The City Planning and Zoning Administrator of the City of Franklin is designated as the Zoning Administrator of said City, to be responsible for enforcing this Unified Development Ordinance. Said Zoning Administrator shall have the power and shall see that the provisions of this Ordinance are properly enforced.
A. Duties of the Zoning Administrator. In the enforcement of this Ordinance the Zoning Administrator shall perform the following duties:
1. Issue the necessary Zoning Compliance Permits and other permits as provided for in the provisions of this Ordinance and assure that the provisions of this Ordinance have been complied with.
2. Keep an accurate record of all permits and interpretation, numbered in order of issuance, in a record book for this purpose. The Zoning Administrator shall further record the first floor elevations of any structure erected or placed in the floodplain districts.
B. Authority. In the enforcement of this Ordinance the Zoning Administrator 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 and make inspection thereof.
2. Upon reasonable cause or question as to proper compliance, to revoke any Building 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 Ordinance, such revocation to be in effect until reinstated by the Zoning Administrator or the Board of Zoning and Building Appeals.
3. In the name of the City, and with authorization of the Council for matters initiated in Circuit Court and without authorization of the Council for matters initiated in Municipal Court, commence any legal proceedings necessary to enforce the provisions of this Ordinance or the City of Franklin Building Code including the collection of forfeitures provided for herein.
Applications for a Zoning Appeal shall include the following (Also see the provisions set forth in Division 15-10.0200 of this Ordinance):
A. Name and Address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B. Plat of Survey. In the case of an appeal which involves a specific property, a Plat of Survey prepared by a registered land surveyor showing all of the information required under § 15-9.0102 of this Ordinance for a Zoning Compliance Permit.
C. Questions to be Answered by the Applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
1. Indication of the section(s) of the Ordinance being appealed.
2. Statement regarding the appeal requested, giving distances and dimensions where appropriate; or, in the case of an appeal of a decision of the Zoning Administrator or Building Inspector, the circumstances and appeal being requested.
3. Statement of the reason(s) for the request.
4. Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship.
[Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.]
5. Date of any previous application for an appeal and the disposition of the previous application (if any).
D. Additional Information. Additional information as required by the Plan Commission, City Engineer, Board of Zoning and Building Appeals, Zoning Administrator, Building Inspector, or the Zoning Appeal Application Form.
Applications for a Zoning Variance shall include the following (Also see the provisions set forth in Division 15-10.0200 of this Ordinance):
A. Name and Address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B. Plat of Survey. Plat of Survey prepared by a registered land surveyor showing all of the information required under § 15-9.0102 of this Ordinance for a Zoning Compliance Permit.
C. Questions to be Answered by the Applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
1. Indication of the section(s) of the Ordinance from which a variance is requested.
2. Statement regarding the variance requested, giving distances and dimensions where appropriate.
3. Statement of the reason(s) for the request.
4. Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship.
[Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.]
5. Date of any previous application for a variance and the disposition of the previous application (if any).
D. Additional Information. Additional information as required by the Plan Commission, City Engineer, Board of Zoning and Building Appeals, Zoning Administrator, Building Inspector, or the Zoning Variance Application Form.
Applications for a Minor Zoning Variance shall include the following (Also see the provisions set forth in Division 15-10.0200 of this Ordinance):
A. Name and Address. Name and address of the appellant or applicant and all abutting and opposite property owners of record.
B. Photographs. Two photographs of the subject structure from different views.
C. Drawing. If existing, a drawing of the structure listing its size and dimensions and a site drawing or survey setting forth the location of the structure and its distance from lot lines and adjacent buildings on the property.
D. Questions to be Answered by the Applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
1. Indication of the section(s) of the Ordinance from which a minor variance is requested.
2. Statement regarding the minor variance requested, giving distances and dimensions where appropriate.
3. Statement of the reason(s) for the request.
4. Statement of the exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and which cause the hardship.
[Note: Economic hardship and self-imposed hardship are not grounds for the granting of a variance.]
5. Date of any previous application for a minor variance and the disposition of the previous application (if any).
E. Additional Information. Additional information as required by the Plan Commission, City Engineer, Board of Zoning and Building Appeals, Zoning Administrator, Building Inspector, or the Minor Zoning Variance Application Form.
Applications for an Interpretation by the Zoning Administrator shall include the following (Also see the provisions set forth in Division 15-10.0200 of this Ordinance):
A. Name and Address. Name and address of the applicant.
B. Questions to be Answered by the Applicant. Items on the application to be provided in writing by the appellant or applicant shall include the following:
1. Indication of the section(s) of the Ordinance for which an interpretation from the Zoning Administrator is requested.
2. Statement of the reason(s) for the request.
3. Date of any previous application and the disposition of the previous application (if any).
C. Additional Information. Additional information as required by the Zoning Administrator or Building Inspector.
Applications for a Certificate of Appropriateness for alterations in the architectural appearance of any structure within an HPO Historic Preservation Overlay District shall include the following (Also see the provisions set forth in § 15-3.0318 of this Ordinance):
A. Required Architectural Plans, Elevations, and Perspective Drawings. Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of all proposed alterations. A color building elevation or perspective rendering of the exterior of the proposed building(s) shall be required for review by the City Plan Commission for all types of structures. Said elevations and perspective drawings shall indicate the location and placement of all auxiliary building equipment such as heating, ventilating, and/or air-conditioning equipment. These drawings are to be drawn to a recognized architectural scale with the name of the project noted. Building plans shall be submitted with all detail drawn on each elevation. Plans drawn with partial building details indicated will be returned to the Applicant for redrafting.
B. Name and Address. Name and address of the applicant.
C. Owner/Developer. Owner's and/or developer's name and address.
D. Architect/Engineer. Architect's and/or engineer's name and address.
E. Date. Date of submittal of plans.
F. Scale. Scale of drawings noted on each drawing.
G. Building Type, Size, and Location. The type, size, and location of all structures with all building dimensions shown.
H. Height. The height of building(s).
I. Exterior Materials Samples to be Provided. Samples of exterior materials and their colors.
J. Additional Information May be Required. Additional information and data which may be required by the City Planner or Plan Commission may include, but not be limited to, the following upon request:
1. Photographs from the site of adjacent neighboring structures and/or property.
2. Detailed drawings of decorative elements of the building(s) or structure(s).
3. Sectional building or site drawings drawn to a recognized engineering or architectural scale.
K. Revocation and Expiration of Certificate of Appropriateness. In any case where a Certificate of Appropriateness has been granted by the City for alterations in the architectural appearance of any structure within an HPO District and such alternatives have not been established within one year after the date of granting thereof, then without further action by the City, the Certificate of Appropriateness authorization shall be null and void unless upon the showing of valid cause by the applicant prior to the expiration of such one year, the Plan Commission (upon recommendation of the Historic Preservation Commission) may grant an extension of such Certificate of Appropriateness for a period not to exceed one year.
Applications for a Special Exception to stream, shore buffer, navigable water-related, wetland, wetland buffer, and wetland setback provisions, and for improvements or enhancements to a natural resource feature of this Ordinance shall include the following:
A. Name and address of the applicant and all abutting and opposite property owners of records.
B. Plat of survey. Plat of survey prepared by a registered land surveyor showing all of the information required under § 15-9.0102 of this Ordinance for a Zoning Compliance Permit.
C. Questions to be answered by the applicant. Items on the application to be provided in writing by the applicant shall include the following:
1. Indication of the section(s) of this Ordinance for which a Special Exception is requested.
2. Statement regarding the Special Exception requested, giving distances and dimensions where appropriate.
3. Statement of the reason (s) for the request.
4. Statement of the reasons why the particular request is an appropriate case for a Special Exception, together with any proposed conditions or safeguards, and the reasons why the proposed Special Exception is in harmony with the general purpose and intent of the Ordinance. In addition, the statement shall address any exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district, including a practicable alternative analysis as follows:
a. Background and purpose of the Project.
i) Describe the project and its purpose in detail. Include any pertinent construction plans.
ii) State whether the project is an expansion of an existing work or new construction.
iii) State why the project must be located in or adjacent to the stream or other navigable water, shore buffer, wetland, wetland buffer, and/or wetland setback to achieve its purpose.
b. Possible Alternatives.
i) State all of the possible ways the project may proceed without affecting the stream or other navigable water, shore buffer, wetland, wetland buffer, and/or wetland setback as proposed.
ii) State how the project may be redesigned for the site without affecting the stream or other navigable water, shore buffer, wetland, wetland buffer, and/or wetland setback.
iii) State how the project may be made smaller while still meeting the project's needs.
iv) State what geographical areas were searched for alternative sites.
v) State whether there are other, non-stream or other non-navigable water, non-shore buffer, non-wetland, non-wetland buffer, and/or non-wetland setback sites available for development in the area.
vi) State what will occur if the project does not proceed.
c. Comparison of Alternatives.
i) State the specific costs of each of the possible alternatives set forth under sub. b., above as compared to the original proposal and consider and document the cost of the resource loss to the community.
ii) State any logistical reasons limiting any of the possible alternatives set forth under sub. b., above.
iii) State any technological reasons limiting any of the possible alternatives set forth under sub. b., above.
iv) State any other reasons limiting any of the possible alternatives set forth under sub. b., above.
d. Choice of Project Plan. State why the project should proceed instead of any of the possible alternatives listed under sub. b., above, which would avoid stream or other navigable water, shore buffer, wetland, wetland buffer, and/or wetland setback impacts.
e. Stream or Other Navigable Water, Shore Buffer, Wetland, Wetland Buffer, and Wetland Setback Description. Describe in detail the stream or other navigable water, shore buffer, wetland, wetland buffer, and/or wetland setback at the site which will be affected, including the topography, plants, wildlife, hydrology, soils and any other salient information pertaining to the stream or other navigable water, shore buffer, wetland, wetland buffer, and/or wetland setback.
f. Stream or Other Navigable Water, Shore Buffer, Wetland, Wetland Buffer, and Wetland Setback Impacts. Describe in detail any impacts to the following functional values of the stream or other navigable water, shore buffer, wetland, wetland buffer, and/or wetland setback:
i) Diversity of flora including State and/or Federal designated threatened and/or endangered species.
ii) Storm and flood water storage.
iv) Water quality protection including filtration and storage of sediments, nutrients or toxic substances.
v) Shoreline protection against erosion.
vi) Habitat for aquatic organisms.
viii) Human use functional value.
ix) Groundwater recharge/discharge protection.
x) Aesthetic appeal, recreation, education, and science value.
xi) Specify any State or Federal designated threatened or endangered species or species of special concern.
xii) Existence within a Shoreland.
xiii) Existence within a Primary or Secondary Environmental Corridor or within an Isolated Natural Area, as those areas are defined and currently mapped by the Southeastern Wisconsin Regional Planning Commission from time to time.
g. Water Quality Protection. Describe how the project protects the public interest in the waters of the State of Wisconsin.
5. Date of any previous application or request for a Special Exception and the disposition of that previous application or request (if any).
D. Copies of all necessary governmental agency permits for the project or a written statement as to the status of any application for each such permit.
It is the responsibility of the permit
applicant to secure all other necessary permits required by any state, federal, or local agency. This includes, but is not limited to, a water
use permit pursuant to Chapters
30 or 31 of the Wisconsin Statutes or a wetland fill permit pursuant to § 404 of the Federal Water Pollution Control Act, and highway access permits.