City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
A. 
Accessory Uses and Structures. Accessory uses and structures are permitted in any zoning district but not until the principal structure is present or under construction on the lot or parcel. Residential accessory uses and structures shall not involve the conduct of any business, trade, or industry, except as allowed for Home Occupations defined and regulated in this Ordinance. Accessory uses and structures include incidental repairs; storage; parking facilities; gardening; servants, owners, itinerant agricultural laborers, and watchmen's temporary quarters, not for rent; decks; private above ground swimming pools (except wading pools having a depth of less than two feet and which are readily moveable); private in-ground swimming pools and spas (outdoors); and private emergency shelters.
B. 
Location.
1. 
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 setback of the zoning district, except as provided in B.2, 3, 4 and 5 below. Where the front of a principal structure on a double frontage lot faces a street other than an arterial street and the 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, except where otherwise allowed for fences per § 15-3.0905 and § 15-3.0802E2b.
2. 
A maximum of one accessory structure (not including private swimming pools and outdoor spas) not exceeding 150 square feet in area shall be setback at least five feet from the side or rear lot lines and shall also be subject to the minimum wetland setback for the zoning district in which it is located and all wetland buffer and shore buffer provisions of this Ordinance.
3. 
Accessory structures (not including private swimming pools and outdoor spas) exceeding 150 square feet in area shall be set back from the side or rear lot lines in accordance with the required setbacks for the principal building of the zoning district.
4. 
Private swimming pools (except wading pools having a depth of less than two feet and which are readily movable) and outdoor spas, shall be set back at least 10 feet from the side or rear lot lines and shall also be subject to the minimum wetland setback for the zoning district in which it is located and all wetland buffer and shore buffer provisions of this ordinance.
5. 
When an alley exists, no part of an accessory building shall be located closer than five feet to the right-of-way line.
C. 
Maximum Size.
1. 
Accessory structures on properties not exceeding 40,000 square feet in area shall not exceed 720 square feet in size.
2. 
Accessory structures on properties exceeding 40,000 square feet in area shall not exceed 900 square feet in size.
3. 
Notwithstanding the above, any masonry constructed accessory structure shall not exceed 1,200 square feet in size.
D. 
Location On Easements. No accessory structure shall be constructed within or ever on an easement.
E. 
Time of Construction. No accessory structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
F. 
Percentage of Required Rear Yard Occupied. No accessory structure or structures shall occupy more than 40% of the area of a required rear yard.
G. 
Height of Accessory Buildings or Structures. No accessory structure, or portion thereof, shall exceed the maximum permitted height of the zoning district in which the accessory structure is located.
H. 
No Slab Required for Accessory Structures (Excluding Private Swimming Pools, and Outdoor Spas) of 150 Square Feet or Less in Area. Accessory structures of 150 square feet or less in area (excluding trash and garbage waste receptacles, or dumpsters, in the R-8, PDD, and all nonresidential zoning districts) shall not require a concrete slab foundation. If a concrete slab foundation is not provided for such accessory structure, the flooring shall be constructed of decay resistant wood and the structure shall be securely anchored to the ground.
The following are detailed standards for certain accessory uses which are permitted accessory uses in residential districts:
A. 
Antennas, Satellite.
1. 
Number. No more than one satellite antenna shall be allowed on a residential lot.
2. 
Location. The antenna shall be located within the rear yard areas only and shall conform to the side and rear yard setbacks required for the principal structure in that zoning district.
3. 
Height. Satellite antennas shall meet the following height requirements of this Ordinance:
a. 
Ground Mounted Antennas. Not to exceed 15 feet above grade.
b. 
Building Mounted Antennas. Not to exceed the maximum building height allowed in that zoning district.
c. 
Maximum Dish Area (Size). An antenna shall not exceed 12 feet in diameter.
4. 
Mounting.
a. 
Ground Mounted Antennas. An antenna shall be mounted and installed in accordance with manufacturer's specifications and shall be able to withstand a minimum wind load of 80 miles per hour (mph).
b. 
Building Mounted Antennas. The owner shall demonstrate that reception will not be possible in a less conspicuous location and shall submit a plan from a Registered Professional Engineer that certifies that the installation of such antenna will not structurally damage the building upon which it is to be mounted.
5. 
Advertising. No form of advertising shall be allowed on the antenna, base, or framework other than the manufacturer's identification plate.
6. 
Portable Antennas. Portable or trailer mounted antennas are not allowed except for a temporary installation for demonstration which shall not exceed two days.
7. 
Electrical Installation. All electrical installation shall be in accordance with the National Electrical Code.
8. 
Cable Installation. All cable to and from the antenna shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure.
9. 
Zoning Compliance Permit Required for Antenna Installation.
a. 
No antenna shall be installed without a Zoning Compliance Permit.
b. 
The application for a Zoning Compliance Permit shall include a plot plan indicating the proposed location of the antenna and the manufacturer's installation specifications.
c. 
All applications for a Zoning Compliance Permit for an antenna installation, as specified herein, shall be reviewed and approved by the Architectural Review Board prior to issuance of a Zoning Compliance Permit.
B. 
Automobile or Motor Vehicle Repair in Residential Districts. The repair of an automobile or a motor vehicle in any residential or agricultural zoning district (automobile or motor vehicle repair outdoors is not permitted in the R-8 District or multiple-family uses and nonresidential uses in a PDD District), is limited to resident-owned vehicles subject to the following restrictions:
1. 
Minor Repairs and Maintenance. Only minor repairs and maintenance may be performed which, for purposes of this Paragraph, are defined as the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil; the replacement of sparkplugs or ignition points; the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines, and other similar minor repairs.
2. 
Other Repairs. Any other repairs on the motor vehicle or automobile shall be restricted to totally enclosed spaces which are properly ventilated and only accomplished on privately registered vehicles having current State of Wisconsin license plates, or motor vehicles designated by the State of Wisconsin as qualifying for an antique, or horseless carriage designation.
C. 
Commercial Vehicle Parking. The parking of more than one commercial vehicles in any residential district is prohibited. This requirement shall not be interpreted to prohibit vehicles from loading and unloading in any residential district. Commercial vehicles so parked shall not exceed 8,000 pounds.
D. 
Decks. Decks shall be located a minimum of 10 feet from side and rear lot lines and shall also be subject to the minimum wetland setback for the zoning district in which it is located and all wetland buffer and shore buffer provisions of this Ordinance. A deck upon a lot of record subject to the "minimum shore yard" (30 feet) regulations for principal structures under this Unified Development Ordinance as it existed from August 1, 1998 to the effective date of amendment of such regulations on May 1, 2003, shall also be subject to such thirty-foot minimum shore yard.
E. 
Fences.
1. 
General. The following are required of all fences installed in the City of Franklin:
a. 
All fences shall be maintained in good repair and in structurally sound condition. All fences shall be constructed and maintained in a good aesthetic condition and in such a manner and of such materials and colors so as not to adversely affect the value of adjoining property or property in the immediate neighborhood. No fence may be constructed or maintained which is detrimental to human life or safety or causes a traffic hazard. All fences shall be constructed and maintained straight, plumb, and of an even height along its length, except for such deviations as required by grade.
b. 
No advertising or signs shall be permitted on any fence in any zoning district.
c. 
No materials shall be stored between a fence located adjacent to a lot line and the lot line.
d. 
Fencing shall be constructed with the finished or decorative side facing the adjacent or abutting property or street.
e. 
No fence shall be constructed in the City without first obtaining a Building Permit from the Building Inspector.
f. 
Snow fencing will only be permitted between November 15 and April 15 of each year. No Building Permits for the installation of said snow fencing shall be required.
2. 
Fencing in Residential Zoning Districts.
a. 
Fences having a height of six feet or less may be used to locate property lines within the required side and rear yard areas in the residential districts.
b. 
Fences shall not be located within the front yard, except decorative fencing may be installed within the front yard areas in the residential districts. In the case of a double-frontage lot, fences may be constructed to locate property lines in the yard opposite the front of the residence, provided such fence is constructed and maintained in compliance with all other applicable provisions of § 15-3.0802E.
c. 
In the R-8 General Residence District or a PDD (Residential) District, where aesthetic appearance may require a fence or wall to shield parking lots or other unattractive areas or to generally improve the aesthetics of the development, a wall or fence may be erected in the front yard of the development by approval of the Plan Commission, and which approval may include design or other architectural requirements.
d. 
No barbed wire, chicken wire, or electrically charged fences shall be allowed in residential zoning districts.
e. 
Fences shall not be located in a 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 setback of the zoning district, or not any closer to the street than the distance from the street to the principal building to which it is accessory, whichever distance is greater.
F. 
Home Occupations and Home Offices in the R-1, R-1E, R-2, R-3, R-3E, R-4, R-5, R-6, R-7, R-8, A-1, and A-2 Districts. The following specific standards shall be used for home occupations and home offices located as accessory uses in R-1, R-2, R-3, R-3E, R-4, R-5, R-6, R-7, R-8, A-1, and A-2 Districts:
1. 
Home Occupation Employees. No person shall be employed other than members of the immediate family residing on the premises.
2. 
Maximum Floor Area Permitted to be Used for Home Occupation. The use of the dwelling unit for the home occupation or home office shall be clearly incidental and secondary to its use for residential purposes. No more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation or home office; and no outside display, storage, or use of land is permitted.
3. 
No Change in the Outside Appearance of the Building, Accessory Structure, or Premises Permitted. There shall be no change in the outside appearance of the building, accessory structure, or premises as a result of such home occupation or office, with the exception of an unlighted sign or nameplate, not more than one square foot in total area, attached to and not projecting from the building.
4. 
Conduct of Home Occupation in Accessory Building or Structure Prohibited. No home occupation or home office shall be conducted in any accessory building or structure or outdoors.
5. 
Use of Mechanical and Electrical Equipment. No mechanical equipment shall be used on the premises, except such that is normally used for purely domestic or household purposes. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage in excess of that normally associated with household use. Computer equipment which meets the aforementioned criteria and which can be purchased for use in the home shall be considered as "normally associated with household use."
6. 
Sale and Display of Commodities and Goods. No commodity or good not produced on the premises shall be sold on the premises nor displayed on the exterior or interior of the premises, or warehoused on the premises for sale elsewhere. This does not preclude taking orders for sales or provision of services off-site.
7. 
Traffic. No vehicular or pedestrian traffic shall be generated by such home occupation or home office in greater volume than would normally be expected from the principle use. In the case of measuring vehicular traffic, criteria established in the most current edition of the Institute of Transportation Engineer's publication titled Trip Generation shall be used.
8. 
Home Occupation Uses — Permitted and Not Permitted. A home occupation may include, but not be limited to the following: domestic crafts such as seamstress, sewing, tailoring, weaving, washing and ironing, private tutoring and instruction (limited to three [3] pupils at any one time), and home offices shall include professional services. Millinery shops, tearooms, restaurants, tourist homes, bed and breakfast establishments, auto repair and tune-up, general offices which would require more off-street parking than which is required for the type of residential use which is permitted in the residential district, clinics, physician's, dentist's and offices of the like, welding shops, animal hospitals, veterinary clinics, catering or other food preparation businesses, funeral parlors and undertaking establishments, antique shops, rooming houses, dancing schools, and kennels, among others, shall not be deemed to be home occupations.
9. 
Levels of Noise, Emissions, Radiation, Vibration, Heat, Glare, Smoke, Dust, Fumes, Odors, or Electrical Interference. There shall be no levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference created which is detectable to the normal senses outside the dwelling unit in excess of that normally associated with household use.
10. 
Refuse. No refuse in excess of the amount allowable for regular residential pick-up shall be generated by any home occupation.
11. 
Nuisance Causing Activities. No home occupation shall cause or create any nuisance; cause or create any substantial or undue adverse impact on any adjacent property or the character of the area; or threaten the public health, safety or general welfare; or be noxious, offensive, or hazardous.
12. 
Materials Which Decompose by Detonation Prohibited. No materials which decompose by detonation shall be allowed in conjunction with a home occupation.
13. 
Public Utility Use Exceeding Typical Residential Dwelling Unit Demand Not Permitted. No home occupation shall be permitted which generates sewerage or water use in excess of what is typical for a residential dwelling unit.
G. 
Home Occupations and Home Offices in the VR and VB Districts. The following specific standards shall be used for home occupations and home offices located as accessory uses in VR and VB Districts:
1. 
Home Occupation Employees. No person shall be employed other than members of the immediate family residing on the premises.
2. 
Maximum Floor Area Permitted to be Used for Home Occupation. The use of the dwelling unit for the home occupation or home office shall be clearly incidental and secondary to its use for residential purposes. No more than 25% of the floor area of the dwelling unit, including basement space, shall be used in the conduct of the home occupation or home office.
3. 
No Change in the Outside Appearance of the Building, Accessory Structure, or Premises Permitted. There shall be no change in the outside appearance of the building, accessory structure, or premises as a result of such home occupation or office, with the exception of an unlighted sign or nameplate, not more than one square foot in total area, attached to and not projecting from the building.
4. 
Conduct of Home Occupation in Accessory Building or Structure Prohibited. A home occupation or home office may be conducted in any accessory building or structure, provided vehicles are not parked outdoors that would otherwise be parked in an accessory building or structure.
5. 
Use of Mechanical and Electrical Equipment. No mechanical equipment shall be used on the premises, except such that is normally used for purely domestic, household, or hobby purposes. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage in excess of that normally associated with household use. Computer equipment which meets the aforementioned criteria and which can be purchased for use in the home shall be considered as "normally associated with household use."
6. 
Sale and Display of Commodities and Goods. No commodity or good not produced on the premises shall be sold on the premises nor displayed on the exterior or interior of the premises, or warehoused on the premises for sale elsewhere. Commodities or goods produced on the premises shall be allowed to be displayed between the front setback line of the dwelling and the front property boundary line, given the display materials shall not restrict visibility of traffic on the public street, nor create a nuisance to neighboring property owners.
7. 
Traffic. No vehicular or pedestrian traffic shall be generated by such home occupation or home office in greater volume than would normally be expected from the principal use. In the case of measuring vehicular traffic, criteria established in the most current edition of the Institute of Transportation Engineer's publication titled Trip Generation shall be used.
8. 
Home Occupation Uses — Permitted and Not Permitted. A home occupation may include, but not be limited to the following: domestic crafts such as seamstress, sewing, tailoring, weaving, washing and ironing, private tutoring and instruction (limited to three [3] pupils at any one time), and home offices shall include professional services. Millinery shops, tearooms, restaurants, tourist homes, bed and breakfast establishments, auto repair and tune-up, general offices which would require more off-street parking than which is required for the type of residential use which is permitted in the residential district, clinics, physician's, dentist's and offices of the like, animal hospitals, veterinary clinics, catering or other food preparation businesses, funeral parlors and undertaking establishments, rooming houses, dancing schools, and kennels, among others, shall not be deemed to be home occupations.
9. 
Levels of Noise, Emissions, Radiation, Vibration, Heat, Glare, Smoke, Dust, Fumes, Odors, or Electrical Interference. There shall be no levels of noise, emissions, radiation, vibration, heat, glare, smoke, dust, fumes, odors, or electrical interference created which is detectable to the normal senses outside the dwelling unit in excess of that normally associated with household use.
10. 
Refuse. No refuse in excess of the amount allowable for regular residential pick-up shall be generated by any home occupation.
11. 
Nuisance Causing Activities. No home occupation shall cause or create any nuisance; cause or create any substantial or undue adverse impact on any adjacent property or the character of the area; or threaten the public health, safety or general welfare; or be noxious, offensive, or hazardous.
12. 
Materials Which Decompose by Detonation Prohibited. No materials which decompose by detonation shall be allowed in conjunction with a home occupation.
13. 
Public Utility Use Exceeding Typical Residential Dwelling Unit Demand Not Permitted. No home occupation shall be permitted which generates sewerage or water use in excess of what is typical for a residential dwelling unit.
H. 
Rental Residential Complex Offices. One rental office shall be allowed within a rental residential complex. The office may be the rental manager's dwelling. Rental complex offices shall be subject to the following restrictions:
1. 
Hours of Operation. All rental complex offices shall open no earlier than 7:00 a.m. and shall close prior to 9:00 p.m. during the spring, summer, and fall seasons, and shall close prior to 8:00 p.m. during the winter season. No rental complex office shall be open on Sunday before 12:00 noon.
2. 
Lighting. All exterior lighting must meet the requirements set forth in Division 15- 5.0400 of this Ordinance for the zoning district in which the rental office is located. All off-street parking areas must be illuminated. All exterior lighting associated with the rental office shall be extinguished at the closing time of the rental complex office.
3. 
Off-Street Parking. All rental complex offices shall provide off-street paved parking for the public. An area contiguous to the structure within which the rental complex office is located shall be utilized for the off-street, paved parking lot for public use. The number of required off-street parking spaces shall be six per rental complex office. Such parking spaces shall be in addition to those otherwise required by Division 15-5.0200 of this Ordinance.
4. 
Trash Receptacles. Trash receptacles shall be provided around the rental complex office for used by the public.
I. 
Skateboard Ramps (Private). A skateboard ramp which is used by the residents of the primary structure and nonpaying guests shall be permitted in the residential and agricultural zoning districts subject to the following restrictions:
1. 
Location. A private skateboard ramp may occupy required side and rear yards, but shall not occupy required front yards or side yards abutting a street except as described below:
a. 
For corner lots, private skateboard ramps shall be permitted within one front yard, which functions as a side yard, provided the skateboard ramp is located no more than 10 feet into the required front yard, as measured from the rear line of the front yard. However, in residential districts requiring side yards greater than 10 feet, this permitted intrusion shall be increased up to a distance equal to said required side yard.
b. 
For double frontage lots, skateboard ramps shall be permitted within the front yard which functions as a rear yard, provided that the ramp is screened from the rear street by a fence, wall, or hedge.
2. 
Fencing. Private skateboard ramps shall be enclosed with a fence not less than four and not more than six feet in height. Such fencing shall be equipped with self-closing and self-latching gates so that the skateboard ramp is inaccessible to small children.
3. 
Minimum Setback from Abutting Property Line. Private skateboard ramps shall be set back a minimum of 10 feet from any abutting property line.
4. 
Maximum Height. Private skateboard ramps shall not exceed a height of 10 feet.
5. 
Hours of Use. Private skateboard ramps shall only be used between the hours of 9:00 a.m. and 9:00 p.m.
J. 
Trash Dumpsters and Garbage Receptacles (Trash, Garbage, and Recyclable Storage). The following requirements shall be met for trash dumpsters and garbage receptacles located in residential districts:
1. 
Centralized Location(s) of Trash Dumpsters and Garbage Receptacles Required. All new multiple-family residential buildings and uses, except for single-family and two- family dwellings, shall provide facilities for the central and accessible storage of solid waste within the parcel or lot. The location of said facilities shall be approved by the City Planner. Multiple locations may be required by the Plan Commission.
2. 
Trash Dumpster and Garbage Receptacle Enclosures Required. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids and shall be concealed or suitably screened from public view. Sight-proof fencing (wood or masonry) and landscaping shall be used to totally obstruct vision into the storage areas. Where such facilities are provided outside of a building, they shall be screened from public rights-of-way and adjacent property by an enclosure constructed of materials compatible with the materials on the front building wall of the main building.
3. 
Trash Dumpster and Garbage Receptacle Maintenance Required. Fencing and landscaping for storage areas shall be maintained in good condition and kept litter-free. All garbage cans, trash containers, and other garbage storage devices shall be emptied and the contents thereof properly disposed of not less than once every seven days.
4. 
Unenclosed Storage of Trash or Waste Prohibited. No portion of the lot shall be used for open or unenclosed storage of trash or waste of any kind.
5. 
Trash Dumpster and Garbage Receptacle Location in Off-Street Parking Space or Drive Prohibited. No trash dumpster or other trash or waste receptacle shall be permitted in any off-street parking space or drive.
6. 
Concrete Slab Required. All trash dumpsters and garbage receptacles shall be placed upon a concrete slab which has a thickness of not less than five inches.
7. 
Adequate Size to Accommodate Recycling Materials. All trash dumpster and garbage receptacle areas shall be of an adequate size to accommodate the storage of materials to be recycled.
8. 
Building Permit Required for the Construction of Garbage, Trash, Waste, and Dumpster Enclosures. A Building Permit shall be required for the construction of any garbage, trash, waste, or dumpster enclosure.
A. 
Agricultural Equipment, Storage of. The storage of agricultural equipment such as but not limited to tractors, trailers, fertilizer spreaders, wagons, planters, and the like, as a use accessory to a permitted use in the A-1 and A-2 Districts, shall be subject to the following requirements:
1. 
Use of Equipment. The equipment shall be used in association with the permitted use.
2. 
Storage of Junk. The storage of junk is prohibited, such as scrap materials or anything worn-out or fit to be discarded.
3. 
Motor Vehicle Sales Prohibited. This provision shall not be used to permit the establishment of motor vehicle sales as a use within the A-1 and A-2 Districts.
B. 
Canopies as Accessory Uses. The canopies provided over the pump islands at gas stations, convenience stores with gas pumps, automobile and motor vehicle service stations, drive-in and drive-thru facilities associated with financial institutions, restaurants, cleaners, and similar uses, shall meet the yard requirements of a principal structure. In addition:
1. 
Obstruction of Visibility at Rights-of-Way Prohibited. The canopy shall not block visibility at intersections of rights-of-way or drives.
2. 
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.
3. 
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 district in which the canopy is to be constructed.
4. 
Maximum Height. Under no circumstances shall the canopy be higher than 25 feet.
5. 
Signs Not Permitted. No signs shall be permitted on canopy roofs or fascia.
C. 
Fences.
1. 
General. The following are required of all fences installed in the City of Franklin:
a. 
All fences shall be maintained in good repair and in structurally sound condition. All fences shall be constructed and maintained in a good aesthetic condition and in such a manner and of such materials and colors so as not to adversely affect the value of adjoining property or property in the immediate neighborhood. No fence may be constructed or maintained which is detrimental to human life or safety or causes a traffic hazard. All fences shall be constructed and maintained straight, plumb and of an even height along its length, except for such deviations as required by grade.
b. 
No advertising or signs shall be permitted on any fence in any zoning district.
c. 
No materials shall be stored between a fence located adjacent to a lot line and the lot line.
d. 
Fencing shall be constructed with the finished or decorative side facing the adjacent or abutting property or street.
e. 
No fence shall be constructed in the City without first obtaining a Building Permit from the Building Inspector.
f. 
Snow fencing will only be permitted between November 15 and April 15 of each year. No Building Permits for the installation of said snow fencing shall be required.
2. 
Fencing in Nonresidential Zoning Districts (excluding A-1, A-2, I-1, and P-1 Districts).
a. 
Fences may be located in all yards in nonresidential zoning districts. Fences located in the front yard shall be approved by the Plan Commission prior to the issuance of a Building Permit for the construction of the fence.
b. 
Fences installed in nonresidential zoning districts shall not exceed six feet in height, except when required to enclose outside storage areas or when approved by the Plan Commission may be up to 10 feet in height.
c. 
Fencing constructed to enclose outside storage areas shall be at least eight feet in height and in no case lower in height than the enclosed storage area when approved by the Plan Commission.
d. 
Barbed wire may be allowed on the top of fences six feet or more in height.
e. 
All fencing constructed to enclose outside storage areas in non-residential zoning districts shall be approved by the Plan Commission.
3. 
Fencing in the A-1 and A-2 Zoning Districts.
a. 
Fencing shall be permitted in all yards in the A-1 and A-2 Districts and in all yards on legal nonconforming agricultural uses for replacement of existing fencing. Fencing shall be permitted in front yards only for the enclosure of cultivated fields, pastures and animal pens.
b. 
Fencing for areas other than those described in Paragraph a. above shall comply with the residential zoning district fencing requirements.
c. 
Fencing may be constructed in the A-1 and A-2 Districts for cultivated fields and pastures before a principal structure is present.
4. 
Location of Fencing in the I-1 and P-1 Zoning Districts.
a. 
Fencing over six in height, enclosing a park, elementary, middle or high school site shall be permitted in all yards.
b. 
All fencing in institutional districts or for institutional uses shall be limited to open mesh-type fencing (chain link).
D. 
Home Occupations and Home Offices in the VB District. See the requirements set forth in § 15-3.0802(H) of this Ordinance pertaining to both the VR and VB Districts.
E. 
Mechanical Penthouses and Mechanical Accessory Structures. Where mechanical penthouses are installed, they shall be designed to blend into the building's architecture. The mechanical penthouse shall not be taken into account in determining whether the building meets the maximum height allowed under the zoning district dimensional requirements set forth in Divisions 15-3.0200 and 15-3.0300 of this Ordinance. A penthouse shall not be counted as a story, provided that:
1. 
The penthouse is less than 10 feet in height, except that in the case of a building whose height (excluding any penthouse) is 50 feet or more, the penthouse shall be no greater than 18 feet in height.
2. 
The penthouse floor area covers less than 25% (30% in the case of a building whose height is 50 feet or more) of the area of the roof on which the penthouse is located.
3. 
In the event that a mechanical accessory structure is supplied, it shall be fully screened from view by a combination of berms and evergreens. This screening shall be approved by the Plan Commission.
F. 
Open Storage, Screening of. Open storage areas shall be screened from view of any street, and from the view from all residential zoning districts as follows:
1. 
Abutting a Collector or Arterial Street. When an open storage area abuts a collector or arterial street, the method of screening shall consist of solid masonry walls or solid wooden fences at least six feet in height, with access only through solid gates which shall be closed except when said storage area is in use. An existing permanent structure may be used to screen such storage areas.
2. 
Abutting a Residential Zoning District. When an open storage area abuts a residential zoning district, the method of screening shall consist of solid wooden fences or masonry walls at least six feet in height along the boundary of the storage areas and the entire residential district.
3. 
Fencing. All fencing shall conform to the requirements of § 15-3.0803(C).
G. 
Roadside Stands for the Sale of Agricultural Products. The following specific standards shall be used:
1. 
Off-Street Parking and Loading. The use shall provide for all required off-street parking and loading on private property.
2. 
Vehicular Access to Public Street. The use shall be located along and have direct vehicular access to a public street.
3. 
Sales or Display on Public Lands Prohibited. No sales or display activity shall be located on public land.
4. 
Access. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority including the Wisconsin Department of Transportation, Milwaukee County, and/or the City of Franklin.
5. 
Use Location. The use shall be located on a commercially productive farm.
H. 
Stables, Private. The following specific standards shall be used in the A-1 and A-2 Districts:
1. 
General. The keeping of horses shall follow the minimum standards set forth in the City of Franklin Municipal Code as well as those additional requirements set forth herein.
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 a minimum of 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 coral shall be at least 30 feet from the nearest boundary line or right-of-way line of the parcel on which it is located.
I. 
Trash Dumpsters and Garbage Receptacles (Trash, Garbage and Recyclable Storage). The following requirements shall be met for trash dumpsters and garbage receptacles located in nonresidential districts:
1. 
Trash Dumpster and Garbage Receptacle Enclosures Required. All garbage cans, trash dumpsters, trash containers, and other storage devices situated on any property shall be closed containers with lids and shall be concealed or suitably screened from public view. Sight-proof fencing (wood or masonry) and landscaping shall be used to totally obstruct vision into the storage areas. Where such facilities are provided outside of a building, they shall be screened from public rights-of-way and adjacent property by an enclosure constructed of materials compatible with the materials on the front building wall of the main building.
2. 
Trash Dumpster and Garbage Receptacle Maintenance Required. Fencing and landscaping for storage areas shall be maintained in good condition and kept litter free. All garbage cans, trash containers and other garbage storage devices shall be emptied and the contents thereof properly disposed of not less than once every seven days.
3. 
Unenclosed Storage of Trash or Waste Prohibited. No portion of the lot shall be used for open or unenclosed storage of trash or waste of any kind.
4. 
Trash Dumpster and Garbage Receptacle Location in Off-Street Parking Space or Drive Prohibited. No trash dumpster or other trash or waste receptacle shall be permitted in any off-street parking space or drive.
5. 
Concrete Slab Required. All trash dumpsters and garbage receptacles shall be placed upon a concrete slab which has a thickness of not less than five inches.
6. 
Adequate Size to Accommodate Recycling Materials. All trash dumpster and garbage receptacle areas shall be of an adequate size to accommodate the storage of materials to be recycled.
7. 
Building Permit Required for the Construction of Garbage, Trash, Waste, and Dumpster Enclosures. A Building Permit shall be required for the construction of any garbage, trash, waste, or dumpster enclosure.
[Amended 12-19-2017 by Ord. No. 2017-2305]
A Temporary Use Permit is required prior to the commencement of and for the duration of any Temporary Use in any zoning district in the City of Franklin. A Temporary Use is an activity that is short-term in nature, will be conducted for only a specified limited period of time, and for a specific use that is not the permanent use of the property, and which use though not already expressly authorized to be an actual use on the property, is incidental to or accessory to and compatible with, as a limited duration use, the existing use of the property and, as a limited duration use, is compatible with and will not adversely affect adjoining properties.
The Zoning Administrator and designees of the City Planning Department are authorized to issue Temporary Use Permits upon application therefore. An application for a Temporary Use Permit shall be signed by the owner of the land involved, as a responsible party, together with the person applying for the permit, if other than the owner, who shall also be a responsible party by reason of such application. The applicant shall also pay an application fee at the time of filing the application, which fee shall be in such amount as may be approved by and specified within the resolution of the Common Council from time to time and kept on file in the Office of the City Clerk. The form and content of the application shall be as reasonably required by the Zoning Administrator or designee of the City Planning Department so that all information reasonably required by and to effectuate the terms and provisions of this Section shall be provided. Each permit granted shall specify the time period (dates) during which the use may occur and the hour during each day in the period during which the use may occur. A permit shall lapse if not used within the dates approved.
The Zoning Administrator and designees of the City Planning Department may refer any application for a Temporary Use Permit to the Plan Commission for review and approval, where the Zoning Administrator or designee of the City Planning Department determines that the application involves an issue of interpretation as to whether the proposed temporary use is incidental or accessory to the existing use of the property, or is a use which is compatible, as required herein, or that there is a question as to whether the proposed temporary use may adversely affect adjoining property due to the nature of, size or area of, noise, debris, lighting, or the like or other resultant from the proposed temporary use. Plan Commission review and approval is required for any proposed temporary use of a type not specifically listed below.
Each permit shall be conditioned upon and shall additionally contain such specific conditions to obtain compliance with this Section and the purposes of the zoning district within which the use will be located; the protection of the public health, safety and general welfare; and ensuring that the operation and maintenance of the temporary use shall be in a manner compatible with existing uses upon the subject property and adjoining properties and in the surrounding area. The Plan Commission may require a letter of credit or other approved financial security sufficient to ensure the site is cleaned up and/or restored to its prior condition.
The uses for which Temporary Use Permits may be issued following administrative review by the Zoning Administrator or designee of the City Planning Department are as follows:
A. 
Commercial Temporary Outdoor Sales. A commercial temporary outdoor sale is an outdoor sale of merchandise, upon property supporting an existing retail use principal structure in the B-1, B-2, B-3, B-4 or B-5 zoning districts, and any commercial or retail sales planned development district or commercial or retail sales area of a mixed use planned development district, by either the owner or occupant of the principal structure, of the type of merchandise for sale within the principal structure.
1. 
Location. No display, sales or parking is permitted in any street right-of- way, except such parking on-street as is regularly permitted. In addition, no display, sales or parking shall obstruct pedestrian or vehicular traffic. All display areas or temporary structures shall comply with the minimum required yard setbacks for the zoning district for the property upon which the commercial temporary outdoor sale occurs.
2. 
Parking. All parking shall be on-site, except such on-street parking as is regularly permitted. The applicant must demonstrate that there will be adequate parking for the existing uses as well as the proposed commercial temporary outdoor sale.
3. 
Trash and Debris. The applicant must demonstrate and provide adequate facilities to dispose of all trash or other waste generated by the commercial temporary outdoor sale.
4. 
Outdoor Sales Shall be Permitted Only Four Times per Year per Property. Each individual outdoor sales event (up to four per year, per property) shall be no longer than 14 consecutive days; provided, however, that the total days of such temporary uses during a calendar year shall not exceed 30 calendar days. Owners must obtain a Temporary Use Permit for each such temporary outdoor sale before the use is permitted.
5. 
Signage. All signage shall be in accordance with the sign regulations set forth in this Ordinance.
6. 
A Site Plan is Required. A site plan showing location of existing buildings, locations of proposed structures for the sales/events, locations of parking spaces, signage, hours of operation, what merchandise is being sold and any other information pertinent to the review of the sales/events and as may be so required by the Zoning Administrator or designee of the City Planning Department or the Plan Commission, as applicable, shall be submitted as part of the application for a commercial temporary outdoor sale use.
B. 
Temporary Miscellaneous Outdoor Sales. A temporary miscellaneous outdoor sale use includes those activities involving the sales of merchandise from trucks or a temporary outdoor or tented sales area upon property supporting an existing retail use principal structure in the B-1, B-2, B-3, B-4 or B-5 zoning districts, and any commercial or retail sales planned development district or commercial or retail sales area of a mixed use planned development district. Examples include, but are not limited to, flower and plant sales, general apparel and accessories sales, motor vehicle and recreation vehicles sales, and other similar goods and products.
1. 
Location. No display, sales or parking is permitted in any street right-of-way, except such parking on-street as is regularly permitted. In addition, no display, sales or parking shall obstruct pedestrian or vehicular traffic. All display areas or temporary structures shall comply with the minimum required yard setbacks for the zoning district for the property upon which the temporary miscellaneous outdoor sale occurs.
2. 
Parking. All parking shall be on-site, except such on-street parking as is regularly permitted. The applicant must demonstrate that there will be adequate parking for the existing uses as well as the proposed temporary miscellaneous outdoor sale.
3. 
Trash and Debris. The applicant must demonstrate and provide adequate facilities to dispose of all trash or other waste generated by the temporary miscellaneous outdoor sale.
4. 
Signage. All signage shall be in accordance with the sign regulations set forth in this Ordinance.
5. 
Temporary Outdoor Structures. All proposed temporary outdoor structures (tents, canopies) are subject to review and approval of the Fire Inspector and the Building Inspector.
6. 
Temporary Miscellaneous Outdoor Sales Shall be Limited to 14 Consecutive Days. Owners must obtain a Temporary Use Permit for each temporary miscellaneous outdoor sale before the use is permitted. Each such uses shall not exceed 14 consecutive calendar days. The total days of such temporary uses during a calendar year shall not exceed 30 calendar days.
7. 
A Site Plan is Required. A site plan showing location of existing buildings, locations of proposed structures for the sales/events, locations of parking spaces, signage, hours of operation, what merchandise is being sold and any other information pertinent to the review of the sales/events and as may be so required by the Zoning Administrator or designee of the City Planning Department or the Plan Commission, as applicable, shall be submitted as part of the application for a commercial temporary outdoor sale use.
C. 
Christmas Tree Sales Lot. The following specific standards shall be used:
1. 
Location. Trees shall not be located in any right-of-way.
2. 
Parking. All parking shall be on-site, except such on-street parking as is regularly permitted.
3. 
Visibility. The location of trees on the property shall not block visibility for vehicles or pedestrians on or off the lot in a way that would create a safety hazard.
4. 
Hours of Operation. The Christmas tree sales shall be limited between the hours of 7:00 a.m. and 9:00 p.m.
5. 
Trash and Debris. All trash and debris shall be removed when sales end.
6. 
Written Consent May Be Required. Written consent from the owner, or authorized agent, of the property shall be provided if required by the Zoning Administrator or designee of the City Planning Department.
7. 
Signage. All signage shall be in accordance with the sign regulations set forth in this Ordinance.
8. 
Removal of Trees by December 31st. Trees remaining on hand after December 25th shall be removed from the premises no later than December 31st of that same year.
D. 
Temporary Concrete Batch Plants or Asphalt or Asphalt Reprocessing Plants (including materials processing and handling) and Temporary Stone Crushers. A Temporary Use Permit for these uses may only be granted by the Plan Commission. The following specific standards shall be used:
1. 
Routing Plan Required. The contractor shall submit a routing plan for trucks to and from the proposed plant to the City Planner and City Engineer for their review and recommendations as a condition prior to approval.
2. 
Financial Assurance Required for Potential Damage to Roads. The contractor shall provide a financial assurance in the amount requested by the City Engineer to pay for correcting any damage done to City or County roads during the course of said facility's operation and for the planned restoration of the site.
3. 
Access. Such facilities shall only be allowed access via arterial or collector roads or highways. Access via dedicated existing local residential roads and/or collector roads serving residential areas shall be prohibited.
4. 
Restoration Plan. A restoration plan shall be provided the City for review and approval of the City Engineer.
5. 
When Allowed. Such facilities shall be erected only in conjunction with a City, County, or state/federal highway or road improvements.
6. 
Maximum Period of Use. The allowable period of such use shall be for the period of such roadway or highway work with a maximum of an eight-month period.
7. 
General Location. Such facilities shall be located not less than 1,000 feet from any occupied building, with the exception of an associated accessory construction trailer/office which may be located on the same site.
8. 
Outside Sales Prohibited. No outside sales of batch plant materials shall be permitted. The sale of crushed stone shall not be permitted.
9. 
Site Plan of Operation and Facilities Required. Such facilities will be shown on a site plan and be contained within a maximum five acre area.
10. 
Location of Stone Crushers. Stone crushers shall be located not less than 1,000 feet from any building used for residential purposes.
11. 
Prevention of Dust, Fumes, Vapors, Mists, or Gas Nuisances. The prevention of any dust, fumes, vapors, mists, or gas nuisances due to operations shall be maintained at all times in accordance with established City, County, State, and federal air pollution standards.
*
The following temporary uses are allowed without the issuance of a Temporary Use Permit:
E. 
*Construction Trailers as Temporary Offices.
1. 
Removal of Trailer Required Upon Completion of Work. A licensed contractor engaged upon a construction project for which a Building Permit has been issued by the Building Inspector may temporarily use a construction trailer for office facilities in the location where the work is being done, provided such construction trailer shall not be placed upon the streets but upon the property on which the Building Permit authorizes the construction. The construction trailer shall be removed within 30 days after substantial completion of the work for which the Building Permit has been issued. If, in the opinion of the Building Inspector or Zoning Administrator or designee of the City Planning Department, the location of the construction trailer poses a safety hazard it shall be moved to an appropriate location as directed by such officer immediately upon such direction.
2. 
Use of Mobile Homes, or Modular Homes, as Temporary Offices During Remodeling. A Zoning Compliance Permit may be issued by the Plan Commission for a one-year period for the use of mobile homes, or modular homes, as temporary offices while business properties are being remodeled, provided that they are placed upon the property for which there is a Building Permit issued by the Building Inspector for the remodeling. The permit shall be for a period of one year or until the remodeling is completed, whichever is the shorter period. The Zoning Compliance Permit may not be renewed after the expiration of the one-year period.
F. 
*Dumpsters for Trash and Garbage Required for Construction Sites.
1. 
No Building Permit to be Issued. No Building Permit shall be issued to construct any building in any zoning district or for any other construction as required by the Building Inspector or Zoning Administrator, or designee of the City Planning Department unless the applicant shows to the satisfaction of the Building Inspector that the applicant will provide and maintain on each construction site a dumpster with a minimum capacity of 10 yards. The dumpster shall be packed in such a way so as to eliminate the possibility of its contents from blowing about the construction site or on to neighboring properties. The dumpster shall be placed on the property prior to commencing of the framing of the new structure.
2. 
Failure to Comply. Failure to comply with obtaining, utilizing, emptying and maintaining of a dumpster for construction debris shall, after notification to the builder by the Zoning Administrator or designee of the City Planning Department or Building Inspector and the lapsing of a grace period of 48 hours, necessitate the issuance of citations to the builder in the matter. The Building Inspector may also authorize, obtain and maintain dumpsters on construction sites pursuant to the procedures in Chapter 66.62 of the Wisconsin Statutes as amended. Pursuant to Chapter 66.62 of the Wisconsin Statutes as amended, the City can provide reasonable notice and a hearing before the Common Council as to whether this section has been violated. If the Common Council finds that this section has been violated, the Common Council may order a dumpster be obtained and maintained on the construction site with the cost charged to the property owner benefited thereby and placed as a special assessment and a lien against the property.
G. 
*Garage and Yard Sales. Garage, yard, tag, patio, and apartment sales are specifically permitted, as a temporary use, in all residential zoning districts without a Zoning Compliance Permit granted by the Board of Zoning and Building Appeals. Such sales shall be limited to one such sale during each six-month period, for a duration not to exceed three consecutive days.
H. 
*Model Homes, Model Dwelling Units, and Pre-Construction Sales Offices. Model homes, model dwelling units, and pre-construction sales offices are residential type structures used as sales offices by a builder/developer and to display the builder/developer's product after approval by the Common Council. The same may be furnished within, since its purpose is to display to perspective buyers the builder/developer's features (such as exterior siding treatments, roofing materials, interior trim, moldings, floor coverings, etc.) in the environment of a completed home, and may be staffed by the builder/developer's sales force. Model homes shall be subject to the following restrictions:
1. 
District Dimensional Requirements to be Met. The model dwelling unit shall meet all district requirements for lot and yard dimensions.
2. 
Sign Illumination. Signs shall not be illuminated after 9:00 p.m.
3. 
Business Activity Not Permitted Before 9:00 a.m. Nor After 9:00 p.m. The model dwelling unit shall not be used for any business activity before 9:00 a.m. nor later than 9:00 p.m.
4. 
Lighting. All exterior lighting must be "downlighting," so that absolutely no light shall be cast onto adjoining residential properties. All off-street parking areas must be illuminated. All exterior lighting shall be extinguished at the closing time of the model home.
5. 
Off-Street Parking. All model homes shall provide off-street, paved parking for the public. Such off-street, paved parking shall be located as directed by the Board of Zoning and Building Appeals. The number of required off-street parking spaces shall be six per model home. The driveway of the model home may be utilized for not more than two of the required spaces.
6. 
Screening and Trash Receptacles. Landscape drawings shall be required and show adequate landscaping and screening from adjoining residential lots, together with the clear marking of the boundaries of the model home lot. Trash receptacles shall be provided around the model home for use by the public.
7. 
Construction and Issuance of an Occupancy Permit. The construction of all model homes shall be approved by the Common Council, at which time the Common Council may establish additional standards not stated herein, for the minimum protection of the general public health, safety and welfare. Occupancy Permits shall not be issued until after the abutting street has been dedicated to the City and provided with a hard surface.
8. 
Termination of Use. The use of model homes within a residential subdivision, or within any single phase of a multi-phase subdivision, shall terminate when building permits have been issued for 90% of the lots therein.
9. 
Model Dwelling Unit Constructed in Nonresidential Zoning Districts. Model dwelling units may be erected or displayed in districts which exclude residential uses, provided that such models shall not be used for residential purposes, but only for display as a means to sell homes in districts in which they are permitted and provided that all other requirements of the district in which the model dwelling unit is erected shall be met.
10. 
Temporary Sales Structure in Multiple-Family Developments. In those zoning districts where multi-family dwelling uses are permitted, a temporary structure may be used as a pre-construction sales office for the purpose of displaying a typical dwelling unit arrangement, subject to the following restrictions:
a. 
The structure shall be limited to two stories in height.
b. 
The structure shall be appropriately landscaped.
c. 
The structure shall be subject to the same front yard requirements as the principal structure to be erected and shall otherwise be subject to all yard requirements for the district in which located.
d. 
Adequate off-street parking facilities (a minimum of six spaces) and access driveways shall be developed within those locations approved for such facilities in conjunction with the permanent multiple-family structure, and no additional parking areas or access driveways shall be permitted.
e. 
Signs shall be permitted only in accordance with the regulations set forth for the use within the district and in compliance with this Ordinance.
f. 
The structure shall comply fully with all existing building codes and ordinances of the City of Franklin.
g. 
The structure shall be completely and totally removed within six months from the date of the issuance of a Building Permit or upon the completion of the permanent residential dwelling structure, whichever date is later.
h. 
In the event that the structure should not be removed or demolished by the owner or other parties in interest within the terms of this Section, the City of Franklin, to the extent permitted by law, acting through its Building Inspector, is authorized to vacate, demolish, or remove, either with forces or by independent contractor submitting the lowest qualified bid, any such building or structure. The City of Franklin shall assess the entire costs of such vacation, demolition, or removal against the owner or other parties in interest.
I. 
*Temporary Roadside Stands for the Sale of Agricultural Products. The following specific standards shall be used:
1. 
Off-Street Parking and Loading. The use shall provide for all required off-street parking and loading on private property.
2. 
Access. The use shall be located along and have direct vehicular access to a public street. Access to and from the site shall be in accord with the requirements of the applicable highway or arterial street access authority including the Wisconsin Department of Transportation, Milwaukee County, and/or the City of Franklin.
3. 
Sales or Display Prohibited on Public Land. No sales or display activity shall be located on public land.
J. 
*Public Interest and Special Events. A public interest event on a commercial property is limited to no more than six times per year and each event shall be no longer than 14 days. Public interest events shall include but not be limited to outdoor food sale, outdoor car wash, or other gathering for the benefit of the community, a particular service or a non-profit organization.
K. 
Additional City Department Review May be Required. Those uses listed above as not required to receive a "Temporary Use Permit" may still be required to receive other use permits/approvals issued by the City of Franklin, including, but not limited to an amendment to an existing Special Use Permit for the subject property and approvals such as for "Special Events" as defined in Chapter 121 and "Transient Merchants" as defined in Chapter 237 of the Municipal Code. In addition, food service associated with a temporary outdoor use may be subject to the review and approval of the Health Department. All temporary uses shall otherwise comply in all respects with all applicable governmental laws, statutes, codes, rules, orders, regulations and ordinances.
L. 
Issuance and Expiration of Permit. The Zoning Administrator or designee of the City Planning Department(s) shall approve, conditionally approve, deny or refer to the Plan Commission an application for a temporary use permit under this Section within 30 days of its filing in the Planning Department Office. The Plan Commission shall approve, conditionally approve or deny an application within 30 days of the referral of such application to the Commission. Any decision to deny an application under this section shall be in writing, shall set forth the reasons for the denial, and a copy of such decision shall be mailed by regular mail to the applicant within the aforesaid time limits. Each Temporary Use Permit shall specify the date upon which such use may commence and the date upon which such use shall expire; in no event, except as otherwise specifically and expressly set forth in this Section, shall any temporary use exceed 180 days in duration during any calendar year.
M. 
Appeal. An appeal of a decision regarding a temporary use made by the Zoning Administrator or designee of the City Planning Department shall be made in writing and filed with the Office of the City Clerk within 10 days of the date of such decision. The appellant shall also pay an appeal fee at the time of filing the appeal, which fee shall be in such amount as may be approved by and specified within the resolution of the Common Council from time to time and kept on file in the Office of the City Clerk. The grounds for an appeal shall be that the decision was made in error in the administration of this Section to the application and the proposed use and shall be stated in the appeal. The appeal shall be to the Plan Commission, which shall affirm, modify, reverse or remand the decision to the Zoning Administrator or designee of the City Planning Department and such decision shall be made within 30 days of the filing of such appeal, shall be in writing, shall set for the reasons for the decision on appeal, and a copy of such decision shall be mailed by regular mail to the applicant within the aforesaid 30 days. The appellant shall receive written notice of the Plan Commission meeting at which such appeal shall be heard and the applicant and any other aggrieved persons shall provide such information to the Plan Commission as it may determine reasonably necessary to decide such appeal, together with all other persons and information. The rules of evidence shall not apply to such appeal and the decision on appeal shall be made upon the records, files, proceedings and substantial evidence before the Plan Commission. Any appeal from any decision of the Plan Commission under this Section shall be made pursuant to Division 15-10.0500 of this Ordinance.
Wireless telecommunications towers and antennas may be installed, erected and maintained, either as a principal or accessory use or structure, pursuant to the provisions of this section. Telecommunications towers and antennas shall not be regulated or permitted as essential services, public utilities, or private utilities.
A. 
Purpose. The purpose of this Ordinance is to strike a balance between the Federal interest concerning the construction, modification and placement of telecommunications towers and antennas for use in providing personal wireless services, and the legitimate interest of the City of Franklin in regulating local zoning. The goals of this Ordinance are to protect residential areas and land uses from potential adverse impacts of towers and antennas; minimize the total number of towers throughout the community; encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; consider the public health and safety of communication towers, and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City of Franklin shall give due consideration to the Comprehensive Master Plan, Zoning Map, and existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. 
Definitions. As used in this Ordinance, the following terms shall have the meanings set forth herein:
1. 
ALTERNATIVE TOWER STRUCTURE —Clock towers, water towers, buildings, signs, electric transmission and distribution structures, bell steeples, light poles and similar mounting structures that camouflage or conceal the presence of antennas.
2. 
ANTENNA — Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals, which may include omni-directional (rod), directional (panel) or parabolic (disc) antennas.
3. 
ANTENNA ARRAY — The grouping of antennas that encompasses both the transmitters and receivers of the telecommunications provider.
4. 
ANTENNA SUPPORT STRUCTURE — A structure which is attached to an alternative tower structure and which is designed to support an antenna at a height sufficient to permit effective receipt or transmission of wireless communications.
5. 
ANTENNA SUPPORT STRUCTURE HEIGHT — No antenna support structure, including any antenna or other device attached thereto, shall extend more than 20 feet above the highest point of the structure to which the antenna support structure is attached.
6. 
BACKHAUL NETWORK — The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
7. 
COLLOCATION — The provision of multiple antennas of more than one commercial wireless communication service provider or government entity on a single tower or structure.
8. 
FAA — Federal Aviation Administration.
9. 
FCC — Federal Communications Commission.
10. 
HEIGHT — When referring to a tower or other structure, the distance measured from finished grade to the highest point on the tower or other structure or antenna support structure height, including the base pad and any building or structure upon which the tower or other structure is located.
11. 
PRE-EXISTING TOWERS/ANTENNAS — Any tower or antenna for which a building permit, special use permit or other necessary approval has been properly issued prior to the effective date of this Ordinance.
12. 
TOWER — Any structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
C. 
Applicability.
1. 
New Towers and Antennas: All new towers or antennas in the City of Franklin shall be subject to these regulations, except as provided in Divisions 15-3.0805(C)(2) and 15-3.0805(C)(3).
2. 
Amateur Radio Station Operators/Receive Only Antennas: This Ordinance shall not govern any tower, or the installation of any antenna, that is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
3. 
Pre-existing Towers or Antennas: Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this Ordinance, other than the requirements of Division 15-3.0805(E)(2).
D. 
Permit Required. Except as set forth under Division 15-3.0805(F), no tower or antenna shall be installed unless a special use permit pursuant to Division 15-9.0103 of this Code is first obtained by the owner or the owner's agent. In addition to the special use application requirements, the following specific information shall be required as part of the application submittal.
1. 
A scaled site plan clearly indicating the location, type and height of the proposed tower and appurtenant equipment, any proposed and existing structures, adjacent land uses and structures, adjacent roadways, on-site parking and driveways, tower and equipment setbacks from property lines, and other information deemed by the Planning and Zoning Administrator to be necessary to assess compliance with this Section;
2. 
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties;
3. 
The separation distance from all other towers, antennas or sites approved for towers, whether within or outside the City of Franklin, that are within one mile of the proposed site, including specific information about the location, height, and design of each tower (the one mile radius is an application information requirement only and shall not limit any consideration under Division 15-3.0805(J)(3)).
4. 
Landscape plan showing specific plant materials;
5. 
Method of fencing or other security design, installation or equipment, including location, materials and finished color and, if applicable, vegetative screening;
6. 
Description of compliance with Division 15-3.0805(E); and
7. 
A needs analysis clearly demonstrating why the proposed location is necessary for the operation of applicant's communication system.
E. 
General Requirements. In addition to compliance with all applicable regulations of this Ordinance, the following standards shall apply for the installation of any tower or antenna:
1. 
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association which are in effect at the time of issuance of the building permit for the subject tower. If, upon inspection, the Building Inspector concludes that a tower fails to comply with such codes and standards and/or constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards and/or makes same safe. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
2. 
State or Federal Requirements. All towers and antennas shall meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas which are in effect at the time of issuance of the building permit for the subject tower. If such standards and regulations are changed, then the owner of a tower and antenna governed by this Ordinance shall bring such tower and antenna into compliance with such revised standards and regulations within such time as is mandated by the controlling State or Federal agency. If no compliance time is mandated by such other agency, but delegated locally and such revised standards and regulations are necessary to prevent danger to persons or property, the owner shall bring such tower and antenna into compliance within 30 days of the effective date of such revised standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
3. 
Collocation. A proposed tower shall be structurally and electrically designed to accommodate the applicant's antenna and comparable antennas for additional users. Towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. All special use permits granted under this section shall require the permittee to allow collocation for such number of additional users as the permitted tower will support under existing technology and shall not make access to the tower and tower site for the additional users economically unfeasible. If additional user(s) demonstrate (through an arbitrator or other pertinent means, with the cost to be shared by the holder of the permit and the proposed additional use) that the holder of a tower permit has made access to such tower and tower site economically unfeasible, then the special use permit shall be null and void.
4. 
Height. No tower or other structure supporting an antenna shall exceed 180 feet in height, subject to Division 15-3.0805(J)(2). Antennas shall be installed and maintained in accord with applicable State or local building codes, and in compliance with current standards of the FAA, FCC and any other agency of the State or Federal government with the authority to regulate antennas. No antenna and no antenna support structure, including any antenna or other device attached thereto, shall extend more than 20 feet above the highest point of the structure to which the antenna or antenna support structure is attached.
5. 
Setbacks. A tower shall be located pursuant to the zoning district setbacks applicable to the tower site, subject to Subsections E.6 and J.1 below. Guy wires and appurtenant equipment and buildings shall comply with requirements of the underlying zoning district in which the tower is located.
6. 
Separation Between Land Uses. Tower separation shall be measured from the nearest point of the base of the tower to the nearest point of the lot line of the adjoining off-site use and/or designated area as specified herein.
Land Use/Designated Area
Separation Distance
Single family or two-family homes, Including modular homes or mobile homes used for living purposes; vacant land zoned for residential use which has been platted or has unexpired preliminary subdivision plat approval.
300 feet or 300% height of tower, whichever is greater.
Unplatted vacant land zoned for residential use and land designated by the Comprehensive Master Plan for future residential use.
200 feet or 200% height of tower, whichever is greater.
Multi-family dwellings
200 feet or 100% of height of tower, whichever is greater
Land zoned for business and manufacturing use, or non-residential use.
No closer than 100% tower height from the building setback line upon any adjoining property, except where such adjoining property is undeveloped or is developed without habitable structures within 100% of the tower height from the building setback line on the tower site property; then, the building setback line of the tower site property, provided that the Common Council finds that such closer distance will not impede the orderly development of the applicable adjoining property.
Public street right-of-way.
Zoning district regulations or setbacks of tower site or 50% of tower height from public right-of-way, whichever is greater.
7. 
Aesthetics. Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. Where an antenna is installed on a structure other than a tower, the antenna and appurtenant equipment must be of a neutral color that is identical to, or closely compatible with, the color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as aesthetically pleasing and visually unobtrusive as possible.
8. 
Signs. No advertising material or signage other than warning or equipment information shall be allowed on any antenna or tower. This prohibition shall include the attachment to an antenna or tower of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, but not including weather devices.
9. 
Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
10. 
Fencing. A tower shall be enclosed by security fencing not less than six feet in height and secured or otherwise secured by such design or security structure or equipment installation approved by the Common Council, so that it is not accessible by the general public. Fence or other security structure or equipment design, materials and colors shall reflect the character of the surrounding area.
11. 
Landscaping. A buffer of plant materials to effectively screen the tower compound from public view and from adjacent properties shall be provided. The minimum buffer shall consist of a landscaped strip at least five feet in width outside the perimeter of the tower compound. Equipment cabinets or structures shall be screened from view by an evergreen hedge or other suitable vegetation, except where the use of non-vegetative screening would better reflect and complement the architectural character of the surrounding neighborhood. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. Existing mature tree growth and natural land forms shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
12. 
Appurtenant Equipment and Buildings. Antennas mounted on alternative tower structures or rooftops: The equipment cabinet or structure used in association with an antenna may be located on a roof provided that such equipment or structure is placed to be screened from public view as unobtrusively as possible. Equipment storage buildings or cabinets shall comply with all applicable building and Unified Development Code requirements.
Antennas mounted on utility poles, light poles or towers: The equipment cabinet or structure used in association with an antenna shall be sited in accordance with the development standards of the underlying zoning district. Any ground located equipment cabinet or structure shall be designed either for expansion or attachment to like equipment facilities required by later collocation users.
F. 
Permitted Uses.
1. 
Cable Microcell Network. The installation of a cable microcell network may be permitted through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
2. 
Additional Collocated Antennas. Collocation of an additional antenna on an existing tower supporting an antenna, both previously permitted under this Section; provided: the collocated antenna array or equipment is similar in size and function to that installed by the holder of the special use permission for the tower, does not significantly alter the appearance or structural integrity of the tower approved and permitted under this Section, is fully in compliance with all conditions contained in the original conditional use permit, and site plan approval is obtained for such additional collocated antenna prior to installation.
3. 
Antennas Installed Upon Alternative Tower Structures. Antennas installed upon alternative tower structures and any antenna support structure; provided: Site plan approval is obtained prior to installation, which approval shall include a finding of consent to such installation by the owner of the alternative tower structure, and such structure is located within those zoning districts specified under Division 5-3.0805G.
4. 
Monopole Tower In Replacement Of A Water Tower Structure. A monopole tower not exceeding 180 feet in height, without regard to antennas, to be installed in replacement of an alternative tower structure which pre-existed the adoption of the Wireless Telecommunications Towers and Antennas Ordinance on July 14, 1998, to wit: a water tower exceeding 180 feet in height, located in an A-1 Agricultural District, shall be a permitted use, provided: the pre-existing water tower is removed pursuant to all laws, codes and ordinances prior to May 1, 2010; the monopole tower is installed in the immediate vicinity of the pre-existing water tower, and in which event, the setback from buildings on adjoining property shall not apply where the applicant owns the monopole tower site property and the subject adjoining property and the adjoining subject property is vacant, with any future building development of the adjoining property to not occur closer than the distance which is equal to 100% of monopole tower height; and Site Plan approval for the monopole tower is obtained, following the consideration by the Plan Commission of the purpose of the Wireless Telecommunications Towers and Antennas Ordinance, its other applicable provisions, and all other laws, codes and ordinances.
G. 
Special Uses. The installation of towers and antennas, including the placement of appurtenant equipment or buildings shall be prohibited in all areas of the City of Franklin, except as provided under Division 15-3.0802A and Division 15-3.0901 and as may be allowed by special use permit in the M-1, M-2, BP (including the Franklin Industrial Park and Franklin Business Park Planned Development Districts), I-1 and L-1 zoning districts. Any special use permission granted under this Section shall include the permission to install a replacement tower upon the removal of the original tower by the owner in the ordinary course of business and not under circumstances constituting abandonment, provided the owner secures all necessary governmental permits for such removal and replacement and that such replacement tower meets all applicable local, State and Federal building codes and safety standards in effect upon installation.
H. 
Removal of Abandoned Antennas and Towers. An antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City of Franklin notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The tower owner shall always remain liable for the removal of the tower and all antennas located thereon and no act or omission of the City shall be construed to release or waive such liability unless expressly waived or released in writing in the sole discretion of the City. Any special use permit or site plan approval granted shall include a requirement that the permittee post a performance bond or letter of credit approved by the City of Franklin Attorney, in an amount required by the Plan Commission as reasonably necessary so that the City Franklin remains secure that the tower or antenna will be removed without cost to the City. "Removal" of a tower or an antenna under this subsection means the removal of the entirety of the installation appurtenant to and serving the tower or antenna, including footings.
I. 
Non-conforming Uses.
1. 
Not Expansion of Non-conforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this Section shall not be deemed to constitute the expansion of a non-conforming use or structure, when located upon property supporting such non-conforming use or structure.
2. 
Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such pre-existing towers. New construction on a pre-existing tower shall comply with the requirements of this Section.
J. 
Additional Special Use Permit Requirements.
Wireless Telecommunications Towers and Antennas.
1. 
Separation Between Towers. Separation distances between towers shall be applicable for a proposed tower and any pre-existing towers. The separation distance shall be measured by a straight line between the nearest point of the base of an existing tower and the nearest point of the base of a proposed tower.
New Tower Type
Existing Tower Type
Monopole 75 Feet in Height or Greater
Monopole Less Than 75 Feet in Height
Lattice
1,500
1,500
1,500
750
Guyed
1,500
1,500
1,500
750
Monopole 75 Feet in Height or Greater
1,500
1,500
1,500
750
Monopole Less Than 75 Feet in Height
750
750
750
750
2. 
Tower Height. The following criteria shall apply in determining the maximum height of a tower:
(a) 
For a single user, up to 90 feet.
(b) 
For two users, up to 120 feet.
(c) 
For three or more users, up to 180 feet.
3. 
Availability of Suitable Existing Towers. Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Common Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to the Common Council to determine that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
a. 
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
b. 
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
c. 
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
d. 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e. 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
f. 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
g. 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
K. 
Variances. The provisions of Divisions 15-3.0805(E)(4), 15-3.0805(E)(5), 15-3.0805(E)(6), 15-3.0805(J)(1), and 15-3.0805(J)(2) shall be available to the variance regulations set forth under Division 15-10.0206 et seq., provided the purposes set forth under Division 15-3.0805(A).