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.
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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.
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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;
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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.
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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.
D.
Accessory structures greater than 1,200 square feet.
The following specific standards are required for an increase of the
maximum size for accessory structures in the agricultural Districts,
A-1 and A-2, and residential districts, R-1, R-2, R-3 and R-3E:
[Added 9-15-2020 by Ord. No. 2020-2448]
1.
Minimum Lot Area. The minimum lot area shall be 3.0 acres. The
maximum accessory structure size shall be 500 square feet per acre,
and in no event shall an accessory structure exceed 5,000 square feet.
2.
Height. An accessory structure shall not exceed 40 feet in height.
3.
Setbacks. An accessory structure shall not be located closer
to a side or rear lot line than a distance equal to its height.
4.
Location. No part of an accessory structure shall be located
in a front yard, corner side yard, or any rear yard abutting a street
on a corner lot. For a rear yard abutting a street on a corner lot,
the setback shall be the required corner side yard setback of the
zoning district. Where the front of a principal structure is not on
a corner lot, an accessory use or structure may be placed in the yard
facing the arterial street, provided that all zoning district front
and side yard setbacks from the arterial street lot line are met.
In no case shall an accessory structure be located closer to a property
line than a distance equal to its height.
5.
Accessory structures shall not be used for commercial or residential
use.
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:
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.
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.
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.
