,
AND GENERAL PROVISIONS....................................................................................................................4
386-1 STATUTORY AUTHORIZATION.....................................................................................................4
386-2 FINDING OF FACT.............................................................................................................................4
386-3 STATEMENT OF PURPOSE..............................................................................................................4
386-4 TITLE...................................................................................................................................................4
386-5 GENERAL PROVISIONS....................................................................................................................4
A. AREAS TO BE REGULATED...................................................................................................4
B. OFFICIAL MAPS & REVISIONS..............................................................................................4
C. ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS................................................5
D. LOCATING FLOODPLAIN BOUNDARIES.............................................................................6
E. REMOVAL OF LANDS FROM FLOODPLAIN ........................................................................6
F. COMPLIANCE............................................................................................................................6
G. MUNICIPALITIES AND STATE AGENCIES REGULATED.................................................7
H. ABROGATION AND GREATER RESTRICTIONS.................................................................7
I. INTERPRETATION.......................................................................................................... 7
J. WARNING AND DISCLAIMER OF LIABILITY........................................................... 7
K. SEVERABILITY................................................................................................................8
L. ANNEXED AREAS FOR CITIES AND VILLAGES....................................................... 8
Article II GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS ..................................... 8
386-6 REVIEW OF PERMIT APPLICATIONS AND SUBDIVISION PROPOSALS.................................8
386-7 HYDRAULIC AND HYDROLOGIC ANALYSES.............................................................................8
386-8 WATERCOURSE ALTERATIONS....................................................................................................9
386-9 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT..........................................................................9
386-10 PUBLIC OR PRIVATE CAMPGROUNDS.......................................................................................9
Article III FLOODWAY DISTRICT(FW).................................................................................................................11
386-11 APPLICABILITY.............................................................................................................................11
386-12 PERMITTED USES.........................................................................................................................11
386-13 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY......................................................12
386-14 PROHIBITED USES........................................................................................................................14
Article IV FLOODFRINGE DISTRICT (FF).............................................................................................................14
386-15 APPLICABILITY.............................................................................................................................14
386-16 PERMITTED USES.........................................................................................................................14
386-17 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE.................................................14
Article V OTHER FLOODPLAIN DISTRICTS.........................................................................................................17
386-18 GENERAL FLOODPLAIN DISTRICT (GFP)................................................................................17
386-19 FLOOD STORAGE DISTRICT.......................................................................................................18
Article VI NONCONFORMING USES......................................................................................................................19
386-20 GENERAL........................................................................................................................................19
386-21 FLOODWAY DISTRICT.................................................................................................................24
386-22 FLOODFRINGE DISTRICT............................................................................................................25
386-23 FLOOD STORAGE DISTRICTS.....................................................................................................25
87
ArticleVII ADMINISTRATION................................................................................................................................25
386-24 ZONING ADMINISTRATOR.........................................................................................................25
386-25 ZONING AGENCY..........................................................................................................................31
386-26 BOARD OF ADJUSTMENT/APPEALS.........................................................................................31
386-27 TO REVIEW APPEALS OF PERMIT DENIALS...........................................................................34
386-28 FLOODPROOFING STANDARDS.................................................................................................35
386-29 PUBLIC INFORMATION................................................................................................................36
ArticleVIII AMENDMENTS.....................................................................................................................................36
386-30 OBSTRUCTIONS OR INCREASES...............................................................................................36
386-31 GENERAL........................................................................................................................................36
386-32 PROCEDURES.................................................................................................................................36
Article IX ENFORCEMENT AND PENALTIES.......................................................................................................37
386-33 Violation and penalties......................................................................................................................37
ArticleX DEFINITIONS............................................................................................................................................37
386-34 Word Usage......................................................................................................................................37
386-35 Definitions.........................................................................................................................................37
88
Article I STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITL
AND GENERAL PROVISIONS
386-1 STATUTORY AUTHORIZATION
This ordinance is adopted pursuant to the authorization in s. 61.35 and 62.23, for villages and cities; and
the requirements in s. 87.30, Stats.
386-2 FINDING OF FACT
Uncontrolled development and use of the floodplains and rivers of this municipality would impair the
public health, safety, convenience, general welfare, and tax base.
386-3 STATEMENT OF PURPOSE
This ordinance is intended to regulate floodplain development to:
A. Protect life, health and property;
B. Minimize expenditures of public funds for flood control projects;
C. Minimize rescue and relief efforts undertaken at the expense of the taxpayers;
D. Minimize business interruptions and other economic disruptions;
E. Minimize damage to public facilities in the floodplain;
F. Minimize the occurrence of future flood blight areas in the floodplain;
G. Discourage the victimization of unwary land and homebuyers;
H. Prevent increases in flood heights that could increase flood damage and result in conflicts
between property owners; and
Discourage development in a floodplain if there is any practicable alternative to locate the activity,
use or structure outside of the floodplain.
386-4 TITLE
This ordinance shall be known as the Floodplain Zoning Ordinance for City of Muskego, Wisconsin.
386-5 GENERAL PROVISIONS
A. AREAS TO BE REGULATED
This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, Al-30,
or AE on the Flood Insurance Rate Map. Additional areas identified on maps approved by the
Department of Natural Resources (DNR) and local community may also be regulated under the
provisions of this ordinance, where applicable.
B. OFFICIAL MAPS & REVISIONS
Special Flood Hazard Areas (SFHA) are designated as zones A, Al-30, AE, AH, or AO on the
Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood
Insurance Study (FIS) listed in subd. (1) below. Additional flood hazard areas subject to
regulation under this ordinance are identified on maps based on studies approved by the DNR
and listed in subd. (2) below. These maps and revisions are on file in the office of the Public
Works & Development Department, City of Muskego.
(1) OFFICIAL MAPS: Based on the Flood Insurance Study (FIS):
(a) Flood Insurance Rate Map (FIRM), panel numbers 55133C0337G,
55133C0341 G, 55133C0343G, 55133C0458G, and 55133C0478G dated
11 /05/2014;
89
(b) Flood Insurance Rate Map (FIRM), panel numbers 55133C0339H,
55133C0342H,55133C0344H,55133C0361H,55133C0362H,55133C0363H,
55133C0364H,55133C0452H,55133C0454H,55133C0456H,55133C0457H,
55133C0459H,55133C0476H,55133C0477H,and 55133CO479H dated
10/19/2023;
(c) Flood Insurance Study (FIS), volume numbers, for 55133CV001 D,
55133CV002D, 55133CV003D, 55133CV004D, and 55133CV005D dated
10/19/2023.
Approved by: The DNR and FEMA
(2) OFFICIAL MAPS: Based on other studies. Any maps referenced in this section
must be approved by the DNR and be more restrictive than those based on the
FIS at the site of the proposed development.
(a) Blott (Linnie Lac) Dam Failure analysis approved by the Department
of Natural Resources on March 27, 2001, including:
[1] Map dated March 27, 2001, and titled 'Revised Floodplain
Map March 2001'.
[2] Floodway data table dated April 26, 1999, and titled 'Table 2-
Jewel Creek Floodway Data'.
[3] Flood profiles dated April 2, 1999, and titled 'Flood Profiles
Jewel Creek'.
(b) Muskego Dam Failure analysis approved by the Department of
Natural Resources on January 3, 1992, including:
[1] Map dated 1/19/2015 and titled 'Exhibit 1-Hydraulic Shadow
Map Little Muskego Dam'.
[2] Floodway data table dated March 28, 1991, and titled 'Table
1-Little Muskego Dam Failure Analysis Flood Wave
Summary'.
(c) Flood Storage Map, panel numbers 15 and 16, dated 10/19/2023,
approved by the DNR.
C. ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS
The flood hazard areas regulated by this ordinance are divided into districts as follows:
(1) The Floodway District (FW), is the channel of a river or stream and those
portions of the floodplain adjoining the channel required to carry the regional
floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown
on the FIRM when determined according to s. 386-18E.
(2) The Floodfringe District (FF) is that portion of a riverine special flood hazard area
outside the floodway within AE Zones on the FIRM, or, when floodway limits
have been determined according to s. 386-18E., within A Zones shown on the
FIRM.
(3) The General Floodplain District (GFP) is those riverine areas that may be
covered by floodwater during the regional flood in which a floodway boundary
has not been delineated on the FIRM and also includes shallow flooding areas
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identified as AH and AO zones on the FIRM.
(4) The Flood Storage District (FSD) is that area of the floodplain where storage of
floodwaters is calculated to reduce the regional flood discharge.
D. LOCATING FLOODPLAIN BOUNDARIES
Discrepancies between the exterior boundaries of zones Al-30, AE, AH, or A on the official
floodplain zoning map and actual field conditions may be resolved using the criteria in subd (1)
or (2) below. If a significant difference exists, the map shall be amended according to Article
VIII Amendments. The zoning administrator can rely on a boundary derived from a profile
elevation to grant or deny a land use permit, whether or not a map amendment is required.
The zoning administrator shall be responsible for documenting actual pre -development field
conditions and the basis upon which the district boundary was determined. Disputes between
the zoning administrator and an applicant over the district boundary line shall be settled
according to s. 386-26C. and the criteria in (1) and (2) below. Where the flood profiles are
based on established base flood elevations from a FIRM, FEMA must approve any map
amendment or revision pursuant to s. Article VIII Amendments.
(1) If flood profiles exist, the map scale and the profile elevations shall determine the
district boundary. The regional or base flood elevations shall govern if there are
any discrepancies.
(2) Where flood profiles do not exist for projects, including any boundary of zone A
or, AO the location of the boundary shall be determined by the map scale.
E. REMOVAL OF LANDS FROM FLOODPLAIN
(1) Compliance with the provisions of this ordinance shall not be grounds for
removing land from the floodplain unless it is filled at least two feet above the
regional or base flood elevation, the fill is contiguous to land outside the
floodplain, and the map is amended pursuant to s. Article VIII Amendments.
(2) The delineation of any of the Floodplain Districts may be revised by the
community where natural or man-made changes have occurred and/or where
more detailed studies have been conducted. However, prior to any such change,
approval must be obtained from the Wisconsin Department of Natural Resources
and Federal Emergency Management Agency. A completed Letter of Map
Revision is a record of this approval. The floodplain administrator shall not sign a
community acknowledgement form unless all criteria set forth in the following
paragraphs are met:
(a) The land and/or land around the structure must be filled at least two
feet above the regional or base flood elevation;
(b) The fill must be contiguous to land outside the floodplain; Applicant
shall obtain floodplain development permit before applying for a
LOMR or LOMR-F;
(3) Removal of lands from the floodplain may also occur by operation of
§87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of
map amendment from the federal emergency management agency
under 44 C.F.R. 70.
F. COMPLIANCE
(1) No structure or use within areas regulated by this ordinance shall hereafter be
located, erected, constructed, reconstructed, repaired, extended, converted,
enlarged, or altered without full compliance with the terms of these regulations
91
and all other applicable regulations that apply to uses within the jurisdiction of
these regulations.
(2) Failure to obtain a floodplain development permit shall be a violation of these
regulations and shall be punishable in accordance with Article IX.
(3) Floodplain development permits issued on the basis of plans and applications
approved by the Floodplain Administrator authorize only the use, and
arrangement, set forth in such approved plans and applications, or amendments
thereto if approved by the Floodplain Administrator. Use, arrangement, or
construction contrary to that authorized shall be deemed a violation of these
regulations and punishable in accordance with Article IX.
G. MUNICIPALITIES AND STATE AGENCIES REGULATED
Unless specifically exempted by law, all cities, villages, towns, and counties are required to
comply with this ordinance and obtain all necessary permits. State agencies are required to
comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and
repair of state highways and bridges by the Wisconsin Department of Transportation is exempt
when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees,
DOT must provide sufficient project documentation and analysis to ensure that the community
is in compliance with Federal, State, and local floodplain standards. If a local transportation
project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022,
then the road project design documents (including appropriate detailed plans and profiles) may
be sufficient to meet the requirements for issuance of a local floodplain permit if the following
apply: The applicant provides documentation to the Floodplain Administrator that the proposed
project is a culvert replacement or bridge replacement under 20' span at the same location, the
project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the
top road grade is not raised, and no floodway data is available from a federal, state, or other
source. If floodway data is available in the impacted area from a federal, state, or other source
that existing data must be utilized by the applicant in the analysis of the project site.
H. ABROGATION AND GREATER RESTRICTIONS
(1) This ordinance supersedes all the provisions of any municipal zoning ordinance
enacted under s. 62.23 for cities or s. 87.30, Stats., which relate to floodplains. A
more restrictive ordinance shall continue in full force and effect to the extent of
the greater restrictions, but not otherwise.
(2) This ordinance is not intended to repeal, abrogate, or impair any existing deed
restrictions, covenants, or easements. If this ordinance imposes greater
restrictions, the provisions of this ordinance shall prevail.
INTERPRETATION
In their interpretation and application, the provisions of this ordinance are the minimum
requirements liberally construed in favor of the governing body and are not a limitation on or
repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance,
required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light
of the standards in effect on the date of the adoption of this ordinance or in effect on the date
of the most recent text amendment to this ordinance.
J. WARNING AND DISCLAIMER OF LIABILITY
The flood protection standards in this ordinance are based on engineering experience and
research. Larger floods may occur, or the flood height may be increased by man-made or
natural causes. This ordinance does not imply or guarantee that non-floodplain areas or
permitted floodplain uses will be free from flooding and flood damages. This ordinance does
not create liability on the part of, or a cause of action against, the municipality or any officer or
employee thereof for any flood damage that may result from reliance on this ordinance.
K. SEVERABILITY
Should any portion of this ordinance be declared unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not be affected.
L. ANNEXED AREAS FOR CITIES AND VILLAGES
The Waukesha County floodplain zoning provisions in effect on the date of annexation shall
remain in effect and shall be enforced by the municipality for all annexed areas until the
municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116,
Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). These
annexed lands are described on the municipality's official zoning map. County floodplain
zoning provisions are incorporated by reference for the purpose of administering this section
and are on file in the office of the municipal zoning administrator. All plats or maps of
annexation shall show the regional flood elevation and the floodway location.
Article II GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS
386-6 REVIEW OF PERMIT APPLICATIONS AND SUBDIVISION PROPOSALS
The community shall review all permit applications to determine whether proposed building sites will be
reasonably safe from flooding and assure that all necessary permits have been received from those
governmental agencies whose approval is required by federal or state law.
A. If a proposed building site is in a flood -prone area, all new construction and substantial
improvements shall:
(1) be designed and anchored to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
(2) be constructed with flood -resistant materials;
(3) be constructed by methods and practices that minimize flood damages; and
(4) Mechanical and utility equipment must be elevated to or above the flood
protection elevation.
B. If a subdivision or other proposed new development is in a flood -prone area, the community
shall assure that:
(1) such proposed subdivision or other proposed new development is consistent with
the need to minimize flood damage within the flood -prone area;
(2) public utilities and facilities such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage; and
(3) adequate drainage is provided to reduce exposure to flood hazards.
All subdivision proposals (including manufactured home parks) shall include regional flood
elevation and floodway data for any development that meets the subdivision definition of this
ordinance and all other requirements in s. 386-24B.
386-7 HYDRAULIC AND HYDROLOGIC ANALYSES
A. No floodplain development shall:
93
(1) Obstruct flow, defined as development which blocks the conveyance of
floodwaters by itself or with other development, causing any increase in the
regional flood height; or
(2) Cause any increase in the regional flood height due to floodplain storage area
lost.
B. The zoning administrator shall deny permits if it is determined the proposed development will
obstruct flow or cause any increase in the regional flood height, based on the officially
adopted FIRM or other adopted map, unless the provisions of Article VIII Amendments are
met.
386-8 WATERCOURSE ALTERATIONS
No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local
official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and
required the applicant to secure all necessary state and federal permits. The standards of s. 386-7 must
be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained.
As soon as is practicable, but not later than six months after the date of the watercourse alteration or
relocation and pursuant to Article VIII Amendments, the community shall apply for a Letter of Map
Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the
DNR through the LOMC process.
386-9 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT
Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks,
piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits
are obtained and amendments to the floodplain zoning ordinance are made according to Article VIII
Amendments.
386-10 PUBLIC OR PRIVATE CAMPGROUNDS
Public or private campgrounds shall have a low flood damage potential and shall meet the following
provisions:
A. The campground is approved by the Department of Agriculture, Trade and Consumer
Protection;
B. A land use permit for the campground is issued by the zoning administrator;
C. The character of the river system and the campground elevation are such that a 72-hour
warning of an impending flood can be given to all campground occupants;
D. There is an adequate flood warning procedure for the campground that offers the minimum
notice required under this section to all persons in the campground. This procedure shall
include a written agreement between the campground owner, the floodplain zoning agency or
zoning administrator, the municipal emergency government coordinator and the chief law
enforcement official which specifies the flood elevation at which evacuation shall occur,
personnel responsible for monitoring flood elevations, types of warning systems to be used
and the procedures for notifying at -risk parties, and the methods and personnel responsible
for conducting the evacuation;
E. This agreement shall be for no more than one calendar year, at which time the agreement
shall be reviewed and updated - by the officials identified in sub. D - to remain in compliance
with all applicable regulations, including those of the state Department of Agriculture, Trade
and Consumer Protection and all other applicable regulations;
All mobile recreational vehicles placed on site must meet one of the following:
94
(1) Be fully licensed, if required, and ready for highway use; or
(2) Not occupy any site in the campground for more than 180 consecutive days, at
which time the recreational vehicle must be removed from the floodplain for a
minimum of 24 hours; or
(3) Meet the requirements in either Article III, Article IV, or s. 386-18 for the
floodplain district in which the structure is located;
A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick -disconnect utilities and security devices and has no
permanently attached additions.
G. All camping units that remain on site for more than 30 days shall be issued a limited
authorization by the campground operator, a written copy of which is kept on file at the
campground. Such authorization shall allow placement of a camping unit consistent with
386-1 OF. and shall ensure compliance with all the provisions of this section;
H. The municipality shall monitor the limited authorizations issued by the campground operator
to assure compliance with the terms of this section;
I. The campground shall have signs clearly posted at all entrances warning of the flood hazard
and the procedures for evacuation when a flood warning is issued; and
J. All service facilities, including but not limited to refuse collection, electrical service, gas lines,
propane tanks, sewage systems and wells shall be properly anchored and placed at or
floodproofed to the flood protection elevation; and
K. Standards for structures in a campground:
(1) All structures must comply with section 386-10 or meet the applicable
requirements in Article III, Article IV, or s. 386-18 for the floodplain district in
which the structure is located;
(2) Deck/landing-a portable landing may be allowed for a camping unit for each entry
provided that the landing is not permanently attached to the ground or camping
unit, is no more than 200 square feet in size, shall be portable, contain no walls
or roof, and can be removed from the campground by a truck and/or trailer.
Sections of such portable landings may be placed together to form a single deck
not greater than 200 square feet at one entry point. Provisions for the removal of
these temporary landings during flood events must be addressed within the
written agreement with the municipality compliant with section 386-1 OD. Any
such deck/landing structure may be constructed at elevations lower than the
flood protection elevation but must not obstruct flow of flood waters or cause any
increase in flood levels during the occurrence of the regional flood.
(3) Decks/patios that are constructed completely at grade may be allowed but must
also comply with applicable shoreland zoning standards.
(4) Camping equipment and appurtenant equipment in the campground may be
allowed provided that the equipment is not permanently attached to the ground or
camping unit, is not used as a habitable structure, and must not obstruct flow of
flood waters or cause any increase in flood levels during the occurrence of the
regional flood. Provisions for the removal of this equipment during flooding
events shall be addressed within the written agreement with the municipality
10
95
compliant with section 386-10D.
(5) Once a flood warning in the written agreement has been issued for the
campground, the campground owner or the designated operator shall ensure that
all persons, camping units, decks, camping equipment and appurtenant
equipment in the campground shall be evacuated within the timelines specified
within the written agreement with the municipality compliant with section 386-
10D.
L. A land use permit shall be obtained as provided under 386-24B. before any development;
repair, modification, or addition to an existing structure; or change in the use of a building or
structure, including sewer and water facilities, may be initiated.
Article III FLOODWAY DISTRICT (FW)
386-11 APPLICABILITY
This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to
s. 386-18E.
386-12 PERMITTED USES
The following open space uses are allowed in the Floodway District and the floodway areas of the
General Floodplain District, if:
• they are not prohibited by any other ordinance;
• they meet the standards in s. 386-13 and 386-14; and
• all permits or certificates have been issued according to s. 386-24.
A. Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild
crop harvesting.
B. Nonstructural industrial and commercial uses, such as loading areas, parking areas and
airport landing strips.
C. Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic
grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and
horseback riding trails, subject to the fill limitations of s. 386-13D.
D. Uses or structures accessory to open space uses or classified as historic structures that
comply with s. 386-13 and 386-14.
E. Extraction of sand, gravel or other materials that comply with s. 386-13D.
F. Functionally water -dependent uses, such as docks, piers or wharves, dams, flowage areas,
culverts, navigational aids and river crossings of transmission lines, and pipelines that comply
with chs. 30 and 31, Stats.
G. Public utilities, streets and bridges that comply with s. 386-13C.
H. Portable latrines that are removed prior to flooding and systems associated with recreational
areas and Department -approved campgrounds that meet the applicable provisions of local
ordinances and Ch. SPS 383, Wis. Adm. Code.
I. Public or private wells used to obtain potable water for recreational areas that meet the
requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code.
96
Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm.
Code.
K. Sanitary sewer or water supply lines to service existing or proposed development located
outside the floodway that complies with the regulations for the floodplain area occupied.
386-13 STANDARDS FOR DEVELOPMENT IN THE FLOODWAY
A. GENERAL
(1) Any development in the floodway shall comply with s. 386-6 and have a low flood
damage potential.
(2) Applicants shall provide an analysis calculating the effects of this proposal on the
regional flood height to determine the effects of the proposal according to s. 386-
7 and 386-24B.(3). The analysis must be completed by a registered professional
engineer in the state of Wisconsin.
(3) Any encroachment in the regulatory floodway is prohibited unless the data
submitted for subd. 386-13A.(2) above demonstrates that the encroachment will
cause no increase in flood elevations in flood events up to the base flood at any
location or removes the encroached area from the regulatory floodway as
provided in s. 386-5E.
B. STRUCTURES
Structures accessory to permanent open space uses, including utility and sanitary facilities,
or functionally dependent on a waterfront location may be allowed by permit if the structures
comply with the following criteria:
(1) Not designed for human habitation, does not have a high flood damage potential
and is constructed to minimize flood damage;
(2) Shall either have the lowest floor elevated to or above the flood protection
elevation or shall meet all the following standards:
(a) Have the lowest floor elevated to or above the regional flood
elevation and be dry floodproofed so that the structure is watertight
with walls substantially impermeable to the passage of water and
completely dry to the flood protection elevation without human
intervention during flooding;
(b) Have structural components capable of meeting all provisions of
Section 386-13B.(7) and;
(c) Be certified by a registered professional engineer or architect,
through the use of a Federal Emergency Management Agency
Floodproofing Certificate, that the design and methods of
construction are in accordance with Section 386-13B(7).
(3) Must be anchored to resist flotation, collapse, and lateral movement;
(4) Mechanical and utility equipment must be elevated to or above the flood
protection elevation; and
(5) Must not obstruct flow of flood waters or cause any increase in flood levels during
the occurrence of the regional flood.
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(6) For a structure designed to allow the automatic entry of floodwaters below the
Regional Flood Elevation, the applicant shall submit a plan that meets s. 386-
13B.(1) through 386-13B.(5) and meets or exceeds the following standards:
(a) The lowest floor must be elevated to or above the regional flood
elevation;
(b) a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding;
(c) the bottom of all openings shall be no higher than one foot above the
lowest adjacent grade; openings may be equipped with screens,
louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters, otherwise must
remain open.
(d) The use must be limited to parking, building access or limited
storage.
(7) Certification: Whenever floodproofing measures are required, a registered
professional engineer or architect shall certify that the following floodproofing
measures will be utilized, where appropriate, and are adequate to withstand the
flood depths, pressures, velocities, impact and uplift forces and other factors
associated with the regional flood:
(a) Reinforcement of floors and walls to resist rupture, collapse, or
lateral movement caused by water pressures or debris buildup;
(b) Construction of wells, water supply systems and waste treatment
systems so as to prevent the entrance of flood waters in such
systems and must be in accordance with provisions in Sections 386-
14D. and 386-14E.;
(c) Subsurface drainage systems to relieve external pressures on
foundation walls and basement floors;
(d) Cutoff valves on sewer lines or the elimination of gravity flow
basement drains; and
(e) Placement of utilities to or above the flood protection elevation.
C. PUBLIC UTILITIES, STREETS AND BRIDGES
Public utilities, streets and bridges may be allowed by permit, if:
(1) Adequate floodproofing measures are provided to the flood protection elevation;
and
(2) Construction meets the development standards of s. 386-7.
D. FILLS OR DEPOSITION OF MATERIALS
Fills or deposition of materials may be allowed by permit, if:
(1) The requirements of s. 386-7 are met;
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(2) No material is deposited in navigable waters unless a permit is issued by the
Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the
Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has
been issued, if applicable, and all other requirements have been met;
(3) The fill or other materials will be protected against erosion by riprap, vegetative
cover, sheet piling or bulkheading; and
(4) The fill is not classified as a solid or hazardous material.
386-14 PROHIBITED USES
All uses not listed as permitted uses in s. 386-12 are prohibited, including the following uses:
A. Habitable structures, structures with high flood damage potential, or those not associated
with permanent open -space uses;
B. Storing materials that are buoyant, flammable, explosive, injurious to property, water quality,
or human, animal, plant, fish or other aquatic life;
C. Uses not in harmony with or detrimental to uses permitted in the adjoining districts;
D. Any private or public sewage systems, except portable latrines that are removed prior to
flooding and systems associated with recreational areas and Department -approved
campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis.
Adm. Code;
E. Any public or private wells which are used to obtain potable water, except those for
recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR
812, Wis. Adm. Code;
F. Any solid or hazardous waste disposal sites;
G. Any wastewater treatment ponds or facilities, except those permitted under s. NR
110.15(3)(b), Wis. Adm. Code; and
H. Any sanitary sewer or water supply lines, except those to service existing or proposed
development located outside the floodway which complies with the regulations for the
floodplain area occupied.
Article IV FLOODFRINGE DISTRICT (FF
386-15 APPLICABILITY
This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified
pursuant to s. 386-18E.
386-16 PERMITTED USES
Any structure, land use, or development is allowed in the Floodfringe District if the standards in s. 386-17
are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or
certificates specified in s. 386-24 have been issued.
386-17 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE
Article II shall apply in addition to the following requirements according to the use requested. Any existing
structure in the floodfringe must meet the requirements of Article VI Nonconforming Uses;
A. RESIDENTIAL USES
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Any structure, including a manufactured home, which is to be newly constructed or moved
into the floodfringe, shall meet or exceed the following standards. Any existing structure in the
floodfringe must meet the requirements of Article VI Nonconforming Uses;
(1) All new construction, including placement of manufactured homes, and
substantial improvement of residential structures, shall have the lowest floor
elevated to or above the flood protection elevation on fill. The fill around the
structure shall be one foot or more above the regional flood elevation extending
at least 15 feet beyond the limits of the structure. No area may be removed from
the floodfringe district unless it can be shown to meet s. 386-5E.
(2) Notwithstanding s. 386-17A.(1), a basement or crawlspace floor may be placed
at the regional flood elevation if the basement or crawlspace is designed to make
all portions of the structure below the flood protection elevation watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. No floor of any kind is allowed below the regional
flood elevation;
(3) Contiguous dryland access shall be provided from a structure to land outside of
the floodplain, except as provided in subd. (4).
(4) In developments where existing street or sewer line elevations make compliance
with subd. (3) impractical, the municipality may permit new development and
substantial improvements where roads are below the regional flood elevation, if:
(a) The municipality has written assurance from police, fire and
emergency services that rescue, and relief will be provided to the
structure(s) by wheeled vehicles during a regional flood event; or
(b) The municipality has a DNR-approved emergency evacuation plan
that follows acceptable hazard mitigation planning guidelines.
B. ACCESSORY STRUCTURES OR USES
In addition to Article II, new construction and substantial improvements of Accessory
structures shall be constructed on fill with the lowest floor at or above the regional flood
elevation.
C. COMMERCIAL USES
In addition to Article II, any commercial structure which is erected, altered, or moved into the
floodfringe shall meet the requirements of s. 386-17A. Subject to the requirements of s. 386-
17E., storage yards, surface parking lots and other such uses may be placed at lower
elevations if an adequate warning system exists to protect life and property.
D. MANUFACTURING AND INDUSTRIAL USES
In addition to Article II, any manufacturing or industrial structure which is erected, altered, or
moved into the floodfringe shall have the lowest floor elevated to or above the flood
protection elevation or meet the floodproofing standards in s 386-28. Subject to the
requirements of s. 386-17E., storage yards, surface parking lots and other such uses may be
placed at lower elevations if an adequate warning system exists to protect life and property.
E. STORAGE OF MATERIALS
Materials that are buoyant, flammable, explosive, or injurious to property, water quality or
human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection
elevation or floodproofed in compliance with s. 386-28. Adequate measures shall be taken to
ensure that such materials will not enter the water body during flooding.
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PUBLIC UTILITIES, STREETS AND BRIDGES
All utilities, streets and bridges shall be designed to be compatible with comprehensive
floodplain development plans; and
(1) When failure of public utilities, streets and bridges would endanger public health
or safety, or where such facilities are deemed essential, construction or repair of
such facilities shall only be permitted if they are designed to comply with s. 386-
28.
(2) Minor roads or non -essential utilities may be constructed at lower elevations if
they are designed to withstand flood forces to the regional flood elevation.
G. SEWAGE SYSTEMS
All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood
water into the system, pursuant to s. 386-28C., to the flood protection elevation and meet the
provisions of all local ordinances and ch. SIPS 383, Wis. Adm. Code.
H. WELLS
All wells shall be designed to minimize or eliminate infiltration of flood waters into the system,
pursuant to s. 386-28C., to the flood protection elevation and shall meet the provisions of chs.
NR 811 and NR 812, Wis. Adm. Code.
I. SOLID WASTE DISPOSAL SITES
Disposal of solid or hazardous waste is prohibited in floodfringe areas.
J. DEPOSITION OF MATERIALS
Any deposited material must meet all the provisions of this ordinance.
K. MANUFACTURED HOMES
(1) Owners or operators of all manufactured home parks and subdivisions shall
provide adequate surface drainage to minimize flood damage, and prepare,
secure approval, and file an evacuation plan, indicating vehicular access and
escape routes, with local emergency management authorities.
(2) In existing manufactured home parks, all new homes, replacement homes on
existing pads, and substantially improved homes shall:
(a) have the lowest floor elevated to the flood protection elevation; and
(b) be anchored so they do not float, collapse, or move laterally during a
flood
(3) Outside of existing manufactured home parks, including new manufactured home
parks and all single units outside of existing parks, all new, replacement and
substantially improved manufactured homes shall meet the residential
development standards for the floodfringe in s. 386-17A.
MOBILE RECREATIONAL VEHICLES
All mobile recreational vehicles must be on site for less than 180 consecutive days and be
either:
(1) fully licensed and ready for highway use; or
(2) shall meet the elevation and anchoring requirements in s. 386-17K.(2) and (3).
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A mobile recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick -disconnect utilities and
security devices and has no permanently attached additions.
Article V OTHER FLOODPLAIN DISTRICTS
386-18 GENERAL FLOODPLAIN DISTRICT (GFP)
A. APPLICABILITY
The provisions for the General Floodplain District shall apply to development in all floodplains
mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the
Flood Insurance Rate Maps identified in s. 386-5B.(1).
B. FLOODWAY BOUNDARIES
For proposed development in zone A, or in zone AE within which a floodway is not delineated
on the Flood Insurance Rate Map identified in s. 386-5B.(1), the boundaries of the regulatory
floodway shall be determined pursuant to s.386-18E. If the development is proposed to
encroach upon the regulatory floodway, the development is subject to the standards of Article
III. If the development is located entirely within the floodfringe, the development is subject to
the standards of Article IV.
C. PERMITTED USES
Pursuant to s. 386-18E. it shall be determined whether the proposed use is located within the
floodway or floodfringe. Those uses permitted in the Floodway (s. 386-12) and Floodfringe (s.
386-16) Districts are allowed within the General Floodplain District, according to the
standards of s. 386-18D. provided that all permits or certificates required under s. 386-24
have been issued.
D. STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT
Article III applies to floodway areas, determined to pursuant to 386-18E.; Article IV applies to
floodfringe areas, determined to pursuant to 386-18E.
(1) New construction and substantial improvement of structures in zone AO
shall have the lowest floor, including basement, elevated:
(a) To or above the depth, in feet, as shown on the FIRM above the
highest adjacent natural grade; or
(b) If the depth is not specified on the FIRM, two (2) feet above the
highest adjacent natural grade or higher.
(2) New Construction and substantial improvement of structures in zone AH shall
have the lowest floor, including basement, elevated to or above the flood
protection elevation.
(3) In AO/AH zones, provide adequate drainage paths to guide floodwaters around
structures.
(4) All development in zones AO and zone AH shall meet the requirements of Article
IV applicable to flood fringe areas.
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E. DETERMINING FLOODWAY AND FLOODFRINGE LIMITS
Upon receiving an application for development within zone A, or within zone AE where a
floodway has not been delineated on the Flood Insurance Rate Maps, the zoning
administrator shall:
(1) Require the applicant to submit two copies of an aerial photograph or a plan
which shows the proposed development with respect to the general floodplain
district limits, stream channel, and existing floodplain developments, along with a
legal description of the property, fill limits and elevations, building floor elevations
and flood proofing measures and the flood zone as shown on the FIRM.
(2) Require the applicant to furnish any of the following information deemed
necessary by the Department to evaluate the effects of the proposal upon flood
height and flood flows, regional flood elevation and to determine floodway
boundaries.
(a) A Hydrologic and Hydraulic Study as specified in s. 386-24B.(3).
(b) Plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill or storage elevations; size, location, and
layout of all proposed and existing structures on the site; location
and elevations of streets, water supply, and sanitary facilities; soil
types and other pertinent information.
(c) Specifications for building construction and materials, floodproofing,
filling, dredging, channel improvement, storage, water supply and
sanitary facilities.
386-19 FLOOD STORAGE DISTRICT
The flood storage district delineates that portion of the floodplain where storage of floodwaters has been
taken into account and is relied upon to reduce the regional flood discharge. The district protects the
flood storage areas and assures that any development in the storage areas will not decrease the effective
flood storage capacity which would cause higher flood elevations.
A. APPLICABILITY
The provisions of this section apply to all areas within the Flood Storage District (FSD), as
shown on the official floodplain zoning maps.
B. PERMITTED USES
Any use or development which occurs in a flood storage district must meet the applicable
requirements in s. 386-17.
C. STANDARDS FOR DEVELOPMENT IN FLOOD STORAGE DISTRICTS
(1) Development in a flood storage district shall not cause an increase equal or
greater than 0.00 of a foot in the height of the regional flood.
(2) No development shall be allowed which removes flood storage volume unless an
equal volume of storage as defined by the pre -development ground surface and
the regional flood elevation shall be provided in the immediate area of the
proposed development to compensate for the volume of storage, which is lost,
(compensatory storage). Excavation below the groundwater table is not
considered to provide an equal volume of storage.
(3) If compensatory storage cannot be provided, the area may not be developed
unless the entire area zoned as flood storage district — on this waterway — is
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rezoned to the floodfringe district. This must include a revision to the floodplain
study and map done for the waterway to revert to the higher regional flood
discharge calculated without floodplain storage, as per Article VIII Amendments
of this ordinance.
(4) No area may be removed from the flood storage district unless it can be shown
that the area has been filled to the flood protection elevation and is contiguous to
other lands lying outside of the floodplain.
Article VI NONCONFORMING USES
386-20 GENERAL
A. Applicability
(1) The standards in this section shall apply to all uses and buildings that do not
conform to the provisions contained within a floodplain zoning ordinance or with
s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72.,
these standards shall apply to all modifications or additions to any nonconforming
use or structure and to the use of any structure or premises which was lawful
before the passage of this ordinance or any amendment thereto. A party
asserting existence of a lawfully established nonconforming use or structure has
the burden of proving that the use or structure was compliant with the floodplain
zoning ordinance in effect at the time the use or structure was created.
(2) As permit applications are received for additions, modifications, or substantial
improvements to nonconforming buildings in the floodplain, municipalities shall
develop a list of those nonconforming buildings, their present equalized assessed
value, and a list of the costs of those activities associated with changes to those
buildings.
B. The existing lawful use of a structure or its accessory use which is not in conformity with the
provisions of this ordinance may continue subject to the following conditions:
(1) No modifications or additions to a nonconforming use or structure shall be
permitted unless they comply with this ordinance. The words "modification" and
"addition" include, but are not limited to, any alteration, addition, modification,
structural repair, rebuilding or replacement of any such existing use, structure or
accessory structure or use. Maintenance is not considered a modification; this
includes painting, decorating, paneling and other nonstructural components and
the maintenance, repair or replacement of existing private sewage or water
supply systems or connections to public utilities. Any costs associated with the
repair of a damaged structure are not considered maintenance.
The construction of a deck that does not exceed 200 square feet and that is
adjacent to the exterior wall of a principal structure is not an extension,
modification, or addition. The roof of the structure may extend over a portion of
the deck in order to provide safe ingress and egress to the principal structure.
(2) If a nonconforming use or the use of a nonconforming structure is discontinued
for 12 consecutive months, it is no longer permitted and any future use of the
property, and any structure or building thereon, shall conform to the applicable
requirements of this ordinance;
(3) The municipality shall keep a record which lists all nonconforming uses and
nonconforming structures, their present equalized assessed value, the cost of all
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modifications or additions which have been permitted, and the percentage of the
structure's total current value those modifications represent;
(4) No modification or addition to any nonconforming structure or any structure with
a nonconforming use, which over the life of the structure would equal or exceed
50% of its present equalized assessed value, shall be allowed unless the entire
structure is permanently changed to a conforming structure with a conforming
use in compliance with the applicable requirements of this ordinance. Contiguous
dry land access must be provided for residential and commercial uses in
compliance with s. 386-17A. The costs of elevating the lowest floor of a
nonconforming building or a building with a nonconforming use to the flood
protection elevation are excluded from the 50% provisions of this paragraph;
(5) No maintenance on a per event basis to any nonconforming structure or any
structure with a nonconforming use, the cost of which would equal or exceed
50% of its present equalized assessed value, shall be allowed unless the entire
structure is permanently changed to a conforming structure with a conforming
use in compliance with the applicable requirements of this ordinance. Contiguous
dry land access must be provided for residential and commercial uses in
compliance with s. 386-17A. Maintenance to any nonconforming structure, which
does not exceed 50% of its present equalized assessed value on a per event
basis, does not count against the cumulative calculations over the life of the
structure for substantial improvement calculations.
(6) If on a per event basis the total value of the work being done under (4) and (5)
equals or exceeds 50% of the present equalized assessed value, the work shall
not be permitted unless the entire structure is permanently changed to a
conforming structure with a conforming use in compliance with the applicable
requirements of this ordinance. Contiguous dry land access must be provided for
residential and commercial uses in compliance with s. 386-17A.
(7) Except as provided in subd. (8), if any nonconforming structure or any structure
with a nonconforming use is destroyed or is substantially damaged, it cannot be
replaced, reconstructed, or rebuilt unless the use and the structure meet the
current ordinance requirements. A structure is considered substantially damaged
if the total cost to restore the structure to its pre -damaged condition equals or
exceeds 50% of the structure's present equalized assessed value.
(8) For nonconforming buildings that are substantially damaged or destroyed by a
nonflood disaster, the repair or reconstruction of any such nonconforming
building shall be permitted in order to restore it to the size and use in effect prior
to the damage event, provided that the following minimum requirements are met,
and all required permits have been granted prior to the start of construction:
(a) Residential Structures
[1] Shall have the lowest floor, including basement, elevated to or
above the base flood elevation using fill, pilings, columns, posts,
or perimeter walls. Perimeter walls must meet the requirements
of s. 386-28B.
[2] Shall be anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, and shall be
constructed with methods and materials resistant to flood
damage.
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[3] Shall be constructed with electrical, heating, ventilation,
plumbing and air conditioning equipment and other service
facilities that are designed and/or elevated so as to prevent
water from entering or accumulating within the components
during conditions of flooding.
[4] In A Zones, obtain, review, and utilize any flood data available
from a federal, state or other source.
[5] In AO Zones with no elevations specified, shall have the lowest
floor, including basement, meet the standards in s. 386-18D.
[6] In AO Zones, shall have adequate drainage paths around
structures on slopes to guide floodwaters around and away from
the structure.
(b) Nonresidential Structures
[1] Shall meet the requirements of s. 386-20B.(8)(a)[1]-[6].
[2] Shall either have the lowest floor, including basement, elevated
to or above the regional flood elevation; or, together with
attendant utility and sanitary facilities, shall meet the standards in
s. 386-28 A. or B.
[3] In AO Zones with no elevations specified, shall have the lowest
floor, including basement, meet the standards in s. 386-18D.
C. A nonconforming historic structure may be altered if the alteration will not preclude the
structure's continued designation as a historic structure, the alteration will comply with s. 386-
13A., flood resistant materials are used, and construction practices and floodproofing
methods that comply with s. 386-28 are used. Repair or rehabilitation of historic structures
shall be exempt from the development standards of s. 386-20B.(8)(a) if it is determined that
the proposed repair or rehabilitation will not preclude the structure's continued designation as
a historic structure and is the minimum necessary to preserve the historic character and
design of the structure.
D. Notwithstanding anything in this chapter to the contrary, modifications, additions,
maintenance, and repairs to a nonconforming building shall not be prohibited based on cost
and the building's nonconforming use shall be permitted to continue if:
(1) Any living quarters in the nonconforming building are elevated to be at or above
the flood protection elevation;
(2) The lowest floor of the nonconforming building, including the basement, is
elevated to or above the regional flood elevation;
(3) The nonconforming building is permanently changed to conform to the applicable
requirements of Article II;
(4) If the nonconforming building is in the floodway, the building is permanently
changed to conform to the applicable requirements of 386-13A., 386-13B.(2)
through (5), 386-13C., 386-13D., and 386-21. Any development that adds
additional fill or creates an encroachment in the floodplain from beyond the
original nonconforming structure's 3-D building envelope must determine the
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floodway in accordance with section 386-18E. If the encroachment is in the
floodway, it must meet the standards in section 386-13D.;
(5) If the nonconforming building is in the floodfringe, the building is permanently
changed to conform to the applicable requirements of 386-17 and 386-22;
(6) Repair or reconstruction of nonconforming structures and substantial
improvements of residential buildings in zones Al-30, AE, and AH must have the
lowest floor (including basement) elevated to or above the base flood elevation;
(7) Repair or reconstruction of nonconforming structures and substantial
improvements of non-residential buildings in zones Al-30, AE, and AH must
have the lowest floor (including basement) elevated to or above the base flood
elevation, or (together with attendant utility and sanitary facilities) be designed so
that below the base flood elevation the building is watertight with walls
substantially impermeable to the passage of water and with structural
components capable of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy:
(a) Where a non-residential structure is intended to be made watertight
below the base flood elevation, a registered professional engineer or
architect must develop and/or review structural design,
specifications, and plans for the construction, and must certify that
the design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of s. 386-
20D.(7) above.
(b) The community must maintain a record of such certification including
the specific elevation to which each such structure is floodproofed;
(8) Fully enclosed areas below the lowest floor of repair or reconstruction of
nonconforming structures and substantial improvements in zones Al-30, AE, and
AH that are usable solely for parking of vehicles, building access, or storage,
must be designed to adequately equalize hydrostatic forces on exterior walls by
allowing for the entry and exit of floodwaters. Subsequent improvements to
repaired or reconstructed nonconforming structures must not increase the degree
of their nonconformity. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect, or meet the following
criteria:
(a) A minimum of two openings into each enclosed area must be located
below the base flood elevation and provide a total net area of not
less than one square inch for every square foot of enclosed area.
(b) The bottom of all openings must be no higher than one foot above
the adjacent grade.
(c) Openings may be equipped with screens, louvers, valves, or other
coverings if they permit the automatic entry and exit of floodwaters;
(9) Manufactured homes that are placed or substantially improved within zones A1-
30, AE, and AH outside of a manufactured home park or subdivision, in a new
manufactured home park or subdivision, in an expansion to an existing
manufactured home park or subdivision, or in an existing manufactured home
park or subdivision on which a manufactured home has incurred substantial
damage as a result of flood, must be elevated on a permanent foundation such
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that the lowest floor of the manufactured home is at or above the base flood
elevation, and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement;
(10) Manufactured homes that are placed or substantially improved within zones Al-
30, AE, and AH on existing sites in an existing manufactured home park that is
not undergoing expansion and on which a manufactured home has not incurred
substantial damage as a result of flood must be elevated so that either the lowest
floor of the manufactured home is at or above the base flood elevation, or the
manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade, and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement;
(11) Recreational vehicles placed on sites within zones A11-30, AH, and AE must
either:
(a) Be on site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use (a recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions); or
(c) Meet the elevation and anchoring requirements for manufactured
homes in s. 386-20D.(9)above;
(12) In a regulatory floodway that has been delineated on the FIRM in zone Al-30 or
AE, encroachments, including repair or reconstruction of nonconforming
structures, substantial improvement, or other development (including fill) must be
prohibited unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice that the
proposed encroachment will not result in any increase in flood levels within the
community during the occurrence of the base flood discharge. Subsequent
improvements to repair or reconstructed nonconforming structures must not
increase the degree of their nonconformity;
(13) In zone A, the community must obtain, review, and reasonably utilize any base
flood elevation and floodway data available from a federal, state, or other source
as criteria for requiring repair or reconstruction of nonconforming structures,
substantial improvement, and other development to meet ss. 386-20D.(6)
through (9) (inclusive) above. Any development that adds additional fill or creates
an encroachment in the floodplain from beyond the original nonconforming
structure's 3-D building envelope must determine the floodway in accordance
with section 386-18E. If the encroachment is in the floodway, it must meet the
standards in section 386-13D.). Subsequent improvements to repair or
reconstructed nonconforming structures must not increase the degree of their
nonconformity;
(14) In zones Al-30 or AE where a regulatory floodway has not been delineated on
the FIRM, repair or reconstruction of nonconforming structures, substantial
improvement, or any development that adds additional fill or creates an
encroachment in the floodplain from beyond the original nonconforming
structure's 3-D building envelope must determine the floodway in accordance
with section 386-18E. If the encroachment is in the floodway, it must meet the
standards in section 386-13D. Subsequent improvements to repair or
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reconstructed nonconforming structures must not increase the degree of their
nonconformity;
(15) In zone AO, repair or reconstruction of nonconforming structures and substantial
improvements of residential structures must have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM (at least two feet if no depth number
is specified). Subsequent improvements to repair or reconstructed
nonconforming structures must not increase the degree of their nonconformity; or
(16) In zone AO, repair or reconstruction of nonconforming structures and substantial
improvements of nonresidential structures must have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high as the
depth number specified in feet on the FIRM (at least two feet if no depth number
is specified), or (together with attendant utility and sanitary facilities) be
structurally dry-floodproofed to that level according to the standard specified in s.
386-20D.(7) above. Subsequent improvements to repair or reconstructed
nonconforming structures must not increase the degree of their nonconformity.
386-21 FLOODWAY DISTRICT
A. No modification or addition shall be allowed to any nonconforming structure or any structure
with a nonconforming use in the Floodway District, unless such modification or addition:
(1) Has been granted a permit or variance which meets all ordinance requirements;
(2) Meets the requirements of s. 386-20;
(3) Shall not increase the obstruction to flood flows or regional flood height;
(4) Any addition to the existing structure shall be floodproofed, pursuant to s. 386-28,
by means other than the use of fill, to the flood protection elevation; and,
(5) If any part of the foundation below the flood protection elevation is enclosed, the
following standards shall apply:
(a) The enclosed area shall be designed by a registered architect or
engineer to allow for the efficient entry and exit of flood waters
without human intervention. A minimum of two openings must be
provided with a minimum net area of at least one square inch for
every one square foot of the enclosed area. The lowest part of the
opening can be no more than 12 inches above the adjacent grade;
(b) The parts of the foundation located below the flood protection
elevation must be constructed of flood -resistant materials;
(c) Mechanical and utility equipment must be elevated or floodproofed to
or above the flood protection elevation; and
(d) The use must be limited to parking, building access or limited
storage.
B. No new on -site sewage disposal system, or addition to an existing on -site sewage disposal
system, except where an addition has been ordered by a government agency to correct a
hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or
maintenance of an existing on -site sewage disposal system in a floodway area shall meet the
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applicable requirements of all municipal ordinances, s. 386-28C. and Ch. SPS 383, Wis.
Adm. Code.
C. No new well or modification to an existing well used to obtain potable water shall be allowed
in the Floodway District. Any replacement, repair, or maintenance of an existing well in the
Floodway District shall meet the applicable requirements of all municipal ordinances, s. 386-
28C. and chs. NR 811 and NR 812, Wis. Adm. Code.
386-22 FLOODFRINGE DISTRICT
A. No modification or addition shall be allowed to any nonconforming structure or any structure
with a nonconforming use unless such modification or addition has been granted a permit or
variance by the municipality and meets the requirements of s. 386-17 except where s. 386-
22B. is applicable.
B. Where compliance with the provisions of subd. (A.) would result in unnecessary hardship and
only where the structure will not be used for human habitation or be associated with a high
flood damage potential, the Board of Adjustment/Appeals, using the procedures established
in s. 386-26, may grant a variance from those provisions of subd. (A.) for modifications or
additions using the criteria listed below. Modifications or additions which are protected to
elevations lower than the flood protection elevation may be permitted if:
(1) No floor is allowed below the regional flood elevation for residential or
commercial structures;
(2) Human lives are not endangered;
(3) Public facilities, such as water or sewer, shall not be installed;
(4) Flood depths shall not exceed two feet;
(5) Flood velocities shall not exceed two feet per second; and
(6) The structure shall not be used for storage of materials as described in s. 386-
17E.
C. All new private sewage disposal systems, or addition to, replacement, repair or maintenance
of a private sewage disposal system shall meet all the applicable provisions of all local
ordinances, s. 386-28C. and ch. SPS 383, Wis. Adm. Code.
D. All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the
applicable provisions of this ordinance, s. 386-28C. and ch. NR 811 and NR 812, Wis. Adm.
Code.
386-23 FLOOD STORAGE DISTRICTS
No modifications or additions shall be allowed to any nonconforming structure in a flood storage area
unless the standards outlined in 386-19C. are met.
Article VII ADMINISTRATION
Where a zoning administrator, planning agency or a board of appeals has already been appointed to
administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall
also administer this ordinance.
386-24 ZONING ADMINISTRATOR
A. DUTIES AND POWERS
The zoning administrator is authorized to administer this ordinance and shall have the
following duties and powers:
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(1) Advise applicants of the ordinance provisions, assist in preparing permit
applications and appeals, and assure that the regional flood elevation for the
proposed development is shown on all permit applications.
(2) Issue permits and inspect properties for compliance with provisions of this
ordinance and issue certificates of compliance where appropriate
(3) Inspect and assess all damaged floodplain structures to determine if substantial
damage to the structures has occurred.
(4) Keep records of all official actions such as:
(a) All permits issued, inspections made, and work approved;
(b) Documentation of certified lowest floor and regional flood
elevations;
(c) Floodproofing certificates.
(d) Water surface profiles, floodplain zoning maps and ordinances,
nonconforming uses and structures including changes, appeals,
variances and amendments.
(e) All substantial damage assessment reports for floodplain structures.
(f) List of nonconforming structures and uses.
(5) Submit copies of the following items to the Department Regional office:
(a) Within 10 days of the decision, a copy of any decisions on
variances, appeals for map or text interpretations, and map or text
amendments;
(b) Copies of case -by -case analyses and other required information.
(c) Copies of substantial damage assessments performed and all
related correspondence concerning the assessments.
(6) Investigate, prepare reports, and report violations of this ordinance to the
municipal zoning agency and attorney for prosecution. Copies of the reports
shall also be sent to the Department Regional office.
(7) Submit copies of amendments to the FEMA Regional office.
B. LAND USE PERMIT
A land use permit shall be obtained before any development; repair, modification, or addition
to an existing structure; or change in the use of a building or structure, including sewer and
water facilities, may be initiated. Application to the zoning administrator shall include:
(1) GENERAL INFORMATION
(a) Name and address of the applicant, property owner and contractor;
(b) Legal description, proposed use, and whether it is new
construction or a modification;
(2) SITE DEVELOPMENT PLAN
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A site plan drawn to scale shall be submitted with the permit application form and
shall contain:
(a) Location, dimensions, area and elevation of the lot;
(b) Location of the ordinary highwater mark of any abutting navigable
waterways;
(c) Location of any structures with distances measured from the lot
lines and street center lines;
(d) Location of any existing or proposed on -site sewage systems or
private water supply systems;
(e) Location and elevation of existing or future access roads;
(f) Location of floodplain and floodway limits as determined from the
official floodplain zoning maps;
(g) The elevation of the lowest floor of proposed buildings and any fill
using the vertical datum from the adopted study — either National
Geodetic Vertical Datum (NGVD) or North American Vertical
Datum (NAVD);
(h) Data sufficient to determine the regional flood elevation in NGVD
or NAVD at the location of the development and to determine
whether or not the requirements of Article III or Article IV are met;
and
(i) Data to determine if the proposed development will cause an
obstruction to flow or an increase in regional flood height or
discharge according to s. 386-7. This may include any of the
information noted in s. 386-13A.
(3) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT
All hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in the State. The study
contractor shall be responsible for the technical adequacy of the study. All
studies shall be reviewed and approved by the Department.
(a) Zone A floodplains and in AE zones within which a floodway is not
delineated:
[1] Hydrology
[a] The appropriate method shall be based on the standards
in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic
Analysis: Determination of Regional Flood Discharge.
[2] Hydraulic modeling
The regional flood elevation shall be based on the standards in
ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis:
Determination of Regional Flood Elevation and the following:
[a] determination of the required limits of the hydraulic model
shall be based on detailed study information for
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downstream structures (dam, bridge, culvert) to determine
adequate starting WSEL for the study.
[b] channel sections must be surveyed.
[c] minimum four -foot contour data in the overbanks shall be
used for the development of cross section overbank and
floodplain mapping.
[d] a maximum distance of 500 feet between cross sections is
allowed in developed areas with additional intermediate
cross sections required at transitions in channel bottom
slope including a survey of the channel at each location.
[e] the most current version of HEC-RAS shall be used.
[f] a survey of bridge and culvert openings and the top of
road is required at each structure.
[g] additional cross sections are required at the downstream
and upstream limits of the proposed development and any
necessary intermediate locations based on the length of
the reach if greater than 500 feet.
[h] standard accepted engineering practices shall be used
when assigning parameters for the base model such as
flow, Manning's N values, expansion and contraction
coefficients or effective flow limits. The base model shall
be calibrated to past flooding data such as high-water
marks to determine the reasonableness of the model
results. If no historical data is available, adequate
justification shall be provided for any parameters outside
standard accepted engineering practices.
[i] the model must extend past the upstream limit of the
difference in the existing and proposed flood profiles in
order to provide a tie-in to existing studies. The height
difference between the proposed flood profile and the
existing study profiles shall be no more than 0.00 feet.
[3] Mapping
A work map of the reach studied shall be provided, showing all
cross-section locations, floodway/floodplain limits based on
best available topographic data, geographic limits of the
proposed development and whether the proposed
development is located in the floodway.
[a] If the proposed development is located outside of the
floodway, then it is determined to have no impact on the
regional flood elevation.
[b] If any part of the proposed development is in the floodway,
it must be added to the base model to show the difference
between existing and proposed conditions. The study
must ensure that all coefficients remain the same as in the
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existing model, unless adequate justification based on
standard accepted engineering practices is provided.
(b) Zone AE Floodplains
[1] Hydrology
If the proposed hydrology will change the existing study, the
appropriate method to be used shall be based on ch. NR
116.07(3), Wis. Admin. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
[2] Hydraulic model
The regional flood elevation shall be based on the standards in
ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis:
Determination of Regional Flood Elevation and the following:
[a] Duplicate Effective Model
The effective model shall be reproduced to ensure correct
transference of the model data and to allow integration of
the revised data to provide a continuous FIS model
upstream and downstream of the revised reach. If data
from the effective model is available, models shall be
generated that duplicate the FIS profiles and the
elevations shown in the Floodway Data Table in the FIS
report to within 0.1 foot.
[b] Corrected Effective Model.
The Corrected Effective Model shall not include any man-
made physical changes since the effective model date but
shall import the model into the most current version of
HEC-RAS for Department review.
[c] Existing (Pre -Project Conditions) Model.
The Existing Model shall be required to support
conclusions about the actual impacts of the project
associated with the Revised (Post -Project) Model or to
establish more up-to-date models on which to base the
Revised (Post -Project) Model.
[d] Revised (Post -Project Conditions) Model.
The Revised (Post -Project Conditions) Model shall
incorporate the Existing Model and any proposed changes
to the topography caused by the proposed development.
This model shall reflect proposed conditions.
[e] All changes to the Duplicate Effective Model and
subsequent models must be supported by certified
topographic information, bridge plans, construction plans
and survey notes.
[f] Changes to the hydraulic models shall be limited to the
stream reach for which the revision is being requested.
Cross sections upstream and downstream of the revised
reach shall be identical to those in the effective model and
result in water surface elevations and top widths computed
by the revised models matching those in the effective
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models upstream and downstream of the revised reach as
required. The Effective Model shall not be truncated.
[3] Mapping
Maps and associated engineering data shall be submitted to
the Department for review which meet the following conditions:
[a] Consistency between the revised hydraulic models, the
revised floodplain and floodway delineations, the revised
flood profiles, topographic work map, annotated FIRMs
and/or Flood Boundary Floodway Maps (FBFMs),
construction plans, bridge plans.
[b] Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable
items. If a digital version of the map is available, it may be
submitted in order that the FIRM may be more easily
revised.
[c] Annotated FIRM panel showing the revised 1% and 0.2%
annual chance floodplains and floodway boundaries.
[d] If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used, then all supporting
documentation or metadata must be included with the data
submission along with the Universal Transverse Mercator
(UTM) projection and State Plane Coordinate System in
accordance with FEMA mapping specifications.
[e] The revised floodplain boundaries shall tie into the
effective floodplain boundaries.
[f] All cross sections from the effective model shall be labeled
in accordance with the effective map and a cross section
lookup table shall be included to relate to the model input
numbering scheme.
[g] Both the current and proposed floodways shall be shown
on the map.
[h] The stream centerline, or profile baseline used to measure
stream distances in the model shall be visible on the map.
(4) EXPIRATION
All permits issued under the authority of this ordinance shall expire no more than
180 days after issuance. The permit may be extended for a maximum of 180
days for good and sufficient cause. If the permitted work has not started within
180 days of the permit date, the development must comply with any regulation,
including any revision to the FIRM or FIS, that took effect after the permit date.
C. CERTIFICATE OF COMPLIANCE
No land shall be occupied or used, and no building which is hereafter constructed, altered,
added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of
compliance is issued by the zoning administrator, except where no permit is required, subject
to the following provisions:
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(1) The certificate of compliance shall show that the building or premises or part
thereof, and the proposed use, conform to the provisions of this ordinance;
(2) Application for such certificate shall be concurrent with the application for a
permit;
(3) If all ordinance provisions are met, the certificate of compliance shall be issued
within 10 days after written notification that the permitted work is completed;
(4) The applicant shall submit a certification signed by a registered professional
engineer, architect, or land surveyor that the fill, lowest floor and floodproofing
elevations are in compliance with the permit issued. Floodproofing measures
also require certification by a registered professional engineer or architect that
the requirements of s. 386-28 are met.
(5) Where applicable pursuant to s. 386-18D., the applicant must submit a
certification by a registered professional engineer or surveyor of the elevation of
the bottom of the lowest horizontal structural member supporting the lowest floor
(excluding pilings or columns), and an indication of whether the structure
contains a basement.
(6) Where applicable pursuant to s. 386-18D., the applicant must submit
certifications by a registered professional engineer or architect that the structural
design and methods of construction meet accepted standards of practice as
required by s. 386-18D.
D. OTHER PERMITS
Prior to obtaining a floodplain development permit the applicant must secure all necessary
permits from federal, state, and local agencies, including but not limited to those required by
the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. 1344.
386-25 ZONING AGENCY
A. The City of Muskego Plan Commission shall:
(1) oversee the functions of the office of the zoning administrator; and
(2) review and advise the governing body on all proposed amendments to this
ordinance, maps, and text.
(3) publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time,
place, and subject of the public hearing.
B. The City of Muskego Plan Commission shall not:
(1) grant variances to the terms of the ordinance in place of action by the Board of
AdjustmenVAppeals; or
(2) amend the text or zoning maps in place of official action by the governing body.
386-26 BOARD OF ADJUSTMENT/APPEALS
The Board of Appeals, created under s. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or
shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers
conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator
shall not be the secretary of the Board.
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A. POWERS AND DUTIES
The Board of Appeals shall:
(1) Appeals - Hear and decide appeals where it is alleged there is an error in any
order, requirement, decision or determination made by an administrative official
in the enforcement or administration of this ordinance;
(2) Boundary Disputes - Hear and decide disputes concerning the district boundaries
shown on the official floodplain zoning map; and
(3) Variances - Hear and decide, upon appeal, variances from the ordinance
standards.
B. APPEALS TO THE BOARD
(1) Appeals to the board may be taken by any person aggrieved, or by any officer or
department of the municipality affected by any decision of the zoning
administrator or other administrative officer. Such appeal shall be taken within
30 days unless otherwise provided by the rules of the board, by filing with the
official whose decision is in question, and with the board, a notice of appeal
specifying the reasons for the appeal. The official whose decision is in question
shall transmit to the board all records regarding the matter appealed.
(2) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES
(a) Notice - The board shall:
[1] Fix a reasonable time for the hearing;
[2] Publish adequate notice pursuant to Wisconsin Statutes,
specifying the date, time, place, and subject of the hearing;
and
[3] Assure that notice shall be mailed to the parties in interest and
the Department Regional office at least 10 days in advance of
the hearing.
(b) Hearing - Any party may appear in person or by agent. The board
shall:
[1] Resolve boundary disputes according to s. 386-26C.;
[2] Decide variance applications according to s. 386-26D.; and
[3] Decide appeals of permit denials according to s. 386-27.
(3) DECISION: The final decision regarding the appeal or variance application shall:
(a) Be made within a reasonable time;
(b) Be sent to the Department Regional office within 10 days of the
decision;
(c) Be a written determination signed by the chairman or secretary of
the Board;
(d) State the specific facts which are the basis for the Board's
decision;
(e) Either affirm, reverse, vary or modify the order, requirement,
decision, or determination appealed, in whole or in part, dismiss
the appeal for lack of jurisdiction or grant or deny the variance
application; and
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(f) Include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a variance, clearly
stated in the recorded minutes of the Board proceedings.
C. BOUNDARY DISPUTES
The following procedure shall be used by the Board in hearing disputes concerning
floodplain district boundaries:
(1) If a floodplain district boundary is established by approximate or detailed
floodplain studies, the flood elevations or profiles shall prevail in locating the
boundary.
(2) The person contesting the boundary location shall be given a reasonable
opportunity to present arguments and technical evidence to the Board; and
(3) If the boundary is incorrectly mapped, the Board should inform the zoning
committee or the person contesting the boundary location to petition the
governing body for a map amendment according to Article VIII Amendments.
D. VARIANCE
(1) The Board may, upon appeal, grant a variance from the standards of this
ordinance if an applicant convincingly demonstrates that:
(a) Literal enforcement of the ordinance will cause unnecessary
hardship;
(b) The hardship is due to adoption of the floodplain ordinance and
unique property conditions, not common to adjacent lots or
premises. In such case the ordinance or map must be amended;
(c) The variance is not contrary to the public interest; and
(d) The variance is consistent with the purpose of this ordinance in s.
386-3.
(2) In addition to the criteria in subd. (1), to qualify for a variance under FEMA
regulations, the Board must find that the following criteria have been met:
(a) The variance shall not cause any increase in the regional flood
elevation;
(b) The applicant has shown good and sufficient cause for issuance of
the variance;
(c) Failure to grant the variance would result in exceptional hardship;
(d) Granting the variance will not result in additional threats to public
safety, extraordinary expense, create a nuisance, cause fraud on
or victimization of the public, or conflict with existing local laws or
ordinances;
(e) The variance granted is the minimum necessary, considering the
flood hazard, to afford relief.
(3) A variance shall not:
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(a) Grant, extend or increase any use prohibited in the zoning district;
(b) Be granted for a hardship based solely on an economic gain or
loss;
(c) Be granted for a hardship which is self-created.
(d) Damage the rights or property values of other persons in the area;
(e) Allow actions without the amendments to this ordinance or map(s)
required in Article VIII Amendments; and
(f) Allow any alteration of an historic structure, including its use, which
would preclude its continued designation as an historic structure.
(4) When a floodplain variance is granted, the Board shall notify the applicant in
writing that it may increase risks to life and property and flood insurance
premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be
maintained with the variance record.
386-27 TO REVIEW APPEALS OF PERMIT DENIALS
A. The Zoning Agency (s. 386-25) or Board shall review all data related to the appeal. This
may include:
(1) Permit application data listed in s. 386-24B.;
(2) Floodway/floodfringe determination data in s. 386-18E.;
(3) Data listed in s. 386-13A.(2) where the applicant has not submitted this
information to the zoning administrator; and
(4) Other data submitted with the application or submitted to the Board with the
appeal.
B. For appeals of all denied permits the Board shall:
(1) Follow the procedures of s. 386-26;
(2) Consider zoning agency recommendations; and
(3) Either uphold the denial or grant the appeal.
C. For appeals concerning increases in regional flood elevation the Board shall:
(1) Uphold the denial where the Board agrees with the data showing an increase in
flood elevation. Increases may only be allowed after amending the flood profile
and map and all appropriate legal arrangements are made with all adversely
affected property owners as per the requirements of Article VIII Amendments;
and
(2) Grant the appeal where the Board agrees that the data properly demonstrates
that the project does not cause an increase provided no other reasons for denial
exist.
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386-28 FLOODPROOFING STANDARDS
A. No permit or variance shall be issued for a non-residential structure designed to be
watertight below the regional flood elevation until the applicant submits a plan certified by
a registered professional engineer or architect that the floodproofing measures will
protect the structure or development to or above the flood protection elevation and
submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the
development standards in Article II, Article III, Article IV or s. 386-18-.
B. For a structure designed to allow the entry of floodwaters, no permit or variance shall be
issued until the applicant submits a plan either:
(1) certified by a registered professional engineer or architect; or
(2) meeting or exceeding the following standards:
(a) a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding;
(b) the bottom of all openings shall be no higher than one foot above
grade; and
(c) openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
C. Floodproofing measures shall be designed, as appropriate, to:
(1) Withstand flood pressures, depths, velocities, uplift and impact forces and other
regional flood factors;
(2) Protect structures to the flood protection elevation;
(3) Anchor structures to foundations to resist flotation and lateral movement;
(4) Minimize or eliminate infiltration of flood waters;
(5) Minimize or eliminate discharges into flood waters;
(6) Placement of essential utilities to or above the flood protection elevation; and
(7) If any part of the foundation below the flood protection elevation is enclosed, the
following standards shall apply:
(a) The enclosed area shall be designed by a registered architect or
engineer to allow for the efficient entry and exit of flood waters
without human intervention. A minimum of two openings must be
provided with a minimum net area of at least one square inch for
every one square foot of the enclosed area. The lowest part of the
opening can be no more than 12 inches above the adjacent grade;
(b) The parts of the foundation located below the flood protection
elevation must be constructed of flood -resistant materials;
(c) Mechanical and utility equipment must be elevated or floodproofed
to or above the flood protection elevation; and
(d) The use must be limited to parking, building access or limited
storage.
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386-29 PUBLIC INFORMATION
A. Place marks on structures to show the depth of inundation during the regional flood.
B. All maps, engineering data and regulations shall be available and widely distributed.
C. Real estate transfers should show what floodplain district any real property is in.
Article VIII AMENDMENTS
386-30 OBSTRUCTIONS OR INCREASES
Obstructions or increases may only be permitted if amendments are made to this ordinance, the official
floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 386-31.
A. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted
unless the applicant receives a Conditional Letter of Map Revision from FEMA and
amendments are made to this ordinance, the official floodplain zoning maps, floodway
lines and water surface profiles, in accordance with s. 386-31. Any such alterations must
be reviewed and approved by FEMA and the DNR.
B. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the
applicant receives a Conditional Letter of Map Revision from FEMA and amendments are
made to this ordinance, the official floodplain maps, floodway lines, and water surface
profiles, in accordance with s. 386-31.
386-31 GENERAL
The governing body shall change or supplement the floodplain zoning district boundaries and this
ordinance in the manner outlined in s. 386-32 below. Actions which require an amendment to the
ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the
following:
A. Any fill or floodway encroachment that obstructs flow causing any increase in the regional
flood height;
B. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
C. Any changes to any other officially adopted floodplain maps listed in s. 386-5B.(2);
D. Any floodplain fill which raises the elevation of the filled area to a height at or above the
flood protection elevation and is contiguous to land lying outside the floodplain;
E. Correction of discrepancies between the water surface profiles and floodplain maps;
F. Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm.
Code, or otherwise required by law, or for changes by the municipality; and
G. All channel relocations and changes to the maps to alter floodway lines or to remove an
area from the floodway or the floodfringe that is based on a base flood elevation from a
FIRM requires prior approval by FEMA.
386-32 PROCEDURES
Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23,
Stats., for cities and villages. The petitions shall include all data required by s. 386-18E. and 386-24B.
The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the
proposed changes.
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A. The proposed amendment shall be referred to the zoning agency for a public hearing and
recommendation to the governing body. The amendment and notice of public hearing
shall be submitted to the Department Regional office for review prior to the hearing. The
amendment procedure shall comply with the provisions of s. 62.23, Stats., for cities and
villages.
B. No amendments shall become effective until reviewed and approved by the Department.
C. All persons petitioning for a map amendment that obstructs flow causing any increase in
the regional flood height, shall obtain flooding easements or other appropriate legal
arrangements from all adversely affected property owners and notify local units of
government before the amendment can be approved by the governing body.
Article IX ENFORCEMENT AND PENALTIES
386-33 Violation and penalties
Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to
the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon
conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a
taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every
violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance
may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30,
Stats
Article X DEFINITIONS
386-34 Word Usage
Unless specifically defined, words and phrases in this ordinance shall have their common law meaning
and shall be applied in accordance with their common usage. Words used in the present tense include
the future, the singular number includes the plural and the plural number includes the singular. The word
"may" is permissive, "shall" is mandatory and is not discretionary.
386-35 Definitions
1. A ZONES —Those areas shown on the Official Floodplain Zoning Map which would be inundated
by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones
may or may not be reflective of flood profiles, depending on the availability of data for a given
area.
2. AH ZONE — See "AREA OF SHALLOW FLOODING".
3. AO ZONE — See "AREA OF SHALLOW FLOODING".
4. ACCESSORY STRUCTURE OR USE — A facility, structure, building or use which is accessory or
incidental to the principal use of a property, structure or building. An accessory structure shall not
be used for human habitation.
5. ALTERATION — An enhancement, upgrade or substantial change or modification other than an
addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and
other systems within a structure.
6. AREA OF SHALLOW FLOODING —A designated AO, AH, AR/AO, AR/AH, or VO zone on a
community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of
flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is
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characterized by ponding or sheet flow.
7. BASE FLOOD — Means the flood having a one percent chance of being equaled or exceeded in
any given year, as published by FEMA as part of a FIS and depicted on a FIRM.
8. BASEMENT — Any enclosed area of a building having its floor sub -grade on all sides.
9. BREAKAWAY WALL — A wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
10. BUILDING — See STRUCTURE.
11. BULKHEAD LINE — A geographic line along a reach of navigable water that has been adopted by
a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which
allows limited filling between this bulkhead line and the original ordinary highwater mark, except
where such filling is prohibited by the floodway provisions of this ordinance.
12. CAMPGROUND — Any parcel of land which is designed, maintained, intended, or used for the
purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which
is advertised or represented as a camping area.
13. CAMPING UNIT — Any portable device, no more than 400 square feet in area, used as a
temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up
truck, or tent that is fully licensed, if required, and ready for highway use.
14. CERTIFICATE OF COMPLIANCE — A certification that the construction and the use of land or a
building, the elevation of fill or the lowest floor of a structure is in compliance with all of the
provisions of this ordinance.
15. CHANNEL — A natural or artificial watercourse with definite bed and banks to confine and conduct
normal flow of water.
16. CRAWLWAYS or CRAWL SPACE — An enclosed area below the first usable floor of a building,
generally less than five feet in height, used for access to plumbing and electrical utilities.
17. DECK — An unenclosed exterior structure that has no roof or sides and has a permeable floor
which allows the infiltration of precipitation.
18. DEPARTMENT — The Wisconsin Department of Natural Resources.
19. DEVELOPMENT — Any artificial change to improved or unimproved real estate, including, but not
limited to, the construction of buildings, structures or accessory structures; the construction of
additions or alterations to buildings, structures or accessory structures; the repair of any damaged
structure or the improvement or renovation of any structure, regardless of percentage of damage
or improvement; the placement of buildings or structures; subdivision layout and site preparation;
mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition
or extraction of materials or equipment; and the installation, repair or removal of public or private
sewage disposal systems or water supply facilities.
20. DRYLAND ACCESS — A vehicular access route which is above the regional flood elevation, and
which connects land located in the floodplain to land outside the floodplain, such as a road with
its surface above regional flood elevation and wide enough for wheeled rescue and relief
vehicles.
21. ENCROACHMENT — Any fill, structure, equipment, use or development in the floodway.
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22. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — The federal agency that
administers the National Flood Insurance Program.
23. FLOOD INSURANCE RATE MAP (FIRM) — A map of a community on which the Federal
Insurance Administration has delineated both the floodplain and the risk premium zones
applicable to the community. This map can only be amended by the Federal Emergency
Management Agency.
24. FLOOD or FLOODING — A general and temporary condition of partial or complete inundation of
normally dry land areas caused by one of the following conditions:
• The overflow or rise of inland waters;
• The rapid accumulation or runoff of surface waters from any source;
• The inundation caused by waves or currents of water exceeding anticipated cyclical
levels along the shore of Lake Michigan or Lake Superior; or
• The sudden increase caused by an unusually high-water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche,
or by some similarly unusual event.
25. FLOOD FREQUENCY — The probability of a flood occurrence which is determined from statistical
analyses. The frequency of a particular flood event is usually expressed as occurring, on the
average once in a specified number of years or as a percent (%) chance of occurring in any given
year.
26. FLOODFRINGE — That portion of the floodplain outside of the floodway which is covered by flood
waters during the regional flood and associated with standing water rather than flowing water.
27. FLOOD HAZARD BOUNDARY MAP — A map designating approximate flood hazard areas.
Flood hazard areas are designated as unnumbered A -Zones and do not contain floodway lines or
regional flood elevations. This map forms the basis for both the regulatory and insurance aspects
of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study
and a Flood Insurance Rate Map.
28. FLOOD INSURANCE STUDY —A technical engineering examination, evaluation, and
determination of the local flood hazard areas. It provides maps designating those areas affected
by the regional flood and provides both flood insurance rate zones and base flood elevations and
may provide floodway lines. The flood hazard areas are designated as numbered and
unnumbered A -Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study,
form the basis for both the regulatory and the insurance aspects of the National Flood Insurance
Program.
29. FLOODPLAIN — Land which has been or may be covered by flood water during the regional
flood. It includes the floodway and the floodfringe and may include other designated floodplain
areas for regulatory purposes.
30. FLOODPLAIN ISLAND — A natural geologic land formation within the floodplain that is
surrounded, but not covered, by floodwater during the regional flood.
31. FLOODPLAIN MANAGEMENT — Policy and procedures to ensure wise use of floodplains,
including mapping and engineering, mitigation, education, and administration and enforcement of
floodplain regulations.
32. FLOOD PROFILE — A graph or a longitudinal profile line showing the relationship of the water
surface elevation of a flood event to locations of land surface elevations along a stream or river.
33. FLOODPROOFING — Any combination of structural provisions, changes or adjustments to
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properties and structures, water and sanitary facilities and contents of buildings subject to
flooding, for the purpose of reducing or eliminating flood damage.
34. FLOOD PROTECTION ELEVATION — An elevation of two feet of freeboard above the Regional
Flood Elevation. (Also see: FREEBOARD.)
35. FLOOD STORAGE — Those floodplain areas where storage of floodwaters has been taken into
account during analysis in reducing the regional flood discharge.
36. FLOODWAY — The channel of a river or stream and those portions of the floodplain adjoining the
channel required to carry the regional flood discharge.
37. FREEBOARD — A safety factor expressed in terms of a specified number of feet above a
calculated flood level. Freeboard compensates for any factors that cause flood heights greater
than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge
openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to
development and aggregation of the river or stream bed.
38. HABITABLE STRUCTURE — Any structure or portion thereof used or designed for human
habitation.
39. HEARING NOTICE — Publication or posting meeting the requirements of Ch. 985, Stats. For
appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is
required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once
each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances
or bylaws may require additional notice, exceeding these minimums.
40. HIGH FLOOD DAMAGE POTENTIAL — Damage that could result from flooding that includes any
danger to life or health or any significant economic loss to a structure or building and its contents.
41. HIGHEST ADJACENT GRADE — The highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
42. HISTORIC STRUCTURE — Any structure that is either:
• Listed individually in the National Register of Historic Places or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing on the National
Register;
• Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by
the Secretary to qualify as a registered historic district;
• Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
• Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program, as
determined by the Secretary of the Interior; or by the Secretary of the Interior in states without
approved programs.
43. INCREASE IN REGIONAL FLOOD HEIGHT —A calculated upward rise in the regional flood
elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed
conditions which is directly attributable to development in the floodplain but not attributable to
manipulation of mathematical variables such as roughness factors, expansion and contraction
coefficients and discharge.
44. LAND USE — Any nonstructural use made of unimproved or improved real estate. (Also see
DEVELOPMENT.)
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45. LOWEST ADJACENT GRADE — Elevation of the lowest ground surface that touches any of the
exterior walls of a building.
46. LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement).
47. MAINTENANCE — The act or process of ordinary upkeep and repairs, including redecorating,
refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment
with equivalent fixtures, systems, or structures.
48. MANUFACTURED HOME — A structure transportable in one or more sections, which is built on a
permanent chassis and is designed to be used with or without a permanent foundation when
connected to required utilities. The term "manufactured home" includes a mobile home but does
not include a "mobile recreational vehicle."
49. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels)
of land, divided into two or more manufactured home lots for rent or sale.
50. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING — A parcel of land,
divided into two or more manufactured home lots for rent or sale, on which the construction of
facilities for servicing the lots is completed before the effective date of this ordinance. At a
minimum, this would include the installation of utilities, the construction of streets and either final
site grading or the pouring of concrete pads.
51. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING —The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed. This includes installation of utilities, construction of streets and either
final site grading, or the pouring if concrete pads.
52. MOBILE RECREATIONAL VEHICLE — A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed to be self-propelled,
carried or permanently towable by a licensed, light -duty vehicle, is licensed for highway use if
registration is required and is designed primarily not for use as a permanent dwelling, but as
temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes
that are towed or carried onto a parcel of land, but do not remain capable of being towed or
carried, including park model homes, do not fall within the definition of "mobile recreational
vehicles."
53. MODEL, CORRECTED EFFECTIVE — A hydraulic engineering model that corrects any errors
that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate
Effective Model, or incorporates more detailed topographic information than that used in the
current effective model.
54. MODEL, DUPLICATE EFFECTIVE — A copy of the hydraulic analysis used in the effective FIS
and referred to as the effective model.
55. MODEL, EFFECTIVE — The hydraulic engineering model that was used to produce the current
effective Flood Insurance Study.
56. MODEL, EXISTING (PRE -PROJECT) —A modification of the Duplicate Effective Model or
Corrected Effective Model to reflect any man-made modifications that have occurred within the
floodplain since the date of the effective model but prior to the construction of the project for
which the revision is being requested. If no modification has occurred since the date of the
effective model, then this model would be identical to the Corrected Effective Model or Duplicate
Effective Model.
57. MODEL, REVISED (POST -PROJECT) —A modification of the Existing or Pre -Project Conditions
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Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post -project
conditions.
58. MUNICIPALITY or MUNICIPAL — The county, city or village governmental units enacting,
administering, and enforcing this zoning ordinance.
59. NAVD or NORTH AMERICAN VERTICAL DATUM — Elevations referenced to mean sea level
datum, 1988 adjustment.
60. NGVD or NATIONAL GEODETIC VERTICAL DATUM — Elevations referenced to mean sea level
datum, 1929 adjustment.
61. NEW CONSTRUCTION — Structures for which the start of construction commenced on or after
the effective date of a floodplain zoning regulation adopted by this community and includes any
subsequent improvements to such structures.
62. NON -FLOOD DISASTER — A fire or an ice storm, tornado, windstorm, mudslide, or other
destructive act of nature, but excludes a flood.
63. NONCONFORMING STRUCTURE —An existing lawful structure or building which is not in
conformity with the dimensional or structural requirements of this ordinance for the area of the
floodplain which it occupies. (For example, an existing residential structure in the floodfringe
district is a conforming use. However, if the lowest floor is lower than the flood protection
elevation, the structure is nonconforming.)
64. NONCONFORMING USE —An existing lawful use or accessory use of a structure or building
which is not in conformity with the provisions of this ordinance for the area of the floodplain which
it occupies. (Such as a residence in the floodway.)
65. OBSTRUCTION TO FLOW — Any development which blocks the conveyance of floodwaters such
that this development alone or together with any future development will cause an increase in
regional flood height.
66. OFFICIAL FLOODPLAIN ZONING MAP — That map, adopted and made part of this ordinance, as
described in s. 386-5B., which has been approved by the Department and FEMA.
67. OPEN SPACE USE — Those uses having a relatively low flood damage potential and not
involving structures.
68. ORDINARY HIGHWATER MARK — The point on the bank or shore up to which the presence and
action of surface water is so continuous as to leave a distinctive mark such as by erosion,
destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other
easily recognized characteristic.
69. PERSON — An individual, or group of individuals, corporation, partnership, association,
municipality, or state agency.
70. PRIVATE SEWAGE SYSTEM — A sewage treatment and disposal system serving one structure
with a septic tank and soil absorption field located on the same parcel as the structure. It also
means an alternative sewage system approved by the Department of Safety and Professional
Services, including a substitute for the septic tank or soil absorption field, a holding tank, a
system serving more than one structure, or a system located on a different parcel than the
structure.
71. PUBLIC UTILITIES — Those utilities using underground or overhead transmission lines such as
electric, telephone and telegraph, and distribution and collection systems such as water, sanitary
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sewer, and storm sewer.
72. REASONABLY SAFE FROM FLOODING — Means base flood waters will not inundate the land or
damage structures to be removed from the floodplain and that any subsurface waters related to
the base flood will not damage existing or proposed buildings.
73. REGIONAL FLOOD — A flood determined to be representative of large floods known to have
occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or
exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE.
74. START OF CONSTRUCTION — The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond initial excavation, or the
placement of a manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading, and filling, nor does it include the installation of
streets and/or walkways, nor does it include excavation for a basement, footings, piers or
foundations or the erection of temporary forms, nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For an alteration, the actual start of construction means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
75. STRUCTURE — Any manmade object with form, shape and utility, either permanently or
temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but
not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and
culverts.
76. SUBDIVISION — Has the meaning given in s. 236.02(12), Wis. Stats.
77. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure, whereby the cost of
restoring the structure to its pre -damaged condition would equal or exceed 50 percent of the
equalized assessed value of the structure before the damage occurred.
78. SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction, rehabilitation, addition or
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
equalized assessed value of the structure before the improvement or repair is started. If the
structure has sustained substantial damage, any repairs are considered substantial improvement
regardless of the work performed. The term does not include either any project for the
improvement of a building required to correct existing health, sanitary or safety code violations
identified by the building official and that are the minimum necessary to assure safe living
conditions; or any alteration of a historic structure provided that the alteration will not preclude the
structure's continued designation as a historic structure.
79. UNNECESSARY HARDSHIP — Where special conditions affecting a particular property, which
were not self-created, have made strict conformity with restrictions governing areas, setbacks,
frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of
the ordinance.
80. VARIANCE — An authorization by the board of adjustment or appeals for the construction or
maintenance of a building or structure in a manner which is inconsistent with dimensional
standards (not uses) contained in the floodplain zoning ordinance.
81. VIOLATION — The failure of a structure or other development to be fully compliant with the
floodplain zoning ordinance. A structure or other development without required permits, lowest
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floor elevation documentation, floodproofing certificates or required floodway encroachment
calculations is presumed to be in violation until such time as that documentation is provided.
82. WATERSHED — The entire region contributing runoff or surface water to a watercourse or body of
water.
83. WATER SURFACE PROFILE — A graphical representation showing the elevation of the water
surface of a watercourse for each position along a reach of river or stream at a certain flood flow.
A water surface profile of the regional flood is used in regulating floodplain areas.
84. WELL — means an excavation opening in the ground made by digging, boring, drilling, driving or
other methods, to obtain groundwater regardless of its intended use.
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RESOLUTION #P.C. 053-2023
RECOMMENDATION TO COMMON COUNCIL TO REPEAL AND RE-CREATE SECTION 386
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
WHEREAS, Section 386 regulates floodplain zoning within the City of Muskego and requires re-creation,
and
WHEREAS, A public hearing took place to consider the amendments on September 6, 2023, and
WHEREAS, The Wisconsin Department of Natural Resources (DNR) and the Federal Emergency
Management Agency (FEMA) have released new floodplain maps and a new Flood Insurance Study
(FIS) documents for potions of our region, including Muskego, and
WHEREAS, The DNR and FEMA provide communities with code text that the City needs to adopt if they
want to be compliant with all State and Federal Floodplain regulations, which allows the City's residents
to be allowed to purchase flood insurance, and
WHEREAS, The propose code text meets the requirements of the DNR and FEMA.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common
Council for the attached (Exhibit A) new Section 386 of the Municipal Code.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 12, 2023
ATTEST: Adam Trzebiatowski, Planning Manager
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