Muskego City Zoning Code
ARTICLE II
Administration and Enforcement
§ 400-9 Zoning Administrator designated.
The Public Works and Development Director or designee is hereby designated as the administrative and enforcement officer for the provisions of this chapter. For such duties he may be provided with the assistance of such additional persons as he may designate.
A.
Term, appointment and duties. The Public Works and Development Director shall be appointed by the Mayor, subject to confirmation by the Common Council, for an indefinite term subject to removal. The Public Works and Development Director shall have the following powers and duties. The Public Works and Development Director or designee shall:
(1)
Be the administrator of the Public Works and Development Department and shall be responsible for the functions as outlined in the job description as approved by the Common Council and amended from time to time.
(2)
Prepare the annual budget for the Public Works and Development Department.
(3)
Advise applicants of the provisions of this chapter, assist them in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications.
(4)
Promulgate policies and procedures as necessary to administer and enforce this code.
(6)
Keep records of all official actions, such as all permits issued, inspections made, and work approved; maintain documentation of certified lowest floor and regional flood elevations for floodplain development; and maintain records of water surface profiles, floodplain zoning maps and ordinances, and nonconforming uses and structures, including changes, appeals, variances and amendments.
(7)
Investigate, prepare reports, and report violations of this chapter to the appropriate municipal zoning agency and the Municipal Attorney for prosecution.
(8)
In case of any finding of a violation of a provision of this code, notify, in writing, the actual violator, where known, and owner of the property on which the violation has taken place and the Common Council, indicating the nature of the violation and the action necessary to correct it. Following such notice, issue citations for violations of this code.
(9)
Carry out such additional responsibilities as are hereinafter set forth by the provisions of this chapter.
(10)
Perform such other duties as from time to time may be prescribed by the Mayor, Common Council, or Plan Commission, or their ad hoc committees.
B.
Authority. In the enforcement of this chapter, the Public Works and Development Director or designee shall have the power and authority for the following:
(1)
At any reasonable time and for any proper purpose, to enter upon any public or private premises as provided by law and make inspection thereof.
(2)
Upon reasonable cause or question as to proper compliance, to revoke as provided by law any zoning permit or occupancy permit and issue cease-and-desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the Public Works and Development Director or designee or the Zoning Board of Appeals, or take any other action as directed by the Common Council to ensure compliance with or to prevent violation of its provisions.[2]
(3)
In the name of the City and with authorization of the Common Council, to commence any legal proceedings necessary to enforce the provisions of this chapter, including the collection of forfeitures provided for herein.
C.
Enforcement procedures.
(1)
Nonemergency matters. In the case of violations of this chapter that do not constitute an emergency or require immediate attention, the Director or designee shall give notice of the nature of the violation to the property owner or to any applicant for any relevant permit in the manner hereafter stated, after which the persons receiving notice shall have from zero up to 30 days (strictly up to the Public Works and Development Director or designee) to correct the violation before further enforcement action shall be taken. Notice shall be given in person, by mail unless the document is returned, or by posting notice on the premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(2)
Emergency matters. In the case of violations of this chapter that constitute an emergency as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this chapter without prior notice, but the Director or designee shall attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner and to applicants for any relevant permits.
§ 400-10 Building permits required.
A.
Required. No structure six inches or more above the surface of the ground, nor any structure classified as a building, nor any swimming pool, shall be erected, structurally altered, or relocated within the City of Muskego until a building permit has been issued by the Building Inspector certifying that such building, as proposed, would be in compliance with the provisions of this chapter and with the Building Code of the City.
§ 400-11 Zoning permits and occupancy permits.
A.
Required. No vacant land shall be occupied or used, except for agricultural purposes, and no building shall be hereafter erected, structurally altered, relocated, used or occupied until a zoning permit and/or occupancy permit has been issued certifying that any such building, use, or occupancy complies with the provisions of this chapter. Like permits shall be obtained before any change is made in the type of use; before any legal nonconforming use is resumed, changed, extended, or granted conditional use status; and for any new fence, retaining wall, driveway (including gravel and impervious surface additions, patios, etc.), structures not requiring official building permits from the Building Inspection Division but still required to follow zoning requirements herein, and miscellaneous screening devices. (Determination of what screening device needs a permit is solely up to the Public Works and Development Department. Examples include carports, tents, etc.) Items such as fences, retaining walls, driveways, and miscellaneous screening devices must follow the basic location and architectural requirements set forth within the applicable Muskego ordinances.[1]
B.
Procedure.
(1)
Applications for a zoning permit shall be made to the Public Works and Development Director or designee prior to or at the same time as the application to the Building Inspector for a building permit and occupancy permit, or prior to the commencement of any use not involving a building permit.[2]
(2)
A zoning permit application shall be prepared and filed with the Public Works and Development Director or designee. An application for building and occupancy permits shall be prepared in duplicate and filed with the Building Inspector. Said applications to be filed with the Department shall be filled out completely and all required data must be submitted with the application.[3]
(3)
Within 48 hours after the notification of the completion of the erection, alteration or relocation of the building or of intent to commence a use, the Public Works and Development Director or designee and/or Building Inspector shall make an inspection of the premises and any building thereon, and if the building and the intended use thereof and the proposed use of the premises comply with the requirements of this chapter, an occupancy permit shall be issued.
(4)
Applications for a zoning permit for a fence, retaining wall, driveway (including gravel and impervious surface additions, patios, etc.), structures not requiring official building permits from the Building Inspection Division but still required to follow zoning requirements herein, and miscellaneous screening devices shall be made to the Public Works and Development Director or designee with the following submittal requirements:
(a)
The proposed should be clearly illustrated on a plat of survey for the property. All illustrations must be drawn to scale.
(b)
A description or picture of the proposed must accompany all submittals.
(c)
A narrative letter stating if the proposed is temporary or permanent (applicable to screening device zoning permits). Where temporary, the narrative must note when the structure will be removed. Note: A permanent screening device is subject to Plan Commission approval where the device does not meet the location and/or architectural requirements described herein.
C.
Expiration.
(1)
For all new single-family and two-family construction, zoning permits shall expire 24 months after issuance if the dwelling exterior has not been completed. Said permit shall also expire if within 24 months of the date of application no occupancy permit has been issued. Where such zoning permits have expired, the Public Works and Development Director or designee shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without proper authority. Upon showing of valid cause, the Public Works and Development Director or designee may grant an extension of such permit for a period not to exceed six months.[4]
(2)
For all existing buildings, and any alterations thereto, new commercial buildings, accessory buildings, and accessory structures, the zoning permit shall become void unless operations have commenced within four months from the date the permit is issued, or if the building or work authorized by such permit is suspended at any time after work is commenced for a period of more than 60 working days. Time periods referenced herein may be extended following the procedures established in § 164-7B(1) of the Municipal Building Code. Failure to comply with the agreed upon timetable may result in the revocation of the permit and the issuance of a citation for the offense.[5]
(3)
For all new fences, retaining walls, driveways (including gravel and impervious surface additions), and miscellaneous screening devices, zoning permits shall expire 24 months after issuance if the permitted item has not been completed.
§ 400-12 Zoning Map; interpretation of district boundaries; other maps.
A.
Districts mapped. The City of Muskego is hereby divided into zoning districts as shown upon a map designated as the Zoning Map of the City of Muskego and made part of this chapter, and all the notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by said map were all fully described herein.
B.
Zoning Map changes. The Zoning Map shall be kept current at all times.
C.
Replacement of Zoning Map. In the event that the Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Common Council may, by resolution, adopt a new Zoning Map, which shall supersede the prior Zoning Map. The new Zoning Map may correct drafting or other errors or omissions in the prior Zoning Map, but no such correction shall have the effect of amending the original Zoning Ordinance or any subsequent amendment thereof.
D.
Determination of zoning district boundaries. District boundaries shall be determined by measurement from and as shown on the Zoning Map, and in case of any question as to the interpretation of such boundary lines the Plan Commission shall interpret the map according to the reasonable intent of this chapter.
(1)
Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section, or sixteenth section lines; or the center lines of streets, highways, railways or alleys.
(2)
Shoreland-Wetland Zoning District.[1]
(a)
The Shoreland-Wetland Zoning District includes those implemented on the Official Zoning Map, which includes a majority of the wetlands in the municipality which are shown on the final Wetlands Inventory Map that has been adopted and made a part of this chapter and which are:
[1]
Within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages in the municipality shall be presumed to be navigable if they are shown on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter.
[2]
Within 300 feet of the ordinary high-water mark of navigable rivers or streams or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps or other zoning base maps which have been incorporated by reference and made a part of this chapter. Floodplain zoning maps as adopted by the City shall be used to determine the extent of floodplain areas.
(b)
When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the Official Zoning Map and actual field conditions at the time the map was adopted, the Zoning Administrator shall contact the appropriate district office of the Department of Natural Resources to determine if the Shoreland-Wetland District boundary, as mapped, is in error. If Department staff concur with the Zoning Administrator that a particular area was incorrectly mapped as a wetland, the Zoning Administrator shall have the authority to immediately grant or deny a zoning permit in accordance with the regulations applicable to the correct zoning district. In order to correct wetland mapping errors shown on the official shoreland-wetland zoning maps, the Zoning Administrator shall be responsible for initiating a map amendment within a reasonable period.[2]
F.
Identification of official ordinance and map. The text of the zoning regulations and the corresponding Zoning Map shall be kept on file in the offices of the City, and any other copies thereof shall be purely informational and shall not have the status of law.
§ 400-13 Appeals.
A.
Right to appeal. Any person aggrieved or any officer, department, board or bureau of the City affected by a decision of the Public Works and Development Director or designee or of the Plan Commission may appeal such decision to the Zoning Board of Appeals as hereinafter established, provided such appeal is taken within a reasonable time, as provided by the rules of said Zoning Board of Appeals, and provided such appeal falls within the classification as set forth under the powers of the appeal board.
B.
Appeals restricted. Unless a variance from the basic zoning regulations is sought (e.g., a request for a thirty-foot building setback where a fifty-foot setback is required by the regulations of the applicable zoning district), this section shall not apply to decisions of the Plan Commission relating to the following: building, site and operation plans; signs of a temporary or permanent nature; residential accessory structures; and conditional use requests. In a case where a variance from the basic zoning regulations is sought, the Plan Commission may file a recommendation with the Zoning Board of Appeals outlining its opinion and findings as they relate to the issue(s) being appealed.
D.
Administrative appeal. Any person aggrieved by any decision by the Common Council for the City of Muskego with regards to this chapter may request such review of such decision in accordance with the procedures as set forth in Chapter 6, Administrative Review, of the City Code and/or Ch. 68, Wis. Stats.
E.
Further appeal. Any person or persons aggrieved by any decision of the Zoning Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the municipality may appeal from a decision of the Zoning Board of Appeals within 30 days after the filing of the decision in the office of the Zoning Board of Appeals in the manner provided in § 62.23(7)(e)10, Wis. Stats.
§ 400-14 Public hearings.
A.
Notice. Notice of the proposed change and hearing thereon shall be given by publication in the official paper once a week for two consecutive weeks, the last of which shall be at least one week before the hearing, and in cases of petitions requesting changes in the zoning district classification of any property, granting of conditional uses, or approval of planned development districts, the Public Works and Development Director or designee shall mail notice of the public hearing to the owners of all lands within 300 feet of any part of the land included in such proposed change or conditional use at least 10 days before such public hearing. The failure of such notice to reach any property owner, provided such failure is not intentional, shall not invalidate any amending ordinance or grant of conditional use or planned development. Such mailed notice shall not be required where the Common Council determines that the change is of such comprehensive nature that such notice would involve excessive administrative effort and expense and is not necessary for reasonable notification of affected property owners. At least 10 days' prior written notice of changes in the district plan shall also be given to the clerk of any municipality whose boundaries are within 1,000 feet of the land to be affected by the proposed change. Failure to give such notice shall not invalidate any such change.
B.
Information. Such notices shall state the time and place of such public hearing and the purpose for which the hearing is held and shall include, in the case of map changes, a description of the area involved and, in the case of text changes, a description of the proposed change, in sufficient detail for general public identification. Reference shall also be made to the fact that detailed descriptions are available for public inspection at the Public Works and Development Department.
C.
Petitions not involving zoning change. Where such hearing is required by the provisions of this chapter as a result of a request for other than a zoning change or appearance before the Zoning Board of Appeals, such request shall be presented to the Public Works and Development Department in writing and shall be accompanied by a map or description clearly identifying the property involved and by a fee payable to the City, as from time to time established by resolution of the Common Council, to defray the cost of notification and holding of a public hearing.
D.
Informal hearings. Hearings not specifically required under the provisions of this chapter may be noticed as deemed appropriate by the body holding the hearing.
§ 400-15 Enforcement; violations and penalties.
A.
Enforcing officer. The Public Works and Development Director or his designee shall be the enforcing officer of this code.
B.
Penalties. Any person, firm, company, or corporation who or which violates, disobeys, omits, neglects or refuses to comply with or who or which resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture of not less than $10 and not to exceed the sum of $200 for each offense, together with the costs of the action, and in default of the payment thereof shall be imprisoned in the county jail of Waukesha County for a period not to exceed six months or until such forfeiture and the subsequent costs have been paid. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.
C.
Declared nuisances. Any building erected, structurally altered, or placed on a lot or any use carried on in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the City may apply to any court of competent jurisdiction to restrain or abate such nuisance.
D.
Enforcement by injunction. Compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the City or one or more owners of real estate situated within an area affected by the regulations of this chapter.
E.
All restrictions, conditions and regulation notes placed on a recorded subdivision plat, condominium plat or certified survey map must be followed.
[Added 3-18-2020 by Ord. No. 1442]
§ 400-16 Fees.
For the purpose of defraying the cost of inspection and administrative processing, the City may charge fees as established from time to time by resolution of the Common Council.