Article 4 Use-Specific Standards

Primary internal streets;

Parks or other common open space;

§ 15-4-02 Institutional Use-Specific Standards.

Secondary internal streets; or

Parking areas only if approved by the Zoning Administrator.

Parking shall be integrated into the overall site design to minimize visual impact, reduce the loss of trees, and be visually concealed from public rights-of-way.

ADA-compliant pedestrian walkways shall be provided to all building entries and parking areas and shall connect to the sidewalk at the street frontage.

Cemetery.

The minimum lot size for a cemetery shall be three (3) acres.

Adequate space shall be provided within the site for the parking and maneuvering of funeral corteges.

All interment shall be set back at least fifty (50) feet from any adjoining lot line.

All structures shall be set back at least fifty (50) feet from any boundary line of the cemetery property plus two (2) feet for each one (1) foot of structure height over twenty-five (25) feet to the maximum height permitted by the district in which it is located.

All requirements of the Wisconsin State Statutes regarding the interment of human dead shall be met.

§ 15-4-03 Place of Assembly Use-Specific Standards.

(Reserved)

§ 15-4-04 Recreation Use-Specific Standards.

Campgrounds.

All campgrounds shall have direct access to an arterial street, however no direct access to an individual site shall be permitted from a public street.

All campgrounds shall have a minimum site area of thirty (30) contiguous acres.

All trailer and vehicle parking spaces are to be paved with asphaltic concrete, brick, pavers, or other pavements approved by the City Engineer.

No more than fifteen (15) percent of a travel trailer park site shall be used for campground purposes.

The following accessory uses may be allowed:

Recreational facilities.

Laundry buildings.

One (1) service retail store not to exceed two thousand (2,000) square feet in total floor area.

A manager's office and storage buildings, sanitary facilities, and fences, constructed in accordance with all the provisions of this Ordinance and all other applicable City of Franklin regulations.

No accessory buildings or structures shall be used for human occupancy, except as explicitly approved.

A maximum density of fifteen (15) campsites per acre shall be allowed.

One hundred (100) square feet of recreation area shall be provided per campsite.

All public utilities shall be placed underground.

Campground areas of any travel trailer park shall provide a minimum of five hundred (500) square for each tent site. A ten (10) foot separation shall be maintained between tents.

Every campground there shall be provided at least one (1) sanitary garbage pickup area on the site.

§ 15-4-05 Lodging Use-Specific Standards.

All campgrounds shall comply with all state and local regulations.

Lodging House.

The property must be developed, maintained, and operated so that the principal building, accessory buildings, yard, drive, and street frontage complement the appearance and character of its adjacent neighborhood and do not detract from abutting properties.

Cooking facilities shall not be permitted in any of the guest rooms.

The Zoning Administrator may require a lodging house to be screened from abutting residential properties by the erection and maintenance of a bufferyard per Article 5.

The principal use is for lodging with accessory uses such as catering or events venue requiring Temporary Use Permit.

Short-Term Rental.

A maximum of two (2) adult guests per bedroom shall be allowed.

The duration of guest stay shall be a minimum of three (3) days and a maximum of thirty (30) days.

The residential dwelling in which short-term rental operates shall be the primary residence of the property owner.

Short-term rentals shall be subject to the hotel tax provisions established in Section 138-25 of the City of Franklin Code of Ordinances.

A Tourist Rooming House License from the City of Franklin Health Department is required to operate.

§ 15-4-06 Retail Use-Specific Standards.

Adult Establishment.

Adult establishments shall locate at least one thousand (1,000) feet from any parcel in a residential district or with an existing use classified in the following categories.

Residential.

Institutional.

Place of assembly.

Lodging.

Eating and drinking.

Adult establishments shall locate at least one thousand (1,000) feet from another adult establishment.

A bufferyard shall be provided along all property lines shared with an existing use categorized in Subsection (A)(1) or when adjoining a residential district.

The hours of operation shall be limited to between 11:30 a.m. and 1:00 a.m., except for cleaning and maintenance activities necessary for the property's operation, which may occur after the hours specified in this subsection.

No amplified sound equipment audible outside the principal building shall be allowed.

Adult uses shall comply with all federal, state, county, and local laws, rules, and regulations, as amended.

§ 15-4-07 Service Use-Specific Standards.

Animal Boarding Facility/Kennel and/or Veterinary Services.

Buildings shall be located no closer than seventy-five (75) feet from any adjacent residential property.

Enclosed exercise areas shall be at least one hundred fifty (150) feet from any residential property. All exercise areas shall be enclosed by a fence and adjacent to the principal building.

All litter and waste shall be contained and controlled on site by having appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the boarding area. Solid waste shall be removed from outdoor areas after each use of the area.

All activities, except animal exercise areas, shall be conducted within an enclosed building designed with noise resistant materials and which allows for adequate ventilation.

Drainage from outdoor areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.

Solid waste will be removed from the outdoor area after each use of the area.

All outdoor areas shall be screened with a solid opaque fence or wall at least six (6) feet in height. Slatted chain-link fences shall not meet this requirement.

Use of outdoor exercise areas between the hours of 10:00 p.m. and 7:00 a.m. is prohibited.

§ 15-4-08 Eating and Drinking Use-Specific Standards.

Food Truck Court.

The maximum number of food trucks allowed on site shall depend on the size of the lot and site's ability to provide required electrical access and parking. Site plans shall be provided to the City for review before permitting.

A minimum of ten (10) feet of clearance shall be provided between food truck stalls for electrical service access.

Food truck stalls shall be clearly defined and separated from all patron parking with an enclosure. Any use of fencing or planters to separate the food truck park from parking shall provide visibility into the site and shall not exceed four (4) feet in height.

Food truck courts are encouraged to create an inviting and attractive aesthetic environment and shall include seating and shade elements.

A minimum of two (2) permanent restrooms that meet ADA standards shall be made accessible to patrons within two hundred (200) feet of the food truck court during hours of operation.

Electrical service shall be provided to each food truck.

A minimum of one (1) trash receptacle and one (1) recycling receptacle shall be provided per food truck. The food truck park shall also provide a commercial dumpster outside of the designated patron area for waste disposal. The dumpster shall be screened in accordance with Article 5.

All food trucks shall hold a current Mobile Retail Food License.

§ 15-4-09 Vehicle-Related Use-Specific Standards.

Auto Sales/Rental and Service.

All outdoor display areas for sales, rental, and service shall be improved with all-weather surfaces.

Parking lots used for the outdoor display of motor vehicles for sale and/or rent shall be exempt from the landscape spacing requirements for the parking area perimeter zone, as detailed in Article 5, and instead may cluster required landscape elements to preserve views to motor vehicles offered for sale and/or rent.

No vehicles shall be parked within the public right-of-way.

Repair bays shall not front adjacent public rights-of-way or face a parcel with a residential use or in a residential district.

No more than one (1) elevated display shall be used, raising the vehicle no more than three (3) feet off the ground.

Accessory uses and structures, such as car wash facilities and their incidental functions (vacuums and air compressors) shall be set back at least fifty (50) feet from public rights-of-way or a residential use or district.

No existing buildings shall be occupied or re-used for vehicle sales, rental and service unless all requirements of this UDO are met. The use shall operate in accordance with all other applicable federal, state, and local laws. If additional permits are required, such permits shall be obtained prior to the operation's approval.

Drainage from outdoor storage and/or activity areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.

Measures for containment of potentially contaminated runoff from vehicle-related activities shall be incorporated into the site plan and drainage plan to ensure that contaminated runoff does not reach storm drains or surface waters.

The City Engineer shall review plans to ensure sufficient measures, including grading and where necessary oil/water separation or equivalent structures, have been incorporated into the site plan.

Carwash.

Hours of operation shall be restricted to between 7:00 a.m. and 10:00 p.m.

All car wash facilities and accessory equipment such as vacuums, dryers, and accessory buildings and structures shall be set back a minimum of two hundred (200) feet from any parcel with an existing residential use or in a residential district. Such facilities and equipment shall be enclosed within a building, except for self-service vacuum units.

If self-service vacuum facilities are provided, a minimum of one (1) parking space for each vehicle capable of being serviced at any one (1) time at such vacuum facility shall be provided. Such parking spaces for accessory vacuum facilities shall not interfere with circulation or entrance or exit drives.

Accessory equipment such as vacuum facilities shall be set back a minimum of twenty (20) feet from all property lines.

All full-service or conveyor-based carwash facilities shall be equipped with a water recycling system that shall recycle a minimum of fifty (50) percent of the water being used by the facility.

Drainage from outdoor storage and/or activity areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.

The City Engineer shall review plans to ensure sufficient measures, including grading and where necessary oil/water separation or equivalent structures, have been incorporated into the site plan to comply with Section 5-5-13.

Major Automotive Repair.

A bufferyard, as detailed in Article 5, shall be required along lot lines adjacent to any parcel in a residential, commercial or mixed-use district.

All vehicle repair activities shall be within a completely enclosed building.

All storage of vehicles awaiting needed parts shall be within the building or in an enclosed or screened-in yard.

All damaged or non-operable parts shall be stored indoors until removed from the premises.

All vehicle parts shall be stored within a completely enclosed building.

Service bay entrances shall not front a public right-of-way unless specifically approved.

The maximum allowable number of tow trucks which can be parked at the site shall be determined by the Plan Commission as a condition of approval of the Conditional Use Permit.

Drainage from major automotive repair areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.

The City Engineer shall review plans to ensure sufficient measures, including grading and where necessary oil/water separation or equivalent structures, have been incorporated into the site plan.

Vehicle Fuel Sales.

All fuel sales stations shall have direct access to an arterial or collector street.

Any fuel pumps, underground fuel storage tanks, and islands, shall be at least fifty (50) feet from any street or abutting lot line.

All fuel pumps shall be set back a minimum of twenty-five (25) feet from the street right-of-way and side or rear lot lines.

All fuel pump canopies shall be located a minimum of twenty (20) feet from the street right-of-way and side or rear lot lines.

All fuel pumps and fuel pump canopies shall be located a minimum of fifty (50) feet from any residential district boundary line.

Fuel pump canopies shall have a maximum height of twenty-five (25) feet.

Fuel pump canopy columns shall be clad in masonry, stucco, fiber cement, or stone veneer systems with a minimum thickness of three (3) inches, for a minimum of four (4) feet from the base of the column.

Fuel pump canopies shall be lit with only fully recessed lighting.

A bufferyard, as detailed in Article 5, shall be required along lot lines adjacent to any parcel in a residential, commercial or mixed-use district.

No signs shall be permitted on fuel pump canopy roofs or fascia.

Drainage from vehicle fuel sales areas shall be directed to gravel, grassed, or other planted areas in a manner that prevents direct discharge to storm drain inlets and surface waters.

§ 15-4-10 Agricultural Use-Specific Standards.

13.

The City Engineer shall review plans to ensure sufficient measures, including grading and where necessary oil/water separation or equivalent structures, have been incorporated into the site plan.

Nursery, Retail.

All retail nurseries shall have an enclosed building. Outdoor sales of merchandise are permitted as an accessory use to said building.

§ 15-4-11 Industrial Use-Specific Standards.

Artisan Manufacturing.

Gross floor area shall not exceed five thousand (5,000) square feet.

Outdoor storage shall be prohibited.

Outdoor operations or activities may be approved with a Temporary Use Permit.

Artisan manufacturing shall not create or cause any perceptible noise, odor, smoke, electrical interference, or vibrations that constitute a public or private nuisance to neighboring properties.

Retail sales of goods manufactured on site are allowed. Retail sales areas shall be located on the ground floor and shall be directly adjacent to storefront windows.

Manufacturing areas are encouraged to be visible from retail areas.

A maximum of one (1) residential unit shall be permitted within the same unit/leasable area as the artisan manufacturing use but shall be limited to twenty-five (25) percent of the total area of the building.

Landfill.

Performance Criteria and Standards.

All City of Franklin or County roads to be used to service the site shall be constructed to meet the City of Franklin, Milwaukee County, and Wisconsin Department of Transportation standards appropriate for the weight of the trucks using the facility prior to the operation of the facility.

A bond written by a licensed surety company, a certified check, letter of credit, or other financial guarantee in an amount sufficient to cover the costs associated with the repair of the affected road(s) to standard upon closure or if the road deteriorates due to the traffic to the facility shall be provided.

An additional three (3) feet of final cover shall be required in addition to the amount required in the Wisconsin Administrative Code, and the facility shall be landscaped in approved ground cover of prairie plantings as determined appropriate by the City of Franklin.

The disposal operation shall be conditioned on approval by those state agencies having authority for such approval, and the use shall meet all applicable federal, Milwaukee County, and City of Franklin requirements.

The City of Franklin shall enter into negotiation and arbitration procedures as set forth in § 289.33 of the Wisconsin Statutes, as amended, for the approval of a solid waste disposal facility or expansion thereof.

Self-Service Storage Facility.

Outdoor storage, with the exception of recreational vehicles, boats, and other recreational equipment as regulated in Subsection (C)(2) below, shall be prohibited.

Outdoor storage of recreational vehicles, boats, and other recreational equipment shall be allowed if screened with a solid wall or opaque fence constructed from materials approved by the Zoning Administrator and not less than six (6) feet or more than eight (8) feet in height in areas visible from an existing or proposed arterial roadway or from a property in any district other than the LI District.

The storing of hazardous or toxic materials is prohibited.

No storage space shall be used for residential occupancy, business sales or operation, the storage of commercial or industrial inventory or raw materials, or the operation of machinery.

Co-Warehouse.

Outdoor storage, with the exception of recreational vehicles, boats, and other recreational equipment as regulated in Subsection (D)(2) below, shall be prohibited.

The storing of hazardous or toxic materials is prohibited.

No unit shall be used for residential occupancy or on-site sales.

§ 15-4-12 Utility and Transportation Use-Specific Standards.

Airport/Heliports.

The site shall be at least fifteen (15) contiguous acres in area.

The site shall be sufficient in size to meet the standards for the type of facility proposed of the Federal Aviation Administration and the Department of Transportation in accordance with their published rules and regulations.

Any proposed landing area shall be situated so that any structures, high voltage power lines, towers, chimneys, and natural obstructions within the approach zones, shall comply with regulations for height restrictions in airport approach zones of the Federal Aviation Administration, Wisconsin Division of Aeronautics, or other airport authority qualified to establish zoning regulations.

No planned approach areas shall be permitted over parcels with existing residential uses or planned residential uses, according to the City of Franklin's Comprehensive Plan.

Landing and take-off areas shall be at least one hundred fifty (150) feet from any lot boundary and at least five hundred (500) feet from any dwelling unit or residential district.

Hangers, repair facilities, or other airport/heliport buildings shall be at least one hundred (100) feet from any street right-of-way line and least one hundred fifty (150) feet from any lot boundary.

All repair of airplanes and mechanical equipment shall take place inside enclosed hangars.

Residential uses shall not be located within the approach path unless measures to achieve a noise level reduction of twenty-five (25) dBA (outdoor to indoor) are incorporated into the design and construction of the residential structures.

Heliports shall meet all applicable federal, state and local regulations.

Helistops. Helistops shall meet the following requirements:

The site shall be sufficient in size and the site shall otherwise be adequate to meet the rules and regulations established by the Federal Aviation Administration and the Department of Transportation.

Landing and take-off areas shall be located a minimum of one hundred fifty (150) feet from any parcel boundary and a minimum of five hundred (500) feet from any residential parcel boundary.

Landing areas shall be situated so that any structures, high voltage power lines, towers, chimneys, and natural obstructions within the approach zones, shall comply with regulations for height restrictions in airport approach zones of the Federal Aviation Administration, Wisconsin Division of Aeronautics, or other airport authority qualified by law to establish hazard zoning regulations.

No planned approach areas shall be permitted over parcels with existing residential uses or planned residential uses, according to the City of Franklin's Comprehensive Plan.

Heliports shall meet all applicable federal, state and local regulations.

Solar Farm.

Properties on which a public utility owns or leases the land shall be exempt from the standards for solar farms.

A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions.

Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.

Systems, equipment, and structures shall not exceed thirty (30) feet in height when ground-mounted.

Ground-mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, of:

Front and Exterior Side Yards: one hundred (100) feet;

Rear and Interior Yards: fifty (50) feet from nonresidential property lines and one hundred (100) feet from residential property lines.

Systems equipment and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.

Warnings.

Warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm in locations determined necessary by the Zoning Administrator.

The signs shall be made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. These phone numbers shall remain active with all calls being voice recorded for verification purposes and with comments and complaints logged and reported to the City monthly. The recorded calls shall be maintained for at least twelve (12) months.

Figure 15-4(4) Solar Farm

Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this Chapter.

Materials Handling, Storage, and Disposal.

All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.

A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state and federal laws.

Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the solar farm project is properly decommissioned, which shall include:

Provisions describing the triggering events for decommissioning the solar farm project. Any nonfunctioning solar panel/array of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such solar panel/array or component.

Procedures for the removal of structures, debris, and cabling, including those below the soil surface.

Provisions for the restoration of the natural soil and vegetation.

An estimate of the decommissioning costs certified by a professional engineer, to be updated every three (3) years or as determined necessary by the Zoning Administrator. The Zoning Administrator may request an independent third-party verification of the decommissioning costs at any time. The costs for this verification shall be reimbursed by the applicant and/or operator.

Financial assurance, secured by the owner or operator, for the purpose of performing the decommissioning, in an amount equal to the professional engineer's certified estimate of the decommissioning cost.

A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

Wind Farm.

Public utilities shall be exempt from the standards for wind farms.

No wind farm shall be erected on any lot less than four (4) acres in size.

Design and Installation.

Safety Certification.

Wind farm systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energic (GL), or an equivalent third party prior to plan approval.

Following plan approval, a professional engineer shall certify, as part of the Building Permit application, that the foundation and tower design of the wind farm system is within accepted professional standards, given local soil and climate conditions.

Controls and Brakes. All wind farm systems shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

Electrical Components. All electrical components of the wind farm systems shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and international electrical commission). Utility lines connecting the towers, substations, etc., shall be placed underground where practical.

Turbine Consistency. To the extent feasible, the project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction.

Warnings.

A reasonable visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.

Warning signs shall be provided at the entrance to the facility and along the perimeter of the wind farm in locations determined necessary by the Zoning Administrator.

The signs shall be made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall also be displayed. These phone numbers shall remain active with all calls being voice recorded for verification purposes and with comments and complaints logged and reported to the Zoning Administrator monthly. The recorded calls shall be maintained for at least twelve (12) months.

Climb Prevention. All wind farm towers must be unclimbable by design or protected by anti-climbing devices such as:

Fences with locking portals at least six (6) feet high; or

Anti-climbing devices twelve (12) feet vertically from the base of the wind farm tower.

Setbacks. Wind farm towers and appurtenant structures shall meet the following minimum setbacks.

Wind farm towers shall be six (6) times the height of the wind farm tower or at least three thousand two hundred fifty (3,250) feet, whichever is greater, from any principal structure or use on the subject or neighboring property.

Wind farm towers shall be one and one-tenth (1.10) times the wind farm tower height from public roads, third-party transmission lines, and communication towers.

Wind farm towers shall be one thousand six hundred forty (1,640) feet from adjacent property lines, as measured from the center of the wind farm tower foundation.

No part of a wind farm tower or foundation shall encroach on a public or private sewage disposal (septic) system.

Above ground transmission facilities and poles shall be set back one hundred fifty (150) feet from any portion any principal structure or use on the subject or neighboring property.

Figure 15-4(5) Wind Farm

Use of Public Roads. An applicant, owner, or operator proposing to use any City or county road for the purpose of transporting and installation of wind farm or substation parts and/or equipment for construction, operation, or maintenance of the wind farm or substations, shall:

Identify all such public roads; and

Obtain applicable weight and size permits from relevant government agencies prior to construction;

To the extent an applicant, owner, or operator must obtain a weight or size permit from the City, county, or state, the applicant shall provide:

Financial assurance, in a reasonable amount agreed to by the relevant parties, for the purpose of repairing any damage to public roads caused by constructing, operating, or maintaining the wind farm prior to the issuance of Building Permits.

A signed copy of any agreements pertaining to the use of public roads prior to the issuance of Building Permits.

Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the wind farm shall be allowed except for outdoor storage that is expressly allowed in the zoning district specified elsewhere in this Chapter.

Operation.

Maintenance.

The owner or operator of the wind farm must submit, upon request a summary of the operation and maintenance reports to the county. In addition to the annual summary mentioned in this subsection, the owner or operator must furnish such operation and maintenance reports as the City reasonably requests.

Any replacement of equipment that is not a like-kind replacement using the same equipment in plan as approved shall require that an amendment to the Conditional Use.

Materials Handling, Storage, and Disposal.

All solid wastes related to the construction, operation, and maintenance of the wind farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.

A list of hazardous fluids that may be used on site shall be provided. All hazardous materials related to the construction, operation, and maintenance of the wind farm shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.

Decommissioning Plan. Prior to receiving approval, the applicant shall submit a decommissioning plan to ensure that the wind farm project is properly decommissioned, which shall include:

Provisions describing the triggering events for decommissioning the wind farm project. Any nonfunctioning wind turbine of the project shall be decommissioned within thirty (30) days unless the operator has shown to the Zoning Administrator that it is diligently repairing such wind turbine or component.

Procedures for the removal of structures, debris, and cabling, including those below the soil surface.

Provisions for the restoration of the natural soil and vegetation.

§ 15-4-13 Accessory Use-Specific Standards.

vi.

A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of his successors, assigns, or heirs.

[Amended 10-7-2025 by Ord. No. 2025-2701]

Accessory Dwelling, Detached/Attached.

One (1) detached, attached, or internal accessory dwelling unit shall be allowed per lot.

No lot may have both a detached garage and a detached accessory dwelling unit. On any lot with a detached garage, a detached accessory dwelling unit may be located above the detached garage.

A Conditional Use Permit may be required for both detached and attached accessory dwelling units, as outlined in Article 3.

The detached/attached accessory dwelling shall be located to the interior side or rear of the principal dwelling.

The maximum size of a detached accessory dwelling shall be twenty-five (25) percent of the gross floor area of the principal dwelling or one thousand two hundred (1,200) square feet, whichever is more.

The maximum height of a standalone detached accessory dwelling shall be seventeen (17) feet or the height of the principal dwelling, whichever is less.

The maximum, combined height of a detached accessory dwelling located above a detached garage and the detached garage shall be twenty-seven (27) feet or the height of the principal dwelling, whichever is less.

Detached accessory dwellings shall be set back a minimum of five (5) feet from the rear and interior side lot lines.

Attached accessory dwellings shall be located fully within the buildable area of the lot.

The principal dwelling and detached/attached accessory dwelling shall be served by a common driveway.

The detached/attached accessory dwelling shall have similar architectural features including roof pitch; window type, size, and placement, and exterior building cladding materials and similar exterior colors as the principal dwelling.

The principal dwelling or detached/attached accessory dwelling shall be the primary residence of the owner of the property.

Figure 15-4(6) Accessory Dwelling Detached/Attached

Accessory Dwelling, Internal.

One (1) detached, attached, or internal accessory dwelling unit shall be allowed per lot.

The maximum size of the internal accessory dwelling shall be one thousand two hundred (1,200) square feet or twenty-five (25) percent of the gross floor area of the principal dwelling, whichever is more.

The principal dwelling and internal accessory dwelling shall be served by a common driveway.

The principal dwelling or internal accessory dwelling shall be the primary residence of the owner of the property.

Figure 15-4(7) Accessory Dwelling, Internal

Accessory Retail.

The total area devoted to retail activity shall not exceed twenty-five (25) percent of the total area of the building in which the accessory retail activity shall be located.

Restroom facilities, if provided, shall be directly accessible from the accessory retail/restaurant sales area.

Accessory retail sales areas shall be physically separated from other activity areas by a wall.

Accessory Structures.

No accessory building shall be constructed on a site without a principal building and a principal use.

Accessory structures shall have a maximum height of seventeen (17) feet, or the height of the principal building, whichever is less.

No accessory structure shall be constructed within or on an easement.

Location. An accessory structure shall be located as follows.

Completely within the required rear yard setback and five (5) feet from rear yard lot lines.

Completely within the buildable area of the lot and to the interior side or rear of the principal building.

At least ten (10) feet from the principal building unless constructed with a one (1) hour fire rating, in which case the accessory structure shall be set back at least six (6) feet from the principal building.

Wetland setbacks and buffers as specified in Article 7 may further limit the location of accessory structures.

Figure 15-4(8) Accessory Structures

Maximum Area.

Accessory structures shall not exceed one thousand two hundred (1,200) square feet in area.

Accessory structures may exceed one thousand two hundred (1,200) square feet on parcels in the RC - Countryside Residence, R-SE - Suburban/Estate Residence District, A - Agricultural District and A-P Agricultural Prime District subject to the issuance of a Conditional Use permit and the following regulations.

The minimum lot area shall be three (3) acres.

The maximum accessory structure size shall be five hundred (500) square feet per acre. No accessory structure shall exceed five thousand (5,000) square feet.

No accessory structure over one thousand two hundred (1,200) square feet shall exceed forty (40) feet in height.

An accessory structure over one thousand two hundred (1,200) square feet shall not be located closer to a side or rear lot line than a distance equal to its height.

An accessory structure over one thousand two hundred (1,200) square feet shall not be used for commercial or residential use.

Base Floor. A minimum base floor consisting of a concrete slab shall be provided for accessory structures over one hundred twenty (120) square feet, except such areas where domesticated animals and livestock are to be quartered as permitted by this Ordinance or the Municipal Code.

(Reserved)

Drive-Through.

Drive-throughs shall be permitted a maximum of four (4) total menu boards with a combined maximum area of one hundred (100) square feet.

Each menu board or pre-order board shall not exceed sixty (60) square feet in area and ten (10) feet in height. Menu boards and pre-order boards may utilize electrically activated changeable copy message centers for one hundred (100) percent of the permitted menu board or pre-order board area and shall follow all regulations of Section 15-6-07(F).

Any speaker or intercom associated with a drive-through shall not be audible beyond the boundaries of the property.

Drive-through canopies shall maintain a uniform and consistent roofline with the building to which the drive-through is associated.

Stacking spaces and lanes for drive-through stations shall not impede on- and off-street traffic movement, shall not cross off-street parking areas or drive aisles and shall not impede pedestrian access to a public building entrance.

Drive-through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked, or otherwise delineated.

Drive-through facilities shall be provided with a bypass lane with a minimum width of ten (10) feet unless an alternative means of exit is approved.

Stacking lanes shall have a minimum depth of twenty (20) feet per stacking space and the following minimum lane widths:

One (1) lane: twelve (12) feet;

Two (2) or more lanes: ten (10) feet per lane.

Drive-through facilities shall be required to provide a minimum number of stacking spaces as detailed in Table 15-4-13(F).

Table 15-4-13(F): Drive-Through Stacking Requirements
Use	Minimum Stack	Measure From
Automated Teller Machine	3 per machine	teller machine
Bank Teller Lane	2 per lane	teller or window
Restaurant	6 per order box	order box (1)
Carwash Stall, Automatic	5 per stall	stall entrance
Carwash Stall, Manual	3 per stall	stall entrance
Oil Change Shop	3 per service bay	service bay entrance
Pharmacy	4 per lane	machine or window

Notes:
(1)	4 of the required stacking spaces are to be located between the order-box and pick-up window, including the stacking space at the order box.

Figure 15-4(9) Drive-Through

Donation Drop Box.

Donation drop boxes shall be on properties that contain a legally existing and operating use.

No more than two (2) donation drop boxes shall be permitted on a lot.

Each donation drop box shall not exceed seven (7) feet in height and twenty-five (25) square feet in ground area.

Donation drop boxes shall only be located in side or rear yard setbacks.

Donation drop boxes shall be located on an asphalt or concrete paved surface.

Donation drop boxes shall not locate in a driveway or drive aisle and shall not reduce the width of paved clear space for the passage of pedestrians to less than five (5) feet. Boxes shall not locate in such a way as to disrupt the flow of vehicular or pedestrian traffic.

Donation drop boxes shall not be located nearer than forty (40) feet from an adjoining lot in a residential district.

Donation drop boxes shall be located to the side or rear of the primary facade of the building.

A notice must be permanently affixed to each donation drop box in a highly visible location prohibiting the placement of items outside of the box. The name and twenty-four (24) hour telephone number of the owner/operator must be permanently affixed to each donation drop box.

Electric Vehicle Charging Stations.

Equipment.

Electric vehicle charging stations that are accessory to all mixed-use, multifamily, and nonresidential uses shall be a Level 2 charging capacity.

Electric vehicle charging station equipment shall be protected by a wheel stop, curb, or bollards.

In parking lot applications, all connections of the charging station to electrical utility equipment shall be underground.

All electric vehicle charging station equipment shall comply with the National Fire Protection Association/National Electrical Code and be approved by the Underwriters Laboratory.

All equipment should be made of low-maintenance, durable materials and shall be vandal-proof to the extent possible.

All equipment shall provide a cord management system that minimizes tripping hazards for pedestrians. Charging cords may not cross sidewalks, walkways, or driveways.

Design Considerations.

Electric vehicle charging station equipment shall be located in a manner that will not obstruct pedestrian walkways. A minimum of three (3) feet of clear area shall be maintained.

Electric vehicle charging stations shall be located to optimize ease of use for all potential users.

Electric vehicle charging stations shall provide a safe and clearly delineated area for maneuvering around the vehicle for connecting to the equipment.

A sign indicating that the electric vehicle parking is for use while charging only shall be provided.

All charging stations shall be illuminated. Lighting shall comply with the limitations in Article 5.

Electrical Equipment Siting and Screening.

Electric vehicle charging stations shall be located to minimize the distance to electrical supply equipment.

When locating the electrical supply equipment consider blind spots and visibility obstructions for drivers and pedestrians.

To the extent practical, electrical supply equipment shall be screened by walls, fences, landscaping, or a combination thereof to be effective year-round.

Accessibility. A minimum of one (1) accessible charging station is required with any installation of electric vehicle charging stations. The accessible charging station shall provide equipment, reach, clear area, route, and other applicable building blocks to comply with the current Wisconsin Building Code and federal accessibility recommendations.

Maintenance.

The property owner on which electric vehicle charging stations are located is responsible for ensuring that the equipment is intact and will not pose a hazard to any visitors to the property. This shall include ensuring that cords are hung to prevent tripping hazards.

All electric vehicle charging station equipment shall be maintained to working condition. Equipment that is no longer functional must be decommissioned within sixty (60) days.

Home-Based Business.

The home-based business shall be conducted wholly within the principal building and any accessory building.

The home-based business shall only employ individuals that reside on site.

The home-based business shall encompass no more than twenty-five (25) percent of the floor area of the dwelling unit.

The home-based business shall not alter the outside appearance of the building, accessory structure, or premises that changes in a way that changes its residential character or appearance.

The outdoor display, storage, sale of goods, materials, merchandise, or equipment related to the home-based business shall be prohibited.

No mechanical equipment shall be used except such that is normally used for purely domestic or household purposes, and shall be contained within the principal or accessory building or structure.

No commodity or good produced off site shall be sold on the premises, displayed on the exterior or interior of the premises or warehoused on the premises for sale elsewhere.

No vehicular or pedestrian traffic shall be generated by such home-based business in greater volume than would normally be expected from the principal use.

No noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference created which is detectable to the normal senses outside the dwelling unit in excess of that normally associated with a residential household use shall be allowed.

The home-based business shall not generate refuse exceeding the amount allowable for regular residential pick up shall be generated by any home-based business.

The home-based business shall not generate or store toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials on the site except those which are ordinarily used for household.

Nuisance Causing Activities. No home-based business shall cause or create any nuisance, cause or create any substantial or undue adverse impact on any adjacent property or the character of the area, or threaten the public health, safety, or general welfare, or be noxious, offensive, or hazardous.

13.

Materials Which Decompose by Detonation Prohibited. No materials which decompose by detonation shall be allowed in conjunction with a home-based business.

14.

No home-based business shall be permitted which generates wastewater or water use in excess of the quantity typically required for a residential dwelling unit.

Outdoor Activity/Operation/Storage, Accessory.

Standards Applicable to Accessory Outdoor Activities, Operations, and Storage.

(Reserved)

Outdoor activity/operation/storage shall be located to the rear or interior side of the principal building on the lot.

Outdoor activity/operation/storage shall be prohibited in front or street side yards.

Outdoor activity/operation/storage shall be screened from the right-of-way of an existing or proposed arterial or collector roadway or a property zoned R-C, R-SE, R-SR, R-MF, R-V, B-N, B-MU, B-V Districts with:

A solid wall constructed from materials, not including metal, identical to those used on the exterior of the principal building, unless otherwise approved by the Plan Commission, and not less than six (6) feet and not more than eight (8) feet in height shall be erected to screen the portions of permanent outdoor activity and operations areas visible from an existing or proposed arterial or collector roadway or a property zoned in the R-C, R-SE, R-SR, R-MF, R-V, B-N, or B-SM Districts.

A bufferyard per Article 5, not less than five (5) feet wide, shall be located in front of the wall.

Standards Applicable to Accessory Outdoor Storage. The height of any item stored in an accessory outdoor storage area shall not exceed the height of the required screening wall.

Standards Applicable to Accessory Outdoor Activities and Operations.

Outdoor activities and operations shall be conducted between the hours of 7:00 a.m. and 9:00 p.m.

Outdoor activities and operations shall be set back a minimum of fifty (50) feet from all property lines when adjacent properties are zoned B-G and B-R Districts.

Outdoor activities and operations shall be set back a minimum of one hundred (100) feet from all property lines when adjacent properties in the R-C, R-SE, R-SR, R-MF, R-V, B-N, B-MU, and B-SM Districts.

Outdoor Dining.

The outdoor dining area shall be located on an approved hard paved surface or a deck or other feature appurtenant to the principal building as approved by the Zoning Administrator.

Outdoor dining areas may utilize a maximum of twenty (20) percent of the parking spaces required for the operation of the principal use or two thousand (2,000) square feet, whichever is less.

Outdoor dining areas shall not block a pedestrian walkway or public sidewalk in a manner which reduces the width of that walkway or sidewalk to less than five (5) feet.

A fence, landscape hedge, or wall with a height of four (4) feet shall be utilized to segregate the outdoor dining area.

Use of outdoor dining areas shall be limited to the posted operational hours of the associated eating and drinking use.

Review by the City Engineer and other City staff shall be required in addition to the review requirements of Section 15-9-03.

Outdoor Display/Sale of Merchandise.

Only those goods and materials associated with the existing on-site use may be displayed or sold.

Permanent outdoor display or sales areas shall not be located within any required yard setback or parking area.

Permanent outdoor display or sales areas shall be surfaced with an approved hard surface material.

Permanent outdoor display or sales areas shall not exceed ten (10) percent of the gross floor area of the primary building on the property unless approved as a Conditional Use.

Outdoor display/sale of merchandise shall be subject to Site Plan Review as specified in Article 9.

Solar Energy Collection System, Canopy.

The height of canopy solar energy collection systems shall not exceed the height of the principal building that the parking area serves.

The minimum height of solar energy collection systems shall allow clearance for emergency and service vehicles.

Figure 15-4(10) Solar Energy Collection System, Canopy

Solar Energy Collection System, Ground-Mounted.

Ground-mounted solar energy collection systems shall be permitted in the rear yard only.

The maximum height of ground-mounted solar energy collection systems shall be five (5) feet in height, measured from the grade at the base of the pole to the highest edge of the system.

Minimum clearance between the lowest point of the system and the surface on which the system is mounted is twelve (12) inches.

All parts of the freestanding system shall be set back ten (10) feet from the side and rear lot lines and shall not be located in a public utility easement.

No part of the freestanding system shall be visible from any public right-of-way.

Figure 15-4(11) Solar Energy Collection System, Ground-Mounted

Solar Energy Collection System, Roof-Mounted.

Roof-mounted solar energy collection systems may be located on any roof face of principal or accessory buildings. Systems should be flush-mounted when possible.

Systems on residential structures shall not extend beyond twelve (12) inches parallel to the roof surface of a pitched roof or flat roof.

Systems on nonresidential structures shall not extend beyond thirty-six (36) inches parallel to the roof surface of a pitched roof or flat roof.

Systems on all structures shall not extend above the highest peak of a pitched roof. Height is measured from the roof surface on which the system is mounted to the highest edge of the system.

All materials used for racking, mounts, mounting clamps, and flashings shall be of a color consistent with the color of the roof surface to minimize visibility.

Figure 15-4(12) Solar Energy Collection System, Roof-Mounted

Telecommunication Towers. Wireless telecommunications towers and antennas may be installed, erected and maintained, either as a principal or accessory use or structure, pursuant to the provisions of this Section. Telecommunications towers and antennas shall not be regulated or permitted as essential services, public utilities, or private utilities.

Purpose. The purpose of this Section is to strike a balance between the federal interest concerning the construction, modification and placement of telecommunications towers and antennas for use in providing personal wireless services, and the legitimate interest of the City of Franklin in regulating local zoning. The goals of this Section are to:

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

Minimize the total number of towers throughout the community;

Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

Consider the public health and safety of communication towers, and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

In furtherance of these goals, the City of Franklin shall give due consideration to the Comprehensive Master Plan, Zoning Map, and existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

Applicability.

New Towers and Antennas. All new towers or antennas in the City of Franklin shall be subject to these regulations.

Amateur Radio Station Operators/Receive Only Antennas. This Ordinance shall not govern any tower, or the installation of any antenna, that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

Pre-Existing Towers or Antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this Section.

Permit Required. No tower or antenna shall be installed unless the appropriate permit is first obtained by the owner or the owner's agent. The following levels of permits are required based on the scope and type of installation or modification:

New. A Conditional Use Permit shall be required for the installation of any new mobile service support structure;

Substantial Modification. Any substantial modification to an existing tower or antenna, as defined in § 66.0404 of the Wisconsin Statutes, will require an amendment to the originally approved Conditional Use Amendment;

Non-Substantial Modifications (Increase in Height, Width, or Equipment Compound). Any increase in the height or width of the support structure, or expansion of the equipment compound, that does not meet the criteria for a substantial modification will require a Site Plan Amendment;

Minor Modifications (No Increase in Height, Width, or Equipment Compound). Modifications that do not increase the height or width of the support structure or expand the equipment compound will require only Building Permits;

For definitions of terms such as mobile service support structure, substantial modification, equipment compound, and mobile service facility, refer to § 66.0404 of the Wisconsin Statutes.

Application Requirements. For each level of application (Conditional Use Permit, Substantial Modification, Non-Substantial Modification, or Minor Modification), the following specific information shall be included as part of the application submittal:

A scaled site plan clearly indicating the location, type and height of the proposed tower and appurtenant equipment, any proposed and existing structures, adjacent land uses and structures, adjacent roadways, on-site parking and driveways, tower and equipment setbacks from property lines, and other information deemed by the Planning and Zoning Administrator to be necessary to assess compliance with this Section;

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties;

The separation distance from all other towers, antennas or sites approved for towers, whether within or outside the City of Franklin, that are within one (1) mile of the proposed site, including specific information about the location, height, and design of each tower (the one (1) mile radius is an application information requirement only and shall not limit any consideration under Section 15-4-13(P)(10)(a)(iii);

Landscape Plan showing specific plant materials;

Method of fencing or other security design, installation or equipment, including location, materials and finished color and, if applicable, vegetative screening;

Description of compliance with Section 15-4-13(P)(6); and

A needs analysis clearly demonstrating why the proposed location is necessary for the operation of applicant's communication system.

General Requirements. In addition to compliance with all applicable regulations of this Section, the following standards shall apply for the installation of any tower or antenna:

Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association which are in effect at the time of issuance of the Building Permit for the subject tower. If, upon inspection, the Building Inspector concludes that a tower fails to comply with such codes and standards and/or constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards and/or makes same safe. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

State or Federal Requirements. All towers and antennas shall meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas which are in effect at the time of issuance of the Building Permit for the subject tower. If such standards and regulations are changed, then the owner of a tower and antenna governed by this Ordinance shall bring such tower and antenna into compliance with such revised standards and regulations within such time as is mandated by the controlling state or federal agency. If no compliance time is mandated by such other agency, but delegated locally and such revised standards and regulations are necessary to prevent danger to persons or property, the owner shall bring such tower and antenna into compliance within thirty (30) days of the effective date of such revised standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Collocation. A proposed tower shall be structurally and electrically designed to accommodate the applicant's antenna and comparable antennas for additional users. Towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. All special use permits granted under this Section shall require the permittee to allow collocation for such number of additional users as the permitted tower will support under existing technology and shall not make access to the tower and tower site for the additional users economically unfeasible. If additional user(s) demonstrate (through an arbitrator or other pertinent means, with the cost to be shared by the holder of the permit and the proposed additional use) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the special use permit shall be null and void.

Height. No tower or other structure supporting an antenna shall exceed two hundred (200) feet in height, subject to Section 15-4-13(P)(10)(a)(ii) shall be installed and maintained in accord with applicable state or local Building Codes, and in compliance with current standards of the FAA, FCC and any other agency of the state or federal government with the authority to regulate antennas. No antenna and no antenna support structure, including any antenna or other device attached thereto, shall extend more than twenty (20) feet above the highest point of the structure to which the antenna or antenna support structure is attached.

Setbacks. A tower shall be located pursuant to the zoning district setbacks applicable to the tower site, subject to Subsections (P)(6)(f) and (P)(10)(a)(i) below. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.

Separation Between Land Uses. Tower separation shall be measured from the nearest point of the base of the tower to the nearest point of the lot line of the adjoining off-site use and/or designated area as specified herein.

Table 15-4-13 (P)(5)(f): Land Use Separation Requirements
Land Use/Designated Area	Separation Distance
Single-family or two-family homes, Including modular homes or mobile homes used for living purposes; vacant land zoned for residential use which has been platted or has unexpired preliminary Subdivision Plat approval	Height of tower
Unplatted vacant land zoned for residential use and land designated by the Comprehensive Master Plan for future residential use	Height of tower
Multifamily dwellings	100% of height of tower
Land zoned for business and manufacturing use, or nonresidential use	No closer than 100% tower height from the building setback line upon any adjoining property, except where such adjoining property is undeveloped or is developed without habitable structures within 100% of the tower height from the building setback line on the tower site property; then, the building setback line of the tower site property, provided that the Common Council finds that such closer distance will not impede the orderly development of the applicable adjoining property.
Public street right-of-way	Zoning district regulations or setbacks of tower site or 50% of tower height from public right-of-way, whichever is greater.

Signs. No advertising material or signage other than warning or equipment information shall be allowed on any antenna or tower. This prohibition shall include the attachment to an antenna or tower of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, but not including weather devices.

Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

Fencing. A tower shall be enclosed by security fencing not less than six (6) feet in height and secured or otherwise secured by such design or security structure or equipment installation approved by the Common Council, so that it is not accessible by the general public. Fence or other security structure or equipment design, materials and colors shall reflect the character of the surrounding area.

Landscaping. A buffer of plant materials to effectively screen the tower compound from public view and from adjacent properties shall be provided. The minimum buffer shall consist of a landscaped strip at least five (5) feet in width outside the perimeter of the tower compound. Equipment cabinets or structures shall be screened from view by an evergreen hedge or other suitable vegetation, except where the use of non-vegetative screening would better reflect and complement the architectural character of the surrounding neighborhood. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Appurtenant Equipment and Buildings.

Antennas mounted on alternative tower structures or rooftops: the equipment cabinet or structure used in association with an antenna may be located on a roof provided that such equipment or structure is placed to be screened from public view as unobtrusively as possible. Equipment storage buildings or cabinets shall comply with all applicable building and Unified Development Code requirements.

Antennas mounted on utility poles, light poles or towers: the equipment cabinet or structure used in association with an antenna shall be sited in accordance with the development standards of the underlying zoning district. Any ground-located equipment cabinet or structure shall be designed either for expansion or attachment to like equipment facilities required by later collocation users.

Permitted Uses.

Cable Microcell Network. The installation of a cable microcell network may be permitted through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

Additional Collocated Antennas. Collocation of an additional antenna on an existing tower supporting an antenna, both previously permitted under this Section; provided, the collocated antenna array or equipment is similar in size and function to that installed by the holder of the special use permission for the tower, does not significantly alter the appearance or structural integrity of the tower approved and permitted under this Section, is fully in compliance with all conditions contained in the original Conditional Use permit, and site plan approval is obtained for such additional collocated antenna prior to installation.

Antennas Installed Upon Alternative Tower Structures. Antennas installed upon alternative tower structures and any antenna support structure; provided, site plan approval is obtained prior to installation, which approval shall include a finding of consent to such installation by the owner of the alternative tower structure, and such structure is located within those zoning districts specified under this UDO.

Monopole Tower in Replacement of a Water Tower Structure. A monopole tower not exceeding one hundred eighty (180) feet in height, without regard to antennas, to be installed in replacement of an alternative tower structure which pre-existed the adoption of the Wireless Telecommunications Towers and Antennas Ordinance on July 14, 1998, to wit: a water tower exceeding one hundred eighty (180) feet in height, located in an A-1 Agricultural District, shall be a permitted use, provided: the pre-existing water tower is removed pursuant to all laws, codes and ordinances prior to May 1, 2010; the monopole tower is installed in the immediate vicinity of the pre-existing water tower, and in which event, the setback from buildings on adjoining property shall not apply where the applicant owns the monopole tower site property and the subject adjoining property and the adjoining subject property is vacant, with any future building development of the adjoining property to not occur closer than the distance which is equal to one hundred (100) percent of monopole tower height; and site plan approval for the monopole tower is obtained, following the consideration by the Plan Commission of the purpose of the Wireless Telecommunications Towers and Antennas Ordinance, its other applicable provisions, and all other laws, codes and ordinances.

Removal of Abandoned Antennas and Towers. An antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City of Franklin notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The tower owner shall always remain liable for the removal of the tower and all antennas located thereon and no act or omission of the City shall be construed to release or waive such liability unless expressly waived or released in writing in the sole discretion of the City. Any special use permit or site plan approval granted shall include a requirement that the permittee post a performance bond or letter of credit approved by the City of Franklin Attorney, in an amount required by the Plan Commission as reasonably necessary so that the City Franklin remains secure that the tower or antenna will be removed without cost to the City. "Removal" of a tower or an antenna under this subsection means the removal of the entirety of the installation appurtenant to and serving the tower or antenna, including footings.

Nonconforming Uses.

Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a nonconforming use or structure, when located upon property supporting such nonconforming use or structure.

Pre-Existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such pre-existing towers. New construction on a pre-existing tower shall comply with the requirements of this Section.

Additional Special Use Permit Requirements.

Wireless Telecommunications Towers and Antennas.

Separation Between Towers. Separation distances between towers shall be applicable for a proposed tower and any pre-existing towers. The separation distance shall be measured by a straight line between the nearest point of the base of an existing tower and the nearest point of the base of a proposed tower.

Table 15-4-13(P)(10)(a): Tower Separation Requirements
New Tower Type	Existing Tower Type
New Tower Type	Monopole 75 Feet in Height or Greater	Monopole Less Than 75 Feet in Height
Lattice	1,500 ft	750 ft
Guyed	1,500 ft	750 ft
Monopole 75 feet in Height or Greater	1,500 ft	750 ft
Monopole Less Than 75 Feet in Height	750 ft	750 ft

Tower Height. The following criteria shall apply in determining the maximum height of a tower:

For a single user, up to two hundred (200) feet.

For two (2) users, up to two hundred (200) feet.

For three (3) or more users, up to two hundred (200) feet.

§ 15-4-14 Temporary Use-Specific Standards.

Availability of Suitable Existing Towers—Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Common Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to the Common Council to determine that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Variances. The provisions of Section 15-4-13(P)(6)(d), (e), and (f), and 15-4-13(P)(10)(a)(i) and (ii) shall be available to the variance regulations set forth under Section 15-9-07, provided the purposes set forth under Section 15-4-13(P)(1).

[Amended 10-7-2025 by Ord. No. 2025-2701]

A Temporary Use Permit is required for all temporary uses that are not specifically exempt from this requirement. Such temporary uses shall comply with the standards and conditions outlined in this Section. A Temporary Use is a short-term activity, not a permanent use of the property, but compatible with the existing use and neighboring properties and surrounding districts.

Duration of Temporary Uses. All temporary uses shall be limited to a maximum of one hundred eighty (180) days per calendar year, unless otherwise specified in the conditions of approval for a specific use.

Food Truck.

The location of a food truck on landscape areas, in required setbacks, an ADA parking stall, or a pedestrian path is prohibited.

Food trucks shall obtain written permission from the property owner(s) and shall submit such documentation as part of the temporary use approval process specified in Article 9. Food trucks are not allowed to operate in the public right-of-way.

A food truck, including all vending activity, tables, chairs, and trash receptacles may occupy no more than four (4) parking stalls or six hundred fifty (650) square feet of parking area, whichever is less.

Tables and chairs shall be permitted and located on improved or paved surfaces and shall not locate in parking stalls, landscape areas, or drive aisles, aside from the four (4) parking stalls designated for vending.

A minimum of one (1) trash receptacle and one (1) recycling receptacle shall be provided per food truck.

Required tables, chairs, and trash and recycling receptacles shall not be retained on site overnight.

Drive aisles, sidewalks, access to trash enclosures, and similar areas may not be blocked by any vending activity.

Food trucks shall be located a minimum of five hundred (500) feet from any brick-and-mortar restaurant as measured from the property line.

Food trucks shall hold a current Mobile Retail Food License.

Seasonal Sales.

Seasonal sales shall be permitted for a period not to exceed ninety (90) days per calendar year, unless otherwise approved.

Seasonal sales areas shall not block pedestrian walkways in a manner which reduces the width of that walkway to less than five (5) feet.

All tents, canopies, or other temporary structures shall require review and approval by the Building Inspector.

Temporary Concrete Batch Plants or Asphalt or Asphalt Reprocessing Plants (Including Materials Processing and Handling) and Temporary Stone Crushers.

A Temporary Use Permit for these uses may only be granted by the Plan Commission.

Routing Plan Required. The contractor shall submit a routing plan for trucks to and from the proposed plant to the Zoning Administrator and City Engineer for their review and recommendations as a condition prior to approval.

Financial Assurance Required for Potential Damage to Roads. The contractor shall provide a financial assurance in the amount requested by the City Engineer to pay for correcting any damage done to City or County roads during the course of said facility's operation and for the planned restoration of the site.

Access. Such facilities shall only be allowed access via arterial or collector roads or highways. Access via dedicated existing local residential roads and/or collector roads serving residential areas shall be prohibited.

Restoration Plan. A restoration plan shall be provided the City for review and approval of the City Engineer.

When Allowed. Such facilities shall be erected only in conjunction with a City, county, or state/federal highway or road improvements.

Maximum Period of Use. The allowable period of such use shall be for the period of such roadway or highway work with a maximum of an eight (8) month period.

General Location. Such facilities shall be located not less than one thousand (1,000) feet from any occupied building, with the exception of an associated accessory construction trailer/office which may be located on the same site.

Outside Sales Prohibited. No outside sales of batch plant materials shall be permitted. The sale of crushed stone shall not be permitted.

Site Plan of Operation and Facilities Required. Such facilities will be shown on a site plan and be contained within a maximum five (5) acre area.

Location of Stone Crushers. Stone crushers shall be located not less than one thousand (1,000) feet from any building used for residential purposes.