Muskego City Zoning Code
ARTICLE VIII
Base Districts
§ 400-42 RCE Country Estate District.
A.
Statement of intent. This district is intended to preserve a rural setting of very low density and high quality for "estate" or "gentleman's farm" type development, while providing also for the continuance of commercial agriculture on properties of sufficient area to permit compatibility with surrounding residential development, in areas both intended and not intended to be served by municipal sewer or water facilities.
B.
C.
Permitted uses (see Article V).
(1)
Permitted uses by right.
(a)
Single-family detached dwellings.
(b)
Public parks and recreation areas, but not including facilities for organized athletics except as a permitted conditional use.
(c)
Crop, dairy, cattle, horse, goat/sheep and tree farming subject to the following:
[Amended 6-26-2018 by Ord. No. 1418; 3-18-2020 by Ord. No. 1442]
[1]
The keeping or raising of hogs or fur bearing animals shall not be permitted.
[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 40,000 square feet of land, nor more than 50 fowl per 40,000 square feet of land.
(d)
Horticulture, but not including commercial greenhouses in excess of 1,000 square feet.
(e)
Public utility transmission and distribution lines, poles and other accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission, and before beginning construction of a specific route shall file with the Plan Commission mapped description of the route of such transmission line.
(2)
Permitted accessory uses.
(a)
Private garages subject to the provisions of Article XV subject to the approval of the Zoning Administrator and upon payment of fees and receipt of permits as required by the Common Council and amended from time to time. No private garage in a residence district shall be used for operation of any metal working, woodworking, masonry, carpentry, contracting, or repair business except as a permitted accessory use or home occupation.
(b)
One private garden shed subject to the provisions of Article XV subject to the approval of the Zoning Administrator and upon payment of fees and receipt of permits as required by the Common Council and amended from time to time.
(c)
Other accessory structures subject to the provisions of Article XV and subject to approval of the Plan Commission and upon payment of fees and receipt of permits as required by the Common Council and amended from time to time. No accessory structure in a residential district shall be used for the carrying on of any metal working, woodworking, masonry, carpentry, contracting or repair business except as a permitted accessory use or home occupation.
(d)
The following signs subject to the general regulations governing signs:
[1]
A sign identifying the property or the name of the owner or occupant not in excess of six square feet.
[2]
A "No Hunting," "No Trespassing" or other similar sign and not in excess of six square feet in area.
[3]
Signs pertaining to the lease or sale of the property on which located or any building thereon, not in excess of 20 square feet in area per sign and not more than two signs on any single parcel.
(e)
Home occupations and professional offices, when incident to the principal residential use, situated in the same building, and carried on by the residential occupant, subject to the conditions in § 400-164 of this chapter. (Home occupations, when undetermined if they meet the restrictions in § 400-164, may be allowed by Plan Commission determination and approval as necessary. The Plan Commission may allow minor variations to the restrictions in § 400-164 by conditional use grant only. However, the home occupation must demonstrate that it does not negatively affect the residential area.)[2]
(f)
The keeping or raising of domestic livestock for show, breeding, or other use incidental to the principal use of the premises subject to the following:
[Amended 10-23-2014 by Ord. No. 1386]
[1]
The keeping or raising of hogs or fur bearing animals other than rabbits shall not be permitted.
[2]
The raising of chickens for personal use, on lots less than 120,000 square feet, shall be considered an accessory use in all single-family residential zoning districts and shall meet the following requirements below:
[a]
Up to a total of four chickens allowed per single-family property. No chickens are allowed on commercial, industrial, or multifamily properties.
[b]
No roosters.
[c]
No slaughtering on site.
[d]
Chickens shall be kept within a secure outdoor enclosure of no more than 50 square feet and said enclosure must be maintained in a clean and sanitary condition. Said enclosure must be cleaned on a regular basis to prevent offensive odors.
[e]
Enclosures shall be located no closer than 25 feet to neighboring dwellings and a minimum of 10 feet from the property line.
[f]
Chickens may not be kept in the front yard of a property. For the purpose of this subsection, "front yard" is defined as between a home and a roadway. Homes that are located on multiple roadways are considered to have multiple front yards.
[g]
Chickens may not be kept within 50 feet of the ordinary high-water mark (OHWM) of any navigable waterway.
[h]
The chickens cannot cause a nuisance or unhealthy condition or interfere with the normal use of property or enjoyment of life by humans or animals.
[i]
A zoning permit is required from the Public Works and Development Department before the allowance of chickens per this Subsection C(2)(f).
[j]
In the event a property owner/tenant does not first get a permit or if the property owner/tenant who has a valid permit does not follow the above requirements of this Subsection C(2)(f), permanent revocation of the allowance of chickens on the property under this subsection may take place.
[k]
By receiving an approved permit, an applicant agrees to allow the City on-site inspections, upon agreed-upon times, to review any complaints.
[3]
Not more than one head of livestock 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 of livestock and fowl allowed.
[Amended 3-18-2020 by Ord. No. 1442]
[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.
[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.
[Added 3-18-2020 by Ord. No. 1442]
[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.
(g)
Private residential outdoor recreation facilities.
(h)
Service buildings and facilities normally incident to the use of a public park or recreation area.
(i)
Any other structure or use normally accessory to the principal uses permitted.
(j)
All those uses as listed in § 267-3 of Chapter 267, Peddlers, Solicitors and Transient Merchants, of the City Code shall be permitted without Plan Commission approval unless traffic congestion is a concern or the residential integrity of the subject and adjacent properties is compromised. Agricultural produce sales shall be of a seasonal nature, grown by the seller, on agricultural zoned property or agriculturally used property including the principal residence.
(m)
Vehicular storage space for not more than one vehicle may be rented to persons not resident on the lot, such space being defined as not more than 300 square feet, except that a maximum of two rental spaces may be permitted where they are the only spaces provided on said lot.
(n)
For lakeshore properties, one boathouse in addition to the accessory uses permitted, and subject to the approval of the Public Works and Development Director, or designee, upon payment of fees and receipt of permits as required and amended from time to time, and subject to the following:
[1]
Location: minimum 20 feet from the ordinary high-water mark and subject to the side yard offset provisions of the underlying district effective with new construction or relocations after November 15, 2001.
[2]
Height: not greater than 15 feet above the lowest grade.
[3]
Area: no greater than 525 square feet.
(o)
Bed-and-breakfast. A bed-and-breakfast is an owner-managed and -occupied residential structure used as a lodging establishment where a room or rooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation. A bed-and-breakfast facility is allowed in some residential zoning districts provided a conditional use grant is first received from the City's Plan Commission. Bed-and-breakfast operation is subject to the following conditions and submittal requirements being met through the City's Plan Commission:
[Added 8-19-2010 by Ord. No. 1326]
[1]
A building, site and operation plan outlining all pertinent details must be submitted to the Plan Commission (narrative, building elevations, floor plans, site plan, lighting, landscaping, refuse, etc.).
[2]
The facility shall have any applicable state licenses/approvals required for lodging and/or food services and comply with and maintain all health, safety, building, and fire codes as may be required or applicable.
[3]
A maximum of five bed-and-breakfast units may be established within a structure.
[4]
The bed-and-breakfast establishment shall provide a minimum of one parking space per bed-and-breakfast sleeping room and a minimum of two parking spaces for the use of the operator and family of the operator; provided, however, that the City Plan Commission may determine it sufficient for fewer parking spaces in extenuating circumstances so long as it is not detrimental to the neighborhood. The parking must follow other parking requirements per this code and may require additional screening depending on the desired location and surrounding land uses. Parking shall not be detrimental to nearby properties due to excess noise, odor, glare or other factors.
[5]
Signage is limited per the sole direction of the Plan Commission.
[6]
The owner shall reside on site.
[7]
Breakfast shall be served on the premises only for guests and employees of the inn. Rooms may not be equipped with cooking facilities. No other meals shall be provided on the premises.
[8]
All bed-and-breakfast units shall be established within the principal or accessory structures on the property.
[9]
The principal structure shall have a minimum size of 1,500 gross square feet.
[10]
No liquor is to be sold or served on the premises unless the operator has first obtained a liquor license from the City.
[11]
All bed-and-breakfast facilities must maintain a guest logbook that must include the names and home addresses of guests, guest license plate numbers if traveling by automobile, dates of stay, and the room number of each guest. The log must be available for inspection by City public safety staff upon request.
[12]
No guest shall stay in the facility for more than 14 days within any thirty-day period.
(3)
Permitted uses by conditional grant.
(a)
Public and private commercial and private noncommercial group outdoor recreational facilities.
(b)
Public and private schools.
(c)
Churches and religious institutions.
(d)
Public administrative offices and service buildings.
(e)
Private lodges and clubs.
(f)
Commercial development of historic restorations.
(h)
Summer theaters and outdoor music amphitheaters.
(i)
Public utility offices and installations.
(j)
Existing duplexes.
(k)
Home occupation not meeting the above accessory requirement.
(l)
Separate quarters away from the main building for:
[1]
Household or farm employees, provided that such quarters shall be occupied only by individuals employed full time on the premises and their families.
[2]
Persons related to the residents of the principal structure, provided such structure shall not be rented or leased. Said quarters shall be a minimum of 1,200 square feet.
(m)
Guesthouses on lots of at least 120,000 square feet, provided such structure shall not be rented or leased. Such structure shall be a minimum of 1,200 square feet.
(n)
Rustic structures.
(q)
Waiver of a dimensional zoning regulation for a reasonable accommodation for a person with disabilities. See § 400-159G for details.
[Added 3-22-2012 by Ord. No. 1351]
(4)
Lakeshore property restrictions.
(a)
No lot in this district shall by deed, covenant, easement or other device or agreement hereafter provide for the permitted uses or access to or incidental uses thereto, or for right of access, by other than the owner or legally resident occupant of the premises and invited guests, except in the case of a public park or way, public utility easement, or patrons of a permitted commercial use or of a permitted organizational use.[8]
(b)
No building shall be permitted closer than 50 feet to the shoreline of a lakeshore lot, except that no offset shall be required for piers or similar use areas and a boathouse as permitted above.
§ 400-43 RC-1 Rural Country Estate District.
A.
Statement of intent. This district is intended to provide for high-quality detached single-family residential development of a semi-rural nature on a large lot, low density basis in areas both intended and not intended to be served by municipal sewer or water facilities.
§ 400-44 RC-2 Rural Country Estate District.
A.
Statement of intent. This district is intended to provide for moderately high-quality detached single-family residential development of a semi-rural nature but at slightly higher density and permitting smaller lots and smaller houses than the RC-1 District in areas both intended and not intended to be served by municipal sewer or water facilities.
§ 400-45 RC-3 Rural Country Estate District.
A.
Statement of intent. This district is intended to provide for medium-quality detached single-family residential development of a semi-rural nature, but at slightly higher density and permitting smaller lots and smaller houses than the RC-2 District in areas both intended and not intended to be served by municipal sewer or water facilities.
§ 400-46 RSE Suburban Estate District.
A.
Statement of intent. This district is intended to provide for low-density, high-quality detached single-family residential development of a suburban "estate" character in areas both intended and not intended to be served by municipal sewer facilities.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
§ 400-47 RS-1 Suburban Residence District.
A.
Statement of intent. This district is intended to provide for high-quality detached single-family residential development of a suburban character on a moderately large lot, moderately low density basis in areas intended to be served by municipal sewer facilities.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
§ 400-48 RS-2 Suburban Residence District.
A.
Statement of intent. This district is intended to provide for a moderately high-quality detached single-family residential development of a suburban character, but of slightly higher density and permitting smaller lots and smaller houses than the RS-1 District and intended to be served by municipal sewer facilities.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
§ 400-49 RS-3 Suburban Residence District.
A.
Statement of intent. This district is intended to provide for a medium-quality detached single-family residential development of a suburban character, but of slightly higher density and permitting smaller lots and smaller houses than the RS-2 District and intended to be served by municipal sewer facilities.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
§ 400-50 ERS-1 Existing Suburban Residence District.
A.
Statement of intent. This district is intended to provide for a detached single-family residential development of a suburban character. This district is newly created as a result of the Zoning Code modifications in 2006. Many parcels of this density and type existed when Muskego's Zoning Code was originally implemented. The density, widths, and building location measures listed below are to guide parcels currently zoned this district. The City will not rezone new areas to this zoning district.
B.
D.
Rezoning restrictions. The City will not rezone new areas to this zoning district as the district is in place for the conformity of existing parcels that were developed under the original City of Muskego Zoning Code.
§ 400-51 ERS-2 Existing Suburban Residence District.
A.
Statement of intent. This district is intended to provide for a detached single-family residential development of a suburban character. This district is newly created as a result of the Zoning Code modifications in 2006. Many parcels of this density and type existed when Muskego's Zoning Code was originally implemented. The density, widths, and building location measures listed below are to guide parcels currently zoned this district. The City will not rezone new areas to this zoning district.
B.
D.
Rezoning restrictions. The City will not rezone new areas to this zoning district as the district is in place for the conformity of existing parcels that were developed under the original City of Muskego Zoning Code.
§ 400-52 ERS-3 Existing Suburban Residence District.
A.
Statement of intent. This district is intended to provide for a detached single-family residential development of a suburban character. This district is newly created as a result of the Zoning Code modifications in 2006. Many parcels of this density and type existed when Muskego's Zoning Code was originally implemented. The density, widths, and building location measures listed below are to guide parcels currently zoned this district. The City will not rezone new areas to this zoning district.
B.
D.
Rezoning restrictions. The City will not rezone new areas to this zoning district as the district is in place for the conformity of existing parcels that were developed under the original City of Muskego Zoning Code.
§ 400-53 RL-1 Existing Lakeshore Residence District.
A.
Statement of intent.
(1)
This district is intended to apply to lakeshore properties with specialized regulations appropriate to their unique character, with particular recognition of the disproportionately high land value of lake frontage, the problems of over-intensive exploitation of such frontage resulting from excessive demand, the extreme vulnerability of lakeshore properties to nuisance and to adverse effect on property value, and the problems of pollution and public safety resulting from overuse.
(2)
This district is newly created as a result of the Zoning Code modifications in 2006. A few parcels of this density and type existed when Muskego's Zoning Code was originally implemented. The density, widths, and building location measures listed below are to guide parcels currently zoned this district. The City will not rezone new parcels to this zoning district or create new parcels of this size. All parcels proposing land divisions within this district must meet the minimum guidelines of the RS-1 Zoning District or a residential district with greater regulations.
B.
C.
Permitted uses (see Article V).
(2)
Permitted accessory uses.
(a)
Any accessory use permitted in the RCE District.
(b)
Any other use normally incident or accessory to the permitted uses subject to approval by the Plan Commission of building, site and operation plans.
(c)
One boathouse in addition to the accessory uses permitted by the underlying district, and subject to the approval of the Public Works and Development Director, or designee, upon payment of fees and receipt of permits as required and amended from time to time, and subject to the following:
[1]
Location: minimum 20 feet from the ordinary high-water mark and subject to the side yard offset provisions of the underlying district effective with new construction or relocations after November 15, 2001.
[2]
Height: not greater than 15 feet above the lowest grade.
[3]
Area: no greater than 525 square feet.
(3)
(4)
Single use. No lot in this district shall by deed, covenant, easement or other device or agreement hereafter provide for the permitted uses or access to or incidental uses thereto, or for right of access, by other than the owner or legally resident occupant of the premises and invited guests, except in the case of a public park or way, public utility easement, or patrons of a permitted commercial use or of a permitted organizational use.[5]
(5)
Lakeshore offset. No building shall be permitted closer than 50 feet to the shoreline of a lakeshore lot, except that no offset shall be required for piers or similar use areas and a boathouse as permitted above.
(6)
Rezoning and land division restrictions. The City will not rezone new areas to this zoning district as the district is in place for the conformity of existing parcels that were developed under the original City of Muskego Zoning Code. All parcels proposing land divisions within this district must meet the minimum guidelines of the RS-1 Zoning District or a residential district with greater regulations.
§ 400-54 RL-2 Existing Lakeshore Residence District.
A.
Statement of intent.
(1)
This district is intended to apply to lakeshore properties with specialized regulations appropriate to their unique character, with particular recognition of the disproportionately high land value of lake frontage, the problems of over-intensive exploitation of such frontage resulting from excessive demand, the extreme vulnerability of lakeshore properties to nuisance and to adverse effect on property value, and the problems of pollution and public safety resulting from overuse.
(2)
This district is newly created as a result of the Zoning Code modifications in 2006. Many parcels of this density and type existed when Muskego's Zoning Code was originally implemented. The density, widths, and building location measures listed below are to guide parcels currently zoned this district. The City will not rezone new parcels to this zoning district or create new parcels of this size. All parcels proposing land divisions within this district must meet the minimum guidelines of the RS-2 Zoning District or a residential district with greater regulations.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
C.
Permitted uses (see Article V).
(2)
Permitted accessory uses.
(a)
Any accessory use permitted in the RCE District.
(b)
Any other use normally incident or accessory to the permitted uses subject to approval by the Plan Commission of building, site and operation plans.
(c)
One boathouse in addition to the accessory uses permitted by the underlying district and subject to the approval of the Public Works and Development Director, or designee, upon payment of fees and receipt of permits as required and amended from time to time, and subject to the following:
[1]
Location: minimum 20 feet from the ordinary high-water mark and subject to the side yard offset provisions of the underlying district effective with new construction or relocations after November 15, 2001.
[2]
Height: not greater than 15 feet above the lowest grade.
[3]
Area: no greater than 525 square feet.
(3)
(4)
Single use. No lot in this district shall by deed, covenant, easement or other device or agreement hereafter provide for the permitted uses or access to or incidental uses thereto, or for right of access, by other than the owner or legally resident occupant of the premises and invited guests, except in the case of a public park or way, public utility easement, or patrons of a permitted commercial use or of a permitted organizational use.[4]
(5)
Lakeshore offset. No building shall be permitted closer than 50 feet to the shoreline of a lakeshore lot, except that no offset shall be required for piers or similar use areas and a boathouse as permitted above.
(6)
Rezoning and land division restrictions. The City will not rezone new areas to this zoning district as the district is in place for the conformity of existing parcels that were developed under the original City of Muskego Zoning Code. All parcels proposing land divisions within this district must meet the minimum guidelines of the RS-2 Zoning District or a residential district with greater regulations.
§ 400-55 RL-3 Existing Lakeshore Residence District.
A.
Statement of intent.
(1)
This district is intended to apply to lakeshore properties with specialized regulations appropriate to their unique character, with particular recognition of the disproportionately high land value of lake frontage, the problems of over-intensive exploitation of such frontage resulting from excessive demand, the extreme vulnerability of lakeshore properties to nuisance and to adverse effect on property value, and the problems of pollution and public safety resulting from overuse.
(2)
This district is newly created as a result of the Zoning Code modifications in 2006. Many parcels of this density and type existed when Muskego's Zoning Code was originally implemented. The density, widths, and building location measures listed below are to guide parcels currently zoned this district. The City will not rezone new parcels to this zoning district or create new parcels of this size. All parcels proposing land divisions within this district must meet the minimum guidelines of the RS-3 Zoning District or a residential district with greater regulations.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
C.
Permitted uses (see Article V).
(2)
Permitted accessory uses.
(a)
Any accessory use permitted in the RCE District.
(b)
Any other use normally incident or accessory to the permitted uses subject to approval by the Plan Commission of building, site and operation plans.
(c)
One boathouse in addition to the accessory uses permitted by the underlying district and subject to the approval of the Public Works and Development Director, or designee, upon payment of fees and receipt of permits as required and amended from time to time, and subject to the following:
[1]
Location: minimum 20 feet from the ordinary high-water mark and subject to the side yard offset provisions of the underlying district effective with new construction or relocations after November 15, 2001.
[2]
Height: not greater than 15 feet above the lowest grade.
[3]
Area: no greater than 525 square feet.
(3)
(4)
Single use. No lot in this district shall by deed, covenant, easement or other device or agreement hereafter provide for the permitted uses or access to or incidental uses thereto, or for right of access, by other than the owner or legally resident occupant of the premises and invited guests, except in the case of a public park or way, public utility easement, or patrons of a permitted commercial use or of a permitted organizational use.[4]
(5)
Lakeshore offset. No building shall be permitted closer than 50 feet to the shoreline of a lakeshore lot, except that no offset shall be required for piers or similar use areas and a boathouse as permitted above.
(6)
Rezoning and land division restrictions. The City will not rezone new areas to this zoning district as the district is in place for the conformity of existing parcels that were developed under the original City of Muskego Zoning Code. All parcels proposing land divisions within this district must meet the minimum guidelines of the RS-3 Zoning District or a residential district with greater regulations.
§ 400-56 BL-1 Lakeshore Commercial District.
A.
Statement of intent. This district is intended to provide for the limited and controlled development of commercial recreational facilities related and appropriate to water bodies. The district also is intended to apply to lakeshore properties with specialized regulations appropriate to their unique character, with particular recognition of the disproportionately high land value of lake frontage, the problems of over-intensive exploitation of such frontage resulting from excessive demand, the extreme vulnerability of lakeshore properties to nuisance and to adverse effect on property value, and the problems of pollution and public safety resulting from overuse.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
C.
Permitted uses (see Article V).
(2)
Permitted accessory uses.
(a)
Any accessory use permitted in the RCE District and RL Districts.
(b)
Concession stands not serving alcoholic beverages, bathhouses, boathouses, outdoor recreational facilities not involving mechanical equipment and similar facilities normally accessory to the permitted overlay use, subject to approval by the Plan Commission of the building, site and operation plans.
(c)
Freestanding, projecting and flat wall signs as permitted in the B-1 District.
(3)
Permitted uses by conditional grant.
(a)
Any conditional use permitted in the RCE District and RL Districts.
(b)
Restaurants, supper clubs, taverns, dance pavilions, amusement rides, waterskiing facilities, power boat rentals or sightseeing cruises, and similar facilities related to but not as usual as the permitted accessory uses in Subsection C(2) above.
(c)
Residential as part of the commercial use.
§ 400-57 BL-2 Lakeshore Commercial District.
A.
Statement of intent. This district is intended to provide for the limited and controlled development of commercial recreational facilities related and appropriate to water bodies. The district also is intended to apply to lakeshore properties with specialized regulations appropriate to their unique character, with particular recognition of the disproportionately high land value of lake frontage, the problems of over-intensive exploitation of such frontage resulting from excessive demand, the extreme vulnerability of lakeshore properties to nuisance and to adverse effect on property value, and the problems of pollution and public safety resulting from overuse.
B.
Basic regulations. (See Article V for general enabling and qualifying language.)
C.
Permitted uses (see Article V).
(2)
Permitted accessory uses.
(a)
Any accessory use permitted in the RCE District and RL Districts.
(b)
Concession stands not serving alcoholic beverages, bathhouses, boathouses, outdoor recreational facilities not involving mechanical equipment and similar facilities normally accessory to the permitted overlay use, subject to approval by the Plan Commission of the building, site and operation plans.
(c)
Freestanding, projecting and flat wall signs as permitted in the B-1 District.
(3)
Permitted uses by conditional grant.
(a)
Any conditional use permitted in the RCE District and RL Districts.
(b)
Restaurants, supper clubs, taverns, dance pavilions, amusement rides, waterskiing facilities, power boat rentals or sightseeing cruises, and similar facilities related to but not as usual as the permitted accessory uses in Subsection C(2) above.
(c)
Residential as part of the commercial use.
§ 400-58 RM-1 Multiple-Family Residence District.
A.
Statement of intent. This district is intended to provide for residential development of "walk-up" type buildings housing two or more families, where all dwelling units do not have ground level occupancy or private entrance, at relatively low density. This district shall be found where such development would be compatible with surrounding uses, the density would not create service problems, and in areas intended or not intended to be served by municipal sewer.
B.
C.
Permitted uses (see Article V).
(1)
Permitted uses by right.
(a)
Multiple-family dwellings of two or more units, but not more than 16 dwellings units per structure, subject to approval of building, site and operation plans by the Plan Commission.
(b)
Public parks and recreation areas but not including facilities for organized athletics except as a permitted conditional use.
(c)
Public utility transmission and distribution lines, poles, and other accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission, and before beginning construction of a specific route shall file with the Plan Commission mapped description of the route of such transmission lines.
(2)
Permitted accessory uses.
(a)
Private garages, carports, and paved parking areas when located on the same lot and not involving the conduct of business, except as conditional uses, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
(b)
The following signs subject to the general regulations governing signs:
[1]
A sign identifying the property not in excess of six square feet in area.
[2]
A nameplate, not in excess of one square foot, identifying the occupant of a dwelling unit.
[3]
Signs pertaining to the lease or sale of the property on which located or any building thereon, not in excess of 20 square feet in area per sign and not more than two signs on any single parcel.
(c)
Private residential and private noncommercial group outdoor recreational facilities.
(d)
Service buildings and facilities normally incident to the use of a public park or recreation area.
(e)
Any other structure or use normally accessory to the principal uses permitted.
§ 400-59 RM-2 Multiple-Family Residence District.
A.
Statement of intent. This district is intended to provide for multifamily residential development of single-family homes of the attached "row" type in groupings compatible with the character of surrounding uses and/or duplexes which are attractively designed and arranged on the site with appropriate development of the common grounds in terms of amenities and landscaping, and in areas intended or not intended to be served by municipal sewer.
B.
C.
Permitted uses (see Article V).
(1)
Permitted uses by right.
(a)
Single-family attached dwellings, in row buildings of at least two but not more than eight dwelling units per structure and/or duplexes, subject to approval of building, site and operation plans by the Plan Commission.
(b)
Public parks and recreation areas but not including facilities for organized athletics except as a permitted conditional use.
(c)
Public utility transmission and distribution lines, poles, and other accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission, and before beginning construction of a specific route shall file with the Plan Commission mapped description of the route of such transmission lines.
(2)
Permitted accessory uses.
(a)
Private garages, carports, and paved parking areas when located on the same lot and not involving the conduct of business, except as conditional uses, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
(b)
The following signs subject to the general regulations governing signs:
[1]
A sign identifying the property not in excess of six square feet in area.
[2]
A nameplate, not in excess of one square foot, identifying the occupant of a dwelling unit.
[3]
Signs pertaining to the lease or sale of the property on which located or any building thereon, not in excess of 20 square feet in area per sign and not more than two signs on any single parcel.
(c)
Private residential and private noncommercial group outdoor recreational facilities.
(d)
Service buildings and facilities normally incident to the use of a public park or recreation area.
(e)
Any other structure or use normally accessory to the principal uses permitted.
§ 400-60 RM-3 Multiple-Family Residence District.
A.
Statement of intent. This district is intended to provide for two-family residential development of duplexes which are attractively designed and arranged on the site with appropriate development of the common grounds in terms of amenities and landscaping, in areas intended or not intended to be served by municipal sewer.
B.
C.
Permitted uses (see Article V).
(1)
Permitted uses by right.
(a)
Single-family attached dwellings, in row buildings of not more than two dwelling units per structure and/or duplexes, subject to approval of building, site and operation plans by the Plan Commission.
(b)
Public parks and recreation areas but not including facilities for organized athletics except as a permitted conditional use.
(c)
Public utility transmission and distribution lines, poles, and other accessories, provided that when a utility proposes a main intercity transmission facility, it shall give notice to the Plan Commission of such intention and of the date of hearing before the Public Service Commission, and before beginning construction of a specific route shall file with the Plan Commission mapped description of the route of such transmission lines.
(2)
Permitted accessory uses.
(a)
Private garages, carports, and paved parking areas when located on the same lot and not involving the conduct of business, except as conditional uses, provided that no such garage shall be erected prior to the erection of the principal building to which it is accessory.
(b)
The following signs subject to the general regulations governing signs:
[1]
A sign identifying the property not in excess of six square feet in area.
[2]
A nameplate, not in excess of one square foot, identifying the occupant of a dwelling unit.
[3]
Signs pertaining to the lease or sale of the property on which located or any building thereon, not in excess of 20 square feet in area per sign and not more than two signs on any single parcel.
(c)
Private residential and private noncommercial group outdoor recreational facilities.
(d)
Service buildings and facilities normally incident to the use of a public park or recreation area.
(e)
Any other structure or use normally accessory to the principal uses permitted.
§ 400-61 ERM-1 Existing Multiple-Family Residence District.
A.
Statement of intent.
(1)
This district is intended to provide for two-family residential development of single-family homes of the attached "row" type in groupings compatible with the character of surrounding uses and/or duplexes which are attractively designed and arranged on the site with appropriate development of the common grounds in terms of amenities and landscaping, and in areas intended or not intended to be served by municipal sewer.
(2)
This district is newly created as a result of the Zoning Code modifications in 2006. A few residential parcels existed within the City's old OD Duplex Overlay District and the City has now combined those parcels into the ERM-1 Zoning District. It is the City's intention to allow the continuation of existing duplex/multifamily uses via the ERM-1 District, although it is not the intention of the City to rezone areas to the ERM-1 District. Any proposed rezonings allowing multifamily uses should follow the RM Zoning Districts, and the City shall review those proposed rezonings as to how they will affect the surrounding character of the neighborhood.
B.
C.
Permitted uses (see Article V).
(3)
Permitted uses by conditional grant. Any conditional use permitted in the RCE District.
(4)
Lakeshore setbacks/offsets. In the special circumstance where the ERM-1 District exists abutting a lake body, the same regulations apply as above, with the following modifications:
(a)
The minimum lot size shall be 26,666 square feet with a minimum width of 146.6 feet.
(b)
The minimum setback is 25 feet.
(c)
The minimum offsets are 10 feet on one side and 13.3 feet on all other sides (modified if width of lot is less than 146.6 feet).
(d)
No building shall be permitted closer than 50 feet to the shoreline of a lakeshore lot, except that no offset shall be required for piers or similar use areas and a boathouse as permitted below.
(e)
One boathouse in addition to the accessory uses permitted by the underlying district and subject to the approval of the Public Works and Development Director, or designee, upon payment of fees and receipt of permits as required and amended from time to time, and subject to a location of a minimum of 20 feet from the ordinary high-water mark and subject to the side yard offset provisions, with a height not greater than 15 feet above the lowest grade and an area no greater than 525 square feet.
(f)
No lot abutting a lakeshore in this district shall by deed, covenant, easement or other device or agreement hereafter provide for the permitted uses or access to or incidental uses thereto, or for right of access, by other than the owner or legally resident occupant of the premises and invited guests, except in the case of a public park or way, public utility easement, or patrons of a permitted commercial use or of a permitted organizational use.[2]
§ 400-62 B-1 Neighborhood Business District.
A.
Statement of intent. This district is intended to provide for individual or small groups of retail and customer service establishments serving primarily the convenience of a local neighborhood and the character, appearance and operation of which are compatible with the character of the surrounding area.
B.
C.
Permitted uses (see Article V).
(1)
Permitted uses by right.
(a)
Any uses as permitted by right in the RCE District, with the exception of single-family detached dwellings.
(b)
The following subject to approval by the Plan Commission of building, site and operation plans:
[1]
Retail stores and shops offering convenience goods and personal services and not exceeding 1,500 square feet of primary floor area.
[2]
Business, professional or public service office not exceeding 1,000 square feet of primary floor area.
[3]
Customer service establishments such as restaurants, shoe repair, barbershops and beauty shops, studios and similar uses not exceeding 1,000 square feet of primary floor area.
(2)
Permitted accessory uses. The following subject to approval by the Plan Commission of building, site and operation plans:
(a)
Garages for storage of vehicles used in conjunction with the operation of the business.
(b)
Off-street parking and loading areas.
(c)
Freestanding and projecting signs, subject to the following:
[1]
Offsets. No sign shall be closer than three feet to any other property line.
[2]
Setback. No sign shall be permitted in the road right-of-way or in the base setback area.
[3]
Size. A ten-square-foot sign may be permitted at the base setback line on a lot that has 50 feet of frontage and may be increased by one square foot for every 10 feet of additional lot frontage, up to a maximum lot width of 300 feet, and may also be increased one square foot for every two feet additional setback from the base setback line up to a maximum forty-foot setback, but in no case shall the area to be used for calculation be more than 300 feet lot width with a forty-foot setback. On corner lots, width of the lot shall be determined by using the width of the frontage where the sign is to be located.
[4]
Height. Maximum of 20 feet in height from the ground to the top.
[5]
Only one freestanding sign per site.
(e)
Any other structure or use normally accessory to the principal uses permitted.
(3)
Permitted uses by conditional grant.
(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.
[Amended 3-18-2020 by Ord. No. 1442]
(b)
Any use permitted by right in the B-2 District.
(c)
Gasoline service stations.
(d)
Residential quarters located in the same building as the business.
(e)
Agricultural uses.
§ 400-63 B-2 Local Service Center District.
A.
Statement of intent. This district is intended to provide for the orderly and attractive grouping at appropriate locations of retail stores, shops, offices and service establishments serving the daily needs of the surrounding local community area. The size and location of such districts shall be based upon evidence of justifiable community need, of adequate customer potential, of satisfactory relationship to the circulation system and other related facilities, and of potential contribution to the economic welfare of the community. No such district should be less than 100,000 square feet in area.
B.
C.
Permitted uses (see Article V).
(1)
Permitted uses by right.
(a)
Any uses as permitted by right in the B-1 District.
(b)
The following subject to approval by the Plan Commission of building, site and operation plans:
(2)
Permitted accessory uses.
(a)
Any accessory use as permitted in the B-1 District.
(b)
The following subject to approval by the Plan Commission of building, site and operation plans:
[1]
Freestanding and projecting signs, subject to the following:
[a]
Offsets. No sign shall be closer than three feet to any other property line.
[b]
Setback. No sign shall be permitted in the road right-of-way or in the base setback area.
[c]
Size. A thirty-square-foot sign may be permitted at the base setback line on a lot that has 50 feet of frontage and may be increased by one square foot for every 10 feet of additional lot frontage, up to a maximum lot width of 300 feet, and may also be increased one square foot for every two feet additional setback from the base setback line up to a maximum forty-foot setback, but in no case shall the area to be used for calculation be more than 300 feet lot width with a forty-foot setback. On corner lots, width of the lot shall be determined by using the width of the frontage where the sign is to be located.
[d]
Height. Maximum of 20 feet in height from the ground to the top.
[e]
Only one freestanding sign per site.
(3)
Permitted uses by conditional grant.
(a)
Any conditional use permitted in the B-1 District.
(b)
Any use permitted by right in the B-3 District.
(c)
Animal hospitals.
(d)
Appliance and small machinery repair establishments.
(e)
Private commercial outdoor recreational facilities on sites of not less than 120,000 square feet.
(f)
Mini warehouses.
(g)
Agricultural uses.
§ 400-64 B-3 General Business District.
A.
Statement of intent. This district is intended to provide for the orderly and attractive grouping at appropriate locations of commercial activities of a more general retail and wholesale nature, and of the office and service facilities serving a larger community trade area. The size and location of such districts shall be based upon relationship of the community need and economy. No such district should be less than 300,000 square feet in area.
B.
C.
Permitted uses (see Article V).
(3)
Permitted uses by conditional grant.
(a)
Any conditional use permitted in the B-2 District.
(b)
Lumber and building supply yards.
(c)
Experimental, testing and research laboratories.
(d)
General warehousing.
(e)
Service and sales establishments for automobiles, including body repair shops and used car lots but not including the storage of junked or wrecked automobiles and parts.
(f)
Printing and publishing houses and related activities.
(g)
Agricultural uses.
§ 400-65 B-4 Highway Business District.
A.
Statement of intent. This district is intended to provide for the orderly and attractive grouping at appropriate locations along principal highway routes of those businesses and customer services which are logically related to and dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.
B.
C.
Permitted uses (See Article V).
(1)
(3)
Permitted uses by conditional grant.
(a)
Service and sales establishments for automobiles, including body repair shops and used car lots, but not including the storage of junked or wrecked automobiles and parts.
(b)
Public and private commercial and private noncommercial group outdoor recreational facilities.
(c)
Outdoor theaters, summer theaters and outdoor music amphitheaters.
(d)
Any conditional use permitted in the B-3 District.
(e)
Agricultural uses.
§ 400-66 BP-1 Business Park and Office Park Support District.
A.
Statement of intent. This district is intended to provide space for mixed retail, office and commercial uses which are customarily found adjacent to high-quality office park and business park developments. This district encompasses high-visibility lands typical of office park entryways and community gateways.
C.
Permitted uses.
(1)
Permitted uses by right. The following uses subject to approval by the Plan Commission of a building, site and operation plan:
(a)
Administrative and public service offices.
(b)
Single- or multiple-tenant professional offices of an architect, landscape architect, lawyer, doctor, dentist, professional engineer, or other similar recognized profession.
(c)
Medical clinics and hospitals.
(d)
Finance, insurance, and real estate offices.
(e)
Public utility offices and installations.
(f)
Hotels.
(g)
Banquet and meeting facilities.
(h)
Restaurants without drive-through facilities and without in-vehicle dining accommodations.
(3)
Permitted uses by conditional grant.
(a)
Specialized retail or customer service establishments which are in excess of 20,000 square feet of floor area.
(b)
Service and sales establishments for automobiles, including body repair shops and used car lots, but not including the storage of junked or wrecked automobiles and parts.
(c)
Day-care facilities.
(d)
Research laboratories.
(e)
Indoor health and fitness facilities.
(f)
Rustic structures.
(g)
Agricultural uses.
§ 400-67 BP-2 Office Park District.
A.
Statement of intent. This district is intended to provide space where high-quality office and professional uses are arranged in campus-like settings in an attractive and orderly grouping. This district is further intended to prohibit uses which are high impact with regards to noise, visible emissions, odors, and vibration which are typical of intensive industrial developments.
C.
Permitted uses.
(1)
Permitted uses by right. The following uses subject to approval by the Plan Commission of a building, site and operation plan:
(a)
Administrative and public service offices.
(b)
Single- or multiple-tenant professional offices of an architect, landscape architect, lawyer, doctor, dentist, professional engineer, or other similar recognized profession.
(c)
Finance, insurance, and real estate offices.
(d)
Public utility offices and installations.
(e)
Hotels.
(f)
Banquet and meeting facilities.
(g)
Any uses permitted by right in the BP-1 District.
§ 400-68 BP-3 Business Park District.
A.
Statement of intent. This district is intended to provide space where high-quality office and professional uses are commingled with light manufacturing uses and arranged in campus-like settings in an attractive and orderly grouping. This district is further intended to restrict uses which are high impact with regards to noise, visible emissions, odors, and vibration which are typical of intensive industrial developments by implementation of performance standards.
C.
Permitted uses.
(1)
Permitted uses by right. The following uses subject to approval by the Plan Commission of a building, site and operation plan:
(a)
Administrative and public service offices.
(b)
Single- or multiple-tenant professional offices of an architect, landscape architect, lawyer, doctor, dentist, professional engineer, or other similar recognized profession.
(c)
Finance, insurance, and real estate offices.
(d)
Public utility offices and installations.
(e)
Hotels.
(f)
Banquet and meeting facilities.
(g)
Single- or multiple-tenant non-smokestack facilities for light manufacturing, assembly, or fabrication, including indoor storage and warehousing of related materials and warehouse facilities less than 50,000 square feet, and excluding activities such as heavy machining and stamping; foundries; smelting; drop forging; mini warehousing; hazardous and medical waste disposal where such activity is a primary function of the facility; truck and transportation terminals; motor vehicle assembly; petroleum products refining; raw materials processing; and plating. Manufacturing and assembly activities and facilities which, upon review by the Plan Commission of detailed building, site and operation plans, may meet the intent of this district are millwork; machine tools; paper containers; patterns; die casting; light metal fabrication; appliances; printing; lithographing; blueprinting; photocopying; food and milk processing; soft drink bottling; dry cleaning and dyeing; precision instruments; radio, television and electronics assembly no closer than 500 feet to any residential district; mail order houses; sporting goods; apparel; plastic products; shoes; or other similar activities and facilities.
(2)
Permitted accessory uses. The following uses subject to approval by the Plan Commission of a building, site and operation plan:
(3)
Permitted uses by conditional grant. The following uses may be permitted by way of conditional use grant as approved by the Plan Commission:
(a)
Day-care facilities.
(b)
Research laboratories.
(c)
Indoor health and fitness facilities.
(d)
Warehousing and distribution facilities 50,000 square feet or greater in size, excluding mini warehousing.
(e)
Industrial supply sales.
(f)
Wholesalers.
(g)
Factory direct or seconds stores as an accessory use to the primary manufacturing and/or assembly operation.
(h)
Technical schools and training centers.
(i)
Rustic structures.
(j)
Agricultural uses.
(4)
Performance standards.
(a)
Vibration. No operation or activity of or related to the facility in question shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. "Vibration perception threshold" means the minimum ground or structure vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(b)
Lighting. All outdoor lighting must be designed so as not to produce any intense glare or lighting with the source directly visible beyond the boundary of the subject facility. High-pressure sodium vapor, downcast, cutoff fixtures are required. No light source(s) or object(s) of illumination shall be in excess of 12 footcandles or create a glare, reflection or radiance so as to be determined a nuisance per Chapter 248, Nuisances, of the City Code, nor shall it be detectable at or beyond a five-foot-high vertical plane along the property line of the source at a value greater than 0.5 footcandle.
(c)
Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Chs. NR 400 to 499, Wis. Adm. Code.
(d)
Particulate emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 415, Wis. Adm. Code.
(e)
Visible emissions. No operation shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 431, Wis. Adm. Code.
(f)
Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Ch. NR 445, Wis. Adm. Code.
(g)
Noise. No continuous or intermittent noise from operations-based, nontransient noise shall be detectable at or beyond the property line of the source to a level greater than 65 dBA between the hours of 7:00 a.m. and 6:00 p.m., and to a level greater than 55 dBA between the hours of 6:01 p.m. and 6:59 a.m.
(h)
Chemicals. The storage or use of chemicals, either solid, liquid or gas, shall be in compliance with all federal, state and local regulations and subject to the following conditions:
[1]
The storage, utilization or manufacturing of materials or products ranging from incombustible to moderate burning is permitted.
[2]
The storage, utilization or manufacturing of materials or products ranging from free to active burning is permitted provided that said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire-extinguishing system.
[3]
The manufacturing of flammable materials which produce explosive vapors or gases is prohibited.
§ 400-69 M-1 Light Industrial District.
A.
Statement of intent. This district is intended to provide for the orderly and attractive grouping in appropriately landscaped grounds of any manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factor, and to establish such regulatory controls as will reasonably ensure compatibility with the surrounding area in this respect.
B.
C.
Permitted uses.
(1)
Permitted uses by right.
(a)
Any uses as permitted by right in the B-3 District.
(b)
Noncommercial horticulture.
(c)
Agriculture and related activities.
(d)
Commercial horticulture.
(e)
Public utility transmission and distribution lines, poles and other accessories.
(f)
The following subject to approval by the Plan Commission of the specific use and of the building, site and operation plans:
[1]
Manufacture, assembly, fabrication and processing plants and similar type industrial operations, but not including any of the following:
[a]
Manufacture of cement, lime, gypsum, plaster of paris, acid, explosives, fertilizers or glue.
[b]
Rendering plants, refineries, tanneries, or incinerators.
[c]
Stockyards or slaughterhouses.
[d]
Junkyards or salvage yards.
[e]
Drop forges or foundries.
[f]
Storage of explosives except as incidental to a permitted use, and storage of gasoline or petroleum in excess of 50,000 gallons.
[2]
Transportation terminals, including trucking.
[3]
General warehousing.
[4]
Experimental, testing, and research laboratories.
[5]
Lumber and building supply yards.
[6]
Printing and publishing houses and related activities.
[7]
Public utility offices and installations.
(2)
Permitted accessory uses.
(a)
Any accessory use as permitted in the B-3 District.
(b)
The following subject to approval by the Plan Commission of building, site and operation plans:
[1]
Office, storage, power supply and other such uses normally auxiliary to the principal industrial use.
[2]
Garages for storage of vehicles used in conjunction with the operation of the business.
[3]
Off-street parking, service and loading facilities.
[4]
Signs.
[5]
Residential quarters for guards or caretakers.
[6]
Any other structure or use normally accessory to the principal uses permitted.
(3)
Permitted uses by conditional grant.
(a)
Any conditional use permitted in the B-3 District.
(b)
Automobile body repair shops, but not including the storage of junked or wrecked automobiles and parts.
(c)
Animal hospitals, kennels, and laboratories using animal products.
(d)
Adult-oriented establishments as defined in this chapter.
(e)
Agricultural uses.
(4)
Adequate public facilities required. No building, site and operation plan, preliminary plat, final plat, certified survey map, or conditional use grant shall be approved in the M-1 District unless on the date of such approval there exists a valid and current certificate of adequate public facilities granted and applicable to the project for which approval is sought.
§ 400-70 M-2 General Industrial District.
A.
Statement of intent. This district is intended to provide for the same type of manufacturing and industrial development as in the M-1 District, but in those areas where the relationship to surrounding land use would create fewer problems of compatibility and would not necessitate as stringent regulatory controls. Such districts should not normally abut directly upon residence districts.
B.
Basic regulations.
(2)
Density. Residential lot area per dwelling unit; lot area per dwelling unit: n/a.
(3)
Building location.[1]
(c)
Muskego Business/Industrial Park.
[1]
Per the rules and regulations for the Muskego Business/Industrial Park dated July 28, 1970, the setbacks and offsets within the Muskego Business/Industrial Park (located west of Racine Avenue) can be modified from those above per the following:
[a]
Front lot lines on corner lots: setback of 50 feet from one lot line and setback of 37.5 feet from the side street lot line.
[b]
Side lot lines: offset of 10 feet from one side lot line and offset of 20 feet from the other side lot line (total of 30 feet combined).
[c]
Rear lot line: offset of 25 feet from the rear lot line.
[2]
The least restrictive setbacks/offsets of each of the above-noted setbacks/offsets can be allowed, subject to City approval.
(5)
Open space. Minimum per residential dwelling unit: n/a.
C.
Permitted uses.
(2)
Permitted accessory uses. Any accessory use as permitted in the M-1 District.
(4)
Adequate public facilities required. No building, site and operation plan, preliminary plat, final plat, certified survey map, or conditional use grant shall be approved in the M-2 District unless on the date of such approval there exists a valid and current certificate of adequate public facilities granted and applicable to the project for which approval is sought.
§ 400-71 M-3 Landfill and Extractive Operations District.
A.
Statement of intent. This district is intended to provide an environment capable of addressing the unique concerns associated with landfill and extractive operations. Such districts should not normally abut directly upon residence districts.
B.
C.
Permitted uses.
(1)
Permitted uses by right.
(a)
Noncommercial horticulture.
(b)
Agriculture and related activities.
(c)
Commercial horticulture.
(d)
Public utility transmission and distribution lines, poles and other accessories.
(e)
The following subject to approval by the Plan Commission of building, site and operation plans:
[1]
Nonmetallic mining and associated extractive operations pursuant to Ch. NR 135, Wis. Adm. Code.
[2]
Sanitary landfill operations pursuant to Wisconsin Administrative Code.
[3]
Offices and administrative.
[4]
Public utility offices and installations.
[5]
Public safety offices and installations, including training facilities.
(2)
Permitted accessory uses. The following subject to approval by the Plan Commission of building, site and operation plans:
(a)
Office, storage, power supply and other such uses normally auxiliary to the principal industrial use.
(b)
Garages for storage of vehicles used in conjunction with the operation of the business, pursuant to this code.
(c)
Off-street parking, service and loading facilities.
(d)
Signs pursuant to this code.
(e)
Residential quarters for guards or caretakers.
(f)
Any other structure or use normally accessory to the principal uses permitted.
(3)
Permitted uses by conditional grant.
(4)
Adequate public facilities required. No building, site and operation plan, preliminary plat, final plat, certified survey map, or conditional use grant shall be approved in the M-3 District unless on the date of such approval there exists a valid and current certificate of adequate public facilities granted pursuant to this code and applicable to the project for which approval is sought.
(5)
Annual review required. An annual review is required in front of the Plan Commission for all newly approved uses after January 1, 2006, within the M-3 Zoning District. The annual review will ensure that all approvals are being followed and that complaints are being dealt with appropriately. Additional requirements may be imposed during annual reviews under Plan Commission discretion.
§ 400-72 SW Shoreland-Wetland District.
A.
Statutory authorization. This section is adopted pursuant to the authorization in §§ 62.23 and 62.231, Wis. Stats., for cities and §§ 87.30 and 281.31, Wis. Stats.
B.
Finding of fact and purpose. Uncontrolled use of the shoreland-wetlands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:
(1)
Promote the public health, safety, convenience and general welfare;
(2)
Maintain the stormwater and floodwater storage capacity of wetlands;
(3)
Prevent and control water pollution by preserving wetlands which filter or store sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(4)
Protect fish, their spawning grounds, other aquatic life and wildlife by preserving wetlands and other aquatic habitat;
(5)
Prohibit certain uses detrimental to the shoreland-wetland area; and
(6)
Preserve shore cover and natural beauty by restricting the removal of natural shoreland cover and controlling shoreland-wetland excavation, filling and other earthmoving activities.
C.
General provisions.
(1)
Compliance. The use of wetlands and the alteration of wetlands within the shoreland area of the municipality shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. [However, see Subsection E(5) below for the standards applicable to nonconforming uses.] All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.
(2)
Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when § 30.2022, Wis. Stats., applies.
(3)
Abrogation and greater restrictions.
(a)
This section supersedes all the provisions of any municipal zoning ordinance enacted under § 62.23 or 87.30, Wis. Stats., which relate to floodplains and shoreland-wetlands, except that where another municipal zoning ordinance is more restrictive than this section, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.
(b)
This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.
D.
Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes. Where a provision of this section is required by a standard in Ch. NR 117, Wis. Adm. Code, and where the provision in this section is unclear, the provision shall be interpreted in light of the Chapter NR 117 standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
E.
Shoreland-Wetland Zoning District.
(1)
Shoreland-wetland zoning maps. The following maps are hereby adopted and made part of this section and are on file in the office of the Public Works and Development Department:
(2)
District boundaries.
(a)
The Shoreland-Wetland Zoning District includes all wetlands in the municipality which are shown on the final Wetland Inventory Map that has been adopted and made a part of this section 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 section.
[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 section. Floodplain zoning maps adopted in this section shall be used to determine the extent of floodplain areas.
(b)
Determinations of navigability and ordinary high-water mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Department for a final determination of navigability or ordinary high-water mark.
(c)
When an apparent discrepancy exists between the Shoreland-Wetland District boundary shown on the official zoning maps and actual field conditions at the time the maps were adopted, the Zoning Administrator shall contact the appropriate district office of the Department 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.
(3)
Permitted uses. The following uses are permitted subject to the provisions of Chs. 30 and 31, Wis. Stats., and the provisions of other local, state and federal laws, if applicable:
(a)
Activities and uses which do not require the issuance of a zoning permit, provided that no wetland alteration occurs:
[1]
Hiking, fishing, trapping, hunting, swimming and snowmobiling and boating;
[2]
The harvesting of wild crops, such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds, in a manner that is not injurious to the natural reproduction of such crops;
[3]
The practice of silviculture, including the planting, thinning and harvesting of timber;
[4]
The pasturing of livestock;
[5]
The cultivation of agricultural crops; and
[6]
The construction and maintenance of duck blinds.
(b)
Uses which do not require the issuance of a zoning permit and which may involve wetland alterations only to the extent specifically provided below:
[1]
The practice of silviculture, including limited temporary water level stabilization measures which are necessary to alleviate abnormally wet or dry conditions that would have an adverse impact on the conduct of silvicultural activities if not corrected;
[2]
The cultivation of cranberries, including limited wetland alterations necessary for the purpose of growing and harvesting cranberries;
[3]
The maintenance and repair of existing drainage systems to restore preexisting levels of drainage, including the minimum amount of filling necessary to dispose of dredged spoil, provided that the filling is otherwise permissible and that dredged spoil is placed on existing spoil banks where possible;
[4]
The construction and maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for such construction or maintenance;
[5]
The construction and maintenance of piers, docks, walkways, observation decks and trail bridges built on pilings, including limited excavating and filling necessary for such construction or maintenance;
[6]
The installation and maintenance of sealed tiles for the purpose of draining lands outside the Shoreland-Wetland Zoning District, provided that such installation or maintenance is done in a manner designed to minimize adverse impacts upon the natural functions of the shoreland-wetland listed in this section; and
[7]
The maintenance, repair, replacement and reconstruction of existing highways and bridges, including limited excavating and filling necessary for such maintenance, repair, replacement or reconstruction.
(c)
Uses which are allowed upon the issuance of a conditional use permit and which may include wetland alterations only to the extent specifically provided below:
[1]
The construction and maintenance of roads which are necessary for the continuity of the municipal street system, the provision of essential utility and emergency services or to provide access to uses permitted under this section, provided that:
[a]
The road cannot, as a practical matter, be located outside the wetland;
[b]
The road is designed and constructed to minimize adverse impacts upon the natural functions of the wetland listed in this section;
[c]
The road is designed and constructed with the minimum cross-sectional area practical to serve the intended use;
[d]
Road construction activities are carried out in the immediate area of the roadbed only; and
[e]
Any wetland alteration must be necessary for the construction or maintenance of the road.
[2]
The construction and maintenance of nonresidential buildings, provided that:
[a]
The building is used solely in conjunction with a use permitted in the Shoreland-Wetland District or for the raising of waterfowl, minnows or other wetland or aquatic animals;
[b]
The building cannot, as a practical matter, be located outside the wetland;
[c]
The building does not exceed 500 square feet in floor area; and
[d]
Only limited filling and excavating necessary to provide structural support for the building are allowed.
[3]
The establishment and development of public and private parks and recreation areas, outdoor education areas, historic, natural and scientific areas, game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps, provided that:
[a]
Any private development allowed under this subsection shall be used exclusively for the permitted purpose;
[b]
Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches or the construction of park shelters or similar structures are allowed;
[c]
The construction and maintenance of roads necessary for the uses permitted under this subsection are allowed only where such construction and maintenance meet Subsection E(3)(c)[1] above in this section; and
[d]
Wetland alterations in game refuges and closed areas, fish and wildlife habitat improvement projects, game bird and animal farms and wildlife preserves shall be for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
[4]
The construction and maintenance of electric and telephone transmission lines, water and gas distribution lines and sewage collection lines and related facilities and the construction and maintenance of railroad lines, provided that:
(4)
Prohibited uses.
(a)
Any use not listed in this section is prohibited, unless the wetland or a portion of the wetland has been rezoned by amendment in accordance with this section.
(b)
The use of a boathouse for human habitation and the construction or placement of a boathouse or fixed boathouse below the ordinary high-water mark of any navigable waters are prohibited.
(5)
Nonconforming structures and uses. The lawful use of a building, structure or property which existed at the time this section, or an applicable amendment to this section, took effect and which is not in conformity with the provisions of this section, including the routine maintenance of such a building or structure, may be continued, subject to the following conditions:
(a)
The shoreland-wetland provisions of this section authorized by § 62.231, Wis. Stats., shall not limit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of the shoreland-wetland provisions or of any environmental control facility in existence on May 7, 1982, related to such a structure. All other modifications to nonconforming structures are subject to § 62.23(7)(h), Wis. Stats., which limits total lifetime structural repairs and alterations to 50% of current fair market value.
(b)
If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, any future use of the building, structure or property shall conform to this section.
(c)
Any legal nonconforming use of property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this section adopted under § 62.231, Wis. Stats., may be continued although such use does not conform to the provisions of this section. However, such nonconforming use may not be extended.[3]
(d)
The maintenance and repair of nonconforming boathouses which are located below the ordinary high-water mark of any navigable waters shall comply with the requirements of § 30.121, Wis. Stats.
(e)
Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.
F.
Zoning Administrator. The Public Works and Development Director or designee is appointed Zoning Administrator for the purpose of administering and enforcing this section. The Zoning Administrator shall have the following duties and powers. The Zoning Administrator shall:[4]
(1)
Advise applicants as to the provisions of this section and assist in preparing permit applications and appeal forms.
(2)
Issue permits and inspect properties for compliance with this section.
(3)
Keep records of all permits issued, inspections made, work approved and other official actions.
(4)
Have access to any structure or premises between the hours of 8:00 a.m. and 6:00 p.m. for the purpose of performing these duties.
(5)
Submit copies of decisions on variances, conditional use permits, appeals for a map or text interpretation, and map or text amendments within 10 days after they are granted or denied to the appropriate district office of the Department.
(6)
Investigate and report violations of this section to the appropriate municipal planning agency and the District Attorney, Corporation Counsel or Municipal Attorney,
G.
Zoning permits.
(1)
When required. Unless another subsection of this section specifically exempts certain types of development from this requirement, a zoning permit shall be obtained from the Zoning Administrator before any new development or any change in the use of an existing building or structure is initiated.
(2)
Application. An application for a zoning permit shall be made to the Zoning Administrator upon forms furnished by the municipality and shall include, for the purpose of proper enforcement of these regulations, the following information:
(b)
Site development plan. The site development plan shall be submitted as a part of the permit application and shall contain the following information drawn to scale:
[1]
Dimensions and area of the lot;
[2]
Location of any structures with distances measured from the lot lines and center line of all abutting streets or highways;
[3]
Description of any existing or proposed on-site sewage systems or private water supply systems;
[4]
Location of the ordinary high-water mark of any abutting navigable waterways;
[5]
Boundaries of all wetlands;
[6]
Existing and proposed topographic and drainage features and vegetative cover;
[7]
Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;
[8]
Location of existing or future access roads; and
[9]
Specifications and dimensions for areas of proposed wetland alteration.
H.
Expiration. All permits issued under the authority of this section shall expire 12 months from the date of issuance.
I.
Certificates of compliance. Except where no zoning permit or conditional use permit is required, no land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the Zoning Administrator, subject to the following provisions:
(1)
The certificate of compliance shall show that the building or premises or part thereof, and the proposed use thereof, conform to the provisions of this section.
(2)
Application for such certificate shall be concurrent with the application for a zoning or conditional use permit.
(3)
The certificate of compliance shall be issued within 10 days after notification of the completion of the work specified in the zoning or conditional use permit, provided that the building or premises and proposed use thereof conform to all the provisions of this section.
(4)
The Zoning Administrator may issue a temporary certificate of compliance for a building, premises or part thereof pursuant to rules and regulations established by the municipal governing body.
(5)
Upon written request from the owner, the Zoning Administrator shall issue a certificate of compliance for any building or premises existing at the time of adoption of this section certifying, after inspection, the extent and type of use made of the building or premises and whether or not such use conforms to the provisions of this section.
J.
Conditional use permits.
(2)
Conditions. Upon consideration of the permit application and the standards applicable to the conditional uses designated in this section, the Plan Commission shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this section, as are necessary to further the purposes of this section as listed above. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of this section.
L.
Recording. Where a zoning permit or conditional use permit is approved, an appropriate record shall be made by the Zoning Administrator of the land use and structures permitted.
M.
Revocation. Where the conditions of a zoning permit or conditional use permit are violated, the permit shall be revoked by the Plan Commission.
N.
Zoning Board of Appeals. The City Mayor shall appoint a Zoning Board of Appeals under § 62.23(7)(e), Wis. Stats., consisting of five members subject to confirmation by the municipal governing body. The Zoning Board of Appeals shall adopt rules for the conduct of its business as required by § 62.23(7)(e)3, Wis. Stats.
(1)
Powers and duties. The Zoning Board of Appeals:[5]
(a)
Shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this section.
(b)
May authorize upon appeal a variance from the dimensional standards of this section where an applicant convincingly demonstrates that:
[1]
Literal enforcement of the terms of this section will result in unnecessary hardship for the applicant;
[2]
The hardship is due to special conditions unique to the property and is not self-created or based solely on economic gain or loss;
[3]
Such variance is not contrary to the public interest as expressed by the purpose of this section; and
[4]
Such variance will not grant or increase any use of property which is prohibited in the zoning district.
(2)
Appeals to the Board. Appeals to the Zoning Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision, or determination of the Zoning Administrator or other administrative officials. Such appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the official whose decision is in question, and with the Zoning Board of Appeals, a notice of appeal specifying the reasons for the appeal. The Zoning Administrator or other official whose decision is in question shall transmit to the Board all the papers constituting the record on the matter appealed.
(3)
Public hearings.
(a)
Before making a decision on an appeal or application, the Zoning Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Board shall give public notice of the hearing by publishing a Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the Board. At the public hearing, any party may present testimony in person, by agent or by attorney.
(b)
A copy of such notice shall be mailed to the parties in interest and the appropriate district office of the Department at least 10 days prior to all public hearings on issues involving shoreland-wetland zoning.
(4)
Decisions.
(a)
The final disposition of an appeal for a conditional use permit before the Zoning Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the Board Chairperson. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse, or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or prosecution, or grant the application for a conditional use.
(b)
A copy of such decision shall be mailed to the parties in interest and the appropriate district office of the Department within 10 days after the decision is issued.
O.
Amending shoreland-wetland zoning regulations. The municipal governing body may alter, supplement or change the district boundaries and the regulations contained in this section in accordance with the requirements of § 62.23(7)(d)2, Wis. Stats., Ch. NR 117, Wis. Adm. Code, and the items below:
(1)
A copy of each proposed map amendment shall be submitted to the appropriate district office of the Department within five days of the submission of the proposed amendment to the municipal planning agency.
(2)
All proposed text and map amendments to the shoreland-wetland zoning regulations shall be referred to the municipal planning agency, and a public hearing shall be held after Class 2 notice as required by § 62.23(7)(d)2, Wis. Stats. The appropriate district office of the Department shall be provided with written notice of the public hearing at least 10 days prior to such hearing.
(3)
In order to ensure that this section will remain consistent with shoreland protection objectives of § 281.31, Wis. Stats., the municipal governing body may not rezone a wetland in a Shoreland-Wetland Zoning District, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
(a)
Stormwater and floodwater storage capacity;
(b)
Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area or the flow of groundwater through a wetland;
(c)
Filtering or storage of sediments, nutrients, heavy metals or organic compounds that would otherwise drain into navigable waters;
(d)
Shoreline protection against erosion;
(e)
Fish spawning, breeding, nursery or feeding grounds;
(f)
Wildlife habitat; or
(g)
Areas of special recreational, scenic or scientific interest, including scarce wetland types and habitat of endangered species.
(4)
Where the district office of the Department determines that a proposed rezoning may have a significant adverse impact upon any of the criteria listed in Subsection O(3) of this section, the Department shall so notify the municipality of its determination either prior to or during the public hearing held on the proposed amendment.
(5)
The appropriate district office of the Department shall be provided with:
(a)
A copy of the recommendation and report, if any, of the municipal planning agency on a proposed text or map amendment, within 10 days after the submission of those recommendations to the municipal governing body.
(b)
Written notice of the action on the proposed text or map amendment within 10 days after the action is taken.
(6)
If the Department notifies the municipal planning agency in writing that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection O(3) of this section, that proposed amendment, if approved by the municipal governing body, shall not become effective until more than 30 days have elapsed since written notice of the municipal approval was mailed to the Department, as required by Subsection O(5)(b) of this section. If within the thirty-day period the Department notifies the municipality that the Department intends to adopt a superseding shoreland-wetland zoning ordinance for the municipality as provided by § 62.231(6), Wis. Stats., the proposed amendment shall not become effective until the ordinance adoption procedure under § 62.231(6), Wis. Stats., is completed or otherwise terminated.[6]
P.
Enforcement and penalties.
(1)
Any development, building or structure or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this section in violation of the provisions of this section by any person, firm, association, or corporation (including building contractors or their agents) shall be deemed a violation and subject to the penalties and enforcement provisions of this chapter.
(2)
Each day of continued violation shall constitute a separate offense. Every violation of this section is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to § 87.30(2), Wis. Stats.
Q.
Definitions.
(1)
For the purpose of administering and enforcing this section, the terms or words used herein shall be interpreted as follows: words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.
(2) ACCESSORY STRUCTURE OR USE BOATHOUSE CLASS 2 PUBLIC NOTICE CONDITIONAL USE DEPARTMENT DEVELOPMENT DRAINAGE SYSTEM ENVIRONMENTAL CONTROL FACILITY FIXED HOUSEBOAT NAVIGABLE WATERS(a) (b) ORDINARY HIGH-WATER MARK PLANNING AGENCY SHORELANDS SHORELAND-WETLAND DISTRICT UNNECESSARY HARDSHIP VARIANCE WETLAND ALTERATION WETLANDS
The following terms used in this section have the following meanings:
A detached subordinate structure or a use which is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.
As defined in § 30.01(1d), Wis. Stats., a structure with one or more walls or sides that has been used for one or more years for the storage of watercraft and associated materials, regardless of the current use of the structure.[7]
Publication of a public hearing notice under Ch. 985, Wis. Stats., in a newspaper of circulation in the affected area. Publication is required on two consecutive weeks, the last at least seven days prior to the hearing.
A use which is permitted by this section provided that certain conditions specified in this section are met and that a permit is granted by the Plan Commission.
The Wisconsin Department of Natural Resources.
Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.
One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.
Any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which is to be supplemented or replaced by other pollution control facilities.
As defined in § 30.01(1r), Wis. Stats., a structure not actually used for navigation which extends beyond the ordinary high-water mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.
Lake Superior, Lake Michigan, all natural inland lakes within Wisconsin, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of the state.
Under § 281.31(2m), Wis. Stats., notwithstanding any other provision of law or administrative rule promulgated thereunder, shoreland ordinances required under § 62.231, Wis. Stats. and Ch. NR 117, Wis. Adm. Code, do not apply to lands adjacent to farm drainage ditches if:
Wisconsin's Supreme Court has declared navigable bodies of water that have a bed differentiated from adjacent uplands and levels or flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis [Muench v. Public Service Commission, 261 Wis. 492 (1952) and DeGaynor and Co. Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For example, a stream is which navigable by skiff or canoe during normal spring high water is navigable, in fact, under the laws of this state though it may be dry during other seasons.
The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
The Municipal Plan Commission created under § 62.23(1), Wis. Stats., a board of public land commissioners or a committee of the municipality's governing body which acts on matters pertaining to planning and zoning.
Lands within the following distances from the ordinary high-water mark of navigable waters: 1,000 feet from a lake, pond or flowage and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.
The zoning district created in this section, comprised of shorelands that are designated as wetlands on the Wetlands Inventory Maps which have been adopted and made a part of this section.
That circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with restrictions governing area, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of this section.
An authorization granted by the Zoning Board of Appeals to construct or alter a building or structure in a manner that deviates from the dimensional standards of this section.
Any filling, flooding, draining, dredging, ditching, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.
Those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.
§ 400-73 I-1 Government and Institutional District.
A.
Statement of intent. This district is intended to specifically define areas where churches, schools, libraries, and other uses of a public or institutional nature shall be permitted subject to such regulatory standards as will ensure compatibility with the surrounding uses and area.
B.
C.
Permitted uses.
(1)
Permitted uses by right. The following uses subject to approval by the Plan Commission of the building, site and operation plans:
(a)
Public and private schools.
(b)
Churches and religious institutions.
(c)
Libraries, museums, art galleries, and concert halls.
(d)
Public administrative offices and public service buildings.
(e)
Public utility offices and installations.
(f)
Private lodges and clubs.
(g)
Public and private noncommercial group outdoor recreational facilities.
(h)
Cemeteries and mausoleums.
(2)
Permitted accessory uses. Any other use normally incident or accessory to the permitted use subject to approval by the Plan Commission of building, site and operation plans.
(a)
Bar, restaurant or other service facilities where accessory to a permitted principal use and intended solely for the convenience of members and guests and not operated as a business nor open to the general public. Where such facilities are accessory but are open to the public and operated as a business they may be permitted only as a conditional use as hereafter specified.
(b)
Any other structure or use normally incident or accessory to the permitted overlay use.
(c)
Freestanding, projecting and flat wall signs as permitted in the B-1 District.
(3)
Permitted uses by conditional grant.
(a)
Penal, reform, disciplinary, or mental institutions.
(b)
Military installations.
(c)
Public service yards.
(d)
Radio and television transmission and relay towers.
(e)
Hospitals, nursing and rest homes, and homes for the aged.
(f)
Bar, restaurant or other service facilities basically accessory to a permitted principal use but open to the public and operated as a business.
(g)
Agricultural uses.
§ 400-74 PI-1 Parks and Recreation District.
A.
Statement of intent. The PI-1 Parks and Recreation District is intended to provide areas where outdoor recreational needs of the citizens can be met. This district is intended to specifically define areas where park and recreation uses of a public or private nature shall be permitted subject to such regulatory standards as will ensure compatibility with the surrounding uses and area. The district should be used for areas designated as parks in the adopted Muskego Parks and Conservation Plan or other areas deemed necessary for parks by the Muskego Parks and Conservation Committee and Common Council.[1]
B.
§ 400-75 CI-1 Conservation District.
A.
Statement of intent. The CI-1 Conservation District is intended to provide areas where open space and limited outdoor recreational needs of the citizens can be met. This district is intended to specifically define areas where conservation uses of a public or private nature shall be permitted subject to such regulatory standards as will ensure compatibility with the surrounding uses and area. The district should be used for areas designated as conservation priorities in the adopted Muskego Parks and Conservation Plan or those areas deemed necessary for preservation by the Muskego Parks and Conservation Committee and Common Council.[1]
B.
§ 400-76 A-1 Agricultural District.
A.
Statement of intent. This district is intended to provide for agricultural and related uses in rural areas where non-farm residential development is not of significant proportions presently nor anticipated or to be encouraged.
B.
C.
Permitted uses.
(1)
(2)
Permitted accessory uses.
(a)
Any accessory use as permitted in the RCE District. Accessory structures for the explicit purposes of agriculture and agricultural activities as defined in this chapter shall be exempt from the requirements outlined in § 400-167C(5).
(b)
Roadside stands for the sale only of products raised on the premises, operated by the resident farmer and subject to § 400-170 of this chapter.
[Amended 6-26-2018 by Ord. No. 1418]
(c)
Blacksmith shop or machine shed for the maintenance and repair of farm machinery, equipment and vehicles.
(3)
Permitted use by conditional grant.
(a)
Any conditional use as permitted in the RCE District.
(b)
Hog or fur farms.
[Amended 3-18-2020 by Ord. No. 1442]
(c)
Animal hospitals, kennels, and laboratories using animals or animal products.
(d)
Airports.
(e)
Pea vineries.
(f)
Experimental, testing and research laboratories related to agriculture or forestry.
(g)
Quarrying and grading operations.
(h)
Two-family dwellings in buildings existing as of the date of this chapter.
(i)
Indoor storage of boats, snowmobiles, recreational house trailers, riding lawnmowers, snowblowers, antique and small complete runnable sports cars, or other storable objects or items owned by individual people that require temporary storage.
(j)
Agritourism.
[Added 8-6-2015 by Ord. No. 1399]
(4)
Special regulations. More than one principal building may be permitted on a lot, provided that the buildings are so located as to permit individual compliance, in the case of future division, with the lot size, density, building location, and open space regulations of the district. Plan Commission approval is required prior to building permits being allowed for additional principal buildings. Land division documents shall be used wherever feasible.
§ 400-77 HC-1 Historic Crossroads District.
A.
Statement of intent.
(1)
This district is intended to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. The district diversifies and integrates land uses within close proximity to each other, and it provides for the daily retail and customer service needs of the residents.
(2)
The district is designed to promote the development of land as a traditional neighborhood under urban conventions that were the norm in the United States until the 1940's, characterized by the following design elements: neighborhoods that are limited in size and oriented toward pedestrian activity; a variety of housing types, jobs, shopping, services, and public facilities; residences, shops, workplaces, and civic buildings interwoven within the neighborhood, all within close proximity; compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment; private buildings that form a consistent, distinct edge and define the border between the public street space and the private block interior; and architecture and landscape that respond to the unique character of the region.
(3)
The district is not intended for stand-alone parcels but for a larger grouping of parcels that together promote the characteristics above. The Tess Corners area and Pioneer Drive area are examples of a good use of the Historic Crossroads District.
B.
C.
Use regulations.
(1)
Permitted uses by right.
(a)
Single-family detached dwellings.
(b)
The following subject to approval by the Plan Commission of building, site and operation plans:
[1]
Single-family attached, duplex, or townhouse structures.
[2]
Retail stores and shops offering convenience goods and personal services and not exceeding 5,000 square feet of primary floor area:
[3]
Business, professional, or public service offices not exceeding 3,000 square feet of primary floor area:
[a]
Accounting, auditing, bookkeeping, and tax preparation.
[b]
Architectural, engineering, planning and surveying services.
[c]
Bank, bonding and financial institution/facility (no drive-through permitted).
[d]
Barber/beauty/hair salon and related personal care.
[e]
Bed-and-breakfast establishments.
[f]
Business offices.
[g]
Cafe, coffee shop, diner, and restaurant.
[h]
Credit reporting and collection.
[i]
Desktop publishing and graphic design.
[j]
Institutional office: public, private, educational, and religious.
[k]
Insurance; stock brokerages.
[l]
Legal services.
[m]
Lessons (art, dance, music, etc.).
[n]
Medical/dental offices, including veterinary.
[o]
Photography studio.
[p]
Real estate.
[q]
Tax preparation.
[4]
Dwelling units accessory to commercial uses.
[5]
Public administration offices and public service buildings.
[6]
Public utility offices and installations.
(2)
Permitted accessory uses.
(a)
Private garages subject to the provisions of this code subject to the approval of the Zoning Administrator and upon payment of fees and receipt of permits as required by the Common Council and amended from time to time.
(b)
One private garden shed subject to the provisions of this code subject to the approval of the Zoning Administrator and upon payment of fees and receipt of permits as required by the Common Council and amended from time to time.
(c)
Any other structure or use normally accessory to the principal uses permitted.
(d)
Home occupations when incidental to the principal residential use, as outlined in this code.
(3)
Permitted uses by conditional grant.
(a)
The following subject to approval by the Plan Commission of building, site and operation plans:
(b)
Agricultural uses.
§ 400-78 DR-1 Downtown Revival District.
A.
Statement of intent.
(1)
This district is intended for the properties found along Janesville Road in Muskego's downtown from Bay Lane Drive to Racine Avenue. The district was created to allow the revival and redevelopment of these properties in order to create new opportunities for the parcel owners. The parcels in this area have or may be affected by future improvements along Janesville Road and it is the City of Muskego's objective to have a zoning district that allows property owners to have usability of their property in order to assure that the core of Muskego's downtown is revived.
(2)
This district is intended to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. The district diversifies and integrates land uses within close proximity to each other, and it provides for the daily retail and customer service needs of the residents.
(3)
The district is designed to encourage pedestrian-friendly designs which respect and accommodate the community's dependency on the automobile. Higher standards of design with a renewed emphasis on community image and the cost-effective provision of public services are promoted. Widely accepted development and planning principles suggest that new development should help the downtown and City compete in an increasingly competitive and quality-conscious real estate environment and provide alternative housing and shopping opportunities in close proximity.
(4)
Design standards should closely follow those found in the City's adopted Downtown Design Guide. The Downtown Design Guide is characterized by the following design elements: traditional town center/modern main street; buildings squarely facing the street; buildings closer to street; pedestrian-scale, walkable, accented storefronts; variable rooflines; transitional massing blending with surrounding architecture; sense of place/downtown identity; destination and convenience retail; shared parking; and convenience.
(5)
The district is intended for both stand-alone parcels and larger grouping of parcels as long as the objective is to promote the characteristics above. Commercial uses are encouraged from Bay Lane Drive to Pioneer Drive and residential uses are encouraged from Pioneer Drive to Racine Avenue as per the direction of the Muskego Comprehensive Plan. Rezoning requests for parcels that do not meet the intent of this zoning district should follow existing residential and commercial zoning districts.
B.
Basic regulations.
(1)
Lot size.
(a)
Minimum area: 7,200 square feet.
(b)
Minimum average width: 60 feet.
(c)
This district does not promote new parcels of this size but allows parcels to be conforming if they meet these guidelines. Newly created parcels in this district should meet the size requirements of the B-2 Zoning District for commercial uses (minimum parcel area 20,000 square feet; minimum parcel width 100 feet) and the size requirements of the RS-3 Zoning District for residential uses (minimum parcel area 15,000 square feet; minimum parcel width 100 feet).
(2)
Density. Residential lot area per dwelling unit; lot area per dwelling unit: 5,000.
(3)
Open space. Minimum per parcel: 2,500 square feet.
(5)
Primary structure building size.
C.
Use regulations.
(1)
Permitted uses by right.
(a)
Single-family detached dwellings.
(b)
The following subject to approval by the Plan Commission of building, site and operation plans:
[1]
Single-family attached, duplex, or townhouse structures.
[2]
Retail stores and shops.
[3]
Public administration offices and public service buildings.
[4]
Community and customer service establishments such as, but not limited to, the following:
[a]
Business, professional, public service, banking and savings and loan offices.
[b]
Delicatessen or produce/meat market.
[c]
Clothing store.
[d]
Restaurants, taverns and other commercial entertainment facilities.
[e]
Hotels.
[f]
Laundry/dry-cleaning services.
[g]
Specialty foods (bakeries, confectioneries, etc.).
[h]
Specialty store (books, music, toys, sporting goods, stationery, etc.).
[i]
Variety store.
[j]
Commercial studios, display galleries and training schools.
[k]
Public utility offices and installations.
[l]
Accounting, auditing, bookkeeping, and tax preparation.
[m]
Architectural, engineering, planning and surveying services.
[n]
Barber/beauty/hair salon and related personal care.
[o]
Bed-and-breakfast establishments.
[p]
Cafe, coffee shop, diner, and restaurant.
[q]
Desktop publishing and graphic design.
[r]
Legal services.
[s]
Lessons (art, dance, music, etc.).
[t]
Medical/dental offices, including veterinary.
[u]
Photography studio.
[v]
Real estate.
[w]
Tax preparation.
[x]
General merchandising and wholesaling establishments.
(2)
Permitted accessory uses.
(a)
Private garages subject to the provisions of this code subject to the approval of the Zoning Administrator and upon payment of fees and receipt of permits as required by the Common Council and amended from time to time.
(b)
One private garden shed subject to the provisions of this code subject to the approval of the Zoning Administrator and upon payment of fees and receipt of permits as required by the Common Council and amended from time to time.
(c)
Any other structure or use normally accessory to the principal uses permitted.
(d)
Home occupations when incidental to the principal residential use, as outlined in this code.