Muskego City Zoning Code
ARTICLE XX
Private Outdoor Recreational Facilities
§ 400-202 Classification of outdoor recreational facilities.
For the purpose of this chapter, outdoor recreational facilities such as beaches, swimming pools, tennis courts, riding paddocks, golf courses, athletic fields, etc., shall be classified as follows:
A.
Public.
B.
Private commercial.
C.
Private noncommercial group.
D.
Private residential.
§ 400-203 General standards.
A.
Such uses shall be permitted in those districts and subject to those regulations as are hereinafter designated in this article and in other sections of this chapter specifically applicable hereto.
B.
No such use shall be permitted in any case where it shall create a nuisance or a hazard or otherwise result in a substantial adverse effect on the surrounding property values or on the enjoyment of such property or be in any other way detrimental to the general public welfare. Every reasonable effort shall be made to prevent such effect through control of lighting, attractive design and maintenance of structures, use of planting screens or attractive fences, careful placement on the site, and sensible regulation of use.
C.
Adequate provision shall be made for off-street parking for public, private commercial, and private noncommercial group facilities consistent with the need generated by the facility. The Building Inspector shall submit the plans for such facilities to the Plan Commission for determination as to parking need.
D.
Where exterior lighting is provided for public facilities, private commercial facilities, and private noncommercial group facilities said installations shall be constructed in accordance with Article XVIII of this code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E.
Where exterior lighting is provided for private residential facilities, said installations shall be located and shielded so that no objectionable glare or excessive illumination is cast upon adjoining property.
§ 400-204 Public facilities.
A.
Where permitted by right as a principal or accessory use any active use area or structure shall conform to the appropriate setback, offset and height regulations of the district in which located.
B.
Where permitted as a conditional grant such facilities shall conform to the appropriate regulations as set out in Article XIV of this chapter.
§ 400-205 Private commercial facilities.
A.
Where permitted by right as a principal or accessory use any active use area or structure shall conform to the appropriate setback, offset, and height regulations of the district in which located; provided, however, that in no case shall any active use area or structure be closer than 100 feet to an adjoining property line of a property in a residence district.
B.
Where permitted as a conditional grant such facilities shall conform to the appropriate regulations as set out in Article XIV of this chapter.
C.
Commercial activities incident to but not directly involved in the primary outdoor recreational purpose, such as restaurants, taverns, and personal service facilities, shall be permitted only where they are also a permitted use in the district or where specifically authorized as part of the conditional grant.
§ 400-206 Private noncommercial facilities.
A.
Where permitted by right as a principal or accessory use any active use area or structure shall conform to the appropriate setback, offset, and height regulations of the district in which located; provided, however, that in no case shall any active use area or structure be closer than 100 feet to an adjoining property line of a property in a residence district.
B.
Where permitted as a conditional grant such facilities shall conform to the appropriate regulations as set out Article XIV of this chapter.
C.
Commercial activities incident to but not directly involved in the primary outdoor recreational purpose, such as restaurants, taverns, and personal service facilities, shall be permitted only where they are also a permitted use in the district or where specifically authorized as part of the conditional grant.
§ 400-207 Private residential facilities.
[Amended 2-4-2010 by Ord. No. 1311]
Where such facilities are permitted as a principal or accessory use by right, any active use area or structure shall be subject to the setback, offset, and height regulations of the district in which located, except as may be hereinafter specifically designated otherwise, the provisions of § 400-168 of this chapter notwithstanding.
§ 400-208 Swimming pools.
In addition to the foregoing and Chapter 318, Swimming Pools, of the City Code, swimming pools shall be subject to the following:
A.
Pumps and filter equipment shall in no case be closer than 20 feet to a property line and shall be adequately housed and muffled.
B.
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 should be no closer than 10 feet to any other side and/or rear property line not adjacent to a right-of-way. Surfaced terraces shall be permitted no closer than three feet to a lot line where accessory to a private residential pool. Sun decks shall be permitted no closer than five 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.
[Amended 4-18-2013 by Ord. No. 1371]
C.
Reasonable precautions shall be taken to ensure the safety of the pool area and to prevent it from becoming an attractive nuisance. Pools other than those classified as private residential shall be completely fenced so as to prevent the unregulated entrance of young children to the pool area.
D.
Permanent pools erected on top of the surface of the ground shall have the pool construction completely and adequately screened from the view of the abutting properties by means of combined fence and landscape screen approved by the Plan Commission.
E.
Pools other than those classified as private residential or private noncommercial group shall conform to the following:
(1)
Pool water shall meet state standards for pure drinking water.
(2)
Adequate provision shall be made for separate shower, lavatory, and dressing facilities for men and women, which facilities shall be well lighted, ventilated and properly equipped.
(3)
Pool construction shall be of concrete, steel or other material having an impervious smooth surface and approved by the Engineer.
(4)
Pool shape, design, depth, and slopes shall be such as to promote safe control of the bathers in the pool.
(5)
Inlets must be submerged and produce uniform circulation without "dead" spots.
(6)
Outlets must be of ample size and located at the pool low points.
(7)
Hose connections must be of ample size and located at the pool low points.
(8)
Overflow gutters must surround the pool and have a pitch adequate to carry off all overflow.
(9)
Adequate steps or ladder shall be provided to allow safe emergence from the pool and shall be made of impervious material, easily cleaned, and must not collect water or retain water.
(10)
A suction cleaner must be used to removed sludge, sediment and other accumulations.
(11)
Recirculation systems shall consist of pumping equipment, hair and lint catcher, filter, and all necessary fixtures and connections; must be capable of six-hour turnover of water; and must include disinfecting equipment.
(12)
All equipment must be accessible, satisfactorily located and the equipment room adequately drained.
(13)
Each pool shall have available a pH and residual determination.
(14)
If used at night the pool shall be adequately lit.
