These regulations are adopted under the authority granted by §§ 62.23(7), 62.231, 62.234, 66.1027, 87.30, 144.26, and 236.45 of the Wisconsin Statutes and amendments thereto. Therefore, the Common Council of the City of Franklin does ordain as follows:
This Ordinance shall be known as, referred to, or cited as, "Unified Development Ordinance, City of Franklin, Wisconsin."
The purpose of this Ordinance is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of the City of Franklin, Wisconsin and to regulate and control the division of land within the limits of the City of Franklin, Wisconsin, and its extraterritorial plat approval jurisdiction in order to promote the public health, safety, morals, prosperity, aesthetics, and general welfare of the City and its environs.
It is the general intent of this Ordinance to regulate the division of land and restrict the use of all structures, lands, and waters so as to:
Regulate and restrict lot coverage and the size and location of all structures so as to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage;
Regulate population density and distribution so as to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities;
Regulate parking, loading, and access so as to lessen congestion on, and promote the safety and efficiency of, the streets and highways;
Secure safety from fire, flooding, pollution, contamination, panic, and other dangers;
Stabilize and protect existing and potential property values;
Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible development;
Further the wise use, conservation, protection, and proper development of the City's natural resources including soils, topography and steep slopes, water, floodplains, shore buffers, shorelands, drainageways, wetlands and shoreland wetlands, woodlands and forests, and wildlife resource features and attain a proper adjustment of land division, land use and development to the supporting and sustaining natural resource base;
Preserve and protect the beauty of the City of Franklin, Wisconsin and environs;
Further the orderly layout and appropriate use of land;
Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;
Further the maintenance of safe and healthful water conditions;
Prevent flood damage to persons and property to minimize expenditures for flood relief and flood control projects;
Provide for and protect a variety of suitable commercial and industrial sites;
Protect the traffic-carrying capacity of existing and proposed arterial streets, highways, and collector streets;
Facilitate adequate provisions for housing, transportation, water supply, stormwater, wastewater, schools, parks, playgrounds, and other public facilities and services;
Restrict building sites in areas covered by poor soils or in other areas poorly suited for development due to natural resource features or other characteristics;
Facilitate the further division of larger tracts into smaller parcels of land;
Ensure adequate legal descriptions and proper survey monumentation of subdivided land;
Avoid the harmful effects resulting from the premature division of land;
Implement those municipal, County, watershed, or regional comprehensive plans or their components adopted by the City and in general facilitate enforcement of those development standards as set forth in the adopted regional, County, and municipal local comprehensive master plans, master plan, comprehensive plan, neighborhood plans, planning district plans, adopted plan components, Unified Development Ordinance, and Building Code of the City of Franklin, Wisconsin;
Provide for the administration and enforcement of this Ordinance;
Provide penalties for the violation of this Ordinance; and
Discourage development in floodplains if there is any practicable alternative to locate the activity, use or structure outside of the floodplain.
It is not intended by this Ordinance to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to laws. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern.
In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
Part, Division, Section, Provision, or Portion of this Ordinance. If any part, division, section, provision, or portion of this Ordinance is adjudged unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
Application of this Ordinance to a Particular Structure, Land, or Water. If an application of this Ordinance to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgement shall not be applicable to any other structure, land, or water not specifically included in said judgement.
Floodplain Zoning. The degree of flood protection provided by the Ordinance is considered reasonable for regulatory purpose and is based on engineering experience and scientific methods of study. On rare occasions, larger floods may occur or the flood height may be increased by man-made or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this Ordinance does not imply that areas outside the delineated floodplain or land uses permitted within the floodplain will be totally free from flooding and the associated flood damages. Nor shall this Ordinance create a liability on the part of, or a cause of action against, the City of Franklin or any office or employee thereof for any flood damages that may result from reliance on this Ordinance.
Floodplains Delineated on Certified Survey Maps, Subdivision Plats, or Condominiums. The City does not guarantee, warrant, or represent that only those areas delineated as floodplains on Certified Survey Maps, Subdivision Plats, or Condominiums will be subject to periodic inundation, nor does the City guarantee, warrant, or represent that the soils shown to be unsuited for a given land use from tests required by this Ordinance are the only unsuited soils within the jurisdiction of this Ordinance; and thereby asserts that there is no liability on the part of the City, Common Council, Plan Commission, its agencies, and contractors, or employees for flooding problems, sanitation problems, or structural damages that may occur as a result of reliance upon, and conformance with, this Ordinance.
When New Unified Development Ordinance Shall Apply. All work, structures, and uses authorized by permits issued prior to the effective date of this Ordinance or any amendment thereto shall not be affected by this Ordinance. Except as provided in Paragraphs B., C., D., and E. below of this Section, no Zoning Compliance Permit shall or Special Use Permit shall be issued following the effective date of this Ordinance or any amendment thereto unless the work, structure, or use for which the Zoning Compliance Permit or Special Use Permit is sought is made to fully comply with the applicable provisions of this Ordinance or any such amendment thereto.
Right to Complete Construction Pursuant to Approved Plans and Permits. Nothing in this Ordinance, or any amendment thereto, shall be deemed to require any change in the plans, construction, or designated use of any structure if a Building Permit (also see Paragraph C. of this Section) and/or Certificate of Occupancy for such structure was lawfully and properly issued prior to the effective date of this Ordinance, or any such amendment thereto, and such Building Permit and/or Certificate of Occupancy had not by its own terms expired prior to such effective date of this Ordinance, and construction pursuant to such permit is commenced prior to the expiration date of such permit.
Building Permits. Where a Building Permit for a building or structure has been issued in accordance with law prior to the effective date of this Ordinance, and provided that construction is begun within 90 days of such effective date and the exterior of the building or structure is completed within one-year of such effective date, said building or structure may be completed in accordance with the approved plans on the basis of which the Building Permit has been issued; and further, may, upon completion, be occupied under a Certificate of Occupancy by the use for which originally designated, subject thereafter to the provisions of Division 15-3.1000 of this Ordinance.
Right to Occupy as Nonconformity. Upon completion pursuant to Paragraph B. and C. of this Section, such building or structure may be occupied by, and a Zoning Compliance Permit and/or Certificate of Occupancy shall be issued for, the use designated on such Zoning Compliance Permit and/or Certificate of Occupancy, subject thereafter, to the extent applicable, to the provisions of Division 15-3.1000 of this Ordinance relating to nonconformities.
Preliminary Subdivision Plats. Any preliminary subdivision plat filed prior to the effective date of this Ordinance [the Unified Development Ordinance; August 1, 1998] shall vest such approval rights as are afforded any subsequently filed final plat as authorized and allowed under § 236.11(1)(b), Stats. and § 15-9.0304D. of this Ordinance.
When Unified Development Ordinance Shall Apply. This Ordinance, and any amendment thereto, shall apply to all applications pending and not finally decided on the effective date thereof to which it would apply if such applications were filed on or after such effective date; provided, however, that nothing in this Ordinance shall be deemed to require any change in any Preliminary Subdivision Plat, Final Subdivision Plat, or Certified Survey Map that has been submitted prior to such effective date and which Preliminary Subdivision Plat, Final Subdivision Plat, or Certified Survey Map application shall be processed in accordance with the standards and requirements that were in effect on the date such application was filed.; and provided further, that this Ordinance shall not apply to any zoning variance application that was on file with the City of Franklin and complete in all material respects prior to such effective date, and which zoning variance application shall be processed in accordance with the standards and requirements that were in effect on the date such application was filed.
Zoning Administration. Within 30 days after the effective date of this Ordinance, or any amendment thereto, the Zoning Administrator shall inform each applicant to which this Ordinance applies that said application is subject to the provisions of this Ordinance (except pending applications for Preliminary Subdivision Plats, Final Subdivision Plats, or Certified Survey Maps), as amended, and will be processed in accordance therewith; that the applicant may within 30 days after the mailing of such notice refile, without additional fee, its application on the basis of this Ordinance, as amended; and that if the applicant does not refile, its application may be denied for noncompliance with the provisions of this Ordinance, as amended.
Duty of Applicant. Notwithstanding the provisions of Paragraph B. of this Section, it shall be the responsibility of each applicant having an application pending on the effective date of this Ordinance (except pending applications for Preliminary Subdivision Plats, Final Subdivision Plats, or Certified Survey Maps), or any amendment thereto, to modify such application in accordance with the terms and provisions of this Ordinance, as amended, and the failure to do so, whether or not the procedures of said Section have been followed, may result in the denial of such application for failure to comply with this Ordinance, as amended. Any modification or refiling of an application pending on such effective date in order to comply with the provisions of this Ordinance, as amended, shall be permitted at any time prior to the final disposition of such application and shall be permitted without payment of any additional fee.
Processing of Pending Applications. Upon the refiling of any pending application as herein provided, or upon notification from the applicant that applicant will not refile or modify the application, or upon the expiration of 60 days after the effective date of this Ordinance or any amendment thereto, whichever occurs first, such pending application shall be processed in accordance with the terms of this Ordinance, as amended; provided, however, that the application requirements, hearing requirements, and procedural requirements set forth in Part 9 of this Ordinance shall not apply to any such pending application and each application shall be processed in accordance with the application, hearing, and procedural requirements that were in effect on the date that such application was filed. Notwithstanding any other provision of this Section, the Zoning Administrator shall have the authority to request additional data, information, or documentation for pending applications when, in the Zoning Administrator's judgement, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application.
Repeal of Zoning Ordinance. The City of Franklin Ordinance No. 221 adopted on February 6, 1968 and subsequent amendments thereto, relating to the zoning of land is hereby repealed and all other Ordinances or parts of Ordinances of the City of Franklin inconsistent or conflicting with this Ordinance, to the extent of the inconsistency or conflict only, are hereby repealed, excepting Section 8.5 of Ordinance No. 221 (B-4 Regional Shopping District) and Section 12.1 of Ordinance No. 221 (C-1 Conservancy District), which shall remain in effect until such time, after duly held public hearing, as the Common Council rezones the lands in a B-4 or C-1 zoning pursuant to Ordinance No. 221 to a zoning district provided for within this Ordinance. Immediately upon approval of said rezonings, the aforementioned §§ 8.5 and 12.1 shall be repealed without further public hearing.
Repeal of Subdivision and Platting Ordinance. The City of Franklin Subdivision and Platting Ordinance (Chapter 21 of the City of Franklin Municipal Code) adopted on July 13, 1965, and subsequent amendments thereto, is hereby repealed.