PCR2020017 Zoning Code Amendments
RESOLUTION #P.C. 017-2020
RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 400
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
WHEREAS, Chapter 400 regulates zoning regulations within the City of Muskego and portions of the ordinances
requires modification, and
WHEREAS, A public hearing took place to consider the amendments on February 25, 2020, and
WHEREAS, The specific sections being amended include: Sections 400-15, 400-17, 400-29, 400-31, 400-42,
400-62, 400-76, 400-159, 400-166, 400-181, 400-190, 400-193, 400-216, and
WHEREAS, The proposed amendments relate to barns as wedding/event venues, goat and livestock regulations,
scoreboards regulations and other miscellaneous topics.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council for
the attached (Exhibit A) changes to Chapter 400 of the Municipal Code.
Plan Commission
City of Muskego
Adopted: March 3, 2020
Defeated:
Deferred:
Introduced: March 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
EXHIBIT A
Chapter 400 - Zoning
Barns as Event/Wedding Venues
Addition of “Adaptive reuse of existing barns for an event/wedding venue” as a Permitted use by
conditional use grant in the RCE District - Section 400-42C.(3)(s)
(s) Adaptive reuse of existing barns for an event/wedding venue as per § 400-159J. of this chapter.
__________
Addition of the specific regulations relating to the “Adaptive reuse of existing barns for an event/wedding
venue” - Section 400-159J.
J. Adaptive reuse of existing barns for an event/wedding venue.
(1) Definition. “Adaptive reuse of existing barns for an event/wedding venue” means any barns erected
before January 1, 2020 to be reused as an event/wedding venue.
(2) Purpose. The following regulations are created to allow for an adaptive reuse of existing barns ensuring
that applicable ordinances are followed; to protect against adverse impacts of noise, odor, disturbance,
visual impacts or other nuisances that this practice could have upon neighboring properties and to control
the impacts of such operations on municipal services, including snowplowing, garbage collection,
sanitation, law enforcement and fire protection.
(3) Conditional use grant required. No commercial event/wedding may occur in the a barn unless an
adaptive reuse of existing barns for an event/wedding venue conditional use grant for such operation is
granted by the City, and only in full compliance with such conditional use permit. The general provisions
as to conditional uses described in Article XIV of this chapter apply to adaptive reuse of existing barns for
an event/wedding venue conditional uses.
(4) Conditions to be met for grant of permit. A conditional use permit shall not be granted for the adaptive
reuse of existing barns for an event/wedding venue unless all of the following conditions are met:
(a) The minimum parcel size shall be five (5) acres.
(b) A two hundred (200) foot separation between any event related building or amenity/feature and any
structures on adjacent lots shall be provided on all sides of the property not abutting a public
roadway. Special event/commercial business related structures, activities and/or features are not
permitted within a fifty (50) foot buffer area, nor is parking allowed in this buffer area. The Plan
Commission can consider reducing the required buffer, as it relates to parking only, from any right-of-
way if dense landscape screening is provided. If an existing barn is located closer than the fifty (50)
foot buffer, then the Plan Commission can consider reducing the required buffer to not less than the
existing barn offset. Where possible, agricultural crops shall remain or be grown in the buffer area, or
suitable landscaping, to maintain the rural/agricultural character of the site.
(c) Buffer plantings shall be provided along a property line where there is an abutting residence,
including across roadways, to screen views, lights and noise from the operation.
(d) Parcels shall have direct unobstructed frontage along a paved public road for direct access.
(e) The surface of the parking areas and driveways are preferred to be asphalt, but the Plan Commission
can consider gravel parking areas on a case-by-case basis if the parking is far enough from adjacent
lots and homes and if the parking lot can be maintained in a dustless condition. The number of
parking stalls required should be one (1) stall for every two (2) people of building capacity with the
final quantity being approved by the Plan Commission.
(f) Any amplified music should occur only in the main barn structure and all door and windows must
remain closed when the amplified music is playing. Special conditions can be considered for unique
situations, subject to Plan Commission review.
(g) The barn must be structurally sound and must meet all applicable Building Codes and Fire Codes.
(h) Applicants for a conditional use grant under this Subsection shall provide the following information at
the time of application:
\[1\] Ownership of the property
\[2\] Months/duration of operation
\[3\] The anticipated number of events per year
\[4\] Proposed hours/days of operation
\[5\] Primary types of events to be hosted and a description of their ancillary activities (e.g. hayrides,
petting farms, bonfires, etc.)
\[6\] Size of the barn facility and guest capacity, including a floor plan of the barn and auxiliary
structures (including any tents or other temporary structures)
\[7\] A site plan/survey for the entire parcel, including ingress/egress, parking areas, all facility
structures/tents, restroom locations, and any other site based features
\[8\] Provision of restroom facilities, including screening method (must be provided)
\[9\] Location of refuse receptacles, screening and method of disposal
\[10\] Proposed signage and lighting plan
\[11\] Proposed use and location of amplified music
\[12\] Any additional information required by the Plan Commission to ensure the safe operations of the
event / wedding venue.
__________
Amend permitted use by conditional use grant in the B-1 District to exclude the “Adaptive reuse of
existing barns for an event/wedding venue”- Section 400-62C.(3)(a)
Any conditional use permitted in the RCE District except second residential structures and except the adaptive
reuse of existing barns for an event/wedding venue.
__________
Addition of the definition of “ADAPTIVE REUSE” - Section 400-216
ADAPTIVE REUSE
The reuse of a site/building for a purpose other than originally intended.
Scoreboards
Addition of the allowance of scoreboards under the signage provisions - Section 400-181J.
J. Scoreboards. Upon approval by the Plan Commission, a scoreboard is allowed in the I-1 Government and
Institutional District, PI-1 Parks and Recreation District or at an approved outdoor recreational facility, as
designated in Article XX, subject to the requirements of §400-21. Scoreboards are exempt from the reader
board sign size limits of §400-180F.(2). The size, height and location of a scoreboard is subject to Plan
Commission approval. The Plan Commission will give special consideration to screening from right-of-way
and neighboring residential uses; motion, videos and flashing; and audio/noise emanating from the
scoreboard or system mounted to the scoreboard. The Plan Commission can also consider sponsorship
advertising on the face of the scoreboard, the rear of the scoreboard or the scoreboard structure itself if there
is a defined plan outlining the sizes, quantity and design.
Goats/Sheep and other Livestock
Amend the RCE district’s reference to goats and horses to reflect the other code changes relating to
goats and horses - 400-42C.(1)(c)
(c) Crop, dairy, cattle, horse, goat/sheep and tree farming subject to the following:
__________
Amend the RCE district’s reference to goats to reflect the other code changes relating to goats - 400-
42C.(1)(c)\[1\]
\[1\] The keeping or raising of hogs, or fur bearing animals or goats shall not be permitted.
__________
Amend the RCE district’s reference to goats to reflect the square footage requirement for each allowed
animal, rather than the per acre reference - 400-42C.(1)(c)\[2\]
The keeping or raising of poultry and domestic livestock, except for hogs and fur bearing animals, the raising of
which is absolutely prohibited in this district, shall be permitted as part of a principal agricultural use of the
premises on farms of at least 10 acres in area on the basis of not more than one head of livestock per acre
40,000 square feet of land, nor more than 50 fowl per acre 40,000 square feet of land.
__________
Amend how the number of allowed livestock/fowl is regulated - 400-42C.(2)(f)\[3\]
\[3\] Not more than one head of livestock and or 20 fowl shall be permitted per 40,000 square feet of lot area, nor
shall any such livestock or fowl be permitted on a lot less than 120,000 square feet in area unless the
requirements are met for chickens per Subsection C(2)(f)\[2\] above. See Subsection C(2)(f)\[4\] for further
details on how to calculate the number or livestock and fowl allowed.
__________
Addition of clarification on how to determine the number of livestock and fowl allowed on a property -
400-42C.(2)(f)\[4\]
\[4\] Determining the maximum number of livestock and fowl. The calculation of the maximum number of livestock
and fowl allowed applies to all subsections in § 400-42C.(2)(f). Different animal types may be combined, but
the total calculated number of animals may not exceed the maximum per-acre density identified in § 400-
42C.(2)(f)\[3\]. For example, a three-acre lot will allow for three head of livestock or 60 fowl; or a three acre lot
can have one horse, one sheep and 20 head of fowl, or equivalent numbers not to exceed the maximum
allowed.
\[a\] Contiguous land under the same ownership. The total acreage of parcels of land that are contiguous to
each other, under that same ownership and have the appropriate zoning category may be used when
calculating the maximum number of animals allowed. The minimum lot size for the keeping and raising of
animals shall be met prior to additional animals being allowed for additional contiguous lands.
\[b\] Contiguous land that is leased. If contiguous land is being leased for agricultural purposes, the leased
land area can be used when calculating the maximum number of animals allowed. Once the land is no
longer being leased, the maximum number of animals allowed shall be adjusted. A written lease
agreement, signed by all property owners, shall be required. The minimum lot size for the keeping and
raising of animals shall be met prior to additional animals being allowed for additional contiguous lands.
The leased land shall be used exclusively by the lessee.
\[c\] When determining the maximum number of animals allowed on contiguous lands, the land area can only
be used once or by one property owner. Double counting is not allowed.
__________
Addition of storage requirements for bedding, feed and manure as it relates to livestock on residentially
zoned properties - 400-42C.(2)(f)\[3\]\[a\]
\[a\] Storage requirements.
(i) All bedding materials must be stored indoors.
(ii) Any outdoor piles of feed and bedding shall be located at least 100 feet from any public right-of-way or
adjacent residential lot line.
(iii) Manure shall be stored no less than 100 feet from any public right-of-way or adjacent residential lot line.
__________
Amend the A-1 district’s reference to goats to reflect the other code changes relating to goats - 400-
76C.(1)(b)\[1\]
\[1\] Farms primarily for the keeping or raising of fur bearing animals, or hogs or goats shall not be permitted
except as conditional uses.
__________
Amend the A-1 district’s reference to goats to reflect the other code changes relating to goats - 400-
76C.(3)(b)
(b) Hog, goat or fur farms.
__________
Remove references to hobby farms as the regulations contradict other livestock regulations - 400-166
Hobby kennels and hobby farms.
__________
Remove the hobby farm regulation section as the regulations contradict other livestock regulations - 400-
166B.
B. Hobby farms.
(1) When permitted. Hobby farms as defined in this code shall be permitted as an accessory use on any
property having at least 120,000 square feet of land area and zoned for residential use. Said hobby farm
must be incidental to an existing principal residential use and shall be subject to the provisions of this
section.
(2) Building, site and operation plan required. All hobby farms proposed from and after the adoption of this
code are subject to building, site and operation plan approval by the Plan Commission following written
notice being distributed by the City to neighboring property owners within 100 feet of the subject property.
(3) Permitted fowl and livestock. One head of livestock and 10 fowl shall be permitted per 40,000 square feet
of land area, to a maximum of 30 head of livestock and 50 fowl.
(4) Prohibited fowl and livestock. Hogs and fur bearing animals other than rabbits are prohibited.
(5) Permitted horses. Horses shall be permitted when a parcel has at least 2.75 acres of land area. When the
land is compliant, one horse is allowed for every 40,000 square feet of land area.
(6) Storage requirements.
(a) On parcels of land less than 200,000 square feet in area, all bedding materials must be stored
indoors.
(b) On parcels of land 200,000 square feet in area or greater, any outdoor piles of feed and bedding shall
be located at least 100 feet from any public right-of-way or adjacent residential lot line.
(c) Manure shall be stored no less than 100 feet from any public right-of-way or adjacent nonresidential
lot line.
__________
Addition of the definition of “LIVESTOCK” - Section 400-216
LIVESTOCK
Horses, cattle, sheep and goats kept or raised for domestic use, not including hogs/pigs or fur bearing
animals.
__________
Remove the “FARM, HOBBY” definition since hobby farm references are being removed from the zoning
code - 400-216
FARM, HOBBY
An area of land devoted to agricultural activities which are accessory to the principal use of the property,
including growing of customary produce, including but not limited to vegetables, fruits, and grains, and for the
packaging and storage of produce grown on premises, as well as for the raising thereon of the usual poultry
and livestock such as horses and cattle, and not including commercial feeding of garbage or offal to swine or
other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the
commercial feeding of poultry or laboratory animals such as mice, rats, etc. Hobby farms are subject to
limitations on the maximum head of poultry and livestock and separation requirements found in § 400-166B of
this code.
__________
Remove the “STABLE, PRIVATE” definition since private stables are not referenced anywhere in the
zoning code text and since the hobby farms that definition reference are being removed from the zoning
code - 400-216
STABLE, PRIVATE
An accessory use and accessory structure constructed and operated under the auspices of a hobby farm
building, site and operation plan in which equines are kept primarily for breeding, private boarding, training
and/or giving lessons, but not for rent or hire to the public.
Other Miscellaneous Zoning Codes
Amend who reviews variances to the separation between the highest anticipated seasonal groundwater
level from the Zoning Board of Appeals to the Public Works and Safety Committee - Section 400-31B.(1)
(1) Adequate drainage required. No principal building shall be erected, structurally altered, or relocated on land
which is not adequately drained at all times nor which is subject to periodic flooding, nor so that the lowest
floor level is less than two feet above the highest anticipated seasonal groundwater level. An occupancy
permit and zoning permit shall not be issued for any lot where the grading plan approved for that lot at the
time of its platting has not been accomplished. Any variances to this requirement can only be made by the
Public Works and Safetey Committee.
__________
Amend the minimum parking stall size required from 10’ x 20’ to 9’ x 18’- Section 400-190D.(1)
(1) Parking stalls shall be a minimum size of 109 feet wide by 2018 feet in length when aligned horizontally and
9.5 feet wide by 18 feet in length when aligned diagonally, unless the Plan Commission decides that the use
of the parking stalls does not warrant a need for this size.
__________
Amend who can approve more than one principal residence on a lot - Section 400-29B.
B. Only one principal residence building on a lot. Except as specifically otherwise provided herein for attached
single-family dwellings, apartments/condos, farms, or planned development projects, only one principal
residence building shall be permitted on a lot; provided, however, that the Zoning Board of Appeals Plan
Commission may grant an exception to permit more than one principal building on a lot where such grant
would not be contrary to the spirit or intent of this chapter or to the regulations applicable to the specific
district, and provided that a sufficient lot area is provided and the buildings so located as to permit individual
compliance, in the case of future division, with the lot size, density, building location, and open space
requirements of the district in which located.
__________
Addition of a requirement that clarifies that any restrictions, regulations, etc. noted on a recorded
Subdivision Plat, Condominium Plat or Certified Survey Map must be followed - 400-15E.
E. All restrictions, conditions, and regulation notes placed on a recorded Subdivision Plat, Condominium Plat or
Certified Survey Map must be followed.
__________
Addition of a restriction of non-shielded window lighting that is visible from the outside of the window -
Section 400-193G.
G. No lighting, whether located on the interior or exterior of a window, can be attached to the window or window
frame on a commercial or industrial property where the light source can be directly seen from the outside.
Also, these window lights cannot be flashing or moving.
__________
Edit the “SIGN, GROUND” definition to remove the incorrect note about the size of the landscape base
area - Section 400-216
Remove text from graphic
__________
Remove the graphic for “SIGN, POLE” since it is out of date and incorrect - Section 400-216
__________
Amend how the composition of the Plan Commission, specifically the Aldermanic member, is appointed
to match state statues - Section 400-17B.(1)(b)
(b) An Alderperson appointed by the Council.
__________
Amend how the Aldermanic member of the Plan Commission is appointed to match state statues -
Section 400-17B.(2)(a)
(a) Aldermanic member. The Aldermanic member of the Plan Commission shall be elected appointed annually at
the Common Council reorganization meeting by a two-thirds vote of the Common Council the Mayor and
confirmed by a majority vote of the Common Council.
__________
Amend how the Aldermanic member of the Plan Commission is filled in the case of a vacancy to match
state statues - Section 400-17B.(3)(a)
(a) Aldermanic member. The Alderperson member of the Plan Commission shall serve for one year, unless the
position becomes vacant, in which case the Common Council Mayor shall elect appoint a new representative
as outlined in Subsection B(2)(a) above.
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