The purpose of Division 15-2.0100 is to define the scope of
the City of Franklin Unified Development Ordinance.
A.
General Jurisdiction. The jurisdiction of this Ordinance
shall apply to all structures, lands, water, and air within the corporate
limits of the City of Franklin.
B.
Application of this Ordinance to Divisions of Tracts
of Land Into Less than Five Parcels. The provisions of this Ordinance
as it applies to divisions of tracts of land into less than five parcels
shall not apply to:
1.
Transfers of Interests in Land by Will or Court
Order. Transfers of interests in land by will or pursuant to court
order.
2.
Leases. Leases for a term not to exceed 10 years,
mortgages, or easements.
3.
Sale or Exchange of Parcels of Land Between Owners
of Adjoining Property. Sale or exchange of parcels of land between
owners of adjoining property if additional lots are not thereby created
and the lots resulting are not reduced below the minimum sizes required
by the Unified Development Ordinance or other applicable laws or ordinances.
4.
Cemetery Plats. Cemetery plats made under Wisconsin
Statutes 157.07.
5.
Assessors' Plats. Assessors' plats made under Wisconsin
Statutes 70.27, but such assessors' plats shall comply with Wisconsin
Statutes 236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (e).
A.
General Compliance. No structure, development, land,
water, or air shall hereafter be used and no structure or part thereof
shall hereafter be located, erected, moved, reconstructed, substantially
improved, extended, enlarged, converted, or structurally altered without
a Building or Zoning Compliance Permit, and without full compliance
with the provisions of this Ordinance and all other local, county,
and state regulations. In addition, the following general provisions
shall be complied with:
1.
Wisconsin Department of Natural Resources. Rules
of the Wisconsin Department of Natural Resources, Division of Environmental
Protection, as amended, setting water quality standards for preventing
and abating pollution and for regulating development within floodplain,
wetland, and shoreland areas.
2.
Comprehensive Plans or Master Plans. Comprehensive
or master plans, plans prepared by state, regional, county, or municipal
agencies duly adopted by the Plan Commission, or components of such
plans as amended.
3.
City of Franklin Unified Development Ordinance.
The City of Franklin Unified Development Ordinance and all other applicable
local and county ordinances as amended.
4.
Wisconsin Administrative Code. All applicable rules
contained in the Wisconsin Administrative Code, as amended, not listed
in this Section.
5.
U.S. Army Corps of Engineers and U.S. Environmental
Protection Agency. Rules of the U.S. Army Corps of Engineers and U.S.
Environmental Protection Agency as amended.
6.
Americans with Disabilities Act (ADA) Accessibility
Guidelines. The requirements of the "Americans with Disabilities Act
(ADA) Guidelines for Buildings and Facilities" as documented in the
Federal Register, Vol. 56, No. 144, July 26, 1991, as amended.
7.
Other Applicable Federal and State Laws and Regulations.
All other applicable federal and state laws and regulations as amended.
B.
Zoning Compliance. The following specific zoning
provisions shall be complied with:
1.
Changes in Structures or Use. Except as may otherwise
be provided in Division 15-3.1000, nonconforming buildings, structures
and uses, all buildings erected hereafter, all uses of land or buildings
established hereafter, all structural alterations or relocation of
existing buildings occurring hereafter, and all enlargements of or
additions to existing uses occurring hereafter, shall be subject to
all regulations which are applicable to the zoning districts in which
such buildings, uses, or land shall be located.
2.
Nonconforming Buildings, Structures, and Uses. Any
lawfully established building, structure, or use existing at the time
of enactment of this Ordinance, may be continued, even though such
building, structure, or use does not conform to the provisions of
the zoning district in which it is located. Whenever a zoning district
is changed thereafter, the then existing lawful use may be continued,
subject to the provisions of Division 15-3.1000 of this Ordinance.
3.
Site Suitability. No land shall be used or structure
erected where the land is held unsuitable for such use or structure
by the Plan Commission by reason of flooding, concentrated runoff,
inadequate drainage, adverse soil or rock formation, erosion susceptibility,
or any other feature likely to be harmful to the health, safety, prosperity,
aesthetics, and general welfare of this community. The Plan Commission,
in applying the provisions of this Ordinance, shall, in writing, recite
the particular facts upon which it bases its conclusion that the land
is not suitable for certain uses. The applicant shall have an opportunity
to present evidence contesting such unsuitability if so desired. Thereafter,
the Plan Commission may affirm, modify, or withdraw its determination
of unsuitability.
a.
Lots Abutting Public Streets with Inadequate Street
Right-of-Way Dedication or Improvements. No Building Permit shall
be issued for a lot which abuts a public street dedicated to only
a portion of its proposed width.
b.
Private Sewer and Water. In any district where a
public water service or public sewage service is not available, the
lot width and area shall be determined in accordance with Chapter
ILHR 83 of the Wisconsin Administrative Code as amended, but for one-family
dwelling lots (1) except those lots which were lot(s) of record existing
prior to the effective date of the Unified Development Ordinance on
August 1, 1998, and (2) those lots of record created by minor division,
which lot(s) of record created by minor division are served by public
sanitary sewer and for which lot(s) the Common Council on or after
August 1, 1998, has denied the extension of public water shall have
a frontage of not less than 150 feet and an area of not less than
40,000 square feet, respectively. In any district where public sewerage
service is not available, the width and area of all lots shall be
sufficient to permit the use of an on- site sewage disposal system
designed in accordance with the Wisconsin Administrative Code, as
amended, but not less than the width and size as previously stated.
c.
Lots Abutting More Restricted District Boundaries.
Lots abutting more restricted district boundaries shall provide side
and rear yards not less than those required in the more restrictive
abutting district. The street yards on the less restrictive district
shall be modified for a distance of not more than 60 feet from the
district boundary line so as to equal the average of the street yards
required in both districts.
d.
Land or Lot Divisions. Land or lot divisions shall
be approved by the Plan Commission prior to the issuance of a Building
Permit for said land or lot division and shall be subject to the applicable
requirements of this Ordinance. All land division shall conform to
the provisions of this Ordinance.
C.
Land Division and Condominium Compliance. No person,
firm, or corporation shall divide any land located within the jurisdictional
limits of these regulations so that such division results in a subdivision,
minor land division, condominium or replat; as defined herein; without
compliance with all requirements of this Ordinance and the following
documents:
1.
Wisconsin Statutes. Chapters 236 and 703 and Section
80.08 of the Wisconsin Statutes and any subsequent amendments thereto.
2.
Wisconsin Department of Industry, Labor, and Human
Relations, Division of Health. Rules of the Wisconsin Department of
Industry, Labor, and Human Relations, Division of Health regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.
3.
Wisconsin Department of Transportation. Rules of
the Wisconsin Department of Transportation, as contained in Wisconsin
Administrative Code Chapter HY 33 as amended, relating to safety of
access and the preservation of the public interest and investment
in the highway system if the land owned or controlled by the Subdivider
abuts on a state trunk highway or connecting street.
