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