The language set forth in the text of this Ordinance shall be
interpreted in accordance with the following rules of construction:
A.Â
Singular and Plural. The singular number includes
the plural, and the plural the singular;
B.Â
Tense. The present tense includes the past and future
tenses, and the future the present;
C.Â
Shall and May. The word "shall" is mandatory; the
word "may" is permissive;
D.Â
Gender. The masculine gender includes the feminine
and neuter genders;
E.Â
Defined Words and Terms. Whenever a word or term
defined hereinafter appears in the text of this Ordinance, its meaning
shall be construed as set forth in the definition thereof; and any
word appearing in parentheses between a word and its definition herein,
shall be construed in the same sense as that word.
F.Â
Words Not Defined Herein. Any words not defined
in this Division shall be presumed to have their customary dictionary
definitions.
G.Â
Words "this Ordinance." Shall mean this Unified
Development Ordinance of the City of Franklin, Milwaukee County, Wisconsin.
The following abbreviations and symbols are used in this Ordinance
and are intended to have the following meanings:
Acre(s).
Average daily traffic.
Building coverage.
Diameter at breast height for a tree.
Wisconsin Department of Natural Resources.
Dwelling unit.
Federal Emergency Management Agency.
Foot/feet.
Gross floor area ratio.
Impervious surface ratio.
Gross density.
Hertz.
Landscape surface ratio.
Maximum.
Minimum.
Net density.
Net floor area ratio.
Open space ratio.
Southeastern Wisconsin Regional Planning Commission.
Square foot/square feet.
Standard Industrial Classification.
Square foot/square feet.
Equal.
Is less than.
Is less than or equal to.
Is greater than.
Is greater than or equal to.
Areas of potential flooding shown on the City's "Flood Insurance
Rate Maps" which would be inundated by the regional flood as defined
herein. These numbers may be numbered as A0, A1 to A99, or be unnumbered
A Zones. The A Zones may or may not be reflective of flood profiles,
depending on the availability of data for a given area.
An action to give up one's rights or interests in property.
Having a common border with, or being separated from such
common border by an alley or easement, other than publicly dedicated
and approved rights-of-way.
A means of vehicular or non-vehicular approach or entry to
or exit from property, a street, or highway.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough to accommodate wheeled
vehicles.
A means of vehicular or nonvehicular approach or entry to
or exit from property from other than a public street or highway (such
as an alley). This is not necessarily meant to include a second primary
access that might be required for developments.
An "accessory structure or use" is one which:
Is subordinate to and serves a principal structure or principal
use;
Is subordinate in area, extent, or purpose to the principal
structure or principal use served;
Contributes to the comfort, convenience, or necessity of occupants
of the principal structure or principal use served; and
Is located on the same zoning lot as the principal structure
or principal use served.
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An "accessory use" includes, but is not limited to, the following:
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a.
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A children playhouse, garden house, or private greenhouse;
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b.
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A garage, shed, or building for domestic storage;
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c.
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Incinerators incidental to residential use;
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d.
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Storage of merchandise normally carried in stock on the same
lot or parcel with any retail service or business use, unless such
storage is excluded by the district regulations;
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e.
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Storage of goods used in or produced by manufacturing activities
on the same lot or parcel of ground with such activities, unless such
storage is excluded by the district regulations;
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f.
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Off-street motor car parking areas, and loading and unloading
facilities;
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g.
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Carports;
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h.
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Signs (other than advertising signs), in conformity with the
provisions of an Ordinance known as the Sign Ordinance, heretofore
adopted by the City of Franklin and as amended from time to time;
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i.
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Public utility facilities — telephone, electric, gas,
water, and sewer lines, their supports and incidental equipment;
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j.
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Decks when used as a patio, porch, or platform without any form
of enclosing wall or roof structure.
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In the case of plats, any tract or parcel of land having
an area of three acres or more which has not heretofore been subdivided
or platted.
The remaining ground area after deleting all portions for
proposed and existing streets within a development or subdivision.
For the purposes of Division 15-8.0300, the construction
of buildings, roads, utilities, parking lots, paved storage areas
and similar facilities.
Any man-made change of the land surface including removing
vegetative cover, excavating, filling and grading but not including
agricultural land uses such as planting, growing, cultivating and
harvesting of crops; growing and tending of gardens; harvesting of
trees; and landscaping modifications (if less than 2,000 square feet.).
Nearby, but not necessarily touching or abutting.
Average daily traffic. The average total number of vehicles
traversing a street on a typical day.
A person or firm duly authorized by the property owner to
submit applications on his, her, their, or its behalf.
All of the growing of crops in the open and the raising and
feeding of livestock and poultry; including farming, farm buildings,
and farm dwellings; truck gardens; flower gardens; apiaries; aviaries;
mushroom growing; nurseries; orchards; forestry; dairying; greenhouses;
and commercial vegetables. Specific agricultural uses are further
defined in § 15-3.0603 of this Ordinance.
Any area of land or water which is used, or intended for
use, for the landing and take-off of aircraft; and any appurtenant
areas which are used or intended for use as airport buildings or other
airport structures or right-of-way, together with all airport buildings
and structures located thereon.
A public way, not more than 30 feet wide, which affords only
a secondary means of access to abutting property.
Any change which would tend to prolong the life of the supporting
members of a building or structure, such as bearing walls, columns,
beams, or girders.
An area of land, including the structures thereon, which
is devoted to a commercial enterprise open to the public, which provides
to patrons multiple amusement attractions which include, but not limited
to, amusement rides, games of chance, etc.
Any antenna designed to receive broadcasts relayed by signals
from earth orbiting communications satellites.
A room or suite of rooms in a multiple-family structure,
which is arranged, designed, used, or intended to be used, as a single
housekeeping unit. Complete kitchen facilities, permanently installed,
must always be included for each apartment.
An apartment located above the first floor of a commercial
building. (See § 15-3.0703(C) of this Ordinance.)
The Common Council, Plan Commission, the town wherein the
plat is located, and each adjoining city or village in whose extraterritorial
plat approval jurisdiction of the subdivision lies and any other governmental
agency with applicable approval jurisdiction pursuant to Ch. 236,
Stats.
A special or unique situation excluding a change in use or
a use prohibited in a zoning district, which may be authorized by
the Board of Zoning and Building Appeals and is specifically set forth
in this Ordinance as an area exception (being a "special exception"
as those terms are used within § 62.23(7)(e), Stats., and
nothwithstanding the definition of "special Exception" otherwise set
forth in this Subsection § 15-11.0103 and by that specific
definition pertaining only to natural resource regulations) and which
may justify the waiver of the regulations applicable to area and dimensional
and bulk requirements not involving natural resource regulations and
does not necessarily require the demonstration of an unnecessary hardship
or practical difficulty. [See Fabyan v. Waukesha County Board of Adjustment,
246 Wis. 2d 851, 632 N.W.2d 116 (Ct. App. 2001)]
A combination of housing and maintenance services provided
to residents on-site within the same building and in response to the
individual needs of residents. Supportive services such as meals,
dietary supervision, housekeeping, transportation to shopping and
medical appointments, social and recreational activities, educational
activities, and security and response systems on-site within the same
building to meet resident needs. These services can also include on-site
medication management or intermittent health care services from qualified
providers located within the same building. Services are furnished
in a way that promotes self-direction and participation in decisions
that emphasize independence, individuality, and privacy in a residential
surrounding.
A room, hall, or building assigned to the gathering of people
as an audience, to hear lectures, plays, or other presentations.
(See definition of "Hotel-Inn.")
A building or portion thereof, where automobiles are washed
with the use of a mechanical conveyor and blower or steam-cleaning
device.
A zoning lot on which new cars, trailers, or trucks are displayed
in the open for sale or trade.
A zoning lot on which used cars, trailers, or trucks are
displayed in the open for sale or trade.
Engine rebuilding or major reconditioning of worn or damaged
motor vehicles or trailers; collision service, including body frame
or fender straightening or repair; and painting of vehicles.
Incidental repairs, replacement of parts, and motor service
to automobiles but not including any operations specified under Automobile
Repair, Major.
An open area, other than a street, used for the display or
sale of new or used automobiles, and where no repair work is done
except for minor incidental repair of automobiles to be displayed
and sold on the premises.
A place where gasoline, stored only in underground tanks;
kerosene; lubricating oil; or grease for operation of automobiles
are offered for sale directly to the public, on the premises, and
including minor accessories and servicing of automobiles; but not
including major automobile repairs; and including washing of automobiles
where no chain conveyor, blower, or steam-cleaning device is employed.
When the dispensing, sale, or offering for sale of motor fuels or
oil is incidental to the conduct of a public garage, the premises
shall be classified as a public garage. Automobile service stations
shall not include sales, rental, or storage of automobiles or trailers
(new or used).
Any place where two or more motor vehicles, not in running
condition, or parts thereof, are stored in the open and are not being
restored to operation; or any land, building, or structure used for
wrecking or storing of such motor vehicles or parts thereof, and including
any used farm vehicles or farm machinery, or parts thereof, stored
in the open and not being restored to operating condition; and including
the commercial salvaging of any other goods, vehicles, or merchandise
stored in the open. The open storage of any type of mechanical equipment
from which parts can be salvaged shall be classified as salvaging.
A root-like cover, temporary in nature, which projects from
the wall of a building and overhangs the wall or building.
A story wholly underground; or a story of a building, the
floor line of which is below lot grade and the ceiling of which is
not more than one foot above lot grade; the lot grade being the front
center of the garage floor elevation set at time of building permit,
or the street centerline, whichever is the highest elevation.
That story of the building, the floor line of which is below
lot grade and the ceiling of which is greater than one foot above
lot grade, with an exterior exposure to provide for living area with
safe egress, as determined by the building code. The lot grade shall
be the front center of the garage floor elevation set at time of building
permit, or the street centerline, whichever is the highest elevation.
If any story conforms to the definition of "Living Area, First Floor,"
or "Basement," that story shall never be considered a half basement.
For the purposes of height measurement, a half basement shall be counted
as a story where more than one-half of the height is above the average
level of the abutting ground elevation.
A man-made or natural depression below the surrounding grade
level designed to collect surface and subsurface water so that it
might impede the water flow and to gradually release the same at a
rate not greater than that prior to the development of the property,
into natural or man-made outlets (i.e., the storm sewer system or
stream).
A man-made or natural body of water of a depth of not less
than three feet, designed to contain water at all times, the level
of which will be increased as a result of the flow into it of surface
and subsurface water, collected therein and released gradually into
natural or man-made outlets.
Any room other than a living room, dining room, family room,
kitchen, bathroom, or utility room, for the purpose of this Ordinance,
shall be considered a bedroom. Dens, studies, etc. and similar areas
which may be used as bedrooms shall be counted as bedrooms for the
purposes of this Ordinance.
(See definition of "Loading and Unloading Space, Off-Street.")
A pathway designed specifically to satisfy the physical requirements
of bicycling.
Any structure or portion thereof upon which are signs or
advertisements used as an outdoor display. This definition does not
include bulletin boards used to announce church services, or to display
court or other public official notices, or signs offering the sale
or lease of the premises on which the sign is located.
A tract of land bounded by streets or, in lieu of a street
or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead
lines or shorelines of waterways or corporate boundary lines of municipalities.
(See definition of "Zoning Board.")
A building other than a hotel or restaurant where meals are
provided for compensation to four or more persons, but not more than
12, who are not members of the keeper's family.
Any structure designed for the purpose of protecting or storing
of boats used in conjunction with a residence for noncommercial purposes,
and located on the same lot as the principal building and not for
human habitation.
(See definition of "Bufferyard.")
All of that land area located within 75 feet landward of
the ordinary high water mark of all ponds, streams, lakes, and navigable
waters (as determined by the Wisconsin Department of Natural Resources)
and parallel to that ordinary high water mark, which is to remain
undisturbed as a Natural Resource Feature (including undisturbed natural
vegetation). Shore buffers do not include any area of land adjacent
to any stream enclosed within a drainage structure, such as a pipe
or culvert. The area of shore buffers (in square feet and acres) shall
be measured and graphically delineated on the "Natural Resource Protection
Plan." A shore buffer is also a setback.
All of that land area located within 30 feet landward of
a delineated wetland boundary and parallel to that delineated wetland
boundary.
An area of land within the boundaries of a lot or site, generally
adjacent to and parallel with the property line, either consisting
of natural existing vegetation or using trees, shrubs, fences, and/or
berms, designed to limit continuously the view and/or sound from the
lot or site to adjacent lots or sites. Bufferyards are typically defined
by a delineated easement graphically indicated on the face of the
Site Plan, Landscape Plan, Certified Survey Map, Subdivision Plat,
or Condominium Plat. Bufferyards may be required between zoning districts
and/or land uses to eliminate or minimize conflicts between them as
set forth in Division 15-3.0300 of this Ordinance.
The space remaining on a zoning lot after the minimum space
requirements of this Ordinance have been complied with.
The vertical distance measured from the curb level or its
equivalent established grade opposite the middle of the front of the
building to the highest point of the roof in the case of a flat or
slant roof, to the deck line of a mansard roof; and to the mean height
level between eaves and ridge of a gable, or hip, or gambrel roof;
provided that where buildings are set back from the street line, the
height of the building may be measured from the average elevation
of the finished grade at the front of the building.
The Building Inspector of the City of Franklin, Milwaukee
County, Wisconsin.
The line nearest the front of and across a zoning lot, establishing
the minimum setback to be provided between the front line of a building
or structure and the street right-of-way line.
A building separated on all sides from the adjacent open
space, or from other buildings or other structures, by a permanent
roof and by exterior walls, pierced only by windows and normal entrance
or exit doors.
A building surrounded by open space on the same zoning lot.
Any structure with substantial walls and roof securely affixed
to the land and entirely separated on all sides from any other structure
by space or by walls in which there are no connecting doors, windows,
or openings; and which is designed or intended for the shelter, enclosure
or protection of persons, animals, or chattels. Any structures with
interior areas not normally accessible for human use, such as gas
holders, oil tanks, water tanks, grain elevators, coal bunkers, oil
cracking towers, and other similar structures, are not considered
as permanent buildings.
A non-accessory building in which the principal use of the
zoning lot on which it is located is conducted.
A structure designed, built, created, or occupied for short
and/or intermittent periods of time not to exceed one year, including
tents, inflatable structures, lunch wagons, dining cars, trailers,
and other roofed structures on wheels or other supports used for residential,
business, mercantile, storage, commercial, industrial, institutional,
assembly, educational, or recreational purposes; or for the enclosure
or screening of goods or property; or for the display of signs and
advertising. For the purpose of this definition, "roof" shall include
an awning or other similar covering whether or not it is permanent
in nature.
Term used to indicate the size, height, area, density, intensity
and location of structures. (See Part 3 of this Ordinance.)
An occupation, employment, or enterprise which occupies time,
attention, labor, and materials, or wherein merchandise is exhibited
or sold, or where services are offered other than home occupations.
A measurement of the diameter of a tree taken six inches
from above the ground level for trees up to and including four-inch
caliper sizes, and 12 inches above the ground level for larger sizes.
An establishment consisting of a permanent building or group
of permanent buildings used periodically by an association of persons
where seasonal accommodations for recreational purposes are provided
only to members of such association and not to anyone who may apply.
A roofed-over area attached to the principal building for
vehicle storage, which may be open on three sides.
A plat or map prepared for a minor land division as defined
in Division 15-7.0700 of this Ordinance and prepared and recorded
as set forth in § 236.34 of the Wisconsin Statutes (also
see definition for "Minor Land Division").
A natural or artificial watercourse of perceptible extent
which periodically or continuously contains moving water, or which
forms a connecting link between two bodies of water. It has a definite
bed and banks which confine the water.
Those floodplains normally occupied by a stream of water
under average annual high-water flow conditions while confined within
generally well-established banks.
An occupancy use of a dwelling unit or a residential use unit pursuant to a plan of the Department of Health and Family Services, a Court order, or as may otherwise result from or be provided for under Chapter 980 of the Wisconsin Statutes, which occupancy use is the supervised release of a sexually violent person (a person having committed a sexually violent offense as those terms are defined in § 167-2. of the Municipal Code) and/or a crimes against children sex offender, or a residential use with or without supervision, by a person now, then or previously a sexually violent person and/or a crimes against children sex offender. A "crimes against children sex offender use" is an occupancy use by an individual who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:
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§ 940.225(1) First Degree Sexual Assault;
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§ 940.225(2) Second Degree Sexual Assault;
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§ 940.225(3) Third Degree Sexual Assault;
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§ 940.22(2) Sexual Exploitation by Therapist;
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§ 940.30 False Imprisonment-victim was minor and not
the offender's child;
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§ 940.31 Kidnapping-victim was minor and not the offender's
child;
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§ 944.01 Rape (prior statute);
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§ 944.06 Incest;
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§ 944.10 Sexual Intercourse with a Child (prior statute);
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§ 944.11 Indecent Behavior with a Child (prior statute);
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§ 944.12 Enticing Child for Immoral Purposes (prior
statute);
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§ 948.02(1) First Degree Sexual Assault of a Child;
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§ 948.02(2) Second Degree Sexual Assault of a Child;
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§ 948.025 Engaging in Repeated Acts of Sexual Assault
of the Same Child;
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§ 948.05 Sexual Exploitation of a Child;
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§ 948.055 Causing a child to View or Listen to Sexual
Activity;
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§ 948.06 Incest with a Child;
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§ 948.07 Child Enticement;
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§ 948.075 Use of a Computer to Facilitate a Child
Sex Crime;
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§ 948.08 Soliciting a Child for Prostitution;
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§ 948.095 Sexual Assault of a Student by School Instructional
Staff;
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§ 948.11(2)(a) or (am) Exposing Child to Harmful Material-felony
sections;
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§ 948.12 Possession of Child Pornography;
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§ 948.13 Convicted Child Sex Offender Working with
Children;
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§ 948.30 Abduction of Another's Child;
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§ 971.17 Not Guilty by Reason of Mental Disease-of
an included offense; and
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§ 975.06 Sex Crimes Law Commitment.
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The City Attorney of the City of Franklin, Milwaukee County,
Wisconsin.
The City Clerk of the City of Franklin, Milwaukee County,
Wisconsin. For application purposes, the term "City Clerk" may include
the City Clerk's designee.
The City of Franklin City Planning and Zoning Administrator.
Publication of a public hearing notice under the provisions
of Chapter 985 of the Wisconsin Statutes in a newspaper of circulation
in the affected areas. Publication is required on two consecutive
weeks, the last at least seven days prior to the public hearing.
(See definition of "Medical Health Center.")
A nonprofit association of persons, who are bona fide members
paying annual dues, which owns, hires, or leases a building or portion
thereof, the use of such premises being restricted to members and
their guests. It shall be permissible to serve food and meals on such
premises provided that adequate dining room space and kitchen facilities
are available. The sale of alcoholic beverages to members and their
guests shall be allowed in conjunction with the operation of a dining
room for the purpose of serving food and meals, though such beverages
may be served in a separate room or rooms, and provided that such
sale of alcoholic beverages is in compliance with the applicable federal,
state, and county laws.
(See definition for "Materials, Inflammable.")
The Franklin City Plan Commission, to be consistent with
§ 62.23(1) of the Wisconsin Statutes creating a City Plan
Commission.
Land in a residential development held in common and/or single
ownership and not reserved for the exclusive use or benefit of an
individual tenant or owner but rather for the benefit of all occupants
of the development.
The Common Council of the City of Franklin, Milwaukee County,
Wisconsin.
A town, municipality, or a group of adjacent towns and/or
municipalities having common social, economic, or physical interests.
The following facilities licensed or operated, or permitted
under the authority of Wisconsin State Statutes: child welfare agencies
under § 48.60, group foster homes for children under § 48.02(7m),
and community-based residential facilities under § 50.01;
but does not include day care centers, nursing homes, general hospitals,
special hospitals, Chapter 980 Stats. supervised release and crimes
against children sex offender uses, prisons, and jails. The establishment
of a community living arrangement shall be in conformance with §§ 46.03(22),
59.97(15), 62.23(7)(i), and 62.23(7a) of the Wisconsin State Statutes.
(See definition of "Master Plan")
(See definition of "Master Plan")
Property subject to a condominium declaration as defined,
regulated, and established under Chapter 703 of the Wisconsin Statutes.
Any building or portion thereof which contains facilities
for living, sleeping, and sanitation, as required by this Ordinance,
and may include facilities for eating and cooking, for occupancy by
other than a family. A congregate residence may be a convent, monastery,
dormitory, or fraternity or sorority house but does not include jails,
hospitals, nursing homes, hotels, or lodging houses.
Any or all work or operations necessary or incidental to
the erection, demolition, assembling, installing, or equipping of
buildings, or any alterations and operations incidental thereto. The
term "construction" shall include land clearing, grading, excavating,
and filling and shall also mean the finished product of any such work
or operations.
The excavation of or installation of foundation footings
or grading other than for the installation of materials for road construction.
In contact with one or more sides.
An open, unoccupied space opening onto a street, alley, or
yard.
A local street with only one outlet and having an appropriate
turn-around for the safe and convenient reversal of traffic movement.
A vertical or sloping edge of a roadway.
The point at which all light rays emitted by a lamp, light
source, or luminaire are completely eliminated (cut-off) at a specific
angle above the ground.
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source above which no light is emitted.
A luminaire with elements such as shields, reflectors, or
refractor panels which direct and cut off the light at an angle that
is less than 90°.
A State licensed facility where a person, other than a relative
or guardian, provides care and supervision for four or more children
under seven years of age, for less than 24 hours a day and for compensation.
A basic measure for quantifying noise exposure, namely: The
A-weighted sound level averaged over a twenty-four-hour time period,
with a 10 decibel penalty applied to nighttime (10:00 p.m. to 7:00
a.m.) sound levels.
The A-weighting scale of sound measurement as expressed in
decibels.
(See definition of "Diameter at Breast Height..")
A unit of measurement of the intensity (loudness) of sound.
Sound level meters which are employed to measure the intensity of
sound are calibrated in "decibels."
A structure attached to or closely adjacent to any dwelling
unit that is:
The transfer of property interests from private to public
ownership for a public purpose. The transfer may be of fee simple
interest or of a less than fee simple interest, including an easement.
The quotient of the total number of dwelling units on a site
divided by the base site area of a site.
The quotient of the total number of dwelling units divided
by the net buildable site area of a site.
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase or other persons having enforceable
proprietary interests in such land.
The carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land,
or the dividing of land into parcels by any person. Any man-made change
to improved or unimproved real estate including, but not limited to,
construction of or additions or substantial improvements to buildings,
other structures, or accessory uses, mining, dredging, filling, grading,
paving, excavation or drilling operations, or disposition of materials.
The following activities or uses shall be taken for the purposes of
these regulations to involve "development":
A reconstruction, alteration of, or material change in the external
appearance of a structure on land or water; or
A change in the intensity of use of land, such as an increase
in the number of dwelling units in a structure or on land or an increase
in the floor area or number of businesses, manufacturing establishments,
or offices; or
Alteration of a shore or bank of a pond, river, stream, lake,
or other waterway; or
Commencement of drilling (except to obtain soil samples), mining,
or excavation on a parcel of land; or
Demolition of a structure; or
Clearing of land as an adjunct of construction, including clearing
or removal of vegetation, any significant disturbance of vegetation,
or any soil manipulation; or
Deposit of refuse, solid or liquid waste, or fill on a parcel
of land.
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The following operations or uses shall not be taken for the
purpose of these regulations to involve "development":
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a.
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Work by a highway or road agency or railroad company for the
maintenance of a road or railroad track if the work is carried out
on land within the boundaries of the right-of-way; or
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b.
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Work by any utility, and other persons engaged in the distribution
or transmission of gas or water, for the purposes of inspecting, repairing,
renewing, or constructing on established rights-of-way sewers, mains,
pipes, cables, utility tunnels, power lines, towers, poles, tracks,
or the like. (Exclusive of the activities requiring a Special Use
Permit as per the requirements of this Ordinance); or
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c.
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The maintenance, renewal, or alteration of any structure, where
only the interior or the color of the structure or the decoration
of the exterior of the structure is affected; or
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d.
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The use of any structure or land devoted to dwelling uses for
any purpose customarily incidental to enjoyment of the dwelling; or
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e.
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A change in the ownership or form of ownership of any parcel
or structure; or
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f.
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Work involving the landscaping of a detached dwelling; or
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g.
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Work involving the maintenance of existing landscaped areas
and existing rights-of-way such as setbacks and other non-natural
planting areas; or
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h.
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Agricultural land uses such as planting, growing, cultivating
and harvesting crops; growing and tending gardens; or harvesting trees
planted and grown for commercial purposes.
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"Development" includes all other activity customarily associated
with it unless otherwise specified. When appropriate to the context,
"development" refers to the act of development or to the result of
development within the City. Reference to any specific operation is
not intended to mean that the operation or activity, when part of
other operations or activities, is not development. Reference to particular
operations is not intended to limit the generality of this definition.
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A residential building designed for occupancy by three or
more dwelling units.
Agricultural, residential, recreational, and other open space
development at such concentrations and densities not requiring traditional
urban services and facilities. Such rural development may be expected
to result in minimum disturbance of the land and land cover and, therefore,
less impact on the natural environment. (Also see definition for "Rural
Area.")
Residential, commercial, industrial, governmental, and institutional
development in sufficient concentrations or densities to require a
variety and high level of traditional urban services and facilities
including but not limited to: full- or part-time municipal police
and fire protection, and community administration; additional public
streets and highways; neighborhood parks and playgrounds; neighborhood
schools; local libraries; public sanitary sewer facilities, public
water supply facilities, and public solid waste removal; storm sewers;
mass transit facilities; continual street maintenance; curbs, gutters,
and sidewalks; street lighting; and neighborhood convenience shopping.
Such development may be expected to alter or require the altering
of land and land cover and have detrimental impact on the ground and
surface waters. (Also see definition for "Urban Area.")
The diameter of the trunk of a tree measured in inches at
a point 4.5 feet above ground line. This point of measurement is used
for established and mature trees.
A part or parts of the City for which the regulations of
this ordinance governing the use and location of land and buildings
are uniform (such as the Residential and Nonresidential District Classifications).
Overlay districts provide for the possibility of superimposing
certain additional requirements upon a basic zoning district without
disturbing the requirements of the basic district. In the instance
of conflicting requirements, the more strict of the conflicting requirements
shall apply.
Any man-made change of the land surface including removing
vegetative cover, excavating, filling, and grading but not including
agricultural land uses such as planting, growing, cultivating, and
harvesting crops; growing and tending gardens; or harvesting trees
for commercial purposes.
Where the title or part thereof of land is transferred by
the execution of a land contract, an option-to-purchase, an offer-to-purchase
and acceptance, a deed, a Subdivision Plat, or a Certified Survey
Map.
The farthest distance, measured as a radius and the total
area encompassed thereby, where the branches of a tree extend from
its trunk indicating the extent of the canopy of a tree.
A commercial retail, personal service, or service establishment
designed or intended to enable a customer in a motor vehicle parked
on or moving through the premises to transact business with a person
located outside of the motor vehicle including an establishment or
facility that by design of physical facilities or by service or packaging
procedures encourages or permits customers to receive a service or
obtain a product while staying within a motor vehicle. Such establishments
include, but are not necessarily limited to, financial institutions,
restaurants, and dry cleaning stores.
A paved or unpaved area used for ingress or egress of vehicles
allowing access from a street to a lot or site, use, building, or
other structure or facility.
A vehicular access route which is above the regional flood
elevation and which connects land located in the floodplain to land
which is outside the floodplain, such as a road with its surface above
the regional flood elevation and wide enough to accommodate wheeled
vehicles.
A building or portion thereof, but not including a house
trailer or mobile home, designed or used exclusively for residential
occupancy, including one-family dwelling units, two-family dwelling
units, and multiple-family dwelling units, but not including hotels,
motels, or boarding or lodging houses.
Two or more one-family, two-family, or multiple-family dwellings,
or boarding or lodging houses, located on one zoning lot, but not
including tourist courts or motels.
One or more rooms in a residential structure, or other structure
properly zoned for residential uses, which are arranged, designed,
used, or intended for use by one family, plus not more than four lodgers,
for living or sleeping purposes, and which includes complete kitchen
facilities permanently installed.
A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls.
A dwelling which is entirely surrounded by open space on
the same lot.
A two-family dwelling in which the living quarters are arranged
side by side or one over the other.
A dwelling unit consisting of one principal room with no
separate sleeping rooms.
A building or portion thereof designed or altered for occupancy
by three or more families living independently of each other.
A dwelling unit designed exclusively for use and occupancy
by one family.
A row of two to six attached one-family, party-wall dwellings,
not more than 2-1/2 stories in height, nor more than two rooms in
depth, measured from the building line.
A building designed or altered to provide dwelling units
for occupancy by two families.
The area of land set aside or over or through which a liberty,
privilege, or advantage in land, distinct from ownership of the land,
is granted to the public or some particular person or part of the
public.
A type of "Protective Covenant" the boundary lines of which
are graphically depicted on the face of a Certified Survey Map, Preliminary
Plat, Final Plat and/or Condominium Plat used to conserve and preserve
a natural resource feature that is protected under the provisions
of this Ordinance.
Fields that arise whenever electrons are moved through a
conducting medium. They have two components, one electric, the other
magnetic. These fields have regular periodicity, measured in hertz.
The detachment and movement of soil, sediment or rock fragments
by water, wind, ice, or gravity.
The unincorporated area within 1.5 miles of a fourth-class
city or a village and within three miles of all other cities. Wherever
such statutory extraterritorial powers overlap with those of another
city or village, the jurisdiction over the overlapping area shall
be divided on a line all points of which are equidistant from the
boundaries of each community so that not more than one community exercises
extraterritorial powers over any area.
A family may consist of a person living alone or any of the
following groups living together in a dwelling unit and sharing common
living, sleeping, cooking and eating facilities:
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1.
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Any number of people related by blood, marriage, adoption, guardianship
or other duly authorized custodial relationships;
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2.
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Two unrelated people;
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3.
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Two unrelated people and any children related to either of them.
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A family does not include:
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1.
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Any society club, fraternity, sorority, association, lodge,
combine, federation or other like organization;
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2.
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Two or more individuals whose association to each other is temporary
and/or seasonal in nature;
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3.
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More than one person determined to be a sexually violent person
under Chapter 980, Wisconsin Statutes and/or a crimes against children
sex offender as defined within this Ordinance;
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4.
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Three or more people who are granted a Special Use Permit as
a Functional Family Unit, provided that a Special Use Permit for a
Functional Family Unit shall be personal to the Functional Family
Unit.
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An area which is used for the growing of the usual farm products
such as: vegetables, fruit trees, and grain, and for the packing or
storage of the products produced on the premises; as well as for the
raising thereon of the usual farm poultry and farm animals such as
horses and cattle, as secondary to crop raising, subject to distance
limitations from residential property, and not including the commercial
feeding of garbage or offal to swine or other animals, the commercial
feeding of animals on open lots where no feed is raised on the premises,
or the commercial feeding of poultry broilers, or laboratory animals,
such as mice, rats, rabbits, etc. Specific farm uses are further defined
in § 15-3.0603 of this Ordinance.
The federal agency that administers the National Flood Insurance
Program.
A structure which is a barrier or is used as a boundary or
means of protection or confinement.
A fence, including gates, which is more than 75% open and
less than three feet in height, such as split rail fences used for
ornamental purposes. For purposes of this section, chain link and
picket fences are not considered to be decorative fences.
A fence, including gates, which conceals from view from adjoining
properties, streets, or alleys activities conducted behind it.
Solid fill is earth, clay, soil, ground, stones, rocks, and
also broken concrete, if the same does not exceed 18 inches in diameter,
cinders (consisting of the residue from the combustion of coal and
not less than 1/8 inch in diameter), or any mixture or combination
of the foregoing.
(See definition of "Fill.").
The final map, drawing or chart on which the Subdivider's
plan of subdivision is presented for approval and which, if approved,
will be submitted to the Milwaukee County Register of Deeds.
A temporary rise in stream flow or stage that results in
water overtopping its banks and inundating areas adjacent to the channel.
An examination, evaluation, and determination of flood hazards,
and if appropriate, corresponding water surface elevations; or an
examination, evaluation, and determination of mudslide (i.e., mud
flow) and/or flood-related erosion hazards. Such studies shall result
in the publication of a Flood Insurance Rate Map showing the intensity
of flood hazards in either numbered or unnumbered A Zones.
A graph showing the relationship of the floodwater surface
elevation of a flood event of a specified recurrence interval to the
stream bed and other significant natural and man-made features along
a stream.
A point two feet above water surface elevation of the one-hundred-year
recurrence interval flood. This safety factor, also called "freeboard,"
is intended to compensate for the many unknown factors that contribute
to flood heights greater than those computed. Such unknown factors
may include ice jams, debris accumulation, wave action, and obstructions
of bridge openings.
The elevation of the floodwater surface above an officially
established datum plane, which is either National Geodetic Vertical
Datum (NGVD) or Franklin City Datum, as noted on each sheet of the
Official Zoning Map or in any of the flood profiles cited in this
Ordinance.
The regional flood is a flood determined to be representative
of large floods known to have generally occurred in Wisconsin and
which may be expected to occur on a particular stream because of like
physical characteristics. The flood frequency of the regional flood
is once in every 100 years; this means that in any given year, there
is a one-percent chance that the regional flood may occur or be exceeded.
During a typical thirty-year mortgage period, the regional flood has
a twenty-six-percent chance of occurrence.
Those floodplains, outside the floodway, subject to inundation
by the one-hundred-year recurrence interval flood. For the purpose
of this ordinance, the floodplain fringe includes the Floodplain Conservancy
District and the Floodplain Fringe Overlay District.
Any combination of structural provision, changes or adjustments
to properties and structures, water and sanitary facilities, and contents
of buildings subject to flooding, for the purpose of reducing or eliminating
flood damage.
A designated portion of the one-hundred-year flood that will
safely convey the regulatory flood discharge with small, acceptable
upstream and downstream stage increases, limited in Wisconsin to less
than 0.01 foot unless special legal measures are provided. The floodway,
which provides the channel, is that portion of the floodplain not
suited for human habitation. All fill, structures, and other development
that would impair floodwater conveyance by adversely increasing flood
stages or velocities or would itself be subject to flood damage should
be prohibited in the floodway.
An intensity measured as a ratio derived by dividing the
total gross floor area of a building or structure by the base site
area. Where the lot is part of a larger development and has no required
bufferyard, that lot area may be used instead of the base site area
to calculate the lot's development potential. Also see Division 15-3.0500.
An intensity measured as a ratio derived by dividing the
total gross floor area of a building or structure by the net buildable
site area. Also see Division 15-3.0500.
For the purpose of determining the floor area ratio, the
gross floor area of a building or buildings shall be the sum of the
gross horizontal areas of the several floors of such building or buildings
- measured from the exterior faces of exterior walls or from the centerline
of party walls separating two buildings. In particular, "gross floor
area" shall include:
Basement space if at least 0.5 of the basement story height
is above the established curb or ground level;
Elevator shafts and stairwells at each floor;
Floor space used for mechanical equipment where the structural
headroom exceeds 7.5 feet; except equipment, open or enclosed, located
on the roof; i.e., bulkheads, water tanks, and cooling towers;
Attic floor space where the structural headroom exceeds 7.5
feet;
Interior balconies and mezzanines;
Enclosed porches, but not terraces and breezeways;
Accessory buildings.
The floor area shall mean the sum of the gross horizontal
areas of the several floors of the buildings or portion thereof, devoted
to such use, including accessory storage areas located within selling
or working space, such as counters, racks, or closets, and any basement
floor area devoted to retailing activities, to the production or processing
of goods, or to business or professional offices. However, floor area
for purposes of measurement for off-street parking spaces shall not
include: floor area devoted primarily to storage purposes (except
as otherwise noted herein); floor area devoted to off-street parking
or loading facilities, including aisles, ramps, and maneuvering space,
or basement floor area other than area devoted to retailing activities,
to the production or processing of goods, or to business or professional
offices.
The lot area covered by a principal building, measured at
grade from the exterior faces of the exterior walls, but excluding
open porches or terraces, garages, or carports.
A unit of illumination produced on a surface, all points
of which are one foot from a uniform point source of one candle.
(See definitions for "Woodland, Mature" and "Woodland, Young.")
The primary domicile of a foster parent which is for four
or fewer foster children and which is licensed under § 48.62
of the Wisconsin State Statutes and amendments thereto.
A major highway having no intersections at grade and having
fully controlled access, hence, "free" from conflicts and interruptions.
The number of oscillations per second in a sound wave, measuring
the pitch of the resulting sound.
All the property fronting on one side of a street between
the nearest intersecting streets or between a street right-of-way,
waterway, or other similar barrier.
In R-1, R-1E (as applied to this District, "single" dwelling
unit shall mean and be such number of dwelling units lawfully existing
upon the property), R-2, R-3, R-3E, R-4, R-5 and R-6 single-family
residence zoning districts and in R-7 two-family, R-8 general residence,
VR Village residence, residential planned development and A-I and
A-2 agricultural zoning districts, a functional family unit shall
consist of a group of individuals living together in a single dwelling
unit and functioning as a family with respect to those characteristics
that are consistent with the purposes of zoning restrictions in single
family residential neighborhoods. In determining whether or not a
group of unrelated individuals is a functional family unit under this
definition, the following criteria must be used.
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1.
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The occupants must share the entire dwelling unit. A unit in
which the various occupants act as separate roomers cannot be deemed
to be occupied by a functional family unit.
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2.
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The following factors shall be considered in determining whether
a functional family exists:
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a.
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The presence of minor dependent children regularly residing
in the household;
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b.
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Evidence of shared household expenses;
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c.
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Whether or not different members of the household have the same
address for the purposes of voter registrations, drivers' licenses,
motor vehicle registrations, summer or other residences and the filing
of taxes;
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d.
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Enrollment of dependent children in local schools and/or home
schooled in relation thereto;
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e.
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Any other evidence reasonably related to whether or not the
group or persons have functioned as a family unit as defined in this
ordinance.
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Any building used or intended to be used for the storage
of three or more passenger motor buses, or motor coaches used in public
transportation, including school buses.
A building which is used or intended to be used for the storage
of motor buses, trucks, truck trailers, tractors, and commercial vehicles
exceeding 1.5 tons capacity.
An accessory building or an accessory portion of the principal
building which is intended for and used to store the private passenger
vehicles of family or families resident upon the premises, and in
which no business, service, or industry connected directly or indirectly
with automobile vehicles is carried on; provided that not more than
0.5 of the space may be rented for the private vehicles of persons
not resident on the premises, except that all the space in a garage
of one or two car capacity may be so rented. Such a garage shall not
be used for more than one commercial vehicle and the load capacity
of such vehicle shall not exceed 0.5 ton.
A building other than a private garage, used for the care,
incidental servicing, and sale of automobile supplies, or where motor
vehicles are parked or stored for remuneration, hire, or sale within
the structure, but not including trucks, tractors, truck-trailers,
and commercial vehicles exceeding 1.5 tons capacity.
A measure of magnetic flux density. It is used to compare
relative strengths of magnetic fields.
Public, semi-public, or private grounds over which the game
of golf is played, including accessory buildings and land uses incidental
thereto, and consisting of at least 120 acres for each standard 18
hole golf course, 60 acres for each standard nine-hole course, and
25 acres for each nine-hole, par three course.
The elevation of the established street in front of the building,
measured at the center of such front. Where no street grade has been
established, the City Engineer shall establish such street grade or
its equivalent for the purpose of this Ordinance.
Any facility operated by a person required to be licensed
by the State of Wisconsin under State Statute § 48.62 for
the care and maintenance of five to eight foster children.
Living quarters within a detached accessory building located
on the same premises with the principal building for use by temporary
guests of the occupants of the premises.
A shallow channel usually set along a curb or the pavement
edge of a road for purposes of catching and carrying off runoff water.
The height of the fence shall be determined by measuring
the vertical distance from the grade to the top of each section of
the fence.
A helistop that also includes all necessary passenger and
cargo facilities, helicopter maintenance and overhaul, fueling service,
storage, tie-down areas, hangars, and other necessary buildings and
open spaces. Heliports include any of the uses of helistops.
An area designated for the landing and taking off of helicopters
for the purpose of picking up or discharging passengers or cargo,
not including fueling or service facilities.
A unit that measures frequency in all physical systems that
have wave pattern. Abbreviated Hz.
The highest elevation to which subsurface water rises. This
may be evidenced by the actual presence of water during wet periods
of the year, or by soil mottling during drier periods. "Mottling"
is a mixture or variation of soil colors. In soils with restricted
internal drainage, gray, yellow, red, and brown colors are intermingled
given a multi-colored effect.
The average annual high water level of a pond, stream, lake,
flowage, or wetland, referred to an established datum plane or, where
such elevation is not available, the elevation of the line up to which
the presence of water is so frequent as to leave a distinct mark by
erosion, change in, or destruction of, vegetation or other easily
recognized topographic, geologic, or vegetative characteristic.
Any structure that is:
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(1)
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Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
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(2)
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Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
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(3)
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Individually listed on a local inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
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(4)
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Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program, as determined by the
Secretary of the Interior; or by the Secretary of the Interior in
states without approved programs.
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Any gainful occupation or profession engaged in by an occupant
of a dwelling unit as a use which is clearly incidental to the use
of the dwelling unit for residential purposes. (See § 15-3.0802
of this Ordinance.)
A Wisconsin non-profit membership corporation which serves
as an association of homeowners within a Subdivision, Certified Survey
Map, or Condominium having shared common interest responsibilities
with respect to the costs and upkeep of common private property of
a Subdivision, Certified Survey Map, or Condominium. Such common property
includes private recreation and open space areas within the Subdivision,
Certified Survey Map, or Condominium. For the purposes of this Ordinance,
homeowners' associations include condominium associations.
An institution devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment, or care for not less than
24 hours in any week of three or more nonrelated individuals suffering
from illness, disease, injury, deformity, or other abnormal physical
conditions. The term "hospital" as used herein does not apply to institutions
operating solely for the treatment of insane persons, drug addicts,
liquor addicts, or other types of cases necessitating restraint of
patients, and the term "hospital" shall not be used for convalescent,
nursing, shelter, or boarding homes.
A lot, building, structure, enclosure, or premises whereon
or wherein three or more dogs, cats, or other domestic animals are
kept or maintained and is operated by, or the treatment therein is
under direct supervision of, a veterinarian licensed to practice by
the State of Wisconsin. A facility rendering surgical and medical
treatments to animals, having no limitation to overnight accommodations
for such animals. Crematory facilities shall not be allowed in an
animal hospital. For the purpose of these regulations, where an animal
hospital is permitted, a veterinary clinic or veterinary hospital
shall also be permitted.
A hotel in which at least 90% of the hotel accommodations
are for occupancy by the permanent guests. An apartment hotel having
not less than 50 guest rooms may have a dining room open to the public
which is accessible only from an inner lobby or corridor.
An establishment containing lodging accommodations designed
for use by transients, travelers, or temporary guests. Facilities
provided may include maid service, laundering of linen used on the
premises, restaurants including the sale of alcoholic beverages, telephone,
and secretarial or desk service.
The occupant of a dwelling unit who is either the owner or
lessee thereof.
The maximum illumination measured in footcandles at the interior
bufferyard line at six inches above ground level.
Noises whose peak values are more than 6 dBA higher than
the values indicated on a sound level meter meeting the requirements
of the American National Standards Institute (ANSI S1.4-1961) "American
Standard Specification for General Purpose Sound Level Meters," and
are of a short duration. Impact noises are generated by sources that
do no operate more than one minute in any one-hour period.
Impervious surfaces are those which do not absorb water.
Impervious surfaces consist of all buildings, parking areas, driveways,
roads, sidewalks, decks, and any areas of concrete or asphalt. In
the case of lumberyards or similar uses, areas of stored lumber constitute
impervious surfaces.
A measure of the intensity of land use which is determined
by dividing the total area of all impervious surfaces on a site by
the base site area (resulting in the gross ISR determination) or the
net buildable area (resulting in the net ISR determination).
Any man-made immovable item which becomes part of, placed
upon, or is affixed to real estate.
Any sanitary sewer, storm sewer, open channel, water main,
roadway, park, parkway, public access, curb and gutter, sidewalk,
pedestrianway, bicycle path, stormwater detention and retention basins,
planting strip, or other utility and/or facility for which the City
may ultimately assume the responsibility for maintenance and operation.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the present equalized assessed
value of the structure either before the improvement or repair is
started, or if the structure has been damaged, and is being restored,
before the damage occurred. The term does not, however, include either:
(a) any project for improvement of a structure to comply with existing
state or local health, sanitary, or safety code specifications which
are solely necessary to assure safe living conditions, or (b) any
alteration of a structure or site documented as deserving preservation
by the Wisconsin State Historical Society or listed on the National
Register of Historic Places. Ordinary maintenance repairs are not
considered structural repairs, modifications, or additions; such ordinary
maintenance repairs include internal and external painting, decorating,
paneling, and the replacement of doors, windows, and other nonstructural
components.
A calculated upward rise in the regional flood elevation,
equal to or greater than 0.01 foot, determined by comparing existing
conditions and proposed conditions and which is directly attributable
to manipulation of mathematical variables such as roughness factors,
expansion and contraction coefficients, and discharge.
Inspector shall mean the Zoning Administrator, Building Inspector,
Code Enforcement Officer of the City and/or the Sanitarian of the
City.
Public, private, parochial, charitable, or nonprofit junior
college, college, or university, other than trade or business schools,
including instructional and recreational uses, with or without living
quarters, dining rooms, restaurants, heating plants, and other incidental
facilities for students, teachers, and employees.
An agreement guaranteeing payment for subdivision improvements,
entered into by a bank, savings and loan, or other financial institution
which is authorized to do business in this State and which has a financial
standing acceptable to the City, and which is approved, as to form,
by the City Attorney.
Any lot, building, structure, enclosure, premises or parts
thereof used for the storage, keeping, or abandonment of any worn-out,
cast-off, or discarded or abandoned article, material, vehicle, automobile,
or machinery or parts thereof, which is ready for destruction or sale
or has been collected or stored for salvage or conversion to some
use, including scrap metal, paper, wood, cordage, or other waste or
discarded materials, articles, vehicles, automobiles, and machinery
or parts thereof, or vehicles or automobiles without a valid current
state registration and license plate issued to said vehicle or automobile,
and to the occupant, owner, purchaser, lessor, lessee, or tenant of
any lot, building, or structure therein or thereon situated.
A lot, building, structure, enclosure, or premises whereon
or wherein dogs or cats are maintained, boarded, bred, kept, or cared
for in return for remuneration, or are kept for the purpose of sale,
or are groomed, trained, or handled, for others.
For four or more cats or dogs within Animal Hospitals, for
remuneration.
A place devoted to experimental study such as testing and
analyzing. Manufacturing, assembly, or packaging of products is not
included within this definition.
Any body of water two acres or larger in size as measured
by the shoreline at its maximum condition rather than the permanent
pool condition, if there is any difference.
For the purposes of Division 15-8.0300, the use of land for
planting, growing, cultivating, and harvesting of crops for human
or livestock consumption and pasturing or yarding of livestock.
For the purposes of Division 15-8.0300, the use of land for
the retail or wholesale sale of goods or services. Also included will
be manufacturing and industrial development.
For the purposes of Division 15-8.0300, any person operating,
leasing, renting, or having made other arrangements with the landowner
by which the landowner authorizes use of his or her land.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of the City, state, or nation and which has
been designated as a landmark pursuant to the provisions of the City
of Franklin Municipal Code.
For the purposes of Division 15-8.0300, any person holding
title to or having an interest in land.
(See definition for "Bufferyard.")
(See Division 15-7.0301 of this Ordinance.)
Surface area of land not covered by any building or impervious
surface; impervious surface, and that is maintained as a natural area
and left undisturbed or to support plant life.
The ratio derived by dividing the area of landscaped surface
by the base site area.
Living material, such as grass, groundcover, flowers, shrubs,
vines, hedges, and trees; and nonliving durable material such as rocks,
pebbles, sand, mulch, wood chips or bark, walls, and fences, but not
including paving.
Pipes installed for conducting sewage from the street to
the structure on a lot or parcel.
Pipes installed for conducting water from the street to the
lot or parcel.
An official notification from the Federal Emergency Management
Agency stating that a Flood Hazard Boundary Map or Flood Insurance
Rate Map has been amended. LOMA's are usually issued because a property
has been inadvertently mapped as being in the floodplain, but is actually
on natural high ground at or above the regional flood elevation (one-hundred-year
recurrence interval flood elevation).
An official notification from the Federal Emergency Management
Agency indicating that a structure or parcel has been elevated on
fill to or above the regional flood elevation and is, therefore, excluded
from being located in the floodplain as initially denoted in the City's
Flood Hazard Boundary Map or Flood Insurance Rate Map.
The level of the established curb in front of a building
or structure, measured at the center of such front. Where no curb
level has been established, it shall be deemed to be the established
level of the centerline of the street surface in front of a building
or structure, measured at the centerline of such front.
A passenger automobile that has a capacity of 10 or fewer
persons, excluding the driver; that has a minimum of five seats behind
the driver; and that is operated for hire on an hourly basis under
a prearranged contract for the transportation of passengers on public
roads and highways along a route under the control of the person who
hires the vehicle and not over a defined regular route.
[Note: This does not include taxicabs, hotel or airport
shuttles or buses, buses employed solely in transporting school children
or teachers, vehicles owned and operated without charge or remuneration
by a business entity for its own purposes, vehicles used in carpools
or van pools, public agency vehicles that are not operated as a commercial
venture, vehicles operated as part of the employment transit assistance
program under s. 106.26, ambulances or any vehicle that is used exclusively
in the business of funeral directing.]
Establishments primarily engaged in providing an array of
specialty and luxury passenger transportation services via limousine
or luxury sedans generally on a reserved basis with a driver.
Lowest story of a dwelling wholly above ground level. For
the purpose of calculating minimum living area in a single family
or two family dwelling with three or more stories having finished
living area, the living area of any two connecting floors wholly above
ground level may be combined to achieve minimum first floor living
area. Connecting floors means any two stories with an elevation difference
of 4.5 feet or less. The first floor living area shall never conform
to the definitions of "Half Basement" or "Basement."
An open, hard-surfaced area of land other than a street or
a public way, the principal use of which is for the standing, loading,
and/or unloading of motor vehicles, tractors, and trailers, to avoid
undue interference with public streets and alleys. Such space shall
not be less than 10 feet in width, 35 feet in length, and 14 feet
in height, exclusive of access aisles and maneuvering space.
(See definition of "Club, Private.")
(See definition of "Rooming House.")
A parcel of land legally described as a distinct portion
or piece of land of record.
The area contained within the exterior, or peripheral, boundaries
or lot lines of a lot excluding street and land under navigable bodies
of water.
The area of a horizontal plane bounded by vertical planes
containing the front, side, and rear lot lines. For the purpose of
this ordinance, the lot area shall be measured from the base setback
line.
The area of a zoning lot occupied by the principal building
or buildings, accessory structure(s) and accessory building(s).
The mean horizontal distance between the front and rear lot
lines of a lot measured within the lot boundaries.
The front of a lot shall be that boundary of a lot along
a public street; for a corner lot the owner may elect either street
line as the front lot line.
A property boundary line of any lot held in single or separate
ownership, except that where any portion of the lot extends to the
abutting street or alley, the lot line shall be deemed to be the street
or alley right-of-way line.
The front property boundary line of a zoning lot.
A side lot line common with another lot.
The lot line or lot lines most nearly parallel to and most
remote from the front lot line.
A lot line other than a front or rear lot line.
An area of land designated as a lot on a plat of subdivision
or certified survey map recorded or registered pursuant to statute.
The mean horizontal distance between the side lot lines measured
within the lot boundaries, or the minimum distance between the side
lot lines within the buildable area of a lot.
Any lot or land area used for the storage or layover of passenger
buses or motor coaches.
A lot situated at the junction of and abutting on two or
more intersecting streets.
A lot, other than a corner lot, with frontage on two parallel
or approximately parallel streets, and which is not a corner lot.
Double frontage lots shall normally be deemed to have two front yards,
two side yards and no rear yard. Double frontage lots shall not generally
be permitted unless the lot abuts an arterial highway. Double frontage
lots abutting arterial highways should restrict direct access to the
arterial highway by means of a planting buffer or some other acceptable
access buffering measure. On a "Double Frontage Lot" both street lines
shall be deemed front lot lines.
A lot, typically not meeting minimum frontage requirements
and where access to a public street is by a narrow, private access
easement, strip of land, or driveway.
A lot other than a corner lot.
(See definition of "Lot, Double Frontage.")
(See definition of "Zoning Lot.")
(See definition of "Tavern.")
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical, and decorative parts.
A structure that is transportable in one or more sections,
built on a permanent chassis, and designed to be used with or without
a permanent foundation when connected to the required utilities. The
term includes, but is not limited to, the definition of "mobile home"
as set forth in regulations governing the Mobile Home Safety and Construction
Standards Program. [24 C.F.R. 3282.7(a)]. Factory-built homes on permanent
foundations are considered buildings, and are governed by the Wisconsin
Uniform Dwelling Code.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home spaces for rent or lease.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for sale.
The making of anything by any agency or process.
A document or series of documents prepared by the City Plan
Commission and duly adopted by said Commission setting forth policies
for the future development or redevelopment of the City of Franklin
pursuant to Chapter 62.23 of the Wisconsin Statutes. The master plan
shall also include neighborhood and subarea plans, proposals for future
land use, open space, streets and transportation, urban redevelopment,
and public facilities. Devices for the implementation of these plans,
such as zoning, official map, land division and building line provisions,
design guidelines, and capital improvement programs shall also be
considered a part of the master plan. The master plan can also be
termed the "Comprehensive Plan" and/or "Comprehensive Master Plan."
Inflammable and combustible materials shall mean and include
oils and oil lights, sweepings from garage floors, barrels, boxes
or other containers containing oil or other similar liquids, rags,
clothes, paper, shavings, paper or cardboard boxes or cartons, grease,
paints, varnish, or other similar substances, any of which are likely
to be readily inflammable or combustible.
A substance (liquid, solid, or gaseous) which, by reason
of a deleterious property, tends to destroy life or impair health.
A control measure used to meet the requirements of Division
15-8.0300 of this Ordinance.
For the purposes of Division 15-8.0300, a practice or combination
of practices to control erosion and attendant pollution.
An establishment where patients are admitted for special
study and treatment by two or more licensed physicians practicing
medicine together and their professional associates.
A building or group of buildings in a controlled-access and
fenced compound that contains varying sizes of individual, compartmentalized,
and controlled-access stalls or lockers for the dead storage of a
customer's goods or wares. At least one toilet facility shall be available
to customers. No sales, service, or repair activities other than the
rental of dead storage units are permitted on the premises. Maximum
leasable space per tenant shall be 1,000 square feet. Outdoor storage,
or the storage of junk, explosives, or inflammable materials, and
other noxious or dangerous materials are specifically prohibited.
Any division of land not defined as a 'subdivision.' Minor
land divisions include the division of land by the owner or Subdivider
resulting in the creation of two, but not more than four, parcels
of building sites, any one of which is less than 35 acres in size;
or the division of a block, lot or outlot within a recorded Subdivision
Plat into not more than four parcels or building sites without changing
the exterior boundaries of said block, lot, or outlot. Such minor
land divisions shall be made by a Certified Survey Map.
(See definition of "Variance, Minor.")
A building or structure that contains two or more of the
following basic land use types: commercial, office, or residential
which are vertically integrated, and that are located over each other
in whole or in part. Mixed uses may be integrated horizontally provided
that they are physically interrelated by pedestrian areas that are
uninterrupted by vehicular traffic. In horizontal integration of mixed
uses, the uses may not be separated by roads or parking areas.
Any trailer as defined herein used for residential purposes.
(See definition of "Mobile Home Park.")
Any premises occupied or designed to accommodate one or more
families living in a house trailer or mobile home, or the parking
of one or more trailers for business or storage purposes.
A group of attached or detached buildings or facility containing
individual sleeping or living units, designed for or used temporarily
by automobile tourists or transients, with garage attached or parking
space conveniently located to each unit, including auto courts, motels,
motor lodges, or other similar type uses. Customary services such
as maid service, telephone, linen, and desk service, and the use and
upkeep of furniture are provided.
(See definition of "Motel.")
The Municipal Code of the City of Franklin, Milwaukee County,
Wisconsin.
An incorporated village or city or an unincorporated town.
A sign indicating the name and address of a building or the
name of an occupant thereof and the practice of a permitted occupation
therein.
Standards governing the horizontal and vertical accuracy
of topographic maps and specifying the means for testing and determining
such accuracy, endorsed by all federal agencies having surveying and
mapping functions and responsibilities.
(See Division 15-7.0100 of this Ordinance.)
The proportion of the natural features of a site (excluding
land occupied by public street rights-of-way), which shall remain
undeveloped and protected and is specifically designated for natural
resource protection by deed restriction, protective covenant, zoning,
or a combination thereof.
Areas of steep slopes, woodlands and forests (mature and
young), lakes, ponds, streams, shore buffer, floodplains, wetlands,
shoreland wetlands, and wetland buffers as defined in this Ordinance.
(See definition of "Navigable Water.")
Any stream capable of floating any boat, skiff, or canoe
of the shallowest draft used for recreational purposes. (Also see
definition of "Navigable Water.")
Lake Superior, Lake Michigan, all natural inland lakes within
Wisconsin, and all streams, ponds, sloughs, flowages, and other water
within the territorial limits of this State, including the Wisconsin
portion of boundary waters, which are navigable under the laws of
this State. The Wisconsin Supreme Court has declared navigable bodies
of water with a bed differentiated from adjacent uplands and with
levels of flow sufficient to support navigation by a recreational
craft of the shallowest draft on an annually recurring basis. [Muench
v. Public Service Commission, 261 Wis. 492 (1952) & DeGayner and
Co., Inc., v. Department of Natural Resources, 70 Wis. 2d 936 (1975)].
Rivers and streams are presumed to be navigable if they are designated
as either continuous or intermittent waterways on the United Stated
Geological Survey quadrangle maps or other zoning base maps which
have been incorporated by reference and made a part of this Ordinance.
Materials other than earth, clay, soil, ground, stones, and
rock.
A building or structure, or portion thereof, lawfully existing
at the time of the adoption of this Ordinance, which was designed,
erected, or structurally altered for a use that does not conform after
the passage of this Ordinance to the use regulations of the district
in which it is located.
Any building, structure, or land lawfully occupied by a use
or lawfully established at the time of the adoption of this Ordinance
or amendments hereto, which does not conform after the passage of
this Ordinance, or amendments hereto, with the use regulations of
this Ordinance.
Material which is capable of causing injury to living organisms
by chemical reaction or is capable of causing detrimental effects
upon the psychological, social, or economic well-being of human beings.
An institution providing day care for children from four
to six years of age.
A building or portion thereof used for the daytime care of
preschool-age children.
A private home for the care of children or the aged or infirm,
or a place of rest for those suffering bodily disorders, but not including
facilities for the treatment of sickness or injuries or for surgical
care.
The Wisconsin Department of Agriculture, Trade and Consumer
Protection; the Wisconsin Department of Transportation; the Wisconsin
Department of Natural Resources; the Wisconsin Department of Industry,
Labor, and Human Relations and the county planning agency (as defined
by § 236.02(a) of the Wisconsin Statutes).
An obstacle, impediment, or hindrance.
Any development which blocks the conveyance of floodwaters
such that this development by itself or in connection with any future
similar development will cause an increase in regional flood height.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
An electrical frequency analyzer, designed according to standards
formulated by the American Standards Association and used in conjunction
with a sound level meter to take measurements in specific octave intervals
(American Standard for Sound Level Meters, A.S.A. No. 244.3-1944).
The lowest concentration of odorous matter which will produce
an olfactory response in a human being as detected by a panel of healthy
observers. Odor thresholds shall be determined in accordance with
American Society for Testing and Materials Test Method D1391-57 "Standard
Method for Measurement of Odor in Atmosphere (Dilution Method)" (Philadelphia:
American Society of Testing and Material, 1957).
Solid, liquid or gaseous material which produces an olfactory
response in a human being.
Any business use conducting clerical and/or professional
service activities within a room or group of rooms and generally furnished
with desks, tables, file cabinets, computers, phones, communication
equipment and/or the like. General office uses may include, but are
not limited to: computer work; research; photocopying; filing; over
the phone sales; and answering phones or otherwise responding to communications.
A minimum of 75% of floor area shall be designated as office space
to constitute a general office use. Other uses may include ancillary
storage, kitchens; break rooms and other office support spaces. Retail,
warehousing and outdoor storage shall be prohibited with a general
office use. A general office use includes the addition or relocation
on the property of office use, on a legal nonconforming use property,
after September 10, 2015, when such office use addition or relocation
occupies or shall occupy existing (as of September 10, 2015) building
space on the property, which addition or relocation shall not constitute
the expansion or enlargement of a legal nonconforming use under Division
15-3.1000 of the Unified Development Ordinance, and which addition
or relocation shall be a permitted use. In the event of an aforesaid
relocation of office use upon a legal nonconforming use property,
the space vacated by such office use within an existing (as of September
10, 2015) building may be otherwise occupied by the legal nonconforming
use (if such space is less than 1,000 square feet in area), which
occupation of such area shall not constitute the expansion or enlargement
of a legal nonconforming use under Division 15-3.1000 the Unified
Development Ordinance.
[Added 9-1-2015 by Ord.
No. 2015-2187]
(See definition of "Home Occupation" and § 15-5.0802
of this Ordinance.)
That document as described by Chapter 62.23(6) of the Wisconsin
Statutes, as amended, which shows the location of streets, highways,
parkways, parks, playgrounds, railroad rights-of-way, waterways, and
public transit facilities in the City of Franklin.
(See definition of "Zoning Map.")
The degree of opaqueness of a bufferyard, or relative sight
screening value, as measured by levels of intensity of bufferyard
foliage or other characteristics of the bufferyard including fencing,
earthen berms, or walls.
Any land used or occupied for the purpose of buying and selling
new or second-hand passenger cars or trucks, motor scooters, motorcycles,
boats, trailers, aircraft, monuments, farm machinery and equipment,
and for the storage of same prior to sale.
Any site, parcel, lot, area, or outlot of land or water essentially
unimproved and set aside, dedicated, designated, or reserved for the
public or private use or enjoyment or for the use and enjoyment of
owners and occupants of land adjoining or neighboring such open space.
Land that is to be used primarily for resource protection, agriculture,
recreational purposes, or otherwise left undisturbed and specifically
excluding road rights-of-way and lots. Open space land shall not be
occupied by nonrecreational buildings, roads, drives, public rights-of-way,
or off-street parking areas for nonrecreational uses. Land located
within the yards or lots of residential and/or nonresidential properties
is not considered open space unless it is deed restricted for open
space protection or natural resource features protection. Where lots
are above the minimum sizes required and the excess lot area is deed
restricted to open space uses it may be counted as open space.
The number derived by dividing the open space of the site
by the base site area. When applied to natural resource protection,
the open space ratio shall include the natural resource feature(s)
to be protected. Minimum requirements for open space ratios are set
forth for the various zoning districts under individual zoning district
requirements §§ of this Ordinance.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, public school district, state or county agency,
or other public body for recreational or conservational uses. Any
publicly owned open area, including, but not limited to, the following:
parks, playgrounds, forest preserves, beaches, waterways, and parkways
but not including streets or dedicated public rights-of-way.
Alternative development types within specific residential
zoning districts as set forth in this Ordinance.
The point on the bank or shore of a navigable water up to
which the presence and action of surface water is so continuous as
to leave a distinctive mark such as by erosion, destruction or prevention
of terrestrial vegetation, predominance of aquatic vegetation, or
other easily recognized characteristics.
A parcel of land, other than a lot or block, so designated
on the plat, but not of standard lot size, which can be either redivided
into lots or combined in the future with one or more other adjacent
outlots or lots in adjacent subdivisions or minor land divisions in
the future for the purpose of creating buildable lots. In addition
to the foregoing, an "outlot" may also be any parcel of land depicted
upon a plat or certified survey map which has been designated "outlot"
as determined necessary by the Common Council to reserve such parcel
for a future potential use or as necessary to further the purposes
of this Ordinance and such designation as "outlot" shall mean that
the designated parcel is unbuildable. An "outlot" designation may
be removed by the Common Council upon its determination upon a further
division that the reasons for the designation no longer exist or that
the purposes of this Ordinance are further served by the removal of
such designation.
Includes the plural as well as the singular and may mean
either a natural person, individual, firm, association, syndicate,
partnership, private corporation, public or quasi-public corporation,
or combination of these having sufficient proprietary interest to
seek development of land. For purposes of successive division of a
parcel of land by Certified Survey Maps, "owner" shall be taken to
include any related person, firm, partnership or corporation, to whom
conveyance has been made within two years of application for approval
of a Certified Survey Map. "Related" shall mean any natural person
related to a transferor by blood or marriage, any person acting in
an agency or trust capacity, any partnership in which the transferor
is a partner and any corporation in which the transferor is a stockholder,
officer or director, or in which related persons are stockholders,
officers or directors.
For the purpose of this Ordinance, lots shall be considered
as owned by the same person when they are owned by the same individual
or corporation or other single legal entity; an individual and another
in joint tenancy, or as tenants in common, and either of said joint
or common tenants owns other lots individually or as joint tenant
or tenant in common with another; as individual and other lots by
his spouse, parent, grandparents, children, grandchildren, or the
spouse of any child or grandchild, or a brother or sister or when
any of said lots are owned by an individual and other lots are owned
by a corporation or other single legal entity in which said individual
is an officer or director or controlling stockholder.
An open, hard-surfaced area, other than a street or public
way, designed, arranged, and made available for the storage of private
passenger automobiles only, of occupants of the building or buildings
for which the parking area is developed and is accessory.
An open, hard-surfaced area, other than a street or public
way, intended to be used for the storage of passenger automobiles
and commercial vehicles under 1Â 1/2 tons capacity, and available
to the public, whether for compensation, free, or as an accommodation
to clients or customers.
Space within a public or private parking area of not less
than 180 square feet nine feet by 20 feet, exclusive of access aisles
or drives, ramps, columns, or office and work areas, for the storage
of one passenger automobile or commercial vehicle under 1-1/2 tons
capacity.
For the purposes of determining air contaminations, particulate
matter is any material other than water which is suspended in or discharged
into the atmosphere in a finely divided form as a liquid or solid
capable of being airborne or gasborne. Dust is solid particulate matter
capable of being airborne or gasborne.
A public way that is intended for the convenience of pedestrians
only; it may also provide public right-of-way for utilities.
A criterion to control noise, odor, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, or glare or heat generated
by or inherent in uses of land or buildings.
A filling permit to engage in the act of filling on a specified
parcel of land.
A use by right which is specifically authorized in a particular
zoning district.
Includes any natural person, firm, corporation, or partnership.
The City of Franklin Plan Commission created by the Common
Council pursuant to § 62.23 of the Wisconsin Statutes.
A written description of the number, locations, sizes, and
other pertinent information of control measures designed to meet the
requirements of this ordinance submitted by the applicant for review
and approval.
For the purposes of Division 15-8.0300, a graphic and written
description of the number, locations, sizes, and other pertinent information
of control measures designed to meet the requirements of this ordinance
submitted by the applicant for review and approval by the City Engineer
or his authorized representative.
The Milwaukee County Development Plan (including components
thereof including park, recreation, open space, and transportation
plans) text and all accompanying maps, charts, explanatory material
adopted by Milwaukee County pursuant to § 59.97 of the Wisconsin
Statutes, and all amendments thereto.
The map, drawing, or chart on which the Subdivider's land
division or Condominium Developer's condominium is presented to the
City of Franklin for approval.
All bodies of water less than two acres in area as measured
by the shoreline at its maximum condition rather than the permanent
pool condition, if there is any difference.
A man-made pond constructed to improve the water quality
of an area.
A roofed-over structure projecting out from the wall or walls
of a main structure and commonly open to the weather in part.
A map showing the salient features of a proposed subdivision
submitted to an approving authority for purposes of preliminary consideration.
The main use of land or buildings as distinguished from a
subordinate or accessory use.
Contracts entered into between private parties or between
private parties and public bodies pursuant to § 236.293
of the Wisconsin Statutes, which constitute a restriction on the use
of all private or platted property within a minor land division or
subdivision for the benefit of the public or property owners and to
provide mutual protection against undesirable aspects of development
that would tend to impair stability of values.
Any public road, street, highway, walkway, drainageway, or
part thereof.
A room or rooms located on the property and intended for
the temporary use of a watchman, servant, owner, etc. These quarters
shall not be used as permanent living quarters.
A strip of land with tracks and auxiliary facilities for
track operation, but not including depot loading platforms, stations,
train sheds, warehouses, car shops, car yards, locomotive shops, water
towers, etc.
An outdoor recreation site serving several neighborhoods
and generally containing more open space and natural resource oriented
areas than typical "Neighborhood Level Public Outdoor Recreation Land."
Active recreational facilities located in such areas can include,
but not necessarily be limited to, baseball, softball, tennis, basketball,
playground or playfield (which may be associated with a middle or
high school), picnicking, swimming, recreational trails, and passive
activity areas, etc. Such recreational land typically serves an area
with a radius of from about two to 10 miles and provides sufficient
useable land area per capita to meet the standards set forth in § 15-5.0110
of this Ordinance. The size of such areas typically ranges from 25
to 99 acres in area.
An outdoor recreation site serving a single neighborhood
and generally containing less open space and natural resource oriented
areas than typical "Community Level Public Outdoor Recreation Land."
Active recreational facilities located in such areas can include,
but not necessarily be limited to, baseball, softball, tennis, basketball,
playground or playfield (which may be associated with an elementary
school), picnicking, ice skating area, recreational trails, and passive
activity areas, etc. Such recreational land typically serves an area
with a radius of from about 0.5 to two miles and provides sufficient
useable land area per capita to meet the standards set forth in § 15-5.0110
of this Ordinance. The size of such areas are typically less than
25 acres in area.
Recreational uses, areas, or activities oriented to noncompetitive
activities which require no special equipment. Passive recreation
areas are generally maintained by mowing. Bicycle riding, hiking,
and bird watching are examples of passive recreation activities.
Milwaukee County Register of Deeds.
The process of changing, or the map or plat which changes,
the boundaries of a recorded Subdivision Plat, Certified Survey Map,
or part thereof. The division of a large block, lot or outlot within
a recorded Subdivision Plat or Certified Survey Map without changing
the exterior boundaries of said block, lot, or outlot is not a replat.
Residential housing:
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1.
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Provided under any State or Federal program that the U.S. Secretary
of Housing and Urban Development determines is specifically designed
and operated to assist elderly persons (as defined in the State or
Federal program; or
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2.
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Intended for, and solely occupied by, persons 62 years of age
or older; or
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3.
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Intended and operated for occupancy by at least one person 55
years of age or older per unit. In determining whether housing qualifies
as housing for older persons under this definition, the following
factors shall be applied:
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a.
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The existence of significant facilities and services specifically
designed to meet the physical or social needs of older persons, or
if the provision of such facilities and services is not practicable,
that such housing is necessary to provide important housing opportunities
for older persons; and
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b.
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That at least 80% of the units are occupied by at least one
person 55 years of age or older per unit; and
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c.
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The publication of, and adherence to, policies and procedures
which demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older.
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4.
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Residential housing for older persons includes traditional residential
facilities for the elderly as well as assisted living. Such housing
is a part of a facility within which residents, with or without minor
physical disabilities, live, cook, dine, and recreate and may avail
themselves of medical and other services.
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(See definition of "Nursing Home.")
Any land, building, or part thereof, other than a boarding
house, where meals are provided for compensation, including a cafe,
cafeteria, coffee shop, lunch room, tearoom, and dining room; and
including the serving of alcoholic beverages when served with and
incidental to the serving of meals.
An establishment whose principal business is the sale of
food and/or beverages in a ready-to-consume state for consumption
as follows:
Within the restaurant building;
Within a motor vehicle parked on the premises; or
Off the premises as either carry-out orders or orders using
a drive through facility.
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The principal method of operation includes the serving of food
and/or beverages in paper, plastic, or other disposable containers.
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A chart which is described in the U. S. Bureau of Mines Information
Circular 7718, and on which are illustrated graduated shades of gray
for use in estimating the light-obscuring capacity of smoke.
The number of the area on the Ringelmann Chart that coincides
most nearly with the visual density of smoke emission.
The top or bottom edge of a roof or building parapet, excluding
any cupolas, pylons, chimneys, or other minor projections.
A building with not more than five guest rooms where lodging
is provided for compensation, pursuant to previous arrangement, but
not open on a daily, overnight, or per meal basis to transient guests.
The rainfall, snowmelt, discharge pumping, or irrigation
water flowing over the ground surface.
Those areas of the City of Franklin not within a delineated
sanitary sewer service area in conformance with an adopted areawide
water quality management plan.
Includes the removal of sand or gravel deposits from the
land for commercial purposes, regardless of whether or not such operation
results in the creation of a depression in the ground.
(See definition of "Hospital.")
Furniture upon which to sit having a linear measurement not
less than 24 inches across the surface used for sitting; intended
for use in determining off-street parking requirements.
Services provided by the public and private utilities, necessary
for the exercise of the principal use or service of the principal
structure. These services, whether installed underground, at the surface,
above ground, or overhead, include installations for gas, electrical,
steam, water, sanitary sewerage, storm water drainage, and communications;
and accessories thereto, such as poles, towers, wires, mains, drains,
vaults, culverts, laterals, sewers, pipes, inlets, manholes, water
storage tanks, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, pumps, lift stations, and hydrants, but not including
buildings. Essential Services include governmental emergency notification
systems, including, but not limited to, outdoor warning siren systems,
whether installed upon or within buildings, or upon outdoor poles
or other support structures. Essential services also includes the
removal of any obstruction, vegetative or otherwise, within or adjacent
to a stream, watercourse, drainageway, channel, ditch, swale or the
like, artificial or natural, or within or adjacent to a natural resource
feature supporting surface water drainage, which obstruction impedes
the natural or intended drainage of such feature or facility, so as
to cause or precipitate flooding, provided that such removal is performed
by or under the direction of a governmental agency, or upon private
property by the owner of the property, after obtaining all necessary
governmental permits. In the case of an emergency which endangers
persons or property, including but not limited to storm damage, essential
services shall also include the removal of dead or damaged vegetation
presenting such danger which is located within a natural resource,
provided that such removal is performed by or under the direction
of a governmental agency, or upon private property by the owner of
the property, after obtaining all necessary governmental permits.
The minimum required horizontal distance by which any building
or structure shall be separated from a lot line, measured along a
straight line and at a right angle to such lot line, and the nearest
point of a building or structure; and the minimum required horizontal
distance by which any building, structure, or development shall be
separated from a natural resource (inclusive of any required or mitigated
shore buffer or wetland buffer), measured along a straight line and
at a right angle to such natural resource, and the nearest point of
a building, structure, or development (excluding stormwater management
facilities, stormwater quality ponds, and drainage structures such
as a pipe or culvert as allowed to be located within that portion
of a wetland setback located outside of a wetland buffer under the
provisions of § 15-4.0102I. of the Unified Development Ordinance
and excluding structural support(s) consisting of piers and/or abutments
for bridges allowed to be placed within shore buffers and wetland
buffers and setbacks provided that areas of disturbance of natural
resource features to provide for said structural supports shall be
restored to the restoration standards of § 15-4.0102I. of
this Ordinance and pursuant to the requirements of Table 15-4.0100
of this Ordinance.)
The ultimate street line as established by the Master Plan
of the City, or component thereof, and/or a highway width ordinance
of Milwaukee County or by an Official Map of the City. On all such
streets the base setback line shall be located at a distance from
the centerline equal to 1.5 of such established width. On all other
streets, the base setback line shall be 30 feet from the centerline
of such street or 60 feet from the centerpoint of a cul-de-sac, unless
specifically designated otherwise by the Common Council of the City.
The base setback line of frontage roads shall be located at a distance
from the centerline equal to one-half of the right-of-way of said
frontage road. All setback lines shall be parallel to and measured
at right angles to the centerline of the street or highway. All front
yard building setbacks shall be measured from the base setback lines.
A line parallel to the street line at a distance from it,
regulated by the front yard requirements set up in this Ordinance.
Public or private enclosures designed to protect people from
aerial, radiological, biological, or chemical warfare, fire, flood,
windstorm, riots, and invasions.
A group of commercial establishments which is planned, developed,
owned, and managed as a unit.
(See definition of "Buffer, Shore.")
Those lands lying within the following distances from the
ordinary high water mark of navigable waters: 1,000 feet from a lake,
pond, or flowage; and 300 feet from a river or stream, or to the landward
side of the floodplain as designated on the adopted City of Franklin
Zoning Map; whichever distance is greater. Shorelands shall not include
those adjacent to farm drainage ditches where: (a) such lands are
not adjacent to navigable stream or river; (b) those parts of such
drainage ditches adjacent to such lands were not navigable before
ditching or had no previous stream history; and (c) such lands are
maintained in nonstructural agricultural use.
Standard Industrial Classification from the 1987 (or latest
edition) manual published by the Executive Office of the President,
Office of Management and Budget.
A paved path provided for pedestrian use and usually located
at the side of a road within a public street right-of-way but physically
separated by distance from the road pavement.
For the purposes of Division 15-8.0300, the entire area included
in the legal description of the land on which the land disturbing
or land development activity is proposed in the Construction Site
Erosion Control Permit application.
(See Division 15-3.0500 of this Ordinance.)
The entire land area within the boundaries of a site, less
the area of all land required or proposed for public use, open space,
or natural resource preservation or protection.
A calculation of buildable site area, taking into account
its resource protection land, open space, and other lands (see Division
15-3.0500 of this Ordinance).
(See Division 15-7.0200 of this Ordinance.)
Any parcel of land of historic significance due to substantial
value in tracing the history of aboriginal man, or upon which a historic
event has occurred, and, which has been designated as a landmark site
under the provisions of the City of Franklin Municipal Code, or a
parcel of land, or part thereof, on which is situated a landmark and
any abutting parcel, or part thereof, used as and constituting part
of the premises on which the landmark is situated.
(See Division 15-7.0400 of this Ordinance.)
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
Three categories of steep slopes are defined herein for use
in this Ordinance. These categories are based upon the relative degree
of the steepness of the slope as follows: 10% to 20%, 20% to 30%,
and greater than 30%. No land area shall be considered a steep slope
unless the steep slope area has at least a ten-foot vertical drop
and has a minimum area of 5,000 square feet. Steep slopes exclude
man-made steep slopes.
Small gasborne particles other than water that form a visible
plume in air.
The number obtained by multiplying the smoke density in Ringelmann
Numbers by the time of emission in minutes. For the purpose of this
chart, a Ringelmann Density reading is made at least once every minute
during the period of observation; each reading is then multiplied
by the time in minutes during which it is observed; and the various
products are added together to give the total number of "smoke units"
observed during the total period under observation.
The boundaries of soils shown on the operational soil survey
maps prepared by the United States Department of Agriculture, Soil
Conservation Service for the Southeastern Wisconsin Regional Planning
Commission published in the Soil Survey of Milwaukee and Waukesha
Counties dated July 1971.
An instrument standardized by the American Standards Association
for measurement of intensity of sound.
A special or unique situation involving a shore buffer, navigable
water-related feature, wetland, wetland buffer, and wetland setback
and natural resource feature improvement or enhancement, which may
be authorized by the Common Council and is specifically set forth
in this Ordinance as a special exception and which may justify the
waiver of the regulations applicable to streams, shore buffers, navigable
water-related feature, wetland, wetland buffers, and wetland setbacks
and does not necessarily require the demonstration of an unnecessary
hardship or practical difficulty. [See Fabyn v. Waukesha County Board
of Adjustment, 246 Wis. 2d 851, 632 N.W.2d 116 (Ct. App. 2001)]
A use permitted by special zoning certificate in accordance
with the provisions of this Ordinance.
Any building, other than a private stable, designed, arranged,
used, or intended to be used for the storage of horses and horse-drawn
livery, or both.
Any building which is located on a lot on which a dwelling
is located and which is designed, arranged, used, or intended to be
used for housing horses for the private use of occupants of the dwelling.
For the purpose of this Ordinance, stacking requirements
are the number of cars that must be accommodated in a reservoir space
while awaiting ingress or egress to specified business or service
establishments.
A farm building used or intended to be used solely by the
owner or tenant of the farm on which such building is located, for
the sale of the farm products raised on said farm.
The set of standards and specifications which the City uses,
and has established as public policy, for the installation of improvements
as set forth in this Ordinance. Said "Standards and Specifications
for Development" shall be in printed form and shall consist of the
City of Franklin Land Development Handbook as amended and any other
additional standards, specifications, and design guidelines which
the City may use.
That portion of a building included between the surface of
any floor and the surface of the floor above it, or if there is no
floor above, then the space between the floor and the ceiling above
it. Any portion of a story exceeding 14 feet in height shall be considered
as an additional story for each 14 feet or fraction thereof.
A half story is that portion of a building under a gable,
hip, or mansard roof, the wall plates of which on at least two opposite
exterior walls are not more than 4.5 feet above the finished floor
of each story. In the case of one-family dwellings, two-family dwellings,
and multiple-family dwellings less than three stories in height, a
half-story in a sloping room shall not be counted as a story.
A course of running water, either perennial or intermittent,
flowing in a channel.
A stream that flows only after rainfall or snow melt and
therefore, is dry most of the year.
A stream that flows throughout most (that is, greater than
50%) of the year.
A public way, other than an alley, which affords a primary
means of access to abutting property.
A line separating a lot, piece, or parcel of land from a
street.
A federal-, state-, or county-marked route normally having
four lanes for traffic and some form of median marker. May also be
a city-designated "arterial street" in the adopted City of Franklin
Comprehensive Master Plan or component thereof, or on the Official
Map Parking may be banned. A street used, or intended to be used,
primarily for fast or heavy through traffic providing for the expeditious
movement of through traffic into, out of, and within the community.
Arterial streets shall include freeways and expressways as well as
standard arterial streets, highways, and parkways. Arterial streets
shall be located to minimize the penetration of such streets through
existing and proposed residential areas. Arterial streets shall be
designed to convey an average daily traffic (ADT) of 3,000 and greater.
A street used, or intended to be used, to carry traffic from
minor streets to the system of arterial streets including principal
entrance streets to residential developments and/or activity/employment
centers. Collector streets shall be designed to convey an average
daily traffic (ADT) of between 500 and 3,000.
A minor street auxiliary to and located on the side of an
arterial street for control of access and for service to the abutting
development.
A street used, or intended to be used, primarily for access
to abutting properties. Residential minor streets that are designed
as either looped or through streets shall be designed so that no section
conveys an average daily traffic (ADT) greater than 500. Residential
minor land access streets that are designed as permanent cul-de-sac
streets shall be designed so that no section conveys an average daily
traffic (ADT) greater than 250.
Those features of either the man-made or natural environment
which abut, face, or are a part of a public street right-of-way including
landscaping (materials and plants), street furniture, building facades,
and utilities and facilities which are visible to the public such
as fire hydrants, storm sewer grates, sidewalk and street paving,
etc.
Any change in the supporting members of a structure, such
as foundations, bearing walls, columns, beams, and girders.
Anything constructed or erected which requires location on
the ground, including a fence or free-standing wall. A sign, billboard,
or other advertising medium, detached or projecting, shall be construed
to be a structure.
Any structure which does not conform to the regulations of
this Ordinance prescribing the maximum floor area ratio, required
yards, coverage, height and setbacks, minimum required spacing between
structures on a single lot, or minimum required usable open space
for the district in which such structure is located.
Any person, firm or corporation, or any agent thereof, dividing
or proposing to divide land resulting in a subdivision, minor land
division (Certified Survey Map) or replat.
An agreement by which the City and the Subdivider agree in
reasonable detail as to all of those matters which the provisions
of these regulations permit to be covered by the Subdivider's Agreement
and which shall not come into effect unless and until an Irrevocable
Letter of Credit or other appropriate surety has been issued to the
City.
The division of a lot, parcel, or tract of land by the owners
thereof, or their agents, for the purpose of transfer of ownership
or building development where the act of division creates five or
more parcels or building sites of 1.5 acres each or less in area;
or where the act of division creates five or more parcels or building
sites of 1.5 acres each or less in area by successive division within
a period of five years.
A residential subdivision which does not provide a designated
amount of open space as set forth under the requirements of Division
15-3.0200 of this Ordinance for an "Open Space Subdivision."
A residential subdivision located within the VR District
which is characterized by the dominant design feature of the streets,
blocks, and lots laid out in a rectilinear fashion with most street
rights-of-way lines meeting at 90° angles and with no curvature
and generally with lots characterized by parallel front and rear lot
lines and parallel side lot lines. (Also see the requirements of Division
15-3.0200 of this Ordinance for the VR District)
A residential subdivision which provides a designated amount
of open space as set forth under the requirements of Division 15-3.0200
and § 15-3.0702(A) of this Ordinance.
The natural ground lying beneath the structural portion of
a road.
A bond guaranteeing performance of a contract or obligation
through forfeiture of the bond if said contract or obligation is unfulfilled
by the Subdivider.
A building where liquors are sold to be consumed on the premises,
but not including restaurants, where the principal business is serving
food.
A use of a structure, trailer or property for a limited period,
for a specific purpose that is not the permanent use of the property.
Any temporary facility or use shall be removed at the cessation of
the occurrence of the property causing the temporary use.
A building in which freight, brought to said building by
motor truck, is assembled and sorted for routing in intrastate and
interstate shipment by motor truck.
(See definition of "Auditorium.")
(See definition of "Motel.")
A dwelling in which accommodations are provided or offered
for transient guests.
Any solid, liquid, or gaseous matter, including but not limited
to, gases, vapors, dusts, fumes, and mists, containing properties
which by chemical means are inherently harmful and likely to destroy
life or impair health, or capable of causing injury to the well-being
of persons or damage to property.
A vehicle without motor power used or adaptable for living,
sleeping, hauling, business, or storage purposes, having no foundation
other than wheels, blocks, skids, jacks, horses, or skirting, which
does not meet building code requirements, and has been or reasonably
may be equipped with wheels or other devices for transporting the
structure from place to place. The term "trailer" shall include "camp
car" and "house car." A permanent foundation shall not change its
character unless the entire structure is erected in accordance with
prevailing City codes and Ordinances.
(See definition of "Mobile Home.")
(See definition of "Mobile Home Park.")
An open area, other than a street, used for the display or
sale of new or used trailers, and where no repair work is done except
for minor incidental repair of trailers to be displayed and sold on
the premises.
Any self-supporting, woody plant together with its root system,
growing upon the earth usually with one trunk, or a multi-stemmed
trunk system, supporting a definitely formed crown.
A tree whose leaves would occupy the upper level of a forest
in a natural ecological situation. These trees are often referred
to as shade trees.
A tree located in a public place, street, special easement,
or right-of-way adjoining a street.
A tree whose leaves would occupy the lower level of a forest
in a natural ecological situation. This type of tree is often referred
to as an ornamental trees.
A single or one-way vehicle movement to or from a property.
Any land used or intended to be used for the storage or parking
of trucks, trailers, tractors, and including commercial vehicles,
while not loading or unloading, which exceed 1Â 1/2 tons in capacity.
(See definition of "Truck Parking Area.")
As the term is used within Part 4 of this Ordinance, "undisturbed"
means an area of land not subjected to the removal of vegetative cover
and/or earthmoving activities, including filling.
A delineated sanitary sewer service area in conformance with
an adopted areawide water quality management plan.
The purpose for which land or a building thereon is designed,
arranged, or intended, or for which it is occupied or maintained,
let or leased.
(See definition of "Accessory Structure or Use.")
(See definition of "Nonconforming Use.")
(See definition of "Permitted Use.")
The main use of land or buildings as distinguished from a
subordinate or accessory use.
Any person, firm, corporation, or municipal department duly
authorized to furnish under public regulation to the public, electricity,
gas, steam, telephone, transportation, or water.
A variance from the terms and provisions of the Building
Code and Unified Development Ordinance which may be granted only as
to accessory buildings of 150 square feet or less in area, decks,
and fences.
Any vehicle over 6,000 pounds empty weight.
(See definition of "Hospital, Animal.")
(See definition of "Hospital, Animal.")
Ground transmitted oscillations. The periodic displacement
or oscillation of the earth.
Discrete impulses which do not exceed 60 per minute.
Vibrations which are continuous, or vibrations in discrete
impulses more frequent than 60 per minute.
A permanent or intermittent stream channel.
An area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
All of that landward land area defined by the minimum required
horizontal setback distance of 50 feet from a delineated wetland boundary,
and a line parallel thereto. The wetland setback is inclusive of any
required wetland buffer area. (Also see § 15-4.0102J. of
the Unified Development Ordinance.)
A wetland, as defined by this Ordinance, which is located
within a shoreland area.
The rules of administrative agencies having rule-making authority
in Wisconsin, published in a loose-leaf, continual revision system
as directed by § 35.93 and Chapter 227 of the Wisconsin
Statutes, including subsequent amendments to those rules.
An area or stand of trees whose total combined canopy covers
an area of one acre or more and at least 50% of which is composed
of canopies of trees having a diameter at breast height (DBH) of at
least 10 inches; or any grove consisting of eight or more individual
trees having a DBH of at least 12 inches whose combined canopies cover
at least 50% of the area encompassed by the grove. However, no trees
planted and grown for commercial purposes should be considered a mature
woodland.
An area or stand of trees whose total combined canopy covers
an area of 0.50 acre or more and at least 50% of which is composed
of canopies of trees having a diameter at breast height (DBH) of at
least three inches. However, no trees planted and grown for commercial
purposes shall be considered a young woodland.
An open space on the same zoning lot with a principal building
or group of buildings, which is unoccupied and unobstructed from its
lowest level upward, except as otherwise permitted in this ordinance,
and which extends along a lot line and at right angles thereto to
a depth or width specified in the yard regulations for the district
in which the zoning lot is located.
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending along the full length of the rear lot line
between the side lot lines. On a corner lot, the rear yard shall be
that yard directly opposite the front yard.
A yard extending across the full width or depth of a lot
between the point of the one-hundred-year recurrence interval floodplain
or ordinary high water mark of a pond, stream or lake; or a wetland
nearest the principal structure and the principal structure nearest
the one-hundred-year recurrence interval floodplain or high water
mark of a pond, stream or lake, or a wetland.
A yard extending along a side lot line from the front yard
to the rear yard.
The Zoning Administrator of the City of Franklin, Milwaukee
County, Wisconsin or a designee as may be authorized by the Common
Council.
Reference to "Zoning Board" shall refer to the Board of Zoning
and Building Appeals of Franklin, Wisconsin.
(See definition of "Zoning Board.")
The permit required by this Ordinance prior to the erection,
reconstruction, enlargement, or moving of any building or structure,
or use of a structure, land, or water where such erection or use complies
with all provisions of this Ordinance.
As defined by the City of Franklin Unified Development Ordinance
and its accompanying maps as amended.
A single tract of land located within a single block which
(at the time of filing for a building permit) is designated by its
owner or developer as a tract to be used, developed, or built upon
as a unit, under single ownership or control. Therefore, a "zoning
lot" may or may not coincide with a lot of record.
The map or maps incorporated into this Ordinance as a part
hereof, designating and delineating boundaries of zoning districts.
