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:
A.
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;
B.
Regulate population density and distribution so
as to avoid sprawl or undue concentration and to facilitate the provision
of adequate public service and utilities;
C.
Regulate parking, loading, and access so as to lessen
congestion on, and promote the safety and efficiency of, the streets
and highways;
D.
Secure safety from fire, flooding, pollution, contamination,
panic, and other dangers;
E.
Stabilize and protect existing and potential property
values;
F.
Encourage compatibility between different land uses
and protect the scale and character of existing development from the
encroachment of incompatible development;
G.
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;
H.
Preserve and protect the beauty of the City of Franklin,
Wisconsin and environs;
I.
Further the orderly layout and appropriate use of
land;
J.
Prevent and control erosion, sedimentation, and
other pollution of the surface and subsurface waters;
K.
Further the maintenance of safe and healthful water
conditions;
L.
Prevent flood damage to persons and property to
minimize expenditures for flood relief and flood control projects;
M.
Provide for and protect a variety of suitable commercial
and industrial sites;
N.
Protect the traffic-carrying capacity of existing
and proposed arterial streets, highways, and collector streets;
O.
Facilitate adequate provisions for housing, transportation,
water supply, stormwater, wastewater, schools, parks, playgrounds,
and other public facilities and services;
P.
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;
Q.
Facilitate the further division of larger tracts
into smaller parcels of land;
R.
Ensure adequate legal descriptions and proper survey
monumentation of subdivided land;
S.
Avoid the harmful effects resulting from the premature
division of land;
T.
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;
U.
Provide for the administration and enforcement of
this Ordinance;
V.
Provide penalties for the violation of this Ordinance;
and
W.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
