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.