PCR2013019
RESOLUTION #P.C. 019-2013
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 divisions 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 March 26, 2013, and
WHEREAS, Sections 3.02, 5.02, 5.05, 6.02, 15.05, 16.06, 16.08, 16.09, 16.10, & 20.07 of Chapter 17 are being
modified, and
WHEREAS, Section 18.42 of Chapter 18 is being modified.
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: April 2, 2013
Defeated:
Deferred:
Introduced: April 2, 2013
ATTEST: Kellie McMullen, Recording Secretary
2013 Code Changes
Zoning Board of Appeals Variance Expiration-
Chapter 17, Section 3.02(9)
D. Expiration of a Variance. All work associated with an approved variance request must be completed
within eighteen (18) months from the date of the variance approval, unless otherwise approved by the
Zoning Board of Appeals. For the purpose of this code section, “all work completed” means that all
final inspections must be approved and occupancy must be granted.
Setbacks/Offsets from Lake Access Right-of-Ways-
Chapter 17, Section 5.02
(8) Setbacks/Offsets from Public Lake Access Right -of-Ways: Any lot that shares a lot line with a public
lake access right-of-way will have the setback/offset from the shared lot line treated as a side yard
offset rather than front yard setback, based upon the Zoning District in which it is located.
Setbacks-
Chapter 17, Section 5.02(2)B.
No building shall hereafter be erected, structurally altered, or relocated so that it is closer to the Base Setback
Line than the setback distance hereinafter specified by the regulations of the district in which it is located with the
following exceptions applicable only where the setback requirements affecting all properties are identical and
provided that in no case shall any building be permitted forward of the Base Setback Line or a garage be
permitted closer than twenty (20) feet to the Base Setback Line:
Offsets-
Chapter 17, Section 5.02(3)A.
No building shall hereafter be erected, structurally altered, or relocated so that it is closer to any lot line than the
offset distance hereinafter specified by the regulations for the district in which it is located except as follows:
1. In the case of any lot of record which has a minimum average width less than that required by the district in
which it is located, the offset from a side lot line may be reduced proportion ately to the ratio between the
actual minimum average width and the required minimum average width provided, however, that no offset
shall in any case be less than 1/2 the required offset.
2. Where a lot abuts a district boundary line, the offset from such line in the district of less restrictive use shall
not be less than that required for the district of more restrictive use.
32. In the case of single family attached, multiple family, commercial, or industrial use structures t wo or more
buildings on adjoining lots may be erected with common or directly adjoining walls provided the
requirements of the State Industrial Code relative to such construction are complied with and provided that
at both ends of such "row" type buildings the applicable offset requirements shall be complied with.
Lot Size – Minimums Required-
Chapter 17, Section 5.05(1)
No building shall be erected on a lot of less area or of minimum average width less than hereinafter specif ied by
the regulations of the district in which such building is located, except where said lot is an existing lot of
record which was previously divided.
Non-Conforming Structures-
Chapter 17, Section 6.02(2)
NON-CONFORMING STRUCTURES
For the purpose of administration such nonconformity shall be classified and regulated as follows:
A. No such structure shall be expanded or enlarged except in conformity with the regulations of the district
in which it is located, unless said expansions or enlargements do n ot get any closer than their existing
distance from any lot line and shall not exceed 50% of the assessed value.
B. Where any such use is discontinued for a period of twelve (12) consecutive or for eighteen (18)
accumulative months during any three (3) year period, any future use of the structure shall
conform to the regulations of the district in which it is located.
C. In this Subsection pursuant to Wisconsin Statutes Section 62.23(7)(hb) as to repair and
maintenance of certain non-conforming structures:
i. “Development Regulations” means the part of a zoning ordinance enacted under
this subsection that applies to elements including setback, height, lot coverage
and side yard.
ii. “Non-Conforming Structure” means a dwelling or other building that existed
lawfully before the current zoning ordinance was enacted or amended but that
does not conform with one or more of the development regulations in the current
zoning ordinance.
This subsection does not prohibit, or limit based on cost, the repair, maintenance, renovati on or
remodeling of a non-conforming structure.
B. When such structure is damaged to the extent of more than 50% of its current assessed value, it shall
not be restored except in conformity with the regulations of the district in which it is located.
C. Structure repairs and alterations to a non-conforming structure housing shall not, as long as such use
continues, exceed 50% of the assessed value of the structure at the time the use became
nonconforming.
D. Where any such use is discontinued for a period of twelve (12) consecutive or for eighteen (18)
accumulative months during any three (3) year period, any future use of the structure shall conform to
the regulations of the district in which it is located.
Retaining Wall Terrace Requirements-
Chapter 17, Section 15.05(8)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. When multiple walls are being installed, a terrace equal to half of the tallest wall height must
be provided between each of the multiple walls.
Code Section Reference to EMC Signs-
Chapter 17, Section 16.06(1)C.
No sign shall rotate nor have or be illuminated by moving or flashing lights, except electronically controlled
intermittent lights that are permitted subject to approval by the Plan Commission under Section 16.04 16.09(3)
subject to their size not exceeding 25% of the area of the combined square footage for both the electronic sign
and main identification sign.
Reader Board/EMC Lines of Text-
Chapter 17, Section 16.08(6)
Area: No free standing or wall sign shall exceed the height as hereinafter specified by the regulations of the
district in which it is located and as summarized in the Table of Dimensional Requirements, per Section
6.09(6)(h)16.08(6)C..
Reader Board/EMC Lines of Text-
Chapter 17, Section 16.08(6)B.1.
Reader board signs (Including electronically controlled signs) shall not exceed 25 -percent of the area of the main
identification sign and is to be part of the main identification sign face, a separate face mounted on the same
structure as the main identification sign, or mounted on the building. In any case, such a sign is in the total
allowable square footage calculations for all signage at a specific location as it applies to wall, projection and
freestanding signage. All changeable copy signs approved by the Plan Commission after January 1, 2002 shall
be limited to two (2) lines of text. The height of the letters installed on said signs shall conform to the values
outlined in the Table below. Size specifications as herein described shall not apply to signs associated with
theaters, churches, schools, government, and other non-profit related services, clubs, and organizations except to
the extent as allowed by Planning Commission and as regulated by the specific zoning district in which it is
located.
Reader Board/EMC Scrolling Note-
Chapter 17, Section 16.09(3)
Time/Temperature and LED devices: Time-and-temperature and LED 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 and LED devices may display the time, the temperature, activities occurring on the premises, and
public events. The signs may change messages or time/temperature every 3 seconds. Continual scrolling of
messages is not allowed. The requirements of Section 16.06 also apply. 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.
Temporary Sign-
Chapter 17, Section 16.10(2)
Upon approval of the Community Development Director, a sign such as a banner, changeable copy sign,
sandwich board over twelve square feet, etc. for the purpose of a nnouncing a special event or sale, or for a
similar special informational purpose, may be permitted for a maximum of fifteen (15) days at a time. All
temporary signs require a Sign Permit through the Community Development Department before they can be
placed on a site. Temporary signs of this nature can only be approved on a single property up to five (5) times a
calendar year. If the property is occupied by only one business, then only one temporary sign is allowed
at a time. If the property contains multiple tenants, then no more than two temporary signs can be
allowed at one time. Each business/tenant is allowed their own fifteen day duration up to five (5) times a
year. If a property has a permanent changeable copy sign on site, then an additional temporary changeable copy
sign is not allowed at any time.
Swimming Pool Locations-
Chapter 17, Section 20.07(2)
Pools and hot tubs should not be located any closer than the required setback, per the Zoning District, to any
right-of-way line and no closer than 10 feet to a any other side and/or rear property line not adjacent to a
right-of-way. Surfaced terraces shall be permitted no closer than three (3) feet to a lot line where accessory to a
private residential pool. Sun decks shall be permitted no closer than five (5) feet to a lot line where accessory to a
private residential pool. In any other case they shall be permitted within the setbacks and offsets on the property.
Lot Access/Frontage-
Chapter 18, Section 18.42(3)
ACCESS. Every lot shall front or abut for a distance of at least 30'80’ on a public street/right-of-way and be at
least 45' on all proposed cul-de-sacs.
Lot Width-
Chapter 18, Section 18.42(9)
WIDTH. Width of lots shall conform to the requirements of the z oning ordinance or other applicable ordinance,
and in no case shall a lot be less than 80' in width at the base setback line for that specific zoning district.