A.
Use. No building, structure, or land shall hereafter
be used or occupied, and no building or part thereof, or other structure,
shall be erected, raised, moved, reconstructed, extended, enlarged,
or altered except in conformity with the regulations specified for
the district in which it is located.
B.
Bulk. All new buildings and structures shall conform
to the building regulations established for the district in which
each building is located, except that parapet walls, chimneys, cooling
towers, elevator bulkheads, fire towers, stacks, and necessary mechanical
appurtenances shall be permitted to exceed the maximum height provisions
when erected in accordance with all other ordinances of the City of
Franklin. (Also see Division 15-3.0900 of this Ordinance.)
All new buildings, structures, and off-street parking and loading
areas shall conform to the various lot coverage regulations set forth
in this Ordinance.
A.
Maintenance of Yards, Courts, and Other Open Spaces.
The maintenance of yards, courts, and other open space and minimum
lot area legally required for a building shall be a continuing obligation
of the owner of such building or of the property on which it is located
as long as the building is in existence. Furthermore, no legally required
yards, courts, or other open space or minimum lot area allocated to
any building shall, by virtue of change of ownership or for any other
reason, be used to satisfy yard, court, other open space, or minimum
lot area requirements of any other building.
B.
Division of Zoning Lots. No improved zoning lot
shall be divided into two or more zoning lots unless all improved
zoning lots resulting from each division conform with all the applicable
bulk regulations of the zoning district in which the property is located.
However, with respect to the resubdivision of improved zoning lots
in R-7 and R-8 Residence Districts, side yard requirements shall not
apply between attached buildings.
C.
Location of Required Open Space. All yards, courts,
and other open spaces allocated to a building or dwelling group shall
be located on the same zoning lot as such building or dwelling group.
D.
Required Yards for Existing Buildings. No yards,
now or hereafter provided for an existing building, shall subsequently
be reduced below, or further reduced below — if already less
than — the minimum yard requirements of the district in which
it is located. (Also see § 15-9.0111 of this Ordinance.)
E.
Permitted Obstructions in Required Yards. The following
are not considered to be obstructions when located in the required
yards specified:
1.
In All Yards. Open terraces not over four feet above
the average level of the adjoining ground, but not including a permanently
roofed-over terrace or porch; awnings and canopies; steps —
four feet or less above grade — which are necessary for access
to a permitted building or for access to a zoning lot from a street
or alley; chimneys projecting 18 inches or less into the yard; recreational
equipment; and laundry-drying equipment; arbors and trellises, and
flag poles. Fences having a height of six feet or less may be used
to locate property lines within the required side or rear yards in
the residential districts. Fences, walls, or lattice-work screens
which form outside living rooms, or provide necessary privacy for
swimming pools or other activities, and are actual projections from
the bearing walls of existing dwellings, may be extended into either
the side or the rear yard, except (1) that the projection shall not
prohibit the erection of an open mesh-type fence, over six feet in
height, enclosing a park, public or private school site; and (2) that
this projection shall not limit the height, type, or location of a
fence, wall, or other structure which is located within the buildable
area, exclusive of the side or rear yards of the property. In R-8
General Residence District, where aesthetic appearance may require
a fence or wall to shield parking lot or unattractive area, or to
generally improve the aesthetics of the development, a wall or fence
may be erected on the front yard of the premise, upon written approval
of the Plan Commission, which shall include design or other architectural
control requirements.
2.
In Front Yards. One story, bay windows projecting
three feet or less into the front yard; overhanging eaves and gutters
projecting three feet or less into the yard; in R-8 General Residence
District where aesthetic appearance may require a fence or a wall
to shield a parking lot or other unattractive area, or to generally
improve the aesthetics of the development, a wall or a fence may be
erected on the front yard of the premise, upon written approval of
the Plan Commission, which shall include design or other architectural
control requirements.
3.
In Rear Yards. Enclosed, attached, or detached off-street
parking spaces; open off-street parking spaces; accessory sheds, tool
rooms, and similar buildings or structures for domestic or agricultural
storage; balconies; breezeways and open porches; one-story bay windows
projecting three feet or less into the yard; overhanging eaves and
gutters projecting three feet or less into the yard. In any residential
district, no accessory building shall be constructed within 10 feet
of a principal building on the same lot unless the accessory building
is constructed to supress fire in accordance with the City of Franklin
Building Code.
4.
In Side Yards. Not permitted except as herein before
stated in this Section.
5.
Within Shore Buffers, Wetland Setbacks and Wetland
Buffers. Construction in shore buffers shall be governed by § 15-4.0102E.
and such other provisions of this Unified Delopment Ordinance which
specifically address shore buffers; any obstruction or enroachment
into or upon a shore buffer as may be authorized by and approved under
the aforesaid subsections and provisions shall not be considered obstructions.
[Note: see Table 15-4.0100 footnotes (c) and (f).] Construction in
wetland setbacks and wetland buffers shall be governed by §§ 15-4.0102H.
and I. and such other provisions of this Unified Development Ordinance
which specifically address wetland setbacks and wetland buffers; any
obstruction or encroachment into or upon a wetland setback or wetland
buffer as may be authorized by and approved under the aforesaid subsections
and provisions shall not be considered obstructions.
Base setback lines are hereby established for all streets and
highways in the City of Franklin as follows, unless otherwise specified
by action of the Common Council.
A.
Setback from Ultimate Street and Highway Right-of-Way
Line. On all streets or highways for which the ultimate width has
been heretofore established by the City of Franklin Comprehensive
Master Plan (or component thereof), and/or subsequent amendments thereto
to those documents, the base line from which the setback is measured
shall be located at a distance from the centerline equal to 1/2 such
established width as designated by the Comprehensive Master Plan of
the City of Franklin.
B.
Determination of Average Front Yard Setback in Areas
Where Greater than Required Front Yard Setback is Provided. Where
40% or more of the frontage on one side of a street between two intersecting
streets, or for a distance of 600 feet in each direction from the
lot being considered, is developed with buildings that have observed
(with a variation of five feet or less) a front yard greater in depth
than herein required, new buildings shall not be erected closer to
the street than the average front yard so established by the existing
buildings.
C.
Determination of Average Front Yard Setback in Areas
Where Less than Required Front Yard Setback is Provided. Where 40%
or more of the frontage on one side of a street between two intersecting
streets, or for a distance of 600 feet in each direction from the
lot being considered, is developed with buildings that have not observed
a front yard as required herein, then:
1.
Where a building is to be erected within 100 feet
of existing buildings on both sides, the minimum front yard shall
be a line drawn between the closest front corners of the two existing
buildings.
2.
Where a building is to be erected within 100 feet
of an existing building on one side only, the minimum front yard shall
be the average of the setback of the existing building and the setback
required normally.
D.
Corner Lot Setbacks. Corner lot setback requirements
on a side street shall meet the requirements set forth in this Ordinance.
Except as otherwise provided for herein, every building shall
be constructed or erected upon a lot or parcel of land which abuts
no less than 60 feet upon a dedicated public street right-of-way,
including cul-de-sac lots.
A.
Contiguous Parcels. When two or more parcels of
land, each of which lacks adequate area and dimension to qualify for
a permitted use under the requirements of the zoning district in which
they are located, are contiguous and are held under one ownership,
they shall be used as one zoning lot and combined into one Milwaukee
County tax key number with the issuance of a Land Combination Permit
for such use as set forth in § 15-9.0115 of this Ordinance.
B.
Lots or Parcels of Land of Record. Any single lot
or parcel of land, held in one ownership, which is a lot of record
and does not meet the requirements for minimum lot width and area,
may be utilized for a permitted use provided that yards, courts, or
usable open spaces are not less than 75% of the minimum required dimensions
or areas as required by this Ordinance.
[Amended 6-20-2017 by Ord. No. 2017-2277]
All principal buildings shall be located on a zoning lot; only
one principal building shall be located, erected, or moved onto a
lot in the R-1, R-2, R-3, R-3E, R-4, R-5, R-6, R-7 and VR residential
zoning districts, and only two principal buildings in the R-1E District.
The Plan Commission may permit more than two principal buildings in
the R-1E District, subject to the issuance of a Special Use Permit
for such purpose. The Plan Commission may permit more than one principal
building per lot other than in the above stated zoning districts where
more than one principal building is needed for the orderly development
of the parcel. When additional structures are permitted, the Plan
Commission may impose additional yard requirements, floor area ratio
limitations, residential density requirements, land use intensity
requirements, landscaping requirements, or parking requirements, or
may require a minimum separation distance between principal buildings.
No accessory structure shall be permitted upon any zoning lot until
an occupancy permit has been issued for a principal structure, except
as may be otherwise specifically provided under this Ordinance.
Notwithstanding anything to the contrary in this Section, during
the construction of a new single-family residential structure upon
a lot in a residential zoning district, a then existing residential
structure upon such lot may temporarily remain upon the property for
the purpose of housing the property owner(s) until the new residence
has obtained an occupancy permit from the Inspection Department, providing
that the property owner(s) apply for and obtain a building permit
for such purposes with the Building Inspection Department, which building
permit application shall require that the property owner(s) obtain
and provide a contract for building demolition, asbestos testing,
asbestos abatement, disconnection of gas and electrical service, abandonment
of sewer/septic, and water lateral or private well service for the
review and approval of the Building Inspection Department; obtain
and provide a bond or letter of credit to insure the demolition, cleanup
and restoration of the site, and such other site specific and/or general
conditions determined to be reasonably necessary by the Building Inspector,
for the review and approval of the Building Inspection Department.
During the temporary time period of construction of the new residence and until the existing residence is timely demolished, setback and lot coverage standards required under this Ordinance, which shall be met and adhered to upon and after such timely demolition, shall not be enforced. It shall be a condition of the issuance and qualification for issuance of a permit hereunder that all existing and any new accessory structures on the property shall be in compliance with all standards required under this Ordinance; any existing accessory structures not in compliance shall be removed or relocated as a requirement of the permit, no later than the timely demolition of the existing residence. It shall be a condition of the issuance and qualification for issuance of a permit hereunder that all natural resource features standards required under this Ordinance, including the terms of any conservation easement upon the property, shall be complied with. It shall be a condition of the issuance and qualification for issuance of a permit hereunder that the subject lot is of sufficient size and area such that despite the temporary existence of two residence structure pads on the property or the locations thereof there remains a reasonable area to accommodate any future need for private sewer and water replacement systems facilities, as determined by the Building Inspector. Any violation of any term of a permit issued under this Section or of any term or provision of this Section shall constitute a violation of and be enforceable under Division 15-9.0500 of this Ordinance and § 1-19. of the Municipal Code.
An area indicated on the City of Franklin "Official Zoning Map"
as a public park, public recreation area, public school site, cemetery,
or other similar public or semi-public open space, shall not be used
for any other purpose than that designated. When the use of the specific
area is discontinued, it shall be considered by the City of Franklin
Plan Commission and Common Council for potential rezoning into a zoning
district which is consistent with the land use district set forth
for that area in the City of Franklin Comprehensive Master Plan.
The hazard abatement performance standards set forth in Division
15-3.1100 of this Ordinance shall apply to all zoning districts.
When a use is classified as a "Special Use" and exists as either
a permitted use or special use at the date of the adoption of the
Unified Development Ordinance, it shall be considered a legal use,
without further action of the Common Council, the Zoning Administrator,
or the Zoning Board of Appeals.
When a use is not specifically listed a "Permitted Use," "Special
Use," or "Accessory Use," it shall be assumed that such a use is expressly
prohibited unless by a written decision of the Plan Commission it
is determined that said use is similar to, and not a more measurably
intense use, than the use listed.
Where a certified survey map, subdivision, or an unplatted area
is to be developed and will not be served by public sanitary sewer
service, the requirements of this Ordinance which are applicable to
such areas shall be complied with.
A.
In addition to any other applicable use, site, or
sanitary regulations, regulations shall apply to all areas with natural
resource features (as defined by this Ordinance):
B.
Earth Movements. Earth movements such as grading,
topsoil removal, filling, road cutting, construction, altering, or
enlargement of waterways, removal of stream or lake bed materials,
excavation, channel clearing, ditching, drain tile laying, dredging,
lagooning, and soil and water conservation structures require review
and approval as set forth in this Ordinance, in addition to any permit
required from the state agency having jurisdiction, and those requirements
set forth in Division 15-8.0400 of this Ordinance. Earth movements
shall be so regulated as to prevent erosion and sedimentation and
to least disturb the natural fauna, flora, watercourse, water regimen,
or topography.
C.
Restrictions Relating to Use. In addition to any
other applicable use, site, or sanitary regulations, and the conservancy
regulations provided for under Section 15-2.0213, Section 15-3.0323,
Division 15-3.0500, Division 15-4.0100, and elsewhere in his Ordinance,
the following restrictions and regulations shall apply to all wetland
conservancy areas designated on the City of Franklin "Official Zoning
Map":
1.
On-site sewage disposal facilities, residential
and nonresidential structures and the permanent sheltering and the
restricted confining of animals are prohibited.
It shall be unlawful to construct or use any structure, land,
or water in violation of any of the provisions of this Ordinance.
In case of any violation, the Common Council, the Plan Commission,
the City Attorney, the Zoning Administrator, or any property owner
who would be specifically damaged by such violation may institute
appropriate actions or proceedings to enjoin a violation of this Ordinance.
Unless specifically exempted by law, all cities, villages, towns,
counties, and other municipal corporations are required to comply
with this Ordinance and obtain all required permit. State agencies
are required to comply if § 13.48(13) of the Wisconsin Statutes
applies. The construction, reconstruction, maintenance, and repair
of state highways and bridges by the Wisconsin Department of Transportation
are exempt from compliance with § 30.12(4)(a) of the Wisconsin
Statutes, as amended, applies.
