Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Franklin, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Common Council may by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this Ordinance or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the Plan Commission. This section and the following provisions of Division 15-9.0200 shall not apply to any amendment of the land division regulations set forth within this Ordinance, including any regulations under Parts 1, 11 and 12 of this Ordinance pertaining to land division, Division 15-2.0100, Division 15-2.0300, Division 15-9.3000 and Parts 4, 5, 7 and 8, the amendment of which shall be subject to the procedures specified pursuant to § 236 .45(4), Stats., as amended. Amendments to the zoning provisions of this Ordinance shall be made as set forth in this Ordinance and § 62.23(7)(d), Stats., as amended and such other statutes as may apply to the amendment of a specific zoning provision as may be set forth in this Ordinance. Amendments to the land division provisions of this Ordinance shall be made as set forth in § 236.45(4), Stats., as amended.
A change or amendment may be initiated by the Common Council, the City Plan Commission, or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.
Petitions for any change in the district boundaries or amendments to the regulations shall be filed with the City Clerk, shall describe the premises to be rezoned or the regulations to be amended, shall list the reasons justifying the petition, and shall specify the proposed use, and shall include the following:
A. 
Owners' Names and Addresses Required. Name, address, and telephone number of the petitioner for a zoning amendment agent; and tax key numbers, names, and addresses of all property owners of all properties lying within 200 feet of the area proposed to be rezoned.
B. 
Plot Plan Required. Plot plan drawn to a reasonable scale (as determined by the City Planner and/or City Engineer) and fully dimensioned showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 200 feet of the area proposed to be rezoned.
C. 
Description of Requested Zoning District Boundary Change or Unified Development Ordinance Text Amendment Required. The petitioner shall provide a complete legal description of the property for which a change in zoning is requested. In the case of a proposed Ordinance text amendment, the petitioner shall provide a copy of the text proposed to be changed as well as the new text being proposed by the petitioner.
D. 
General Description of Proposed Development Required. A general description of the proposed development of the property.
E. 
Site Plan Required. A Site Plan of the proposed development of the property meeting the requirements set forth under Division 15-7.0100 of this Ordinance.
F. 
Landscape Plan Required. A Landscape Plan meeting the requirements set forth under Division 15-7.0300 of this Ordinance. Any required bufferyard easements shall be so noted on the Landscape Plan. An applicant may elect to only file a preliminary landscape plan generally depicting the landscaping for the premises at the time of Petition filing, with the later submission of a Landscape Plan to be a condition of any final Petition approval, except where Department of City Development staff requires the filing of a Landscape Plan with the Petition or the Plan Commission requires the Landscape Plan submission during its review of the Petition, upon a determination that same is reasonably necessary in order to properly review the visual impacts of the proposed change or amendment. Landscape Plans must be approved by the Plan Commission.
G. 
Natural Resource Protection Plan Required. If natural resource features are present on the subject property, as defined in Divisions 15-4.0100 and 15-11.0100 of this Ordinance, a Natural Resource Protection Plan meeting the requirements set forth in Division 15-7.0200 of this Ordinance.
H. 
Site Intensity and Capacity Calculations Required. Site intensity and capacity calculations meeting the requirements set forth in Division 15-3.0500 and in the prescribed format set forth in the City's application form.
I. 
Architectural Plans. Architectural plans meeting the requirements of Division 15-7.0800 of this Ordinance.
J. 
Additional Information May be Required. Additional information may be required by the Plan Commission or the Common Council.
After holding a public hearing as set forth in this Division, the Plan Commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, be modified, or be denied. The recommendation shall be made within 30 days after the public hearing, and shall be made in writing to the Common Council.
The Plan Commission, as a committee of the Common Council, shall hold a public hearing upon each proposed change or amendment giving notice of the time and place of such hearing by publication in the City of a Class 2 notice under Chapter 985 of the Wisconsin Statutes. Written notice of the public hearing shall also be delivered by regular mail to all owners of properties or portions of properties within 500 feet of the lands described in the application, mailed not less than 10 days prior to the hearing, with the ownership to be determined by the records on file in the Office of the City Assessor; notice to one of joint or in-common owners being notice to all. At least 10 days' prior written notice shall be given to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendments. Due notice of all public hearings on petitions for changes to the floodplain districts or amendment to the regulations affecting the floodplain districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA). Amendments to the floodplain district boundaries or regulations shall not become effective until approved by the DNR and the FEMA. In the case of floodplain district boundary changes, an official letter of map amendment from the FEMA shall also be required and the provisions set forth in § 15-9.0207 of this Division shall be followed. Only statutorily required notice is to be given for text amendment applications; written and mailed notice to owners of properties is not required for the hearing upon an application for a text amendment.
Following such hearing and after careful consideration of the Plan Commission's recommendations, the Common Council shall vote on the passage of the proposed change or amendment.
A. 
Changes to the FW, FC, and FFO Districts. Changes to the FW, FC, and FFO Districts shall further be limited to the following:
1. 
Changes in the Floodway Delineation. Changes to the floodway delineation shall not be permitted where the change will increase the flood stage elevation equal to or more than 0.01 foot in height, unless the petitioner has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. Petitions for floodway changes shall show the effects or the change within the associated flood fringe and shall provide adjusted water surface profiles and adjusted floodplain limits to reflect the increased flood elevations.
2. 
Removal of Land From the FW, FC, and FFO Floodplain Districts. Removal of land from the floodplain districts shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the one-hundred-year recurrence interval flood and further provided that such lands are contiguous to lands lying outside of the floodplains.
3. 
Amendment of Unnumbered A Zones. Amendment of unnumbered A Zones shall not be permitted unless the petitioner provides the City with engineering data showing the flood profile, necessary river cross- sections, flow elevations, and any effect the establishment of a floodway/flood fringe will have on flood stages. The effects shall be limited as set forth in this section. If the unnumbered A Zone is five acres or less in area and where the cost of the proposed development is estimated to be $125,000 or less, the Department of Natural Resources (DNR) will assist the petitioner in determining the required flood elevations.
4. 
No River or Stream Shall be Altered or Relocated. No river or stream shall be altered or relocated until a floodplain zoning change has been applied for and granted in accordance with the requirements of this section, and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The flood-carrying capacity of the altered or relocated watercourse shall not be reduced to less than the flood-carrying capacity before the watercourse was altered or relocated.
5. 
Notice to and Approval by DNR. A copy of all notices for amendments or rezoning in the FW, FC, and FFO Districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) not less than 10 days prior to the public hearing. Notice of action taken shall be provided to the DNR within 10 days of the decision. No amendments to the floodplain district boundaries or regulations shall become effective until approved by the DNR.
6. 
Notice to and Approval by FEMA. Notices of action taken for amendments or rezoning in the FW, FC, and FFO Districts shall be transmitted to the regional office of the Federal Emergency Management Agency (FEMA) within 10 days of the decision. In the case of floodplain district boundary changes, FEMA will determine if an official Letter of Map Amendment (LOMA) or Letter of Map Revision Based on Fill (LOMR-F) will be required. The LOMA and LOMR-F are waivers of Federal insurance requirements; these letters do not fulfill minimum requirements for removing land from the floodplain. To remove land from floodplain, the requirements in § 15- 9.0207A.2 above must be met. No amendments to the floodplain district boundaries or regulations shall become effective until approved by FEMA.
B. 
Changes to the SW Shoreland Wetland District. Changes to the SW District shall further be limited to the following:
1. 
Notice to DNR. The City shall transit a notice of any change (text or map) in the SW District if such change affects land in the shoreland, as defined in this Ordinance, to the Wisconsin Department of Natural Resources (DNR). Notice requirements shall be as follows:
a. 
A copy of every petition for a text or map change mailed within five days of filing with the City Clerk.
b. 
At least 10 days' prior notice of any public hearing on a SW District zoning amendment.
c. 
Notice of a City Plan Commission recommendation no later than 10 days following the recommendation.
d. 
Notice of a Common Council decision no later than 10 days following the decision.
2. 
Review Standards. No wetland in a SW District shall be rezoned if the rezoning may result in a significant adverse impact on storm or floodwater storage capacity; maintenance of dry season streamflow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland; filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery, or feeding grounds; wildlife habitat; or areas of special recreational, scenic, or scientific interest, including scarce wetland types.
3. 
DNR Objections. If the DNR has notified the City Plan Commission that an amendment to the shoreland portion of the SW District may have a significant adverse impact upon any of the criteria listed above, that amendment, if approved by the Common Council, shall contain the following provisions:
"This amendment shall not take effect until more than 30 days have elapsed since written notice of the Common Council's approval of this amendment was mailed to the Department of Natural Resources. During that thirty-day period, the Department of Natural Resources may notify the Common Council that it will adopt a superseding shoreland ordinance for the City, pursuant to § 62.231 of the Wisconsin Statutes. If the Department does so notify the Common Council, the effect of this amendment shall be stayed until the § 62.231 adoption procedure is completed or otherwise terminated."
A. 
Pre-Application Conference. Prior to official submittal of an application for a PDD Planned Development District, the applicant shall file an application to meet with the City Plan Commission for a preliminary discussion on the scope and proposed nature of the contemplated development.
B. 
Application for a PDD Planned Development District. Following the pre-application conference, the owner or his agent may file an application with the City Clerk for an amendment to the Unified Development Ordinance text and map for the creation of a PDD Planned Development District pursuant to the requirements of Division 15-9.0200 of this Ordinance Such application shall be accompanied by all required fees. In addition, the following materials shall be attached to the application for a PDD Planned Development District:
1. 
A statement describing the relationship of the PDD Planned Development District to the City of Franklin's Comprehensive Master Plan, detailed neighborhood or planning district plans, general character of and the uses to be included in the proposed PDD Planned Development District, and the following:
a. 
Total area to be included in the PDD Planned Development District, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services, and any other similar data pertinent to a comprehensive evaluation of the proposed development.
b. 
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
c. 
A general outline of the organizational structure of a property owner's or management's association which is proposed to be established for the purpose of providing necessary private services.
d. 
A general development plan which meets all of the Site Plan requirements set forth in Division 15-7.0100 of this Ordinance and also including:
(1) 
A complete legal description of the boundaries of lands included in the proposed PDD Planned Development District and the PDD District's relationship to surrounding properties.
(2) 
The location of public and private roads, driveways, and parking facilities.
(3) 
The size, arrangement, and location of individual building sites and proposed building groups on each individual site.
(4) 
The location of recreational and open space areas and areas reserved or dedicated for public uses, such as school, park, drainage, etc.
(5) 
The type, size, and location of structures.
(6) 
General landscape treatment.
(7) 
Architectural drawings and sketches illustrating the design and character of proposed structures.
(8) 
The location of public sanitary sewer and water supply facilities.
(9) 
Existing topography on the site.
(10) 
Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
e. 
A Landscape Plan meeting the requirements set forth under Division 15-7.0300 of this Ordinance. Any required bufferyard easements shall be so noted on the Landscape Plan.
f. 
If natural resource features are present on the subject property, as defined in Divisions 15-4.0100 and 15-11.0100 of this Ordinance, a Natural Resource Protection Plan meeting the requirements set forth in Division 15-7.0200 of this Ordinance.
g. 
Site Intensity and Capacity Calculations meeting the requirements set forth in Division 15-3.0500 and in the prescribed format set forth in the City's application form.
C. 
Referral to Plan Commission. The application for a PDD Planned Development District shall be referred to the Plan Commission for its review and recommendation, including any additional conditions or restrictions which it may deem necessary or appropriate.
D. 
Public Hearing Required. The Plan Commission, before formulating its recommendations to the Common Council, shall hold a public hearing pursuant to the provisions of § 15-9.0205. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
E. 
Basis for Approval. The Plan Commission in making its recommendation, and the Common Council in making its determination, shall give consideration to the following:
1. 
Intent to Start Construction Within a Reasonable Period. That the applicant for the proposed PDD Planned Development District has demonstrated that the applicant intends to start construction within a reasonable period following the approval of the change in zoning districts and that the development will be carried out according to a reasonable construction schedule satisfactory to the City.
2. 
Consistency with Unified Development Ordinance and Comprehensive Master Plan Required. That the proposed PDD Planned Development District is consistent in all respects to the purpose of this Section and to the spirit and intent of this Ordinance; is in conformity with the Comprehensive Master Plan, and elements thereof, for community development; is in conformity with, or serves to implement, the appropriate detailed planning district or neighborhood unit development plan, including amendments thereto; would not be contrary to the general welfare and economic prosperity of the City or the immediate neighborhood, and that the benefits and improved design of the resultant development justifies the establishment of a PDD Planned Development District. The Plan Commission in making its recommendations, and the Common Council in making its determination, shall further find that:
a. 
The proposed site shall be provided with adequate drainage facilities for surface and storm water.
b. 
The proposed site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development.
c. 
The proposed development shall not impose any undue burden on public services and facilities, such as fire and police protection.
d. 
The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances of the City.
e. 
Water and sewer facilities shall be provided.
f. 
The application for a PDD Planned Development District shall be filed jointly by all of the owners of all of the lands to be included in the Planned Development District. The PDD Planned Development District shall be considered as one tract, lot or parcel, and the legal description must define the PDD Planned Development District as a single parcel, lot or tract and be recorded as such upon approval with the Register of Deeds for Milwaukee County. Subsequent to the recording of a PDD Planned Development District, the lands therein shall not be divided unless the Common Council determines that such division will not adversely affect improved properties within or the character of the Planned Development District and that the division 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. 
Standards for Residential PDD Planned Development Districts. In the case of proposed residential PDD Planned Development Districts:
a. 
That such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the neighborhood.
b. 
That the total average residential density within the PDD Planned Development District will be compatible with the City of Franklin Comprehensive Master Plan, elements thereof, and the detailed planning district or neighborhood unit development plan prepared for the area.
(1) 
That the population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
(2) 
That adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation or by dedication to the public.
4. 
Standards for Commercial and Institutional PDD Planned Development Districts. In the case of proposed commercial PDD Planned Development Districts:
a. 
That the economic practicality of the proposed development can be justified.
b. 
That the proposed development will be adequately served by off-street parking and truck service facilities.
c. 
That the locations for entrances and exits have been designed to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
d. 
That the architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
e. 
That the total average intensity of development within the PDD Planned Development District will be compatible with the City of Franklin Comprehensive Master Plan, elements thereof, and the detailed planning district or neighborhood unit development plans prepared for the area.
5. 
Standards for Industrial PDD Planned Development Districts. In the case of proposed industrial PDD Planned Development Districts:
a. 
That the operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effects upon the property values of the surrounding neighborhood.
b. 
That the proposed development will have adequate provision for off-street parking and truck service areas and will be adequately served by rail or highway facilities.
c. 
That the proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
d. 
That the total average intensity of development within the PDD Planned Development District will be compatible with the City of Franklin Comprehensive Master Plan, elements thereof, and the detailed planning district or neighborhood unit development plans prepared for the area.
6. 
Standards for Mixed-Use PDD Planned Development Districts. In the case of mixed-use PDD Planned Development Districts:
a. 
That the proposed mixture of uses produces a unified composite which is compatible within itself and which, as a total development entity, is compatible with the surrounding neighborhood and consistent with the standards and objectives of the comprehensive plan.
b. 
That the various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use character.
c. 
That the total average intensity of development within the PDD Planned Development District will be compatible with the City of Franklin Comprehensive Master Plan, elements thereof, and the detailed planning district or neighborhood unit development plans prepared for the area.
7. 
Determination.
a. 
Common Council Action. The Common Council, after due consideration, may deny the application, approve the application as submitted, or approve the application subject to additional conditions and restrictions.
b. 
General and Detailed Approval. The general and detailed approval of an application for rezoning shall be based on and include as conditions thereto the building, site, and operational plans for the development as approved by the Common Council.
(1) 
General Approval. Plans submitted with the application for a rezoning to the PDD Planned Development District need not necessarily be completely detailed at the time of rezoning provided they are of sufficient detail to satisfy the Plan Commission and Common Council as to the general character, scope, and appearance of the proposed development. Such preliminary plans shall designate the pattern of the proposed streets, and the size and arrangement of individual building sites. The approval of such preliminary plans shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses.
(2) 
Detailed Approval. Plans submitted for detailed approval shall be sufficiently precise that all factors that need to be identified by the Plan Commission are presented, and that any approvals given are all that would be necessary prior to issuance of a Certificate of Occupancy.
c. 
Subsequent Change or Addition to the Plans or Use. Any subsequent change or addition to the plans or use shall first be submitted for approval to the Plan Commission and, if in the opinion of the Plan Commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Plan Commission shall be required and notice thereof be given pursuant to the provisions of this Division, and said proposal alterations shall be submitted to the Common Council for approval.
In the event of a protest against such district change or amendment to the regulations of this Ordinance, duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed amendment, or by the owners of 20% or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% of more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such change or amendment shall not become effective except by the favorable vote of 3/4 of the full Common Council membership. No application for a zoning amendment pertaining to specific lands which describes the property to be subject to such proposed zoning amendment so as to create a "buffer zone", which buffer zone is found by the Common Council to have been created to avoid the effect of a protest petition and which buffer zone proposal is not supported by a substantial land use reason or a reasonable zoning practice purpose, shall be approved. The burden of proof with regard to the findings to be made by the Common Council hereunder shall be upon the applicant.