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PCR2012005 RESOLUTION #P.C. 005-2012 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO WHEREAS, Chapter 17 regulates zoning 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 January 10, 2012, and WHEREAS, Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05, & 16.09 of this Chapter are being modified. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapter 17 of the Municipal Code as attached. Plan Commission City of Muskego Adopted: March 6, 2012 Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary Code Changes Chapter 17, Section 4.03 (6) - (6) COMPLIANCE IN PERPETUITY Any BSO Plan granted through the authority of this Section, or site/façade improvement (based on an approved grant or loan program carried out by the Community Development Authority, Planning Commission, or Common Council) shall be perpetually binding upon the development and all aspects of the approval given shall be followed. Further, BSO Plan or site/façade improvement referenced above, shall be perpetually binding to the extent that: A. All buildings and structures shall be maintained in a tasteful, safe and appropriate manner as they were originally approved for. B. All landscaping shall be periodically groomed and/or replaced when necessary. C. All drives, parking and pedestrian areas shall be kept i n a safe and passable condition. This includes the maintaining of the appropriate pavement markings and the refinishing of the asphalt or concrete when it should become deteriorated. D. All natural areas and environmental areas identified for protection shall be maintained in manner which preserves their aesthetic and natural function E. All repairs and maintenance shall be executed in a timely manner. Chapter 17, Section 8.01 (3) C. 17. - 17. Waiver to a dimensional zoning regulation for a reasonable accommodation for person with disabilities. See Section 14.03(7) for details. Chapter 17, Section 8.38 (3) C. 1. C. - c. Nursing/rest homes, homes for all aged, and daycares. Chapter 17, Section 9.17 (1) - (1) The Lake Meadows Planned Development consists of approximately 132.5 acres containing 206 single- family parcels and one outlot. The development is located off of Kelsey Drive just east of Crowbar Drive and stretches south from Kelsey to Lake Denoon. The Final Plat included one outlot that was dedic ated to the City for Park purposes and is now zoned for a City Park. The development was constructed in one phase and is serviced by the Norway Sewer Service District and a private water trust. The planned development was originally created under the zoning of RS-2/PD Suburban Residence District with a Planned Development Overlay District. The Planned Development zoning was put in place to allow the developer’s to use the reduced lot square footages while preserving the required density of the City’s Comprehensive Plan. The PD also changed a few of the requirements of the underlying zoning including reducing all front setbacks to 35 feet, reducing side offsets to 10 feet, and enlarging rear offsets to 30 feet, except for accessory structures which are allowed a 10 foot rear offset. The 2010 Comprehensive Plan depicts the area for single-family residential development consistent with the Lake Meadows proposed density. A Developer’s Agreement was approved with the Final Plat by the City’s Common Council outlining the individual guarantees. Chapter 17, Section 14.03 (7) - (7) REASONABLE ACCOMMODATIONS FOR THE DISABLED A waiver to a dimensional zoning regulation can be granted through a Conditional Use Grant to offer a reasonable accommodation for a person with disabilities. Said grants should only be issued for current needs and only the minimum waiver necessary should be granted, with all other non-waiver options first being explored and ruled out. The Plan Commission can impose conditions as part of said grant, such as having said structure/feature removed once the disabled person vacates the property. Chapter 17, Section 14.06 - Where a permitted conditional use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare the conditional grant may be term inated by action of the Common Council following referral to the Plan Commission for recommendation, and public hearing thereon. Such use shall thereafter be classified as legal nonconforming use, except that where the action is due to failure to comply with the conditions of the conditional grant, the Common Council may require complete termination of such use. When the owner of the property/business is requesting the termination willingly, due to the use being discontinued, a public hearing is not required. Building, Site, and Operation Plan amendment review is still required by the Plan Commission to terminate said use in this circumstance. Chapter 17, Section 15.05 (8) - (8) FENCES & WALLS 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. Fence panels are allowed to be up to 6 feet in height, w ith up to an additional 6 inches being allowed for ground clearance and post/cap height. The total height of any installed fencing system (fence panels, posts, and caps) cannot exceed a maximum combined height of 6 foot 6 inches. The total fence system h eights are measured from the natural grade at any point along the base of the fence/posts to the top of the highest fence panel, post, or post cap. B. Any such fence or wall in excess of the height listed in 15.05(8)A. 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 or wall 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 or wall that is at least two (2) feet wide. These requirements apply to any new/replacement fencing or wall on an existing or proposed berm. (Ord. #1326 08-19-2010) D. The decorative side of all fencing must face the neighboring properties. (Ord. #1326 08 -19-2010) E. All fencing in residential districts must be constructed out of materials that are traditionally found in residential areas. (Ord. #1326 08-19-2010) F. 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. Chapter 17, Section 16.09 (3) - (3) Time/Temperature and LED devices: Time-and-temperature devices may be erected as wall signs or part of ground and monument signs and shall meet the requirement attendant to those sign types. Time -and- temperature devices may display the time, the temperature, activities occurring on the premises, and public events. Signs may be illuminated but nonflashing. Signs shall not be revolving, scrolling, or animated; however, time-and-temperature devices may be cyclical. Approved LED devices may advertise three messages per day. The signs may change messages or time/temperature every 3 5 seconds. Colors and intensity of LED signage is under the sole discretion of the Planning Commission. LED specifications must be included as part of submittal if intended to be used.