City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
A. 
General Standards. No special use permit shall be recommended or granted pursuant to this Ordinance unless the applicant shall establish the following:
1. 
Ordinance and Comprehensive Master Plan Purposes and Intent. The proposed use and development will be in harmony with the general and specific purposes for which this Ordinance was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the City of Franklin Comprehensive Master Plan or element thereof.
2. 
No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.
3. 
No Interference with Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable zoning district regulations.
4. 
Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the applicant will provide adequately for such facilities.
5. 
No Traffic Congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. 
No Destruction of Significant Features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.
7. 
Compliance with Standards. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Common Council pursuant to the recommendations of the Plan Commission. The proposed use and development shall comply with all additional standards imposed on it by the particular provision of this Division and Ordinance authorizing such use.
B. 
Special Standards for Specified Special Uses. When the zoning district regulations authorize a special use in a particular zoning district and that special use is indicated as having special standards, as set forth in § 15-3.0702 and 15-3.0703 of this Division, a Special Use Permit for such use in such zoning district shall not be recommended or granted unless the applicant shall establish compliance with all such special standards.
C. 
Considerations. In determining whether the applicant's evidence establishes that the foregoing standards have been met, the Plan Commission and the Common Council shall consider the following:
1. 
Public Benefit. Whether and to what extent the proposed use and development at the particular location requested is necessary or desirable to provide a service or a facility that is in the interest of the public convenience or that will contribute to the general welfare of the neighborhood or community.
2. 
Alternative Locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at some other site or in some other area that may be more appropriate than the proposed site.
3. 
Mitigation of Adverse Impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.
4. 
Establishment of Precedent of Incompatible Uses in the Surrounding Area. Whether the use will establish a precedent of, or encourage, more intensive or incompatible uses in the surrounding area.
D. 
Conditions on Special Use Permits. The Plan Commission may recommend, and the Common Council may impose, such conditions and limitations concerning use, construction, character, location, landscaping, maintenance, screening, operation, hours of operation, and other matters relating to the purposes and objectives of this Ordinance upon the premises benefited by the issuance of a Special Use Permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property, upon such public facilities and services, protection of the public interest, and to secure compliance with the standards and requirements specified in this Ordinance. Such conditions shall be expressly set forth in the ordinance granting the Special Use Permit, and the Common Council may require the unconditional consent of the applicant to such conditions. Violation of any such condition or limitation shall be a violation of this Ordinance and shall constitute grounds for revocation of the Special Use Permit.
E. 
Affidavit of Compliance with Conditions. In all cases in which special uses are granted, the Common Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with. Whenever any Special Use Permit granted pursuant to this Ordinance is made subject to conditions or limitations to be met by the applicant, the applicant shall, upon meeting such conditions, file an affidavit with the Zoning Administrator so stating.
F. 
Effect of Issuance of a Special Use Permit. The grant of a Special Use Permit shall not authorize the establishment or extension of any such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances and codes of the City of Franklin, including but not limited to Building Permit, Zoning Compliance Permit, land division approval, site plan approval, or other type of permit or approval.
G. 
Limitations on Special Use Permits.
1. 
Time Limitations. Subject to an extension of time granted by the Common Council, upon recommendation of the Plan Commission, no Special Use Permit shall be valid for a period longer than one year unless a Building Permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Zoning Compliance Permit is issued and a use commenced within that period.
2. 
Use Discontinuance. A Special Use Permit shall be deemed to authorize only the particular use for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.
3. 
Special Use Permit Runs with Land and Not the Applicant. Except when otherwise provided in the resolution granting a Special Use Permit, a Special Use Permit shall be deemed to relate to, and to be for the benefit of, the use and lot in question rather than the applicant, owner, or operator of such use or lot.
4. 
Additions and Enlargements to Legal Special Uses. Any additions or enlargements of an existing legally granted special use for which a Special Use Permit has been issued may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Ordinance for its original approval.
5. 
Additions and Enlargements to Illegal Special Uses. Any additions or enlargements of an existing illegal special use for which a Special Use Permit has not been issued shall not be allowed unless the entire use is made to conform to all the regulations of the zoning district in which it is located and pursuant to the procedures and subject to the standards and limitations provided in this Ordinance.
H. 
Amendments to Special Use Permits. A Special Use Permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this Ordinance for its original approval.
A. 
Open Space Subdivision. The following specific requirements and standards shall apply to all "Open Space Subdivision" options in the R-1, R-2, R-3, R-3E, R-4, R-5, R-6, and R-7 Districts:
1. 
Must Meet District Standards. All "Open Space Subdivisions" shall meet the applicable open space ratio, density, lot dimension, living area per dwelling unit, and height requirements for both the zoning district and "Open Space Subdivision" option selected.
2. 
Conservation and/or Open Space Preservation Easements. All "Open Space Subdivisions" shall have submitted conservation and/or open space preservation easements regulating the protection of natural resource features and/or open space in the proposed development. Such documents shall assure that all such conservation and/or open space preservation easements are held privately and in perpetuity under a Wisconsin non-profit membership corporation (homeowners' association). Said conservation and/or open space preservation easements shall cover the total required Open Space Ratio, or OSR, area of the Open Space Subdivision.
3. 
Wisconsin Non-Profit Membership Corporation (Homeowners' Association). All "Open Space Subdivisions" shall have submitted the legal instruments and rules for the creation of a Wisconsin non-profit membership corporation (homeowners' association). Said non-profit membership corporation shall be responsible for maintaining all open space areas and conservation and/or open space easements in the development.
4. 
City Attorney Review. The City Attorney shall review all conservation and/or open space easements and homeowners' associations and shall approve said instruments as to form.
5. 
Minimum Required Width of Open Space When Abutting an Adjacent "Conventional Subdivision." A minimum fifty-foot-wide open-space buffer shall be provided between an "Open Space Subdivision" and an abutting "Conventional Subdivision." Said open space buffer shall be protected by a conservation and/or open space preservation easement and shall count towards the total required amount of open space for the "Open Space Subdivision."
B. 
Stables, Private. The following specific standards shall be used in the R-1, R-1E, and R-2 Districts:
1. 
Minimum Lot Area. The minimum lot area shall be 3.0 acres. This minimum lot area shall be increased by 40,000 square feet for each equine in addition to three.
2. 
Required Setbacks. The following minimum setbacks shall also be provided:
a. 
On parcels of land less than 200,000 square feet, all feed and bedding shall be stored indoors.
b. 
On parcels of land 200,000 square feet or more, piles of feed or bedding shall be located 75 feet from any public street right-of-way or lot line of an adjacent nonresidential district and 100 feet from any lot line of an adjacent residential district lot line, in order to minimize odor and nuisance problems.
3. 
Pasture Location. Pasture area may extend to the lot line.
4. 
Manure Maintenance. Manure piles shall be stored, removed, and/or applied in accordance with applicable City requirements.
5. 
Stable Location. All points on the perimeter of any stable building or corral shall be at least 30 feet from the nearest boundary line or right-of-way line of the parcel on which it is located.
C. 
Ch. 980 Stats. supervised release and crimes against children sex offender use. "Person" as used within this Subsection, shall have the meaning set forth within § 167-2. of the Municipal Code. The following factors, in addition to the general standards for special uses to be established by an applicant under § 15-3.0701 of this Ordinance, shall be established by an applicant for a Ch. 980 Stats. supervised release and crimes against children sex offender use:
1. 
Residency Restrictions. No Ch. 980 Stats. supervised release and crimes against children sex offender use may be established or exist within 2,000 feet of the real property comprising any of the following:
a. 
Any facility for children (which means a public or private school, a group home, as defined in § 48.02 (7), Stats., a residential care center for children and youth, as defined in § 48.02 (15d), Stats., a shelter care facility, as defined in § 48.02 (17), Stats., a foster home, as defined in § 48.02 (6), Stats., a treatment foster home, as defined in § 48.02 (17q), Stats., a day care center licensed under § 48.65, Stats., a day care program established under § 120.13 (14), Stats., a day care provider certified under § 48.651, Stats., or a youth center, as defined in § 961.01 (22), Stats.);
b. 
Any facility used for:
1. 
A public park, parkway, parkland, park facility;
2. 
A public swimming pool;
3. 
A public library;
4. 
A recreational trail;
5. 
A public playground;;
6. 
A school for children;
7. 
Athletic fields used by children;
8. 
A movie theatre;
9. 
A daycare center;
10. 
The Milwaukee County Sports Complex and grounds;
11. 
A ski hill open to the public;
12. 
Any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school;
13. 
A public or private golf course or range; and
14. 
Aquatic facilities open to the public.
The distance shall be measured from the closest boundary line of the real property supporting the residence of a person to the closest real property boundary line of the applicable above enumerated use(s). A map depicting the above enumerated uses and the resulting residency restriction distances, as amended from time to time, is on file in the Office of the City Clerk for public inspection.
2. 
Residency Restriction Exceptions. A person residing within or a Ch. 980 Stats. supervised release and crimes against children sex offender use within 2,000 feet of the real property comprising any of the uses enumerated in Subs. 1. above, does not commit a violation of this Subsection if any of the following apply:
a. 
The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility or the use results therefrom.
b. 
The person has established a residence/Ch. 980 Stats. supervised release and crimes against children sex offender use prior to the effective date of this Subsection on December 16, 2006, which is within 2,000 feet of any of the uses enumerated in Subs. 1. above, or such enumerated use is newly established after such effective date and it is located within such 2,000 feet of a residence of a person/Ch. 980 Stats. supervised release and crimes against children sex offender use, which was established prior to the effective date of this Chapter.
c. 
The person residing in the Ch. 980 Stats. supervised release and crimes against children sex offender use is a minor or ward under guardianship.
3. 
Original Domicile Restriction. In addition to and notwithstanding the foregoing, but subject to Subs. 2. above, no person and no individual who has been convicted of a sexually violent offense and/or a crime against children, shall be permitted to reside in the City of Franklin and no such Ch. 980 Stats. supervised release and crimes against children sex offender use shall be established in the City of Franklin, unless such person was domiciled in the City of Franklin at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.
4. 
Child Safety Zones. No person who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children, as defmed in § 167-2. of the Municipal Code, shall enter or be present upon any real property upon which there exists any facility used for or which supports a use of:
a. 
Any facility for children (which means a public or private school, a group home, as defined in § 48.02 (7), Stats., a residential care center for children and youth, as defined in § 48.02 (15d), Stats., a shelter care facility, as defined in § 48.02 (17), Stats., a foster home, as defined in § 48.02 (6), Stats., a treatment foster home, as defined in § 48.02 (17q), Stats., a day care center licensed under § 48.65, Stats., a day care program established under § 120.13 (14), Stats., a day care provider certified under § 48.651, Stats., or a youth center, as defined in § 961.01(22), Stats.);
b. 
Any facility used for:
1. 
A public park, parkway, parkland, park facility;
2. 
A public swimming pool;
3. 
A public library;
4. 
A recreational trail;
5. 
A public playground;;
6. 
A school for children;
7. 
Athletic fields used by children;
8. 
A movie theatre;
9. 
A daycare center;
10. 
The Milwaukee County Sports Complex and grounds;
11. 
A ski hill open to the public;
12. 
Any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school;
13. 
A public or private golf course or range; and
14. 
Aquatic facilities open to the public;
and no such enumerated uses shall be used to allow such person upon the property supporting such use. A map depicting the locations of the real property supporting the above enumerated uses, as amended from time to time, is on file in the Office of the City Clerk for public inspection.
5. 
Child Safety Zone Exceptions. A person does not commit a violation of Subs. 4. above and the enumerated uses may allow such person on the property supporting such use if any of the following apply:
a. 
The property supporting an enumerated use under Subs. 4. also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:
1. 
Entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and
2. 
Written advance notice is made from the person to an individual in charge of the church and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person; and
3. 
The person shall not participate in any religious education programs which include individuals under the age of 18.
b. 
The property supporting an enumerated use under Subs. 4. also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:
1. 
Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and
2. 
Written advance notice is made from the person to an individual in charge of the use upon the property and approval from an individual in charge of the use upon the property as designated by the owner of the use upon the property is made in return, of the attendance by the person.
c. 
The property supporting an enumerated use under Subs. 4. also supports a polling location in a local, state or federal election, subject to the following conditions:
1. 
The person is eligible to vote;
2. 
The designated polling place for the person is an enumerated use; and
3. 
The person enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is provided to any member of the electorate; and the person vacates the property immediately after voting.
d. 
The property supporting an enumerated use under Subs. 4. also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.
6. 
Violations. Violations of this Subection shall be subject to those remedies and penalities as are set forth under § 167-8. of the Municipal Code for violations of the residency restriction and child safety zone regulations, respectively, and those set forth under § 15-9.0502 of this Ordinance.
A. 
Amusement Parks. The following standards shall apply to all amusement parks:
1. 
Contiguity with Arterial of Collector Street Required. All amusement parks shall be located contiguous to an arterial or collector street.
2. 
Bufferyard Requirements. A landscaped bufferyard opacity value of 1.00 (see Division 15-5.0300 of this Ordinance) shall be provided along all property lines of the entire amusement park and said amusement park shall be enclosed with a masonry wall of at least eight feet or more in height so as to discourage entrance from areas other than the designated entrances to said facilities; or enclosed by an earthen berm of at least eight feet in height or higher and a chain-link fence, fully screened from view by vegetation so as to discourage entrance from areas other than the designated entrances to said facilities.
3. 
Property Abutting Residential Zoning District. If the property abuts a residential zoning district, then a bufferyard with a minimum width of 100 feet comprised of an earthen berm equal to the height of the top of the roofs shall be constructed with a slope of no greater than two to one (2:1), and landscaping installed to provide 100% canopy cover over said bufferyard area. A minimum level of opacity of said bufferyard shall be 1.00 (see Division 15-5.0300 of this Ordinance).
4. 
Lighting. All off-street parking areas and access ways shall be adequately illuminated. Cut-off lighting shall be required. The total cut-off of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cut-off angle intersects the ground and so that no light can be viewed from said residential districts.
5. 
Loudspeaker and Announcement Systems. Loudspeaker and announcement systems shall be so located with respect to the zoning district boundaries so that the level of sound, as measured in decibels, as measured at the property line shall not exceed 40 db during the hours of 9:00 a.m. to 6:00 p.m. or 35 db during the time period from 6:00 p.m. to 10:00 p.m.
6. 
Minimum Required Site Area. The minimum acreage required for an amusement park shall be 100 acres.
B. 
Animal Hospitals and Veterinary Clinics. Animal hospitals and veterinary clinics shall meet the following requirements:
1. 
Activities to be Conducted within Enclosed Building. All activities, except animal exercise areas, shall be conducted within an enclosed building which allows for adequate ventilation.
2. 
Minimum Building Distance from Adjoining Residential Zoning District. Buildings housing animal hospitals and veterinary clinics which are fully enclosed, shall be located no closer than 75 feet from any adjacent residential zoning district. Buildings housing animal hospitals or veterinary clinics which are not fully enclosed, shall be located no closer than 150 feet from any adjacent residential zoning district.
3. 
Enclosed Exercise Areas. Enclosed exercise areas shall be not less than 100 feet from any residential zoning district. The operator of the animal hospital or veterinary clinic shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise. All exercise areas shall be enclosed by a fence and adjacent to the principal building.
C. 
Apartment, Commercial. Commercial apartments shall meet the following requirements:
1. 
Location in Commercial Building. This dwelling type shall be located on the second or third story, or level, of a building with commercial uses occupying the ground floor.
2. 
Additional Landscaping Requirements. Landscaping shall require a 10% increase in parking lot landscaping and one additional canopy type tree for every two apartments.
D. 
Boarding House. Boarding houses shall meet the following requirements:
1. 
Maximum Allowable Density. In each boarding house, for the purposes of calculating density, every 2.17 residents [Note: This number is based upon the 1990 U.S. Census of 2.17 persons per occupied rental housing unit in the City of Franklin] shall constitute one dwelling unit. Therefore the facility must be located on a lot large enough to meet the density requirements of the Comprehensive Master Plan for the equivalent number of dwelling units or the minimum requirements of the zoning district in which the proposed boarding house is located, whichever is more restrictive.
2. 
Direct Access to Collector or Arterial Street. All boarding houses containing more than 15 residents shall have direct access to a collector or arterial street.
3. 
Other Applicable Regulations. All boarding houses shall comply with all applicable state and local regulations.
E. 
Bus Terminals. Bus terminals shall meet the following requirements:
1. 
Direct Access to Collector or Arterial Street. All bus terminals shall have direct access to an arterial street which is a federal, state, or county designated highway.
2. 
Use Abutting Residential Zoning District Prohibited. Such use shall not adjoin a residential zoning district.
F. 
Campgrounds, Travel and Recreational Vehicle Trailer Parks, and Tents.
1. 
Location. All campgrounds, travel and recreational vehicle trailer parks, and tents shall have direct access to an arterial street which is a federal, state, or county designated highway.
2. 
Minimum Required Site Area. All campgrounds, travel and recreational vehicle trailer parks, and tents shall have a minimum site area of 30 contiguous acres.
3. 
Trailer and Vehicle Parking Spaces. All trailer and vehicle parking spaces are to be paved with asphaltic concrete.
4. 
Limitations on Campground Use. No more than 15% of the travel trailer park shall be used for campground purposes.
5. 
Accessory Uses. Accessory uses may be allowed by the City of Franklin as follows:
a. 
Recreational facilities, laundry buildings, one service retail store (not to exceed 2,000 square feet in total floor area), 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.
b. 
No accessory buildings or structures shall be used for human occupancy, except as may be permitted by a Special Use Permit.
6. 
Development and Design Requirements.
a. 
A maximum density of 15 units per acre.
b. 
Each unit or site shall be improved with a minimum parking space for the travel trailer or recreational vehicle with a minimum area of 10 feet by 25 feet in addition to the access driveway.
c. 
Vehicle Parking:
(1) 
One paved parking space, nine feet by 20 feet shall be located on each site (may be located in front or side yard setback areas).
(2) 
Guest parking, one space for each 10 trailer sites, shall be provided off of the interior drives.
d. 
Recreation area requirements shall be at a ratio of 100 square feet per unit site.
e. 
No direct access to an individual site shall be permitted from a public street.
f. 
All public utilities shall be placed underground.
g. 
Minimum bufferyard opacity value of 1.00 is required on all exterior boundaries including street frontage (see Division 15-5.0300 of this Ordinance).
h. 
Interior landscaping of the park shall require at least one tree per lot, existing or if planted, and the tree shall be a minimum of three inch caliper.
i. 
Individual travel trailer or recreational vehicle sites development standards:
(1) 
Minimum width: 25 feet.
(2) 
Minimum depth: 45 feet.
j. 
Campground areas of any travel trailer park shall provide a minimum of 500 square for each tent site. A ten foot separation shall be maintained between tents.
7. 
Sanitary Garbage Pickup. In every campground there shall be provided at least one sanitary garbage pickup area on the site. Said garbage pickup area shall be screened from view in accordance with this Ordinance and all other applicable City regulations.
8. 
Compliance with Regulations. All campgrounds shall comply with all State and local regulations.
G. 
Cemeteries, Human. Cemeteries for humans shall meet the following requirements:
1. 
State Requirements. All requirements of the Wisconsin State Statutes regarding the interment of human dead shall be met.
2. 
Minimum Required Site Area. A minimum required site size for the entire cemetery site shall be three acres.
3. 
Off-Street Parking and Maneuvering of Funeral Corteges. There shall be adequate space within the site for the parking and maneuvering of funeral corteges.
4. 
Minimum Interment Setbacks. No interment shall take place within 50 feet of any adjoining lot line.
5. 
Minimum Structure Setback. All structures shall be set back a minimum of 50 feet from any boundary line of the cemetery property plus two feet for each one foot of structure height over 25 feet to the maximum height permitted by the zoning district in which it is located.
H. 
Commercial Communication Towers. (See Division 15-3.0805)
I. 
Convenience Stores. Convenience stores shall meet the following requirements:
1. 
Direct Access to Arterial Streets Required. All convenience stores shall have direct access to an arterial street which is a federal, state, or county designated highway, except where it is part of a nonresidential development where access is provided by a parallel access road, or reverse frontage road, where nonresidential uses will be on both sides of the street.
2. 
Required Additional Landscape Bufferyard When Abutting Residential Zoning Districts. When abutting a residential zoning district, convenience stores shall provide an additional 0.2 opacity level to that already required under the provisions set forth in § 15-5.0300 of this Ordinance.
3. 
Screening of All Loading, Storage, and Garbage or Waste Facilities. All loading, storage, and garbage or waste facilities shall be fully enclosed and screened from view as deemed appropriate by the Plan Commission. Under no circumstances, however, shall such requirements be less than those specified elsewhere in this Ordinance.
4. 
Architectural Design. All convenience stores adjoining residential uses and zoning districts shall have pitched roofs matching the roof lines of adjoining residential structures. Each convenience store building shall use the same architectural materials on all sides of the building.
5. 
Fuel Pump Location. Any fuel pumps, underground fuel storage tanks, and islands, shall be at least 50 feet from any street or abutting lot line and meet all other State of Wisconsin regulations.
6. 
Canopies. The canopies provided over the pump islands of convenience stores with gas pumps shall meet the yard requirements of a principal structure. In addition:
a. 
Obstruction of Visibility at Rights-of-Way Prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.
b. 
Zoning District Front Yard Requirements Shall Be Met. All pump islands, their surrounding structures, and the canopy overhang shall meet the zoning district's front yard requirement.
c. 
Canopies to be Counted Towards Maximum Permitted GFAR and FAR. All canopies shall be counted towards the maximum permitted gross floor area ratio (GFAR) and maximum net floor area ratio (NFAR) of the nonresidential zoning in which the canopy is to be constructed.
d. 
Maximum Height. Under no circumstances shall the canopy be higher than 25 feet.
e. 
Signs Not Permitted. No signs shall be permitted on canopy roofs or fascia.
7. 
Lighting. The off-street parking and fueling area may be illuminated. Total cut-off of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cut-off angle intersects the ground and so that no light can be viewed from any abutting residential zoning districts. Maximum footcandle levels allowed are set forth in Division 15-5.0400 of this Ordinance for the zoning district in which the convenience store is located.
8. 
Hours of Operation. Hours of operation shall be established by the Common Council.
J. 
Drive-In Theaters. Drive-in theaters shall meet the following requirements:
1. 
Location of Theater Screen, Projection Booth, or Other Building. No part of any theater screen, projection booth, or other building shall be located closer than 500 feet from any residential zoning district nor closer than 200 feet from any abutting property line.
2. 
Visibility of Theater Screen from Adjoining Areas. The image on the theater screen shall not be visible from any arterial or collector street or from any residential zoning district.
3. 
Automobile Queuing Space to be Provided. Queuing space within the parcel or lot shall be provided for patrons awaiting admission in an amount equal to or greater than 30% of the vehicular capacity of the theater.
K. 
Farm Labor Housing. Farm labor housing shall meet the following requirements:
1. 
Minimum Parcel Size. The farm labor housing shall be an accessory use to an agricultural use which agricultural use has a minimum parcel size of 35 acres.
2. 
Maximum Permitted Density. The maximum density of the farm labor housing shall not exceed one dwelling unit per two acres of the zoning lot devoted to agriculture. The units may be clustered but the area of land used in calculating the density cannot be further subdivided or used for uses other than agriculture. Dormitories, for purposes of density calculations, shall be calculated at 2.17 residents equaling one dwelling unit.
[Note: This number is based upon the 1990 U.S. Census of 2.17 persons per occupied rental housing unit in the City of Franklin.]
3. 
Minimum Front, Side, and Rear Yard Requirements. Farm labor housing shall provide front, side, and rear yards of 50 feet.
4. 
Minimum Landscaped Bufferyard Required. A minimum bufferyard area equal to that required under § 15-5.0300 of this Ordinance shall be provided between the farm labor housing and adjacent properties if the farm labor housing is located within 200 feet of the zoning lot line of an adjacent property under different ownership.
5. 
Minimum Required Distance Between Dwelling Structures and Other Structures. All structures containing dwelling units shall be located a minimum of 30 feet from any other structure.
6. 
Adequate Sewage Disposal and Water Supply System to be Provided. All farm labor housing shall provide adequate sewage disposal and water supply systems which meet all Federal, state and local requirements.
7. 
Maintenance. All farm labor housing shall be maintained in a neat, orderly, and safe manner.
8. 
Other Requirements. All Federal, state and local requirements for such uses shall be complied with.
L. 
Firing Range, Small Arms. Firing ranges for small arms shall meet the following requirements:
1. 
Type of Range: Indoor Only.
2. 
Maximum Caliber Allowed to be Fired. The maximum caliber for rifled barrels used on the range shall be 0.45 and for non-rifled barrel shall be 12 gauge.
3. 
Projectile-Proof Backstop Required. A projectile-proof backstop, consisting of concrete, steel, earth or a combination thereof, at least 15 feet high shall be erected and maintained behind all target areas.
4. 
Nuisances Prohibited. The use shall not constitute a nuisance or be a hazard to life or property as determined by the City of Franklin.
5. 
Maximum Noise Level. The noise level shall not exceed 55 dBA at the property boundary.
6. 
Hours of Operation. The hours of operation shall be between 9:00 a.m. and 7:00 p.m.
7. 
Design and Safety Standards. The design and safety standards of the National Rifle Association, The National Skeet Shooting Association, and the Amateur Trap Shooting Association shall be met.
8. 
Proximity to Residential Districts. The use shall not abut or be located within 1,000 feet any residential zoning district or any area planned for residential use as set forth in the City of Franklin Comprehensive Master Plan or component thereof.
9. 
Term of Special Use Permit. The Special Use Permit shall expire in three years but may be renewed, subject to the same process by which it was approved. Should the area within 1,000 feet be either rezoned or developed so that 50% of the residentially zoned lands have homes placed on them, then the Special Use Permit shall not be renewed unless it can be scientifically demonstrated that the noise at the property line is below 40 dBA during firing, in which case the City may permit a renewal of the Special Use Permit for another three-year period.
M. 
Gas Stations (including Automotive Repair Facilities and Gas Stations with Automotive Repair Facilities). Gas stations, gas stations with automotive repair facilities, and automotive repair facilities shall meet the following requirements:
1. 
Direct Access to Arterial Streets Required. All gas stations shall have direct access to an arterial street which is a Federal, state, or county designated highway, except where it is part of a nonresidential development where access is provided by a parallel access road or reverse frontage road where nonresidential uses will be on both sides of the street.
2. 
Required Additional Landscape Bufferyard When Abutting Residential Zoning Districts. When abutting a residential zoning district, gas stations shall provide an additional 0.3 bufferyard opacity value to that already required under the provisions set forth in § 15-5.0300 of this Ordinance.
3. 
Screening of All Loading, Storage, and Garbage or Waste Facilities. All loading, storage, and garbage or waste facilities shall be fully enclosed and screened from view within a fully enclosed masonry wall eight feet in height. Under no circumstances, however, shall such requirements be less than those specified elsewhere in this Ordinance.
4. 
Architectural Design. All gas stations adjoining residential uses and zoning districts shall have pitched roofs matching the roof lines of adjoining residential structures. The buildings shall use the same architectural materials on all sides of the building.
5. 
Fuel Pump Location. Any fuel pumps, underground fuel storage tanks, and islands, shall be at least 50 feet from any street or abutting lot line and meet all other State of Wisconsin regulations.
6. 
Canopies. The canopies provided over the pump islands of gas stations with gas pumps shall meet the yard requirements of a principal structure. In addition:
a. 
Obstruction of Visibility at Rights-of-Way Prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.
b. 
Zoning District Front Yard Requirements Shall Be Met. All pump islands, their surrounding structures, and the canopy overhang shall meet the zoning district's front yard requirement.
c. 
Canopies to be Counted Towards Maximum Permitted GFAR and NFAR. All canopies shall be counted towards the maximum permitted gross floor area ratio (GFAR) and maximum net floor area ratio (NFAR) of the nonresidential zoning in which the canopy is to be constructed.
d. 
Maximum Height. Under no circumstances shall the canopy be higher than 25 feet.
e. 
Signs Not Permitted. No signs shall be permitted on canopy roofs or fascia.
7. 
Lighting. The off-street parking and fueling area may be illuminated. Total cut-off of light shall be at an angle of less than 90° and shall be located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer five feet above the ground at the point where the cut-off angle intersects the ground and so that no light can be viewed from any abutting residential zoning districts. Maximum footcandle levels allowed are set forth in Division 15-5.0400 of this Ordinance for the zoning district in which the gas station is located.
8. 
Repair Services. All repair services shall be performed within a completely enclosed building and shall meet the following requirements:
a. 
No more than the required off-street parking set forth under the provisions of § 15-5.0203 shall be allowed.
b. 
All storage of vehicles awaiting needed parts shall be within the building or in an enclosed or screened-in yard.
c. 
All damaged or nonoperable parts shall be stored indoors until removed from the premises.
d. 
An automotive repair facility shall store all vehicle parts within a completely enclosed building.
e. 
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 Special Use Permit.
9. 
Hours of Operation. Hours of operation shall be established by the Common Council.
N. 
Golf Driving Ranges. Golf driving ranges shall meet the following requirements:
1. 
Minimum Required Site Area. The site shall be a minimum of 12 acres in area and shall be of such configuration so as to permit a minimum driving distance of 300 yards from each proposed tee, exclusive of all required bufferyard areas.
2. 
Additional Site Plan Requirements. A site plan of the facility shall be submitted showing the layout of the property with all ranges, roughs, tees, structures, off-street parking areas, fencing, and proposed plant materials and location.
3. 
Site Lighting. Lighting used at the site shall be designed, located, and constructed so as to prevent glare and minimize reflection onto neighboring property. Those lighting standards set forth in Division 15-5.0400 shall be adhered to.
4. 
Minimum Setbacks. Minimum setbacks for front, rear, and side yards shall be 100 feet.
5. 
Direct Access to Arterial Streets Required. All golf driving ranges shall have direct access to an arterial street which is a Federal, state, or county designated highway.
O. 
Heliports. Heliports shall meet the following requirements:
1. 
Minimum Site Size. The area proposed for this use shall be sufficient in size, and the site shall otherwise be adequate 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. In no case, shall a site be less than 15 contiguous acres in area.
2. 
Location of Landing Area on the Site. 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 by law to establish hazard zoning regulations. No planned approach areas shall be permitted over proposed residential areas. Landing and take-off areas shall be located a minimum of 150 feet from any zoning lot boundary and a minimum of 500 feet from any dwelling unit or residential zoning district.
3. 
Required Off-Street Parking. In addition to those off-street parking requirements set forth in Division 15-5.0200 of this Ordinance, one space for every helicopter space within a hangar or enclosed aircraft storage area, plus one space for every aircraft tie-down space, plus one space for every two employees shall be required.
4. 
Minimum Required Setbacks. Any building, hangar, or other structure shall be at least 100 feet from any street right-of-way line. Hangars and repair facilities shall be set back at least 150 feet from any zoning lot boundary and all other buildings shall be set back at least 50 feet from any zoning lot boundary.
5. 
Repairs. All repair of airplanes and machinery shall be done inside hangars.
6. 
Limitations on the Location of Nearby Residential Structures. Residential uses shall not be located within the approach path or within the 65 Ldn unless measures to achieve a noise level reduction of 25 dBA (outdoor to indoor) are incorporated into the design and construction of the residential structures.
7. 
Applicable Federal, State, and Local Regulations to be Met. Heliports shall meet all applicable Federal, state and local regulations.
P. 
Helistops. Helistops shall meet the following requirements:
1. 
Minimum Site Size. The area proposed for this use shall be sufficient in size and the site shall otherwise be adequate 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.
2. 
Location of Landing Area on the Site. 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 by law to establish hazard zoning regulations. Landing and take-off areas shall be located a minimum of 150 feet from any zoning lot boundary and a minimum of 500 feet from any dwelling unit or residential zoning district.
3. 
Limitations on the Location of Nearby Residential Structures. Residential uses shall not be located within the approach path or within the 65 Ldn unless measures to achieve a noise level reduction of 25 dBA (outdoor to indoor) are incorporated into the design and construction of the residential structures.
4. 
Applicable Federal, State, and Local Regulations to be Met. Heliports shall meet all applicable Federal, state and local regulations.
Q. 
Junkyards. Junkyards shall meet the following requirements:
1. 
Required Bufferyards and Visibility Requirements. Such uses shall have a minimum bufferyard with 1.0 opacity value on all sides. The applicant shall demonstrate that berms or fences are used to ensure that no part of the facility is visible from residential dwellings or public streets located within 500 feet of the use. If the use covers more than 10 acres in area, the distance shall be increased to 2,000 feet.
2. 
Prevention of Contamination. The site shall have appropriate measures taken that prevent site contamination from oils, gas, grease, or other contaminants, including metals. At a minimum, there shall be five feet of soil between the water table or bedrock. If water supply wells are located within 1,000 feet of the site, the Plan Commission may require a special liner and bonds for removal of contaminated topsoil.
R. 
Kennels. Kennels shall meet the following requirements:
1. 
Solid Waste and Feces Removal. The disposal of all feces and other solid waste generated by the kennel operation shall be reviewed and approved by the City of Franklin Health Department.
2. 
Required Fencing. All runs and kennel areas shall be fenced with chain link, solid wood fencing, or a masonry wall of a height to be determined by the Plan Commission. The fence or wall shall be of quality material and be neat in appearance.
3. 
Noises, Smoke, and Odor. Any training of animals shall not include the use of loud noises or produce smoke or odor. The kennel facility shall not generate adverse, off-site noise or odor impacts.
4. 
Humane Society of the United States (HSUS) Guidelines to be Used. Humane Society of the United States (HSUS) Guidelines shall be used, at a minimum, for the flooring, walls between kennels, drainage, heating and cooling, cage sizes, and runs.
5. 
Minimum Required Setbacks. All outdoor runs shall be a minimum of 150 feet from any residential zoning district and all exercise areas shall be a minimum of 50 feet from any residential zoning district.
S. 
Landfill and Disposal Uses. The following shall be considered landfill and disposal operations: solid waste disposal facility, landfills, trash transfer sites, incinerators, sludge or other land disposal; storage of septic tank wastes or sludges, trash, and recycling facilities. When applying for a Special Use Permit or zoning district change, the applicant shall provide the following plans and information in addition to what is otherwise required for a Special Use Permit:
1. 
Plans or Data Required.
a. 
A full set of all documentation and plans required for such uses as set forth in Chapters NR 504 and 510 of the Wisconsin Administrative Code as amended for the type of facility requested.
b. 
The widths, bearing capacity, type of road surface of all City of Franklin or County roads used by truck traffic to or from the site and of the nearest state trunk highways; and the weight of the vehicles using the facility. An analysis shall indicate the improvements needed to bring these roads up to adequate standards to accommodate the weight of vehicles using the facility.
2. 
Performance Criteria and Standards.
a. 
All City of Franklin or County roads shall be reconstructed to meet the City of Franklin, Milwaukee County, or Wisconsin Department of Transportation standards (whichever is applicable as determined by the City of Franklin) appropriate for the weight of the trucks using the facility prior to the operation of the facility.
b. 
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. Such agreement and financial guarantee shall be in a form approved by the City Attorney.
c. 
An additional three feet of final cover shall be required above the minimums provided by Wisconsin Administrative Code, and the facility shall be landscaped in approved ground cover of prairie plantings as determined by the City of Franklin.
d. 
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.
3. 
Negotiation and Arbitration Required. The City of Franklin shall enter into negotiation and arbitration procedures as set forth in Chapter 144.445 of the Wisconsin Statutes as amended for the approval of a solid waste disposal facility or expansion thereof.
T. 
Mini-Warehouses. Mini-warehouse facilities shall meet the following requirements:
1. 
Limitations on Use of Facilities. Such facilities shall be used only for the storage of materials or articles and shall not be used for assembly, fabrication, processing, or repair.
2. 
Services and Sales Activities Prohibited. No services or sales shall be conducted from any storage unit. Garage sales and/or flea market type activities are prohibited.
3. 
Practice Rooms, Meeting Rooms, and Residences Prohibited. Facilities shall not be used for practice rooms, meeting rooms, or residences.
4. 
Outdoor Storage Prohibited. No outdoor storage shall be permitted.
5. 
Storage of Explosive or Highly Flammable Material Prohibited. Storage of explosive or highly flammable material shall be prohibited.
U. 
Outdoor Nursery and Garden Sales. Outdoor nursery and garden sales shall meet the following requirements:
1. 
Outdoor Sales of Merchandise to be Accessory to Enclosed Building. There shall be an enclosed building with outdoor sales of merchandise accessory to said building.
2. 
No Outdoor Display Permitted Not Accessory to Enclosed Building. No outdoor display shall be permitted which is not accessory to an enclosed building.
3. 
Maximum Area of Outdoor Sales. The overall area of any outdoor sales accessory use shall not exceed the area of the principal enclosed building.
V. 
Power Generation Facilities. Power generation facilities shall meet the following requirements:
1. 
Direct Access to Arterial Streets Required. All power generation facilities shall have direct access to an arterial street which is a federal, state, or county designated highway.
2. 
Minimum Required Setbacks. Front, rear, and side yards shall be a minimum of 50 feet from all lot and public street right-of-way lines. When adjacent to a residential zoning district, yards shall be a minimum of 1,000 feet from said residential zoning district line.
3. 
All Applicable Local, State, and Federal Environmental Standards to be Met. Proof of the ability to meet all applicable local, State, and federal environmental standards shall be provided.
W. 
Radio and Television Transmitting and Receiving Facilities. Radio and television transmitting and receiving facilities shall meet the following requirements:
1. 
Interference With Air Traffic Prohibited. The proposed structure would not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.
2. 
Minimum Tower Setback Requirements. The proposed tower shall be set back from the zoning lot line one foot for every three feet of height of the tower.
3. 
Locational Requirements for Radio and Television Receiving Dishes Associated with Radio and Television Transmitting and Receiving Facilities.
a. 
A radio or television receiving dish shall be located within the rear yard of the property except for corner lots. On corner lots, the dish may be located in the portion of the lot which functions as a rear yard, but shall not be located closer to the street than front edge of the principal use (the portion of the principal use closest to the street). Any dish located within a required side yard shall be located behind (further from the street than) the principal structure on any lot abutting the side yard.
b. 
On parcels or lots of a minimum size of five acres, radio and television receiving dishes shall not be located within required front and side yards.
c. 
All dishes shall be screened from view from any street by a fence, wall, or hedge a minimum of six feet in height and 75% opaque.
X. 
Stables, Public. Public stables shall meet the following requirements:
1. 
Minimum Lot Area. The minimum lot area shall be 10 acres.
2. 
Required Minimum Setbacks. Front, rear, and side yard setbacks shall be a minimum of 75 feet.
3. 
Pasture Location. Pasture area may extend to 30 feet from the lot line.
4. 
Manure Removal and General Maintenance. Manure piles shall be stored, removed, and/or applied in accordance with applicable City requirements. The operator of the stable shall be responsible for using good management practices to discourage undesirable odors and insects.
5. 
Stable Location. All points on the perimeter of any stable building or corral shall be at least 75 feet from the nearest boundary line or right-of-way line of the parcel on which it is located.
6. 
Feed and Bedding Storage. All feed and bedding shall be stored indoors.