PCR2010066
RESOLUTION #P.C. 066-2010
RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 17 AND CHAPTER 18 OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
WHEREAS, Chapter 17 regulates zoning regulations and Chapter 18 regulates land division regulations within the
City of Muskego and a portion of the ordinances requires modification, and
WHEREAS, A public hearing took place to consider the amendments on July 27, 2010.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapter 17
and Chapter 18 of the Municipal Code as attached.
Plan Commission
City of Muskego
Adopted: August 3, 2010
Defeated:
Deferred:
Introduced: August 3, 2010
ATTEST: Kellie McMullen, Recording Secretary
Code Changes
Distance Between Structures-
Chapter 17, Section 5.02(6)
Accessory Building Location: No accessory building shall be erected, structurally altered, or relocated so that any
roofed or enclosed portion thereof is closer than ten (10) feet to the principal building on the lot, although locations
can be as close as 5 feet if building codes are met in relation to firewalls.
Building/Structure Separation: No two buildings (shed, accessory structures, homes, etc.) on a lot shall
be erected, structurally altered, or relocated so that any roofed or enclosed portion of a building is
located closer than ten (10) feet to another building on the lot, although the separation can be reduced to
no less than five (5) feet if building codes are met in relation to firewalls.
Fences-
Chapter 17, Section 15.05(8)
FENCES & WALLS (Ord. #1311 - 02-04-2010)
Where anchored to supports embedded in the ground shall be considered permanent structures and shall be
subject to the following:
A. Any such fence or wall not in excess of 6 feet in height may be allowed with a valid zoning permit if
in compliance with Section 5.02(F).
B. Any such fence or wall in excess of 6 feet in height may be permitted provided it conforms to the
height, offset, and setback requirements of the district in which it is located.
C. Fence heights are measured from the natural grade at any point along the base of the
fence/posts to the top of the highest fence panel or post. If the fence is going to be located
on a berm, the berm cannot have slopes that measure steeper than four (4) foot horizontal to
one (1) foot vertical slope. Also, the top of the berm must have a level area on each side of
the fence that is at least two (2) feet wide. These requirements apply to any
new/replacement fencing on an existing or proposed berm.
D. The decorative side of all fencing must face the neighboring properties.
E. All fencing in residential districts must be constructed out of materials that are traditionally
found in residential areas.
FC. Retaining walls or decorative walls may be permitted anywhere on the lot provided, however, that
no individual wall shall exceed 6 feet in height, and a terrace of at least 3 feet in width shall be
provided between any series of such walls and provided further that along a street frontage no such
wall shall be closer than 3 feet to the base setback line.
Restoring Non-Conforming Structures-
Chapter 17, Section 6.02(6)
RESTORATION OF NON-CONFORMING STRUCTURES
Per State Statute Section 62.23(7)(hc) any non-conforming structure that is damaged or destroyed and
meets all of the following criteria can be restored to its same size, location, and use that it had
immediately before the damage or destruction occurred.
A. The non-conforming structure was damaged or destroyed on or after March 2, 2006.
B. The damage of destruction was caused by violent wind, vandalism, fire, flood, ice, snow,
mold, or infestation.
Bed and Breakfast-
Chapter 17, Section 8.01(3)(B)
15. Bed and Breakfast: A Bed and Breakfast is an owner managed and occupied residential structure
used as a lodging establishment where a room, or rooms, are rented on a nightly basis, and in which only
breakfast is included as part of the basic compensation. A Bed and Breakfast facility is allowed in some
residential zoning districts provided a conditional use grant is first received from the City’s Planning
Commission. Bed and Breakfast operation is subject to the following conditions and submittal
requirements being met thru the City’s Planning Commission:
a. A Building, Site, and Operation Plan outlining all pertinent details must be submitted to the
Planning Commission (narrative, building elevations, floor plans, site plan, lighting,
landscaping, refuse, etc.).
b. The facility shall have any applicable State licenses/approvals required for lodging and/or
food services, and comply with and maintain all health, safety, building, and fire codes as may
be required or applicable.
c. A maximum of five (5) bed and breakfast units may be established within a structure.
d. The bed and breakfast establishment shall provide a minimum of one parking space per bed
and breakfast sleeping room and a minimum of two (2) parking spaces for the use of the
operator and family of the operator provided, however, the City Plan Commission may
determine it sufficient for less parking spaces in extenuating circumstances so long as it is
not detrimental to the neighborhood. The parking must follow other parking requirements per
this code and may require additional screening depending on the desired location and
surrounding land uses. Parking shall not be detrimental to nearby properties due to excess
noise, odor, glare or other factors.
e. Signage is limited per the sole direction of the Planning Commission.
f. The owner shall reside on site.
g. Breakfast shall be served on the premises only for guests and employees of the inn. Rooms
may not be equipped with cooking facilities. No other meals shall be provided on the
premises.
h. All bed and breakfast units shall be established within the principal or accessory structures
on the property.
i. The principal structure shall have a minimum size of one thousand five hundred (1,500) gross
square feet.
j. No liquor is to be sold or served on the premises unless the operator has first obtained a
liquor license from the City.
k. All bed and breakfast facilities must maintain a guest logbook that must include the names
and home address of guests, guest license plate numbers if traveling by automobile, dates of
stay, and the room number of each guest. The log must be available for inspection by City
public safety staff upon request.
l. No guest shall stay in the facility for more than fourteen (14) days within any thirty (30) day
period.
Chapter 17, Section 8.01(3)C.
16. Bed and Breakfasts as regulated by 17:8.01(3)(B)15.
Chapter 17, Section 8.35(3)C.
15. Any conditional use grant as permitted in the RCE District.
Platting Requirements-
Chapter 18, Section 18.31(2)
(2) PRELIMINARY PLAT APPROVAL. The objecting agencies shall, within 20 days of the date of receiving
their copies of the preliminary plat, notify the Subdivider and all other approving and objecting agencies of
any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall
return that copy to the City Plan Commission. If an objecting agency fails to act within 20 days, it shall be
deemed to have no objection to the plat.
(a) The City Plan Commission shall, within 60 days of the date of filing of a preliminary plat with the
City Clerk, examine the preliminary plat as to its conformance with this chapter; consider review
comments from objecting agencies, City staff and other agencies required to review and
comment on the preliminary plat; and shall recommend approval, approval with conditions or
rejection of the preliminary plat to the Common Council.
(b) The Common Council shall, within 90 days of the date of filing a preliminary plat with the City
Clerk or designee, approve, approve conditionally or reject such plat. If the preliminary plat is
approved conditionally or rejected, the City shall state, in writing, any conditions of approval or
the reasons for rejection. One copy each of the plat and letter shall be placed in the Plan
Commission permanent files.
(c) Failure of the Common Council to act within 90 days of the date of filing, or within the times as
extended by agreement with the Subdivider, shall constitute an approval.
(d)(a) Approval or conditional approval of a preliminary plat shall not constitute automatic approval of
the final plat, except that if the final plat is submitted within 3624 months of preliminary plat
approval and conforms substantially to the preliminary plat layout as provided under
§236.11(l)(b), Wis. Stats., the final plat shall be entitled to approval with respect to such layout.
If the final plat is not submitted within 3624 months of the last required approval of the
preliminary plat, any approving authority may refuse to approve the final plat. An approved
preliminary plat shall be deemed an expression of approval or conditional approval of the layout
submitted and used as a guide in the preparation of the final plat, which will be subject to
further consideration by the City Plan Commission and Common Council at the time of its
submission.
(e)(b) Upon approval or conditional approval of a preliminary plat from the Plan Commission or the
Common Council, the Subdivider may proceed with installation of subdivision improvements
after approval of the engineering plans by the City Engineer, Public Works Committee and
Public Utility Committee, approval of all other applicable agencies and submittal to the City of
copies of all permits and letters of approval and/or may submit a final plat for review. The
Subdivider shall enter into a contract with the City agreeing to install the required improvements
and shall file with the contract a letter of credit, cash or certified check meeting the approval of
the City Attorney in an amount 120% of the estimated cost of the improvements, such estimate
to be made by the Finance Committee and Common Council upon the recommendation of the
City Engineer, as a guarantee that such improvements will be completed by the Subdivider or
his subcontractors not later than one year from the date of recording of the plat and as a further
guarantee that all obligations to subcontractors for work on the development are satisfied.
If after the approval or conditional approval of the Preliminary Plat by either the Plan
Commission or the Common Council, the Subdivider creates a substantial change to the
subdivision layout, the City shall require the resubmittal of a preliminary plat in conformance
with sub. (1) above. A substantial change to the subdivision layout will have presumed to occur
if the external boundaries of the subdivision plat are changed in any manner, there is an
increase in the number of lots by more than 5%, there is a change in street configuration or a
permitting agency denies a permit on which the plat depends. If the change is made at the
request of the City, a substantial change shall not be presumed to occur and the Subdivider
may proceed with submittal of a final plat. (Ord. #1261 – 8-23-2007)
Chapter 18, Section 18.32(3)(g)
(g) Recordation. The final plat shall be recorded with the Waukesha County Register of Deeds only after the
certificates of the Wisconsin Department of Agriculture, Trade and Consumer Protection, the Common
Council, the surveyor and those required by §§236.21 and 236.12(4), Wis. Stats., are placed on the face
of the plat. The plat shall be recorded by the City Clerk within 30 days 12 months of its final approval by
the Common Council and within 36 months after the first approval.
Definitions within Property Maintenance Code-
Chapter 35, Section 35.04(2), (5), & (7)
(2) Commercial Property - A parcel or part of parcel used in whole or in part for office, retail, or service or
similar use consistent with B-1, B-2, B-3, B-4, B-4, DR-1, HC-1, BP-1, BP-2, BP-3, BL-1, and BL-2
zoning districts and OOS overlay. This definition includes all vacant and/or improved lands in said
business districts B-1, B-2, B-3, B-4, B-4, and OOS districts.
(5) Industrial Property - A parcel or part of parcel used in whole or in part for manufacturing, warehousing, or
similar uses consistent with the M-1 and M-2 I-1 and I-2 zoning districts. This definition includes all
vacant and / or improved lands in said industrial districts I-1 and I-2 zoning districts.
(7) Multi - Family Property - A parcel or part of parcel used in whole or in part for residential use by two or
more households but shall not include single family dwellings with mother-in-law units. This definition
includes all vacant and/or improved lands within the RM-1, RM-2, and RM-3 multi–family districts
RSA, RSM, and OD overlay.
Grass Height Regulations within Property Maintenance Code-
Chapter 35, Section 35.05
Following are the minimum standards to be met by a property owner or occupant for properties which are zoned
and/or used for industrial, commercial or multi-family residential purposes, except for Section 35.05(8) which
applies to all residentially zoned properties within the City, regarding property maintenance for all premises
within the City of Muskego. Violation of these standards may result in the issuance of a citation by the Building
InspectorCommunity Development Director or his designee.
Chapter 35, Section 35.05(8)
(8) Residentially zoned properties: The height of grass and other general ground cover shall be kept trimmed
to a height of no more than eight (8) inches. Ground cover may exceed eight (8) inches when the cover
is not part of the general landscaping of the principal dwelling (generally, properties exceeding one acre
where maintenance of whole property is too arduous) or when the ground cover is approved by the City
Forester as an established prairie (an approved prairie must have no undue harm to surrounding
properties and must fit within the residential neighborhood in which the use is proposed). These
regulations also apply to vacant residentially zoned lots within the City. The enforcement
regulations in Section 35.06(4) also apply to this ordinance. (Ord. #1292 – 04-02-2009)
Chapter 35, Section 35.06(4)
(4) If violation has not been corrected within the time limits allowed by the Building Inspector, the Building
Inspector shall issue a citation on the property owner regarding such violation. For noxious weed
violations, pursuant to Wisconsin Statute 66.98 and for ground cover violations over the required eight (8)
inch height, the Building Inspector shall have the alternative option to instruct the Weed Commissioner
and/or Department of Public Works to correct said violation and charge the actual costs incurred against
the property owner. If such charges are not paid by November 1 of the year in which they are billed, such
charges shall be extended on the next succeeding tax roll as a tax charged against the property affected
and collected in the same manner as are other taxes, pursuant to 66.98 Wis. Stats. In addition to the
regulations noted above, if grass on a residentially zoned property needs to be cut by the City
more than one time in a calendar year, there will be an additional $100.00 charge per cutting billed
to the property. (Ord. #1292 – 04-02-2009)