CCR1986109RESOLUTION W109-86
APPROVAL OF RULES/REGULATIONS FOR THE
MUSKEG0 BUSINESS/INDUSTRIAL PARK EXPANSION
WHEREAS, the City's broker, Mooney h Associates, and the Plan
Commission have recommended that the same rules and regulations
for the existing industrial park be adopted for the expanded
industrial park.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby adopt the Rules and Regulations for
the Muskego Business/Industrial Park (As Amended) as attached
for the expanded industrial park.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby
authorized to sign any necessary documents to permit the
recording of said rules and regulations.
D
RULES AND REGULATIONS FOR MUSKEGO
BUSINESS/INDUSTRIAL PARK
(AS AMENDED)
WIIEREAS, the undersigned is undertaking and intends to subdivide certain
lands for use as an industrial subdivision to be known as Muskego Business/
Industrial Park.
NOW THEREFORE, in consideration of the aforesaid and for the purpose
of prcse!rving the value of the lots contained within the subdivision as well
as all lands located in the general vicinity of the subdivision, the under-
sidned hereby declares and provides that all subdivision of the lands above
described shall be subject to the following restrictions, covenants and
conditions, to-wit:
1. No building, or any improvement, shall be erected, placed or
altered on any building site in the subdivisions until the plans for such
building or improvement, including site plan, landscape plan, building plan,
City of Muskego. Said commission shall approve or disapprove such plans
with respect to conformity with -- these restrictions and other applicable
enactments of the city. and with respect to harmony of external design and
land use as it affects property within and adjacent to the subdivision.
Failure of the aforesaid commission or committee to act upon such building
or improvement plans within sixty (60) days after submission to the Muskego
City Clrrk shall constitute an approval of such plans.
'0 and specifications have been approved by the planning commission of the
2. No part or portion of any building shall be erected, constructed,
or cxtcnded nearer than fifty (50) feet from the front line of any parcel in said
subdivision. Employee parking of automobiles shall be prohibited at all times
within fifty (50) feet of the front street line of any parcel in said subdivision.
Visitor or customer parking may be allowed within the fifty (50) foot setback
when approved by the Planning Commission but not closer than ten feet from
the front street line. The fifty (50) foot setback shall be entirely graded and
sodded or seeded between side lot lines and from the road shoulder to the
building face in a manner that will produce an acceptable lawn, excepting only
such areas as may be required for driveways, visitor parking, or walks.
All driveways shall be surfaced with hot-mixed asphalt concrete or Portland
cement concrete from the city street shrface to the front building face. All
walks shall be of Portland cement concrete.
All such landscaping, drive. and walks shall be completed at the time of
construction of the building. if we.ather conditions permit.
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3. No part or portion of any building shall be erected, constructed,
or extended nearer than ten (10) feet to any interior side lot line, the combined . total of sideyards for any interior parcel shall not be less than thirty (30) feet.
Sideyards on the street side of corner lots shall be thirty-seven and one-half
(37-112) feel, and the use of such area shall be in accordance with the pro-
visions of Paragraph 2 of these restrictions except that employee parking shall
be permitted in this area. The parking or storage of company owned trucks,
products or equipment shall be prohibited in this area.
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N~ part or portion of any building shall be erected, constructed, or extended
nearer than twenty-five (25) feet to any rear lot line.
4. NO building or structure of any type shall be erected, placed.
or altered on any lot which will occupy more than forty-five percent (45%)
of the total area of said lot.
5. All grass, trees, and shrubbery must be kept watered in dry
weather and in good appearance at all times. All'grass must be cut whenever
necessary. If grass is not cut, the City of Muskego may serve notice and if
not complied with in two (2) days, the City may cut same and ,add this cost to
the lot ownerls real estate tax bill.
6. The front of all buildings, and the side or rear of all buildings
when facing a street (including side streets on corner lots) shall be faced
with decorative masonry or other material approved by the Planning Com-
mission or Architectural Control Committee and said facing shall extend a
minimum of twenty (20) feet on each side of all buildings or to a natural
dividing point approved by said Commission or Committee. The front of a
building that is set back two hundred (200) feet or more may be partially faced
with concrete block, subject to approval of said Commission or Committee.
On corner lots, if the side of the building, other than the front, is set back
two hundred (200) feet or more from the side lot line, then the facing may be
of any material as approved by the Commission and is consistent with other
provisions herein. For the purpose of this restriction, standard, lightweight
or cindrr concrete block are not considered decorative masonry.
Excrpt as otherwise provided herein, the sides and rear of all
buildings shall be of any material apprbved by the Commission or Committee.
Where concrete block masonry is used it shall be painted two (2)
coats of paint and shall be of decorative pattern block or other decorative
treatment of plain block approved by the Commission or Committee.
All faces of all buildings must be kept in good repair and appearance
at all times.
7. No building shall be so similar to or so at variance with its
neighboring buildings as to constitute a depreciation to the immediate
neighborhood.
8. One (I) parking stall of not less than one hundred eighty (180)
square feet. excluding drives and approaches, shall be provided on each
property Tor every thousand square feet of building area or for every two (2)
cmployees. whichever amount constitutes the greater number of stalls.
Parking stalls shall be added on each property as required to accommodate
all employees. Variances may be granted by the Planning Commission for
realistic. City streets will not be designed by the City to provide parking.
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-Wa-Fe.ho~uise or siniilar use~s upot-proof tllat siich parking resrricttons ar? not - -
9. All material or products stored outside buildings must be
bchind the building setback line .from the street and must be screened from
view from the street with solid fencing or screening approved by the
Planning Commission. All trash must be enclosed by a fence of solid
material such as will provide a suitable visual screen. Minimum height
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of such rente shall be six feet. Fence must be kept painted or have such
other finish as is generally accepted for good appearance. Wire fence is
not acceptable for this purpose.
10. NO operation, manufacture, or building use in said subdivision
shall produce or effect noise, vibration, dust gas. smoke, toxic matter, or
odors to an extent greater than the following maximum allowable levels:
A. Noise - Sound levels shall be measured with a sound level
meter and associated octave band filter manufactured according to standards
prescribed by the American Standards Association. Measurements shall be
made using the flat network of the sound level meter. Impulsive type noises
shall be subject to the performance standards hereinafter prescribed providing
that such noises shall he capable of being accurately measured with such
equipment. Noises capable of being so measured for the purpose of these
restrictions shall he those noises which cause rapid fluctuations of the needle
of the sound level meter with a variatibnof no more than plus or minus two
decibels. Noises incapable of being so measured, such as those of an
nulsance to adjacent uses.
irrcGu1ar and intermittent nature, shall be controlled so as not to become a
At no point on the boundary of any individual parcel or the boundary of the
suldivision shall thc sound intensity level of any individual operation or plant
(othcr than the operation of motor vehicles or other transportation facilities)
exceed the decibel levels in the designated octave bands shown in the
following table:
MAXIMUM PERMITTED SOUNDED LEVEL
(Decibels)
Octave Band
(Frequency, cycles
per Second)
0 to 75
75 to 150
150 to 300
300 to 600
600 to 1200
1200 to 2400
2400 to 4800 e above 4800
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Along Parcel
Boundaries
12
59
52
46
40
34
32
6 7.
Along Subdivision
Boundaries
79 /
74
66
59
53
47
41
39
B. Vibration - No industrial operation or activity (except those
not under the direct control of the manufacturer). shall cause at any time
ground transmitted vibrations in excess of the limits set forth below. Vibra-
tion (the pcriodic displacement, measured in inches, of earth) shall be
measured at any point along the exterior boundary of the subdivision with a
Lhrcc componcnt measuring instrument approved by the Common Council,
and shall be expressed as displacement in inches.
Frequency
(Cycles per second)
Maximum Permitted Displacement
along Subdivision Boundaries (in inches)
0 to 10
20 to 30
10 to 20
30 to 40
.0008
.0005
.0002 - 0002
40 and over 1 oooi
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C. Smoke and Particulate Matter - the emission of smoke or
particulate matter in such manner or quantity as to endanger or to be
detrimental to the public health, safety, comfort, or welfare is hereby
declared to be a public nuisance, and shall henceforth be unlawful.
For the purpose of grading the density of smoke, the Ringelmann Chart,
published and used by the United States Bureau of Mines, shall be
employed. The 'emission of smoke or particulate matter of a density
greater than No. 2 on the Ringelmann Chart is prohibited at all times ex-
cept as otherwise provided hereinafter.
The emission from all sources, within any lot area, of particulate matter
containing more than ten percent by weight or particles having a particle
diameter larger than 44 microns is prohibited.
Dust and other types of air pollution, borne by the wind from such sources
as storage areas, yards, roads, and the like within lot boundaries shall be
kept to a minimum by appropriate landscapi ng, paving, oiling, fencing, or
acceptable means. Emission of particulate matter from such sources, in
excess of the weight limitation hereinafter specified, is prohibited.
a. Smoke-Light Manufacturing District - The emission of more
than a ten smoke units per hour per stack is prohibited, including smoke of
a density in excess of Ringelmann No. 2. However, once during any six-
hour period, each stack may emit up to 20 smoke units when blowing soot
or cleaning fires. Only during firecleaning period however, shall smoke
of Ringelmann No. 3 be permitted, and then for not more than four minutes.
The rate of emission of particulate matter from all sources within the
boundaries of any lot shall not exceed a net figure of one.pound per acre of
lot area during any one hour, after deducting from the gross hourly emission
per acre the correction factor set forth in the following table:
Allowance for Height of Emission*
Height of Emission
Above Grade (Feet)
Correction (Pounds
Per Hour Per Acre)
50 0.01
100
150
0. 06
0. 10
200 0. 16
300 0. 30
400 0. 50
*Interpolate for intermediate values not shown in table. Determination of
Lhc total net rate of emission of particulate matter within the boundaries of
any lot shall be-made-as f~llow~: . _" "_ . - " .-
I. Determine the maximum emission in pounds per hour from each
source of emission and divide this figure by the number of acres of lot area -
thereby obtaining the gross hourly rate of emission in pounds per acre.
2. From each gross hourly rate of emission derived in (I), above,
deduct the correction factor (Interpolating as required) for height of emission
set forth in the table, thereby obtaining the net rate of emission in pounds per
acre per hour from each source of emission.
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3. Add together the individual net rates of emission derived in
(2). above, to obtain the total net rate of emission from all sources of
emission within the boundaries of the lot. Such total shall not exceed
three pounds per acre of lot area during any one hour.
b. Smoke - Heavy Manufacturing District - The emission of
more than 15 smoke units per hour per stack is prohibited, including
smoke of a density in excess of Ringelmann No. 2. However, once during
any three-hour period, each stack may emit up to 30 smoke units, for
blowing soot, and for cleaning fires. During fire-clea n ing periods only,
a smoke of a density of Ringelmann No. 3 shall be permitted, and then
for not more than four minutes per period.
The rate of emission of particulate matter from all sources within the
boundaries of any lot shall not exceed a net figure of three pounds per
acre of lot area during any one hour, after deducting from the gross hourly
emission per acre the correction factor set forth in the following table:
Allowance for Height of Emission*
Height of Emission
Above Grade (Feet)
50
100
150
200
300
400
correction (Pounds
Per Hour Per Acre)
0
0. 5
0. 8
1.2
2. 0
4. 0
*Interpolate for intermediate values not shown in table.
Determination of the total net rate of emission of particulate matter
within the boundaries of any lot shall be made as follows:
1. Determine the maximum emission in pounds per hour from
each source of emission and divide this figure by the number of acres of
lot area - thereby obtaining the gross hourly rate of emission in pounds
per acre. 8 2. From each gross hourly rate of emission derived in (I) 1.
above, deduct the correction factor (interpolating as required) for height
of emission set forth in the table, thereby obtaining the net rate of emission
in pounds per acre per hour from each source of emission.
.. .
3. Add together the individual net rates of emission derived in
(2L above, to obtain the total net rate of emission from all sources of
emission within the boundaries.of the lot, Such total shall not exceed three
pounds per acre of lot area during any one hour.
.. D. Toxic Matter - No use shall, for any period of time, discharge
across the boundaries of the parcel wherein it is located, toxic matter in
such concentrations as to be detrimental to, or endanger the public health,
safety, comfort, or welfare, or cause injury or damage to property or
business.
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E. Noxious and Odorous Matter - No activity or operation shall
cause, at any time, the discharge of matter across the lot lines in
such concentrations as to be noxious. The emission of odorous matter
in such quantities as to be readily detectable without the use of instruments
at any point along lot lines is prohibited.
11. No activities involving the storage, utilization or manufacture
of materials or products which decompose by detonation shall be permitted
in said subdivision.
12. No rubbish may be burned on the premises except in an
incinerator especially constructed and designed for this operation. Ap-
plicable restrictions of paragraph 10 of these restrictions apply to rubbish
burning.
13. The acceptance of the City of an Offer to Purchase land within
thc Businrb:s/Industrial Park is subject to the understanding that construction
of the proposed business will begin within 12 months of the conveyance of
property by the City to the purchaser. The initial construction proposed
in each purchase shall be a minimum of 2500 square feet of building per acre
purchased.
In the event any purchaser of land from the City of Muskego elects to sell
any portion thereof which is not being used in connection with the business
or industry of purchaser. or which purchaser desires to sell separate and
distinct from any sale of the business or industry being conducted by pur-
chaser the same shall first be offered for sale, in writing, to the City of
Muskego at the price per acre paid for such land by purchaser, together
with cost of any improvements thereon paid for by purchaser and any
special assessments paid by purchaser relating to such lands, with interest
at the rate of six per cent (670) per annum from date of payment of the
purchase price of said lands by purchaser, from the date of payment of
any cost for improvements on said lands by purchaser and from the date
of payment of any special assessments by purchaser relating to such lands,
to date of repurchase by the City.
The city shall have 90 days from date of receipt of such offer to accept or
reject the same, unless an extension of time may be mutually agreed upon
and set forth in writing. Acceptance or rejection of such offer shall be
indicated by resolution adopted by the Common Council of the City of Muskego.
In the event of acceptance of such offer by the City, conveyance shall be
by warranty deed free and clear of all liens or encumbrances cre.ated by
act or default of purchaser.
If the City of Muskego fails to act on such offer of sale within 90 days from
receipt t~hereof as aforesaid or-rejects-said offerr purchaser may then sell
said lands to any person, form or corporation and the City shall have no
further interest therein, except that any use of said lands by any subsequent
purchaser shall be subject to applicable zoning, ordinances, restrictions
and regulations of the City relating to the use of said premises at the time
of such sale.
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Nothing contained in paragraph 13 of these restrictions shall be deemed
to give the City of Muskego a right of first refusal in the event that
a purchaser of land who has improved the same in accordance with the
purpose and the original sale shall propose to sell all of such land as
one parcel together with the improvements thereon, it being intended
that the provisions of paragraph 13 of these restrictions shall apply only
to the resale of vacant land.
Paragraph 13 of these restrictions may be modified by a majority vote
of the Common Council of the City of Muskego without requiring the
approval or action of property owners within the subdivisions as set
forth in paragraphs 14 and 15 of these restrictions.
14. Each lot shall be conveyed subject to the within restrictions
and covenants, all of which are to run with the land and shall be binding
on all parties and all persons claiming them for a period of ten years
from the date this Declaration of Restrictions is recorded, after w.hich
time said covenants and restrictions shall be automatically extended
for successive periods of ten years each, unless an instrument signed ,by
a majority of the then owners, of the lots in said subdivision, together
with the approval thereof by the Common Council of the City of Muskego
has been recorded, agreeing to change, modify, or amend said covenants
in whole or in part.
In determining a majority of property owners one vote shall be counted
lor each owner owning three acres of land or less, and one additional
vote for each full three acres, with a maximum of ten (10) votes for any
one property owner. The unsold lands retained by the City shall not be
included in such voting.
The terms and provisions of paragraph 14 of these restrictions are
subject to the terms and provisions of paragraph 13 of these restrictions.
15. The within covenants and restrictions, except the provisions
of paragraph 13 of these restrictions, may be modified and amended only
upon the recording of an instrument to said effect duly signed by a
majority of the then owners of the lots in said subdivisions with the
approval thereof by the Common Council as evidenced by a resolution
duly adopted by at least a three-fourth's favorable vote of all members
of the Common Council.
The majority of the property owners shall be determined as set forth in
paragraph 14 of these restrictions.
16. The enforcement of the restrictions and covenants contained
in this Declaration of Restrictions. shall be by proceedings at' law or
in equity against any .person or persons violating or attempting to violate
any covenants, either to restrain violations or to recover damages. Such
proceedings may be commenced by any owner or owners of lots in said
subdivision or the City of Muskego.
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17. Invalidation of any one of these covenants or restrictions
contained within this Declaration of Restrictions, by judgment or court
order, shall in no way affect any of the other provisions hereof which
shall remain in full force and efiect.
IN WITNESS WHEREOF, the said City of Muskego has caused
these presents to be signed by Jerome J. Gottfried. its mayor and Bette
J. Bowyer, its clerk, and its corporate seal to be hereunto affixed this
day of ,,,/j,,;),- , 19x.
CITY OF MUSKECO
ATTEST: