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.
A.
Zoning Compliance Permit Required. In all zoning
districts except the R-1, R-1E, R-2, R-3, R-3E, R-4, R-5, R-6, and
R-7 Districts, any use occupying an existing building or structure,
prior to obtaining a Certificate of Occupancy required in § 15.9.0104,
shall receive a Zoning Compliance Permit from the Zoning Administrator
if such use complies with the requirements of this Zoning Ordinance
and all other applicable City Codes and ordinances, including, but
not limited to the Sign Ordinance and Fire Prevention Codes. No Zoning
Compliance Permit is required for uses requiring a Special Use Permit.
B.
Application. Application for a Zoning Compliance
Permit shall be made to the Zoning Administrator. The Zoning Administrator
shall have the authority to require the submittal of information pertaining
to the proposed use to support that all applicable City Codes have
and will be complied with.
C.
Site Plan Review. Any use necessitating construction
of a new building, addition, accessory structure or any other similar
expansion of the use on the site, such as additional parking spaces,
shall comply with Site Plan Review of this Ordinance.
D.
Zoning Compliance Permit Expiration. A Zoning Compliance
Permit shall expire if within six months of the date of issuance of
a Zoning Compliance Permit the use has not commenced or that the use
has not occupied the structure or location. Upon the showing of a
valid cause by the applicant, the Zoning Administrator may grant an
extension of such Zoning Compliance Permit for a period not to exceed
six months.
E.
Enforcement. Failure to comply with this Section
relating to Zoning Compliance Permits may be enforced pursuant to
this Ordinance, or any other provision of law including, but not limited
to, revocation of the Zoning Compliance Permit, injunction, or other
civil suit.
A.
General. It is recognized that there are uses which,
because of their unique characteristics, cannot be properly classified
in any particular zoning district or districts without consideration,
in each case, of the impact of those uses upon neighboring land and
of the public need for the particular use at the particular location.
Such special uses fall into two categories:
B.
Initiation of Special Uses. Any person owning or
having an interest in the subject property may file an application
to use such land for one or more of the special uses provided for
in this Ordinance and in the zoning district in which the land is
situated.
C.
Application for Special Uses. A special use application
for a special use, or for the expansion of an existing special use,
shall be filed with the Zoning Administrator or designee on a special
use application form prescribed by the Zoning Administrator. The special
use application shall be accompanied by a legal description of the
property for which a special use permit is being applied for, such
plans or data prescribed on the application form, a statement in writing
by the applicant, and adequate evidence showing that the proposed
special use will conform to the standards set forth in Division 15-3.0700
of this Ordinance and those other standards set forth in this Ordinance
which may also be applicable.
D.
Hearing on Special Use Application. Upon receipt
in proper form of the application and statement referred to above,
the Plan Commission shall hold at least one public hearing. At least
10 days in advance of such hearing, but not more than 30 days, notice
of the time and place of such hearing shall be published in a newspaper
of general circulation in the City of Franklin. Written notice of
the public hearing shall also be delivered by regular mail to all
owners of properties or portions of properties within 500 feet of
the lands described in the application, mailed not less than 10 days
prior to the hearing, with the ownership to be determined by the records
on file in the Office of the City Assessor; notice to one of joint
or in-common owners being notice of all. The Common Council shall
request a review of each such special use in the floodplain districts
by the Wisconsin Department of Natural Resources (DNR). Final action
on floodplain applications shall not be taken for at least 30 days
or until DNR has made its recommendations, whichever comes first.
A copy of all decisions relating to special uses in the floodplain
districts shall be transmitted to DNR within 10 days of the effective
date of such decision.
E.
Authorization of Special Uses. For each application
for a special use, the Plan Commission shall report to the Common
Council its findings and recommendations, including the stipulations
of additional conditions and guarantees that such conditions will
be complied with when they are deemed necessary for the protection
of the public interest. The Common Council may grant or deny any application
for a special use; provided, however, that in the event of written
protest against any proposed special use, duly signed and acknowledged
by the owners of 20% or more either of the areas of the land included
in such proposed amendment, or by the owners of 20% of more of the
area of the land immediately adjacent extending 100 feet therefrom,
or by the owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such special use shall not be granted except by the favorable vote
of 3/4 of all the members of the Common Council. No application for
special use permission pertaining to specific lands which describes
the property to be subject to such proposed special use permission
so as to create a "buffer zone", which buffer zone is found by the
Common Council to have been created to avoid the effect of a protest
petition and which buffer zone proposal is not supported by a substantial
land use reason or a reasonable zoning practice purpose, shall be
approved. The burden of proof with regard to the findings to be made
by the Common Council hereunder shall be upon the applicant. A copy
of all decisions granting special uses in floodplains shall be transmitted
by the Council Secretary to the State Department of Natural Resources
and the Region 2 Water Resources Advisory Board within 10 days of
such decisions.
F.
Effect of Denial of a Special Use. No application
for a special use which has been denied wholly or in part by the Common
Council shall be resubmitted for a period of 180 days from the date
of said order of denial.
G.
Revocation. In any case where a special use has
not been established within one year after the date of granting thereof,
then without further action by the Plan Commission or the Common Council,
the special use authorization shall be null and void. The criteria
for determining establishment of a special use may be set forth by
the Common Council in the approving Special Use Resolution.
A.
When a Certificate of Occupancy is Required. A Certificate
of Occupancy to be issued by the Building Inspector shall be required
for any of the following, except buildings incidental to agricultural
operations other than residences:
B.
No Occupancy, Use, or Change of Use Shall Take Place.
No such occupancy, use, or change of use shall take place until a
Certificate of Occupancy has been issued.
C.
Undeveloped Land Within Floodplain Districts.
1.
No undeveloped land within the floodplain districts
shall be occupied, developed, or used; and no structure hereafter
erected, altered, substantially improved, or moved shall be occupied
until the applicant submits to the Zoning Administrator a certification
by a Wisconsin registered professional engineer or land surveyor that
the floodplain regulations set forth in this ordinance have been fully
complied with. Such certification shall include the first floor elevation
of any structure on the site.
2.
Pending the issuance of such certificate, a temporary
Certificate of Occupancy may be issued by the Zoning Administrator
for a period of not more than six months during the completion of
the construction of the building or of alterations which are required
under the terms of any law or ordinance. Such temporary certificate
may be renewed, but it shall not be construed in any way to alter
the respective rights, duties, or obligations of the owner or the
City relating to the use or occupancy of the land or building, or
any other matter covered by this ordinance, and such temporary Certificate
of Occupancy shall not be issued except under such restrictions and
provisions as will adequately ensure the safety of the occupants.
D.
Application for a Certificate of Occupancy. Written
application for a Certificate of Occupancy for the use of vacant land,
or for a change in a nonconforming use, as herein provided, shall
be made to the Zoning Administrator.
E.
Issuance of a Certificate of Occupancy. If the proposed
use is in conformity with the provisions of this ordinance, the certificate
of occupancy shall be issued within three working days after the application
for the same has been made, only after the occupancy conforms to this
Ordinance and other applicable City Codes, and any lack of conformance
to this Ordinance or other codes are corrected.
F.
Form of Certificate of Occupancy and Permanent Record.
Each Certificate of Occupancy shall state that the building or proposed
use of a building or land complies with all provisions of this Ordinance.
A record of all Certificates of Occupancy shall be kept on file in
the office of the Building Inspector and a copy shall be forwarded,
on request, to any person having proprietary or tenancy interests
in the building or land affected.
G.
Certificate of Occupancy Not Required for Gas and
Electric Utility Uses Issued a Certificate of Public Convenience and
Necessity. No Certificate of Occupancy shall be required for gas and
electric utility uses which have been issued a Certificate of Public
Convenience and Necessity pursuant to § 196.491 of the Wisconsin
Statutes as amended.
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:
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:
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.
iii)
Hydrologic functions.
iv)
Water quality protection including filtration and
storage of sediments, nutrients or toxic substances.
v)
Shoreline protection against erosion.
vi)
Habitat for aquatic organisms.
vii)
Habitat for wildlife.
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.
