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City of Franklin, WI
Milwaukee County
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The purpose of this Division is to establish which uses are either permitted or not permitted to locate in each zoning district. A further distinction is made for uses which may locate in a given zoning district only after obtaining a Special Use Permit (see Division 15-9.0103 of this Ordinance). All uses and structures must comply with the applicable provisions of this Ordinance.
Table 15-3.0602 sets forth those uses which are permitted uses and special uses in the residential R-1, R-2, R-3, R-3E, R-4, R-5, R-6, R-7, R-8, and VR Districts. In addition, Table 15-3.0602 lists those residential uses which are permitted uses or special uses in the A-1 and A-2 Districts.[1]
[1]
Editor's Note: Table 15-3.0602 is included as an attachment to this ordinance.
Table 15-3.0603 sets forth those uses which are permitted uses and special uses in the B-1, B-2, B-3, B-4, B-5, B-6, CC, VB, I-1, P-1, M-1, M-2, BP, A-1, A-2, M-3, and L-1 Districts. In interpreting the various use designations, reference should be made to the Standard Industrial Classification Manual (1987, or latest edition) published by Executive Office of the President, Office of Management and Budget. The Standard Industrial Classification (SIC) code numbers are given for each use type listed in Table 15-3.0603.[1]
[1]
Editor's Note: Table 15-3.0603 is included as an attachment to this ordinance.
This Section sets forth those uses which are permitted uses and special uses in the FW Floodway District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part 4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. 
Permitted Uses in the FW Floodway District.
1. 
Drainage.
2. 
Movement of floodwater.
3. 
Navigation.
4. 
Stream bank protection.
5. 
Any of the following uses are permitted provided that they are permitted uses in the zoning district immediately adjacent to the floodway, and further provided that such use shall not involve the erecting or placing of a structure.
a. 
Grazing.
b. 
Horticulture.
c. 
Open markets.
d. 
Open recreational uses, such as parks, sport fields, beaches, bathing, hunting, fishing, rinks, golf courses, and driving ranges.
e. 
Outdoor plant nurseries.
f. 
Pasturing.
g. 
Sod farms.
h. 
Truck farming.
i. 
Utility poles, towers, and underground conduit for transmitting electricity, telephone, cable television, natural gas, and similar products and services.
j. 
Viticulture (grape growing).
k. 
Wildlife preserves.
B. 
Special Uses in the FW Floodway District.
1. 
Open space and related uses from the following list provided that the applicant shows that such use or improvement will not impede drainage, will not cause ponding, will not obstruct the floodway, will not increase flood flow velocities, will not increase the flood stage, and will not retard the movement of floodwaters. When permitted, all structures shall be floodproofed and constructed so as not to catch or collect debris nor be damaged by floodwaters. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the one-hundred-year recurrence interval flood.
a. 
Navigational structures.
b. 
Public water measuring and control facilities.
c. 
Bridges and approaches.
d. 
Marinas.
e. 
Parking lots and loading areas accessory to permitted uses in adjacent districts, not including new or used vehicle sales or storage areas. Parking lots and loading areas shall not be permitted if inundation depths exceed two feet or in areas where flood velocities greater than two feet per second occur during a one-hundred-year recurrence interval flood event.
f. 
Filling as authorized by the Wisconsin Department of Natural Resources to permit the establishment of approved bulkhead lines.
g. 
Other open space uses consistent with the purpose and intent of the district and compatible with uses in adjacent districts, not including structures.
h. 
Roadways.
2. 
Municipal water supply and sanitary sewerage systems provided that the system is floodproofed to an elevation of at least two feet above the elevation of the one-hundred-year recurrence interval flood, and is designed to eliminate or minimize infiltration of floodwaters into the system. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the one-hundred-year recurrence interval flood level for the particular stream reach.
3. 
Water quality ponds.
This Section sets forth those uses which are permitted uses and special uses in the FC Floodplain Conservancy District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part 4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. 
Permitted Uses in the FC Floodplain Conservancy District.
1. 
Drainage.
2. 
Movement of floodwater.
3. 
Navigation.
4. 
Stream bank protection.
5. 
Any of the following uses are permitted provided that they are permitted uses in the district immediately adjacent to the FC Floodplain Conservancy District, and further provided that such use shall not involve the erecting or placing of a structure.
a. 
Grazing.
b. 
Horticulture.
c. 
Open markets.
d. 
Open recreational uses, such as parks, sport fields, beaches, bathing, hunting, fishing, rinks, golf courses, and driving ranges.
e. 
Outdoor plant nurseries.
f. 
Sod farms.
g. 
Truck farming.
h. 
Utility poles, towers, and underground conduit for transmitting electricity, telephone, cable television, natural gas, and similar products and services.
i. 
Viticulture (grape growing).
j. 
Wildlife preserves.
B. 
Special Uses in the FC Floodplain Conservancy District.
1. 
Open space and related uses from the following list provided that the applicant shows that such use or improvement will not impede drainage, will not cause ponding, and will not retard the movement of floodwaters. When permitted, all structures shall be floodproofed and constructed so as not to catch or collect debris nor be damaged by floodwaters. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the one-hundred-year recurrence interval flood.
a. 
Navigational structures.
b. 
Public water measuring and control facilities.
c. 
Bridges and approaches.
d. 
Marinas.
e. 
Parking lots and loading areas accessory to permitted uses in adjacent districts, not including new or used vehicle sales or storage areas. Parking lots and loading areas shall not be permitted if inundation depths exceed two feet or in areas where flood velocities greater than two feet per second occur during a one-hundred-year recurrence interval flood event.
f. 
Filling as authorized by the Wisconsin Department of Natural Resources to permit the establishment of approved bulkhead lines.
g. 
Other open space uses consistent with the purpose and intent of the district and compatible with uses in adjacent districts.
h. 
Roadways.
2. 
Accessory structures that are associated with an open space use, or which are functionally dependent on a waterfront location, provided that all structures, when permitted, are not designed for human occupany; have a low flood damage potential; are firmly anchored to resist flotation, collapse, and lateral movement; any mechanical or utilty equipment is elevated or floodproofed to or above the regional flood elevation; are constructed to not obstruct the flow of flood waters or cause any increase in flood levels during a one-hundred-year recurrence interval flood event; and are limited to parking and/or limited storage.
3. 
Municipal water supply and sanitary sewerage systems provided that the system is floodproofed to an elevation of at least two feet above the elevation of the one-hundred-year recurrence interval flood, and is designed to eliminate or minimize infiltration of floodwaters into the system. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the one-hundred-year recurrence interval flood level for the particular stream reach.
4. 
Water quality ponds.
This Section sets forth those uses which are permitted uses and special uses in the FFO Floodplain Fringe Overlay District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part 4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. 
Permitted Uses in the FFO Floodplain Fringe Overlay District. Any use of land, except development involving structures, that is permitted in the underlying basic use district. Examples of such use would be normal earth-grading activities to permit utilization of the lands for open space, outdoor recreation, yard, parking, and similar uses are permited so long as the water carrying and storage capacity of the floodplain is not decreased; croplands in an agricultural district; required yards in a residential district; or parking or loading areas in a commercial or industrial district, provided that inundation depths for parking and loading areas do not exceed two feet or that such areas are not subject to flood velocities greater than two feet per second upon the occurrence of a one-hundred-year recurrence interval flood.
B. 
Special Uses in the FFO Floodplain Fringe Overlay District.
1. 
Residential, institutional and commercial structures provided that the structure is permitted in the underlying basic use district, and provided that such floodplain fringe areas shall be filled to an elevation of at least two feet above the elevation of the one-hundred-year recurrence interval flood. Such fill shall extend for at least 15 feet beyond the limits of the structure placed thereon. All structures shall be provided with dryland access to lands outside the floodplain. Where existing streets or sewer lines are at elevations which make dryland access impractical, the City may permit development where access roads are at or below the one-hundred-year recurrence interval flood stage, provided that the City has written assurance from appropriate police and fire departments and emergency service agencies that rescue and relief service will be provided to properties in the area by wheeled vehicles during a flood event, or the City has an adopted natural disaster plan concurred with by the Wisconsin Department of Emergency Government and approved by the Wisconsin Department of Natural Resources. The finished surface of the lowest floor (excluding basement or crawlway) shall be constructed or placed at an elevation that is at least two feet above the elevation of the one-hundred-year recurrence interval flood. Basement or crawlway floors may be placed at the one-hundred-year recurrence interval flood elevation, provided that the basement or crawlway is floodproofed to the flood protection elevation. Residential, commercial, or institutional structures placed on fill may be removed from the floodplain fringe overlay district provided that the fill is contiguous to lands lying outside the floodplain; that compensatory storage has been provided in accordance with the requirements of paragraph B.7. of this Section; and the property owner or his agent has complied with all the requirements for amending the zoning map as set forth in Division 15-9.0200 of this Ordinance. Mobile homes shall not be permitted as a conditional use in the FFO Floodplain Fringe Overlay District.
2. 
Industrial structures provided that the structure is permitted in the underlying basic use district and provided that the fill requirements for residential and commercial structures in the FFO district are complied with. However, when the intent and purpose of this ordinance cannot be fulfilled by filling the floodplain fringe due to existing and committed development, and when the City Plan Commission has made a finding to this effect, all new structures and all additions to existing structures in the Floodplain Fringe Overlay District shall be floodproofed to an elevation of at least two feet above the elevation of the one-hundred-year recurrence interval flood. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the one-hundred-year recurrence interval flood level for the particular stream reach. Structures placed on fill may be removed from the floodplain fringe overlay district provided that the fill is contiguous to lands lying outside the floodplain; that compensatory storage has been provided in accordance with the requirements of paragraph B.7. of this Section; and the property owner or his agent has complied with all the requirements for amending the zoning map as set forth in Division 15-9.0200 of this Ordinance.
3. 
Accessory structures that are associated with a permitted use provided that they are not attached to the principal structure; are not designed for human occupancy; have a low flood damage potential; are firmly anchored to resist flotation, collapse, and lateral movement; are constructed with the lowest floor at or above the one-hundred-year recurrence interval flood elevation; any mechanical or utility equipment is elevated or floodproofed to or above the regional flood elevation; and are constructed to not obstruct the flow of flood waters or cause any increase in flood levels during a one-hundred-year recurrence interval flood event. Such accessory structures that are less than 600 square feet in size and valued at less than $10,000 may be constructed with the lowest floor no more than two feet below the regional flood elevation provided the structure will not be subject to flood velocities greater than two feet per second upon the occurrence of the regional flood. Any stored materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plan, fish, or aquatic life shall be stored at or above an elevation at least two feet above the regional flood or be floodproofed, adequate measures shall be taken to ensure that such materials will not enter the water body during flooding.
4. 
Municipal water supply and sanitary sewerage collection systems provided that the system is floodproofed to an elevation of at least two feet above the elevation of the one-hundred-year recurrence interval flood, and is designed to eliminate or minimize infiltration of floodwaters into the system. Certification of floodproofing shall be made to the Building Inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the one-hundred-year recurrence interval flood level for the particular stream reach.
5. 
Filling to remove lands from the FFO Floodplain Fringe Overlay District provided that such fill shall be to an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood and further provided that such lands are contiguous to lands lying outside of the floodplains. No such FFO Floodplain Fringe Overlay District shall be removed from the Official Zoning Map until the filling is complete and until the property owner, or his agent, has complied with all the requirements for amending the zoning map as set forth in Division 15-9.0200 of this Ordinance.
6. 
Water quality ponds.
7. 
Any areas permitted to be filled and removed from the floodplain fringe overlay district shall provide compensating flood storage capacity on a volume-for-volume basis, except as discussed below herein, in the vicinity of the area removed from the floodplain fringe.
Excavation below the groundwater table is not considered as providing an equal volume of storage. The excavated area shall drain between flood events. Calculations for the compensation shall be prepared by a professional engineer and shall be field-checked and reported on by a professional engineer or registered land surveyor before the certificate of occupancy for said property is issued.
If the one-hundred-year flood profile and floodplain boundary are adjusted through implementation of a flood mitigation system plan that is designed to 1) reduce the flood hazard to existing buildings and 2) to not create an increase of greater than or equal to 0.01 foot in the one-hundred-year flood profile at locations upstream or downstream of the project reach, those portions of the floodplain fringe overlay district that would be removed from the floodplain through implementation of the plan can be developed, or redeveloped, even if an equal volume of compensatory storage is not provided.
For such adjustments to the floodplain fringe overlay district, the flood mitigation system plan, including engineering data and calculations showing the new flood profile, shall be submitted to, and approved by, the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency, and the floodplain zoning map shall be revised to reflect the changed floodplain fringe overlay district boundary in accordance with § 15-9.0207.
This Section sets forth those uses which are permitted uses and special uses in the SW Shoreland Wetland Overlay District. Such uses are additionally subject to the Natural Resource Protection Standards set forth in Part 4 of this Ordinance, which standards may limit or prohibit the uses set forth below in this Section.
A. 
Permitted Uses in the SW Shoreland Wetland Overlay District. The following are permitted as a matter of right:
1. 
Hiking, fishing, trapping, swimming, and boating, unless prohibited by other ordinances and laws.
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, and that does not involve earthmoving, filling, flooding, draining, dredging, ditching, tiling, or excavating.
3. 
The practice of silviculture, including the planting, thinning, and harvesting of timber, provided that no filling, flooding, draining, dredging, ditching, tiling, or excavating is done except for temporary water level stabilization measures to alleviate abnormally wet or dry conditions which would have an adverse impact on silvicultural activities if not corrected.
4. 
Construction and maintenance of fences.
5. 
Existing agricultural uses provided they do not involve extension of cultivated areas, extension of or creation of new drainage systems, and further provided they do not substantially disturb or impair the natural fauna, flora, topography, or water regimen.
6. 
Earthmoving, ditching, tiling, dredging, excavating, or filling done to maintain or repair an existing agricultural drainage system only to the extent necessary to maintain the level of drainage required to continue the existing agricultural use.
7. 
The construction and maintenance of piers, docks, and walkways, including those built on pilings.
8. 
The maintenance, repair, replacement, and reconstruction of existing streets, roads, and bridges.
B. 
Special Uses in the SW Shoreland Wetland Overlay District. The following uses may be allowed by Special Use Permit. The City Plan Commission shall transmit a copy of each application for a special use in the shoreland portion of the SW Shoreland Wetland Overlay District to the Wisconsin Department of Natural Resources (DNR) at least 10 days prior to the public hearing. Action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland SW Shoreland Wetland Overlay District Special Use Permits shall be transmitted to the DNR within 10 days of the effective date of such decision.
1. 
The construction of streets which are necessary for the continuity of the City street system necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the SW Shoreland Wetland Overlay District, provided that:
a. 
The street cannot, as a practical matter, be located outside a wetland; and
b. 
The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards:
1) 
The street shall be designed and constructed for the minimum cross-section practical to serve the intended use;
2) 
Street construction activities shall be limited to the immediate area of the roadbed only; and
3) 
Any earthmoving, filling, flooding, draining, dredging, ditching, tiling, or excavating that is to be done must be necessary for the construction or maintenance of the street.
2. 
The establishment and development of public and private parks and recreation areas, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas in the SW Shoreland Wetland Overlay District, provided that:
a. 
Any private recreation or wildlife habitat area must be used exclusively for that purpose;
b. 
No filling is to be done; and
c. 
Earthmoving, ditching, excavating, dredging, and dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
3. 
The construction and maintenance of electric, gas, telephone, water, and sewer transmission and distribution lines, and related facilities in the SW Shoreland Wetland Overlay District by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to members, provided that:
a. 
The transmission and distribution lines and related facilities cannot as a practical matter be located outside a wetland; and
b. 
Any earthmoving, filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.
4. 
The construction and maintenance of railroad lines in the SW Shoreland Wetland Overlay District, provided that:
a. 
The railroad lines cannot as a practical matter be located outside a wetland; and
b. 
Any earthmoving, filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.
This Section sets forth those uses which are permitted uses and special uses in the AO Airport Overlay District.
A. 
Permitted Uses in the AO Airport Overlay District. All permitted uses in the underlying zoning district(s) shall be permitted by right, except as qualified by § 15-3.0608(C).
B. 
Special Uses in the AO Airport Overlay District. All special uses which may be allowed in the underlying zoning district(s) may be permitted as special uses, except as qualified by § 15-3.0608(C).
C. 
Use Limitations and Noise Level Reduction (NLR) Standards in the AO-1 Airport Overlay District. In addition to the use limitations presented for the underlying zoning district(s) in which the AO-1 Airport Overlay District is located, the use limitations set forth in this Section shall also apply to the specific AO-1 Airport Noise Impact Area. Uses within the AO-1 District shall be permitted only in accordance with the following guidelines:
1. 
Residential Uses. For all residential uses measures to achieve a noise level reduction (outdoor to indoor) of 25 dB must be incorporated into the design and construction of the residential structure(s). Mobile home parks or courts shall not be permitted.
[Commentary: Normal construction can be expected to provide a noise level reduction of 20 dB; thus, the reduction requirements are about 5 dB over standard construction and normally assume mechanical ventilation and closed windows year round. Noise level reduction criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures which only protect interior spaces.]
2. 
Nonresidential Uses. For land uses in the SIC categories of 805, 806, and 82 (nursing and personal care facilities, hospitals, and educational facilities), cultural facilities including churches, auditoriums, and theaters, measures to achieve a noise level reduction (outdoor to indoor) of 25 dB must be incorporated into the design and construction of the structure(s). Outdoor music shells or amphitheaters shall not be permitted.
D. 
Use Limitations and Noise Level Reduction (NLR) Standards in the AO-2 Airport Overlay District. In addition to the use limitations presented for the underlying zoning district(s) in which the AO-2 Airport Overlay District is located, the use limitations set forth in this Section shall also apply to the specific AO-2 Airport Noise Impact Area. Uses within the AO-2 District shall be permitted only in accordance with the following guidelines:
1. 
Residential Uses. For all residential uses measures to achieve a noise level reduction (outdoor to indoor) of 30 dB must be incorporated into the design and construction of the residential structure(s). Mobile home parks or courts shall not be permitted.
[Commentary: Normal construction can be expected to provide a noise level reduction of 20 dB; thus, the reduction requirements are about 10 dB over standard construction and normally assume mechanical ventilation and closed windows year round. Noise level reduction criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures which only protect interior spaces.]
2. 
Nonresidential Uses. Measures to achieve a noise level reduction (outdoor to indoor) of 25 dB must be incorporated into the design and construction of the structure(s) for uses in the SIC manufacturing categories of 20, 22, 23, 24, 25, 26, 127, 28, 29, 30, 32, 33, 34, 38, and 39; SIC transportation, communication, and utilities categories of 40, 41, 42, 44, 45, 48, and 49; the SIC trade categories of 50 and 51; the SIC retail categories of 52, 53, 54, 56, 57, 58, and 59; and the SIC services categories of 72, 73, and 76.
3. 
Nonresidential Uses in the SIC Categories of 805, 806, and 82. For land uses in the SIC categories of 805, 806, and 82 (nursing and personal care facilities, hospitals, and educational facilities), cultural facilities including churches, auditoriums, and theaters, measures to achieve a noise level reduction (outdoor to indoor) of 30 dB must be incorporated into the design and construction of the structure(s). Outdoor music shells or amphitheaters shall not be permitted.
This Section sets forth those uses which are permitted uses and special uses in the HPO Historic Preservation Overlay District.
A. 
Permitted Uses in the HPO Historic Preservation Overlay District. All permitted uses in the underlying zoning district(s) shall be permitted by right.
B. 
Special Uses in the HPO Historic Preservation Overlay District. All special uses which may be allowed in the underlying zoning district(s) may be permitted as special uses.