A. 
Authorization.
1. 
An application for any zoning procedure, except for amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application.
2. 
An application for an amendment may be filed by an owner, lessee, agent or contract purchaser of property located in the City or by Common Council, Plan Commission, or the Zoning Administrator.
B. 
Filing.
1. 
An application for any zoning procedure shall be filed with the Zoning Administrator.
2. 
The application shall be on forms provided by the City either as printed forms available at City Hall or available online on the City's website.
3. 
The application shall be filed in such number as the instructions provide.
4. 
All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal.
5. 
The application shall include all information, plans, and data, specified in the application requirements manual.
C. 
Completeness.
1. 
The Zoning Administrator shall determine whether the application is complete.
2. 
If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied.
3. 
Once the Zoning Administrator has determined that the application is complete, the application shall be reviewed and acted upon by the Zoning Administrator or scheduled for consideration at the appropriate meeting.
D. 
Fees.
1. 
Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the Common Council.
2. 
The failure to pay such a fee when due shall be grounds for refusing to process the application and for denying or revoking any permit or approval for the subject property.
3. 
No fees shall be waived, and no fees shall be refunded except those authorized by the Common Council.
4. 
The Common Council shall adopt the City Fee Schedule by resolution.
E. 
Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a City official, commission, or board. Such withdrawal shall be made in a written statement to the City.
F. 
Successive Applications.
1. 
A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant error in law or of fact affected the prior denial.
2. 
Such subsequent application shall include a detailed statement of the grounds justifying its consideration.
3. 
The Zoning Administrator shall make a determination as to whether the subsequent application is substantially the same as the original application.
4. 
If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request.
A. 
Zoning Administrator. The City Planning and Zoning Administrator of the City of Franklin is designated as the Zoning Administrator of said City, to be responsible for enforcing this UDO. The Zoning Administrator shall have the power and shall see that the provisions of this Ordinance are properly enforced.
1. 
Duties of the Zoning Administrator. In the enforcement of this Ordinance the Zoning Administrator shall perform the following duties:
a. 
Issue the necessary Zoning Compliance Permits and other permits as provided for in the provisions of this Ordinance and ensure that the provisions of this Ordinance have been complied with.
b. 
Keep an accurate record of all permits and interpretation, numbered in order of issuance, in a record book for this purpose. The Zoning Administrator shall further record the first-floor elevations of any structure erected or placed in the floodplain districts.
2. 
Authority. In the enforcement of this Ordinance the Zoning Administrator shall have the power and authority for the following:
a. 
At any reasonable time, and for any proper purpose, to enter upon any public or private premises and make inspection thereof.
b. 
Upon reasonable cause or question as to proper compliance, to revoke any Building or Occupancy Permit and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this Ordinance, such revocation to be in effect until reinstated by the Zoning Administrator or the Board of Zoning and Building Appeals.
c. 
In the name of the City, and with authorization of the Common Council for matters initiated in Circuit Court and without authorization of the Common Council for matters initiated in Municipal Court, commence any legal proceedings necessary to enforce the provisions of this Ordinance or the City of Franklin Building Code including the collection of forfeitures provided for herein.
B. 
City Plan Commission. There is hereby established a City Plan Commission for the City of Franklin, Wisconsin, in accordance with § 62.23 of the Wisconsin Statutes.
1. 
Duties. The City Plan Commission shall have the following functions and duties:
a. 
Make and Recommend a Comprehensive Plan. To make and recommend a Comprehensive Plan for the physical development of the municipality including any areas outside of its boundaries in accordance with § 62.23 of the Wisconsin Statutes.
b. 
Make and Recommend an Official Map. To make and recommend an Official Map to the Common Council in accordance with § 62.23 of the Wisconsin Statutes.
c. 
Prepare and Recommend a Zoning District Plan and Regulations. To prepare and recommend a zoning district plan and regulations to the Common Council in accordance with § 62.23 of the Wisconsin Statutes.
d. 
Prepare and Recommend Land Division Regulations. To prepare and recommend land division regulations to the Common Council in accordance with § 236.45 of the Wisconsin Statutes.
e. 
Changes to the Comprehensive Plan. To make any changes to the Comprehensive Plan they deem necessary or desirable and to recommend any changes or amendments to the Common Council that they deem necessary or desirable concerning the Official Map and Official Map Ordinance, Zoning and Land Division provisions of the Unified Development Ordinance, and Fire Prevention Ordinances.
f. 
Matters Referred to the City Plan Commission. To consider and report or recommend on all matters referred to them, including, but not limited to, Conditional Use Permits.
g. 
Variances to the Land Division and Platting Provisions of this Ordinance. The granting of variances to the land division and platting related aspects of this Ordinance shall be the sole charge of the Plan Commission [See State ex rel. Westbrook v. City of New Berlin, 120 Wis.2d 256, 354 N.W.2d 206 (Ct. App. 1984)].
h. 
Hold Public Hearings and Informational Meetings. To hold public hearings and informational meeting on matters referred to the City Plan Commission.
2. 
Membership of the City Plan Commission.
a. 
The City Plan Commission shall consist of the Mayor who shall be its presiding officer, two (2) alderpersons appointed by the Mayor and confirmed by the Common Council who shall serve for one (1) year unless the office becomes vacant, and four (4) citizens, three (3) appointed for three (3) year terms and one (1) citizen appointed for a one (1) year term.
b. 
Presiding Officer. The presiding officer shall be the Mayor.
c. 
Recording Secretary. The Recording Secretary shall be the City Clerk or other person as designated by the City Clerk.
d. 
Official Oaths. The official oaths shall be taken by all members in accordance with § 19.01 of the Wisconsin Statutes within ten (10) days of receiving notice of their appointments.
e. 
Terms. Terms for the citizen members shall commence in the first week in May, and each term shall be staggered and each term shall be for a three (3) year period.
f. 
"Statement of Economic Interest" Requirements. Members shall comply with the City of Franklin's "Statement of Economic Interest" policy requirements.
3. 
Organization.
a. 
The City Plan Commission shall organize and adopt rules for its own government in accordance with the provisions of this Ordinance.
b. 
Meetings. Meetings shall be held monthly (at a minimum) and at the call of the Mayor or a majority of the full Commission and shall be open to the public.
c. 
Standing and Special Committees. Standing and special committees may be appointed by the Chairman.
d. 
Quorum. Quorum shall be four members, but all actions shall require approval of a majority of the full Commission except a motion to adjourn.
e. 
Minutes. Minutes shall be kept showing all actions taken, resolutions, findings, determinations, transactions, and recommendations made; and a copy shall be filed with the City Clerk as a public record.
f. 
Administrative Procedures and Regulations. The Commission shall keep Administrative Procedures and Regulations to govern the Commission not included herein.
g. 
Remote meeting attendance permitted. Plan Commission meetings attendance by way of telephone and/or electronic audio and/or video communication, is permitted for attendance by applicant representative(s) with regard to application items upon a meeting agenda, and also for City retained consultants with regard to subject matter item(s) upon a meeting agenda, provided that live streaming for those meetings is enabled so the public would be able to watch and listen, and provided that the Chairperson for the subject meeting was informed of the remote attendance request at least forty-eight (48) hours in advance of the start of the meeting, and determined that under the circumstances presented, i.e., travel distance, other scheduled work requirement, or the like, permission for remote attendance is appropriate, at least twenty-four (24) hours in advance of the start of the meeting.
C. 
Board of Zoning and Building Appeals. There is hereby established a Board of Zoning and Building Appeals in the City of Franklin for the purpose of hearing appeals and applications, and granting variations and exceptions to the provisions of this Ordinance.
1. 
Powers. The Board of Zoning and Building Appeals shall have the following powers pertaining to the City of Franklin's zoning regulations and Section 30.03 of the Wisconsin Uniform Building Code:
a. 
Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator or the Director of Inspection Services; and also where it is alleged there is an error in any order, requirement, decision or determination made by the Fire Official, to hear and decide an appeal of such error pursuant to and upon the standards set forth in Section 15-9-12.
b. 
Variances. To hear and grant applications for variances pursuant to the provisions of § 62.23(7)(e) of the Wisconsin Statutes as amended and to hear and grant applications for minor variances pursuant to this Section of this Ordinance. Use variances shall not be granted. No variance shall be granted which may vary any term or provision of this UDO as it pertains to any property which is subject to a Conditional Use resolution or a Planned Unit Development or vary any term of such Conditional Use resolution or Planned Unit Development itself, unless the application for such variance is specifically authorized within such Conditional Use resolution or Planned Unit Development ordinance.
c. 
Interpretations. To hear and decide applications for interpretation of the zoning regulations, also to hear and decide disputes relative to the boundaries of the zoning districts.
d. 
Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the Plan Commission has made a review and recommendation. Whenever the Board of Zoning and Building Appeals permits such a substitution, the use may not thereafter be changed without application.
e. 
Permits. The Board of Zoning and Building Appeals may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issuance of the permit.
f. 
Assistance. The Board of Zoning and Building Appeals may request assistance from other City officers, departments, commissions, and boards.
g. 
Oaths. The Chairman of the Board of Zoning and Building Appeals may administer oaths and compel the attendance of witnesses.
2. 
Membership. The Board of Zoning and Building Appeals shall consist of five (5) members appointed by the Mayor and confirmed by the Common Council. In addition:
a. 
Terms. Terms of the Board of Zoning and Building Appeals shall be staggered three (3) year periods.
b. 
Chairman. The Chairman of the Board of Zoning and Building Appeals shall be designated by the Mayor.
c. 
Alternate Member. Two (2) alternate members of the Board of Zoning and Building Appeals, designated first alternative and second alternative respectfully may be appointed by the Mayor for a term of three (3) years and shall act only when a regular member is absent or refused to vote because of conflict of interest.
d. 
Zoning Administrator and Building Inspector. The Zoning Administrator shall attend, and the Building Inspector may attend, all meetings of the Board of Zoning and Building Appeals for the purpose of providing technical assistance when requested by the Board.
e. 
Secretary. The Zoning Administrator, or Zoning Administrator's assignee, shall be the recording secretary of the Board of Zoning and Building Appeals.
f. 
Official Oaths. Official Oaths shall be taken by all members of the Board of Zoning and Building Appeals in accordance with § 19.01 of the Wisconsin Statutes within ten (10) days of receiving notice of their appointment.
g. 
Vacancies. Vacancies of the Board of Zoning and Building Appeals shall be filled for the unexpired term in the same manner as appointments for a full term within one (1) month of the occurrence of the vacancy.
h. 
"Statement of Economic Interest" Requirements. Members shall comply with the City of Franklin's "Statement of Economic Interest" policy requirements.
i. 
Decisions. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass, or to affect any variation in such ordinance.
3. 
Organization. The Board of Zoning and Building Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this Ordinance.
a. 
Meetings. Meetings of the Board of Zoning and Building Appeals shall be held at the call of the Chairman and shall be open to the public.
b. 
Minutes. Minutes of the proceedings of the Board of Zoning and Building Appeals and a record of all actions shall be kept by the Secretary, showing the vote of each member upon every question, the reasons for the Board's determination, and its findings of facts. These records shall be immediately filed in the office of the Board and shall be a public record.
[Amended 10-7-2025 by Ord. No. 2025-2701]
A. 
Zoning Compliance Permit.
1. 
Purpose and Applicability. In all zoning districts a Zoning Compliance Permit shall be required for any new use or change of use of a building, structure, or land to a use allowed by-right in the governing zoning district and not involving the construction of new buildings or structures, alteration of existing buildings or structures, or other exterior changes to the City. Any use necessitating construction of a new building or structure, addition, accessory structure or any other similar expansion of the use on the site, such as additional parking spaces, except single-family and duplex development shall comply with Site Plan Review of this Ordinance.
2. 
Zoning Administrator Review and Action.
a. 
The Zoning Administrator shall review the Zoning Compliance Permit application to determine whether it conforms to all applicable provisions of this UDO.
b. 
Based upon their review the Zoning Administrator shall:
i. 
Issue the Zoning Compliance Permit;
ii. 
Issue the Zoning Compliance Permit with conditions;
iii. 
Refer the Zoning Compliance Permit application to the Plan Commission for review and approval; or
iv. 
Deny the Zoning Compliance Permit.
3. 
Expiration and Lapse of Approval. A Zoning Compliance Permit shall expire if within six (6) months of the date of issuance of a Zoning Compliance Permit the use has not commenced or that the use has not occupied the structure or location. Upon the showing of a valid cause by the applicant, the Zoning Administrator may grant an extension of such Zoning Compliance Permit for a period not to exceed six (6) months.
4. 
Enforcement. Failure to comply with this Section relating to Zoning Compliance Permits may be enforced pursuant to this Ordinance, or any other provision of law, including, but not limited to, revocation of the Zoning Compliance Permit, injunction, or other civil suit.
B. 
Site Plan Review.
1. 
Purpose and Applicability. Site Plan Review is required prior to the issuance of a Certificate of Occupancy to certify compliance with all applicable provisions of this UDO. Site Plan Review shall be required for any development involving construction of a new building, accessory structure, or any other similar expansion such as the construction of additional impervious area or parking spaces. Single-family and duplex residential development shall be exempt from site plan review and shall only require a Zoning Compliance Permit as specified in Section 15-9-03(A) above.
2. 
Standards of Review.
a. 
Conformity of Use to Zoning District. The proposed use(s) conform(s) to the uses permitted as a Permitted Use in the zoning district.
b. 
Dimensional Requirements. The dimensional arrangement of buildings and structures conform to the required area, yard, setback, and height restrictions of the UDO.
c. 
Use and Design Provisions. The proposed use conforms to all use and design provisions and requirements (if any) as found in this Ordinance for the specified uses.
d. 
Relation to Existing and Proposed Streets and Highways. There is a proper relationship between the existing and proposed streets and highways within the vicinity of the project to assure the safety and convenience of pedestrian and vehicular traffic. In the case of a arterial streets and highways not under the jurisdiction of the City of Franklin, that the applicable highway authority (county, state, or federal) has been contacted and the needed permits have been obtained and submitted to the City for review.
e. 
Impact on Surrounding Uses. The proposed on-site buildings, structures, and entry ways are situated and designed to minimize adverse effects upon owners and occupants of adjacent properties by providing for adequate design of ingress/egress, and interior/exterior traffic flow, stormwater drainage, erosion, grading, lighting, and parking, as specified by this Ordinance or any other codes or laws.
f. 
Natural Resource Features Protection. Natural features of the landscape are retained to enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood. The requirements set forth in Section 15-7-02 are to be met. Where required, a Natural Resource Protection Plan meeting the requirements set forth in Section 15-7-03 has also been submitted for staff and Plan Commission review and approval.
g. 
Required Landscaping and Landscape Bufferyards. Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape bufferyards to provide for appropriate screening, fencing, or landscaping as required in Article 5 of this Ordinance. Where required, a Landscape Plan meeting the requirements set forth in Section 15-5-04 has also been submitted for Plan Commission review and approval.
h. 
Provision of Emergency Vehicle Accessibility. Land, buildings, and structures are readily accessible to emergency vehicles and persons with physical disabilities.
i. 
Building Location. No building shall be permitted to be sited in a manner which would unnecessarily destroy or substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.
j. 
Location and Design of On-Site Waste Disposal and Loading Facilities. No on-site waste disposal and/or loading facility shall be permitted to be designed or sited in a manner which would substantially damage the beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in the area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of the existing structures on adjoining properties.
k. 
Consistency with the Intent of the Unified Development Ordinance. The Site Plan is consistent with the intent and purposes of the UDO as established in Article 1 and governing zoning district in Article 2.
l. 
Consistency with the Intent of the Comprehensive Master Plan. The Site Plan is consistent with the public goals, objectives, principles, standards, policies, and urban design criteria set forth in the City-adopted Comprehensive Master Plan or component thereof.
m. 
Plan Commission Reserves the Right to Determine a Site Unsuitable for Planned Use. The Plan Commission reserves the right to declare land or structures unsuitable for planned use when Plan Commission review occurs during the site plan review process.
3. 
Zoning Administrator Review and Action.
a. 
The Zoning Administrator shall review the site plan review application to determine whether it conforms to all applicable provisions of this UDO.
b. 
Based upon their review the Zoning Administrator shall:
i. 
Approve the site plan;
ii. 
Approve the site plan with conditions; or
iii. 
Deny the site plan.
c. 
Plan Commission Referral.
i. 
For any proposed development that results in a change or addition of twenty thousand (20,000) square feet or more of floor area, the Zoning Administrator shall refer to the Plan Commission for review.
ii. 
The Plan Commission shall then review and approve the site plan, approve the site plan with conditions, or deny the Site Plan in accordance with the standards of Section 15-9-03(B)(2) above.
4. 
Expiration and Lapse of Approval. Except in the case of an approved Planned Unit Development, no site plan approval shall be valid for a period longer than two (2) years unless a Building Permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Zoning Compliance Permit, Conditional Use Permit, or Occupancy Permit is issued and a use commences within that period.
5. 
Site Plan Amendments.
a. 
Determination of Level of Change. Upon receiving a Site Plan amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Subsections (B)(5)(c) and (d) below.
b. 
Process. Any minor amendment (as set forth herein) to an approved Site Plan may be submitted to the Zoning Administrator for administrative approval.
c. 
Major Amendment. A major amendment is an amendment which results in one (1) of the following:
i. 
A change of five (5) percent or more of the structure's floor area.
ii. 
An increase in the off-street parking located on site.
iii. 
A ten (10) percent or greater decrease in the facade area covered by exterior building cladding materials that have a minimum quantity required for facades as specified in Article 5.
iv. 
A ten (10) percent or greater increase in the facade area covered by exterior building cladding materials that have a maximum quantity allowed as specified in Article 5.
d. 
Minor Amendment. A Minor Site Plan amendment is any change that does not qualify as a Major Site Plan amendment per Subsection (B)(5)(c) above.
e. 
Approval Process. A major amendment to an approved Site Plan shall be considered a new site plan. A minor amendment to an approved Site Plan may be approved by the Zoning Administrator.
C. 
Temporary Use Permit.
1. 
Purpose. A Temporary Use Permit shall be required prior to the establishment of a temporary use per Article 4 of this UDO to certify compliance with all applicable regulations of this UDO and the applicable sections of the Building Code as adopted by the City. A permit application shall be submitted at least ten (10) days prior to the establishment of a temporary use for Zoning Administrator action, or 30 days for Plan Commission decision.
2. 
Temporary Use Permit Review Criteria. To approve the issuance of a Temporary Use Permit, the Zoning Administrator shall make an affirmative finding that all applicable provisions of this UDO, the applicable Building Code, and all other City ordinances are met.
3. 
Zoning Administrator Action. The application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (C)(2) above. Based upon their review, the Zoning Administrator shall:
a. 
Issue the Temporary Use Permit;
b. 
Issue the Temporary Use Permit with conditions;
c. 
Refer to the Plan Commission uses not listed in Article 4; or
d. 
Deny the Temporary Use Permit.
D. 
Sign Permit.
1. 
Purpose. A Sign Permit shall be required prior to the display, construction, erection, or alteration of a sign and its structural components on any property. All signs must comply with Article 6, and the applicable sections of the Building Code as adopted by the City. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes.
2. 
Exemptions. Signs exempt from a permit are detailed in Article 6.
3. 
Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator shall make an affirmative finding that all applicable provisions of this UDO, the applicable Building Code, and all other City ordinances are met.
4. 
Zoning Administrator Action. The application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (D)(3) above. Based upon their review, the Zoning Administrator shall:
a. 
Issue the Sign Permit;
b. 
Issue the Sign Permit with conditions; or
c. 
Deny the Sign Permit.
5. 
Expiration and Lapse of Approval. A Sign Permit shall become void, if work authorized under the permit has not been completed within six (6) months of the date of issuance.
E. 
Interpretations.
1. 
Purpose.
a. 
The interpretation authority established by this Section is intended to recognize that the provisions of this UDO, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied.
b. 
The Zoning Administrator may issue Interpretations of the provisions of this UDO to clarify the standards or requirements as they relate to a particular type of development on a particular property.
c. 
The interpretation authority established herein is not intended to add or change the essential content of this UDO but is intended only to allow authoritative application of that content to specific cases.
2. 
Request. The Zoning Administrator may issue an Interpretation at the written request of a petitioner who is proposing to take action requiring the issuance of a permit or certificate. The request for an Interpretation shall set forth the facts and circumstances, a description of the proposed development, and the precise interpretation claimed by the applicant to be correct.
3. 
Content of Letter. The Interpretation does not itself authorize the establishment of a use but provides guidance for any approvals or permits required by this UDO, and the Interpretation shall be advisory in nature and shall not be binding upon the Plan Commission or the Common Council in their functions under this UDO. The Interpretation shall specify the facts, reasons, analysis, and standards upon which the Interpretation is based.
4. 
Records. A record of all Interpretations shall be kept on file in the Zoning Administrator's office.
F. 
Certificate of Occupancy.
1. 
Certificate of Occupancy Required. A Certificate of Occupancy to be issued by the Director of Inspection Services or his/her designee shall be required for any of the following, except buildings incidental to agricultural operations other than residences:
a. 
Occupancy and use of a building hereafter erected or enlarged.
b. 
Change in use of an existing building.
c. 
Any change in the use of a nonconforming use.
2. 
No Occupancy, Use, or Change of Use Shall Take Place. No such occupancy, use, or change of use shall take place until a Certificate of Occupancy has been issued.
3. 
Undeveloped Land Within Floodplain Districts.
a. 
No undeveloped land within the floodplain districts shall be occupied, developed, or used; and no structure hereafter erected, altered, substantially improved, or moved shall be occupied until the applicant submits to the Zoning Administrator a certification by a Wisconsin registered professional engineer or land surveyor that the floodplain regulations set forth in this Ordinance have been fully complied with. Such certification shall include a clear notation of the first-floor elevation of any structure on the site.
b. 
Pending the issuance of such certificate, a temporary Certificate of Occupancy may be issued by the Zoning Administrator for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or the City relating to the use or occupancy of the land or building, or any other matter covered by this Ordinance, and such temporary Certificate of Occupancy shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants.
4. 
Application for a Certificate of Occupancy. Written application for a Certificate of Occupancy for the use of vacant land, or for a change in a nonconforming use, as herein provided, shall be made to the Director of Inspection Services.
5. 
Issuance of a Certificate of Occupancy. If the proposed use is in conformity with the provisions of this Ordinance, the Certificate of Occupancy shall be issued within three (3) working days after the application for the same has been made, only after the occupancy conforms to this Ordinance and other applicable City Codes, and any lack of conformance to this Ordinance or other codes are corrected.
6. 
Form of Certificate of Occupancy and Permanent Record. Each Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Ordinance. A record of all Certificates of Occupancy shall be kept on file in the office of the Director of Inspection Services and a copy shall be forwarded, on request, to any person having proprietary or tenancy interests in the building or land affected.
7. 
Certificate of Occupancy Not Required for Gas and Electric Utility Uses Issued a Certificate of Public Convenience and Necessity. No Certificate of Occupancy shall be required for gas and electric utility uses which have been issued a Certificate of Public Convenience and Necessity pursuant to § 196.491 of the Wisconsin Statutes, as amended.
G. 
Home-Based Business Permit.
1. 
Purpose and Applicability. A Home-Based Business Permit shall be required for any business or commercial activity that is conducted, or proposed to be conducted, from property that is zoned for residential use and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
2. 
Zoning Administrator Review and Action.
a. 
The Zoning Administrator shall review the home-based business permit application to determine whether it conforms to all applicable provisions of this UDO.
b. 
Based upon their review the Zoning Administrator shall:
i. 
Issue the Home-Based Business Permit;
ii. 
Issue the Home-Based Business Permit with conditions;
iii. 
Deny the Home-Based Business Permit.
3. 
Expiration and Lapse of Approval. A Home-Based Business Permit shall expire if within six (6) months of the date of issuance if the use has not commenced. Upon the showing of a valid cause by the applicant, the Zoning Administrator may grant an extension for a period not to exceed six (6) months.
4. 
Enforcement. Failure to comply with this Section may be enforced pursuant to this Ordinance, or any other provision of law including, but not limited to, revocation of the Home-Based Business Permit, injunction, or other civil suit.
A. 
Site Intensity Calculations.
1. 
Recognition of Distinctive Site Features. This Ordinance recognizes that landforms, parcel size and shape, and Natural Resource Features vary from site to site and that development regulations must take into account these variations. The maximum density or intensity of use allowed in any zoning district is controlled by the various district standards set forth for each of the various zoning districts of this Ordinance.
2. 
Applicability.
a. 
Except as set forth under Subsection (A)(2)(b) below, the site intensity and capacity calculations set forth in this Section and the Natural Resource Protection Standards set forth in Article 7 shall apply for each parcel of land to be used or built upon in the City of Franklin including all new Certified Survey Maps, Preliminary Plats, condominiums, multiple-family residential developments, all mixed-use or nonresidential development, and as may be required elsewhere in this Ordinance.
b. 
Natural resource protection shall not be required and the site intensity and capacity calculations set forth in this Section shall not be required for the construction of single-family and duplex residential development located on non-divisible existing lots of record within existing platted Subdivisions (with an approved Final Plat), Certified Survey Maps, and Condominiums existing on August 1, 1998, the effective date of this Ordinance, or for which a Natural Resource Protection Plan and site intensity capacity calculations were filed at the time of division after August 1, 1998.
3. 
Exclusions (When Natural Resource Protection and Site Intensity and Capacity Calculations Are Not Required).
a. 
Notwithstanding any other provision of this Ordinance, Natural Resource Protection and any such related Natural Resource Protection Plan shall not be required and the site intensity and capacity calculations set forth in this Section shall not be required for any accessory use structure or accessory use development or for an addition or modification to an existing principal structure development which does not increase the existing developed structure and impervious surface area upon the parcel by more than fifty (50) percent or two thousand five hundred (2,500) square feet, whichever is smaller, where Natural Resource Feature(s) are not within one hundred (100) feet of the area to be disturbed by the new development, upon a parcel supporting an existing principal structure with an existing principal use;
b. 
Determination as to whether Natural Resource Features are within one hundred (100) feet of the area to be disturbed, the boundaries of which shall be clearly identified within application materials, shall be made by the City Engineer or designee;
c. 
For any Primary and Secondary Environmental Corridors and Isolated Natural Resource Areas defined by the Southeastern Wisconsin Regional Planning Commission that are located on the site by the City Engineer or designee, but whose nearest boundary lies more than one hundred (100) feet of the area to be disturbed, a written plan shall be provided by the applicant detailing the protective measures that will be implemented to prevent adverse impacts. The Plan shall be subject to approval by the Plan Commission and shall be implemented as a condition of application approval.
4. 
Calculation of Area of Natural Resource Protection Land.
a. 
All land area with those Natural Resource Features as described in Section 15-7-02 of this Ordinance shall be measured relative to each Natural Resource Feature present, as set forth in Section 15-7-02, Natural Resources Features Determination.
b. 
The total area of Natural Resource Protection Land shall be defined as the net land surface area lying within the boundaries of one or more Natural Resource Features, as set forth in Table 15-9-04(A)(4), Calculation of Natural Resource Protection Land Area. Land surface area where two or more Natural Resource Features overlap shall be counted only once for purposes of determining the area of resource protection land. A map shall be submitted with the Natural Resource Protection Plan pursuant to Article 7 indicating the boundaries of each Natural Resource Feature, the size of each feature, and the total area of the site lying within the boundaries of at least one Natural Resource Feature.
c. 
The land surface area of each Natural Resource Feature permitted to be disturbed and where approved, compensated, pursuant to Section 15-7-03 shall be used to determine the extent of compensation required, as set forth in Table 15-7-03, City of Franklin Natural Resources Compensation Ratios.
Table 15-9-04(A)(4): Calculation of Natural Resource Protection Land Area
Resource/Feature
Total Land Surface Area of Each Natural Resource Feature (acres or square feet; use throughout)
a.
SEWRPC Primary Environmental Corridor
b.
SEWRPC Secondary Environmental Corridor
c.
SEWRPC Isolated Natural Resource
d.
Surface Water or Wetland Buffer
e.
Woodland or Forest
f.
Wetland
g.
Degraded Wetland
h.
Lake or Pond
i.
Gross Land Surface Area of Natural Resource Features
(i) = Sum of (a) through (h) above
j.
Net Natural Resource Protection Land - Total area of the site lying within the boundaries of at least 1 Natural Resource feature (a) through (h)
Determine from map; total surface area lying within at least 1 Natural Resource Feature
5. 
Calculation of Base Site Area. The base site area shall be calculated as indicated in Table 15-9-04(A)(5) for each parcel of land for which development approval is sought that is not exempted under Section 15-3-03.
Table 15-9-04(A)(5): Calculation of Base Site Area for Development
Step
Land Area to Be Determined
Calculation
Area (square feet or acres; use throughout)
a
Total gross site area (SF or acres; use throughout) determined through a boundary survey of the subject property
b
Land in dedicated public street rights-of-way, land located within the ultimate road right-of-way of existing roads, rights-of-way of utilities, and dedicated public park or school sites
c
Land reserved for open space as part of a previously approved development or land division
d
Land area to be reserved for parks and schools
e
Net Natural Resource Protection Lands, row (j) from Table 15-3-01
f
Net Buildable Area for Development = (a) - {sum (b+c+d+e)}
6. 
Calculation of Site Intensity and Capacity for Residential Uses in Residential Zoning Districts. The maximum number of dwelling units that may be permitted on a parcel of land in a residential zoning district, as defined in Section 15-2-02, shall be determined using the Base Site Area for Development, row (f) of Table 15-9-04(A)(5), as set forth in Table 15-9-04(A)(6) below:
Table 15-9-04(A)(6): Calculation of Site Capacity For Residential Uses
Land Area to Be Determined
Area (SF or acres; use throughout)
a. Net Buildable Area for Development, Row (f) from Table 15-9-04(A)(5)
a = row (f), Table 15-9-04(A)(5)
For multifamily units, if proposed:
b. Number of units proposed:
c. Minimum lot area per unit (from Section 15-3-01)
d = (b) x (c) Minimum land area required:
For single-family units, if proposed:
e. Number of units proposed:
f. Minimum lot area per unit (from Section 15-3-01)
g = (e) x (f) Minimum land area required:
Total minimum land area required shall not exceed net buildable area for development; check that (h) < (a)
h = (d) + (g) Total minimum land area required:
[Amended 10-7-2025 by Ord. No. 2025-2701]
A. 
Summary of Board/Commission Review and Approval Procedures. Table 15-9-05(A) summarizes the Board and Commission Review and Approval procedures and identifies the appropriate boards or commissions that serve as recommending or decision-making bodies.
Table 15-9-05(A): Summary of Board/Commission Review and Approval Procedures
Petition Review Procedure
Parks Commission
Plan Commission
Common Council
Board of Zoning and Building Appeals
Conditional Use Permit
R*
D
Major Conditional Use Permit Amendment
R*
D
Variance
D*
Natural Resource Special Exception
R
D*
Map Amendment
R*
D
Text Amendment
R*
D
Comprehensive Master Plan Future Land Use Amendment
R
D*
Appeal
D*
Minor Land Division
R/D
D
Land Combination
R
D
Subdivision
R
D
Key:
R = Recommending Body
D = Decision Making Body
* = Public Hearing Required
B. 
Notice Requirements. Table 15-9-05(B) summarizes the required method for each type of required notice. All notices shall be made in compliance with Chapter 985 of the Wisconsin Statutes. Require written, notice shall be delivered by regular mail to all owners of properties or portions of properties within five hundred (500) feet of the boundary of the property or properties involved in the application, mailed not less than ten (10) days prior to the hearing.
Table 15-9-05(B): Notice Requirements by Procedure
Procedure
Published Notice
Class 1
Class 2
Written Notice
Conditional Use Permit
•
•
Major Conditional Use Permit Amendment
•
•
Variance
•
•
Natural Resource Special Exception
•
•
Text Amendment
•
Map Amendment
•
•
Appeal
•
Key:
• = Required form of notice
Notes:
(1) Process specified in Article 10 Planned Development Standards and Procedures.
C. 
Recording of Documents. Recording of documents as required by the City in instances of subdivision, consolidation, amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the Zoning Administrator in a timely manner and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by the Zoning Administrator and paid prior to the recording of documents.
A. 
General. It is recognized that there are uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such Conditional Uses fall into two (2) categories:
1. 
Uses publicly operated or traditionally affected with a public interest.
2. 
Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
B. 
Compliance With State Statute. Applications for a Conditional Use shall be filed with, noticed, considered, and acted upon by the City of Franklin in compliance with Wisconsin States Statutes as specified in Subchapter 60.61(4e) of Wisconsin Statutes, as amended.
C. 
Initiation of Conditional Uses. Any person owning or having an interest in the subject property may file an application to use such land for one (1) or more of the Conditional Uses provided for in this UDO and in the zoning district in which the land is situated.
D. 
Application for Conditional Uses. A Conditional Use application for a Conditional Use, for the expansion of an existing Conditional Use or change of use, shall be filed with the Zoning Administrator or designee on an application form prescribed by the Zoning Administrator.
E. 
Notice Required.
1. 
At least ten (10) days in advance of the Plan Commission hearing, but not more than thirty (30) days, a Class 2 notice as specified in Chapter 985 of the Wisconsin Statutes specifying the time and place of such hearing shall be published in a newspaper of general circulation in the City of Franklin.
2. 
Written notice of the public hearing shall also be delivered by regular mail to all owners of properties or portions of properties within five hundred (500) feet of the boundary property or properties involved in the application, mailed not less than ten (10) days prior to the hearing, with the ownership to be determined by the records on file in the Office of the City Assessor; notice to one of joint or in-common owners being notice of all.
3. 
The Common Council shall request a review of each such Conditional Use in the floodplain districts by the Wisconsin Department of Natural Resources (DNR). Final action on floodplain applications shall not be taken for at least thirty (30) days or until DNR has made its recommendations, whichever comes first. A copy of all decisions relating to Conditional Uses in the floodplain districts shall be transmitted to DNR within ten (10) days of the effective date of such decision.
F. 
Plan Commission Hearing. Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one (1) public hearing. At the close of the public hearing the Plan Commission shall recommend to Common Council to:
1. 
Approve the Conditional Use Permit;
2. 
Approve the Conditional Use Permit with conditions; or
3. 
Deny the Conditional Use Permit.
G. 
Common Council Action. For each application for a Conditional Use, the Plan Commission shall report to the Common Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The Common Council shall:
1. 
Approve the Conditional Use Permit;
2. 
Approve the Conditional Use Permit with conditions; or
3. 
Deny the Conditional Use Permit.
Figure 15-9(1) Conditional Uses Procedure
H. 
General Standards for Conditional Uses. In considering an application for a Conditional Use permit the Plan Commission and Common Council shall review the responses by the applicant to the standards set forth below.
1. 
Ordinance and Comprehensive Master Plan Purposes and Intent. The proposed use and development will be in harmony with the general and specific purposes for which this UDO was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the City of Franklin Comprehensive Master Plan or element thereof.
2. 
No Undue Adverse Impact. The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood.
3. 
Compatibility With Surrounding Development. The proposed use and development will be constructed, arranged, and operated so as not to dominate the immediate vicinity or to interfere with the use and development of neighboring property in accordance with the applicable zoning district regulations.
4. 
Adequate Public Facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the applicant will provide adequately for such facilities.
5. 
Adequate Circulation. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. 
No Destruction of Significant Features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance. This criterion shall be deemed to have been met with respect to natural features upon approval by the Plan Commission of a Natural Resource Protection Plan for the proposed use.
I. 
Effect of Denial of a Conditional Use. No application for a Conditional Use which has been denied wholly or in part by the Common Council shall be resubmitted for a period of one (1) year from the date of said order of denial.
J. 
Revocation. In any case where a Conditional Use has not been established within two (2) years after the date of granting thereof, then without further action by the Plan Commission or the Common Council, the Conditional Use authorization shall be null and void. The criteria for determining establishment of a Conditional Use may be set forth by the Common Council in the approving Conditional Use Resolution.
K. 
Amendments to Approved Conditional Uses.
1. 
Determination of Level of Change. Upon receiving a Conditional Use amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Sections 15-9-06(K)(a) and (b) below.
a. 
Major Amendment. A major amendment is any proposed change to an approved Conditional Use that results in one (1) or more of the following:
i. 
Increase in the intensity of the site's use, including:
a) 
A five (5) percent increase in impervious surface or modification to the approved Stormwater Management Plan.
b) 
Request for hours of operation before 8:00 a.m. or after 6:00 p.m.
c) 
Additional noise, glare, odor, or other impacts that are detectable from off site.
b. 
Minor Amendment. A minor amendment is any proposed change to an approved Conditional Use that is consistent with the standards and conditions upon which the Conditional Use was approved, which does not alter the concept or intent of the Conditional Use, and which is not considered a major amendment as detailed in Section 15-9-06(K)(1)(a) above.
c. 
Approval Process. A major amendment to an approved Conditional Use shall follow the procedure for a Conditional Use approval set in Section 15-9-06(K)(1)(a) above. A minor amendment to an approved Conditional Use may be approved by the Zoning Administrator:
[Amendcd 10-7-2025 by Ord. No. 2025-2701]
A. 
Purpose. The Variance process is designed to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this Ordinance that create practical difficulties or particular hardships. A Variance may be granted for practical difficulties or particular hardships resulting from the strict application of the regulations of this Ordinance.
B. 
Applicants Receiving Variances in Floodplains. Pursuant to federal regulations set forth in 44 CFR Part 60.6(5), applicants receiving variances in floodplains shall be notified, in writing, by the Board of Zoning and Building Appeals that increased flood insurance premiums and increased threat to life and property may result from the granting of the variance. The Board shall keep a record of the notification in its files.
C. 
Variance Review Criteria. In determining whether a Variance should be granted, the Board of Zoning and Building Appeals must consider whether the practical difficulty or unnecessary hardship claimed by the applicant was created by the applicant and take into account the nature of the hardship. No Variance shall be granted unless the Board of Zoning and Building Appeals makes all the following findings:
1. 
The application of the ordinance to the particular piece of property would create an unnecessary hardship;
2. 
Such conditions are peculiar to the particular piece of property involved;
3. 
Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Comprehensive Master Plan; and
4. 
The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.
D. 
Hearing on Application.
1. 
Upon receipt of an eligible application for a variance, the Board of Zoning and Building appeals shall hold a public hearing on the application. Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 Notice, pursuant to Ch. 985 of the Wisconsin Statutes.
2. 
The time, place and purpose of such hearing shall also be delivered by regular mail to the applicant and to all owners of properties or portions of properties within five hundred (500) feet of the property or properties described in the application, mailed not less than ten (10) days prior to the hearing, with the ownership to be determined by the records on file in the Office of the City Assessor; notice to one of joint or in-common owners being notice to all.
E. 
Board of Zoning and Building Appeals Hearing and Action. The Board of Zoning and Building Appeals shall review the application for a Variation, hold a public hearing, and after consideration of the recommendation of the Zoning Administrator, recommendation of the Zoning Administrator and public comment received either:
1. 
Approve the Variation;
2. 
Approve the Variation with conditions; or
3. 
Deny the Variation.
F. 
Effect of Denial. No application for a variation shall be filed by the property owner which is identical or substantially similar to the requested variation which has been denied within one (1) year of the date of the denial.
Figure 15-9(2) Variance Procedure
G. 
Expiration and Lapse of Approval. No variance shall be valid for a period longer than two (2) years unless a Building Permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a Zoning Compliance Permit, Conditional Use Permit, or Occupancy Permit is issued and a use commences with that period.
[Amended 10-7-2025 by Ord. No. 2025-2701]
A. 
Natural Resource Protection Plan Review Procedures.
1. 
Staff shall make a recommendation to the Environment Commission as to the completeness of a Natural Resource Protection Plan and the sufficiency of proposed restoration and compensation, based on the standards and procedures set forth in Article 7 and the City of Franklin Natural Resource Guidance.
2. 
The Environment Commission shall make a further recommendation to the Plan Commission following its review of the Natural Resource Protection Plan.
3. 
The Natural Resource Protection Plan and Compensation/Restoration Plan, if applicable, shall be incorporated into the findings of fact and decision for the project and shall be binding on all future approvals, subject to any amendments approved under the provisions of this Article.
4. 
Technical Review.
a. 
Where the Plan Commission determines that there is a material dispute as to the nature, location, extent, or quality of one or more natural resources present, or on the viability or approach to compensation and restoration proposed, the Plan Commission may contract for review of the Natural Resource Protection Plan by a qualified professional. [note: under the City's current provisions for a special exception applicants are charged for these costs; see Section 15-9-08(B)(2)(e)(iii) below].
b. 
The objective of any such review shall be limited to establishing a factual basis for determining whether a Natural Resource Protection Plan and any proposed compensation and restoration meets the objective standards and ratios in this Article and in the City of Franklin Natural Resource Guidance.
B. 
Special Exception.
1. 
Applicability. A Special Exception to the provisions of this Article shall be required for:
a. 
Any construction or permanent impacts to SEWRPC Primary or Secondary Environmental Corridors, SEWRPC Isolated Natural Resource Areas, federal jurisdictional wetlands, Shoreland Wetlands, surface waters, and surface water or wetland buffers required under Section 15-7-02(A)(3)(a) for federal jurisdiction wetlands, shoreland wetlands, surface waters or surface water setbacks.
b. 
Any reduction in the required compensation ratios in Table 15-7-03;
c. 
Any modification of the financial surety requirements in Section 15-7-04(B); or
d. 
Any appeal of a determination of a Natural Resource Feature pursuant to Section 15-7-02.
2. 
Plan Commission Review. Upon recommendation by Staff and the Parks Commission, the Plan Commission may grant a Special Exception to the provisions of this Article in accordance with the procedures in this Section.
a. 
Burden of Proof. The applicant shall have the burden of proof to present evidence sufficient to support the findings required under Subsection (B)(2) below.
b. 
A minimum of one (1) Class II Public Hearing shall be required. The Class II Public Hearing shall be conducted by the Plan Commission.
c. 
Criteria for Approval. A Special Exception may be granted only upon a finding by the Plan Commission:
i. 
That the condition(s) giving rise to the request for a Special Exception were not self-imposed by the applicant (this subsection (i) does not apply to an application to improve or enhance a Natural Resource Feature); and
ii. 
Compliance with the strict provisions of this Article will:
a) 
Be unreasonably burdensome to the applicant and that there are no reasonable practicable alternatives; or
b) 
Unreasonably and negatively impact upon the applicant's use of the property and that there are no reasonable practicable alternatives; and
c) 
The Special Exception, including the specific compensation measures in the Natural Resource Protection Plan and physical modifications to the site to protect other Natural Resources, including any conditions imposed under this Section will:
(i) 
Enhance the overall character of the resulting development in a manner consistent with the planned character of the area and site; and
(ii) 
Not effectively undermine the ability to apply or enforce the requirement with respect to other properties; and
(iii) 
Be in harmony with the general purpose and intent of the provisions of this Article; and
(iv) 
Incorporate sufficient monitoring, conditions, and financial sureties to ensure preservation and enhancement of Protected Areas and compensation areas; and
(v) 
Preserve or enhance the quality of the natural resources affected.
d. 
Review Criteria. In making its recommendation, the Plan Commission shall consider factors such as:
i. 
The impact on physical characteristics of the property, including, but not limited to, relative placement of improvements thereon with respect to property boundaries or otherwise applicable setbacks;
ii. 
Any exceptional, extraordinary, or unusual circumstance or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district;
iii. 
The proposed degree of noncompliance with the requirement of this Article to be allowed by the Special Exception;
iv. 
The project's proximity to and character of surrounding property;
v. 
Purpose of the zoning district of the area in which property is located and neighboring area; and
vi. 
Any potential for negative effects upon adjoining property from the Special Exception if authorized.
e. 
Conditions of Special Exception. Any Special Exception granted under the authority of this Section shall be conditioned upon the applicant first obtaining all other necessary approval(s) from all other applicable governmental agencies and shall also set forth conditions that the Plan Commission deems necessary, including, but not limited to, conditions that:
i. 
Prescribe the duration of the Special Exception (i.e., permanent, a specified length of time; or a time period during which the property is owned or occupied by a particular person);
ii. 
Require additional compensation and restoration beyond measured proposed in the Natural Resource Protection Plan, provided such measures are related to and roughly proportional with the degree of impact authorized;
iii. 
Require payment or reimbursement by the applicant to the City of any costs, expenses, professional fees (including the fees of a person recognized with knowledge and experience in natural systems) or legal fees reasonably incurred by the City in reviewing or processing the application for Special Exception. The Plan Commission may also require the posting of a bond or letter of credit to cover the costs of such expenses and fees.
A. 
Purpose. The Zoning Map may be amended from time to time by ordinance, in accordance with the state statute. The amendment process is intended to adjust this UDO in response to changed conditions or changes in City policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
B. 
Map Amendment Review Criteria. The following review criteria shall be considered in the review and action on Map Amendment applications.
1. 
The proposed map amendment is consistent with the City of Franklin Comprehensive Master Plan and other adopted policies of the City.
2. 
Major land uses, conditions or circumstances have changed since the UDO was adopted or amended.
3. 
Sites do not exist for the proposed use in existing districts permitting such use.
4. 
The requested map amendment is compatible with the existing uses, development patterns and zoning of nearby properties.
5. 
The present development of the area complies with existing ordinances.
6. 
The existing zoning imposes an unreasonable hardship and a reasonable economic benefit cannot be realized from uses permitted by the existing zoning.
7. 
The proposed map amendment does not conflict with existing or planned public improvements or will not adversely impact schools, parks or other public facilities.
8. 
The natural environment or traffic patterns in the vicinity will not be adversely affected in a manner inconsistent with the planned character of the area.
9. 
The proposed map amendment is not detrimental to the health, safety and welfare of the neighborhood or of the City as a whole.
C. 
Hearing and Notice Required.
1. 
The Plan Commission shall hold a public hearing upon each proposed change or amendment giving notice of the time and place of such hearing by publication in the City of a Class 2 notice under Chapter 985 of the Wisconsin Statutes.
2. 
Written notice of the public hearing shall also be delivered by regular mail to all owners of properties or portions of properties within five hundred (500) feet of the boundary of the property or properties involved in the application, mailed not less than ten (10) days prior to the hearing, with the ownership to be determined by the records on file in the Office of the City Assessor; notice to one (1) of joint or in-common owners being notice to all.
3. 
At least ten (10) days' prior written notice shall be given to the clerk of any municipality within one thousand (1,000) feet of any land to be affected by the proposed change or amendments. Due notice of all public hearings on petitions for changes to the floodplain districts or amendment to the regulations affecting the floodplain districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).
4. 
Amendments to the floodplain district boundaries or regulations shall not become effective until approved by the DNR and the FEMA. In the case of floodplain district boundary changes, an official letter of map amendment from the FEMA shall also be required and the provisions set forth in Floodplain Ordinance of the City of Franklin. Only statutorily required notice is to be given for text amendment applications; written and mailed notice to owners of properties is not required for the hearing upon an application for a text amendment.
D. 
Plan Commission Hearing and Recommendation. The Plan Commission shall hold a public hearing and at the close of the public hearing and after consideration of the recommendation of the Zoning Administrator and public comment received, either recommend to the Common Council:
1. 
Approve of the Map Amendment; or
2. 
Deny of the Map Amendment.
E. 
Common Council Action. The Common Council shall review the application for the map amendment and after consideration of the recommendation of the Plan Commission, recommendation of the Zoning Administrator, and public comment received either:
1. 
Approve the Map Amendment; or
2. 
Deny the Map Amendment.
Figure 15-9(3) Map Amendment Procedure
A. 
Purpose. The regulations imposed and the districts created by this UDO may be amended from time to time by ordinance, in accordance with the State statute. The amendment process is intended to adjust this UDO in response to changed conditions or changes in City policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.
B. 
Text Amendment Review Criteria. The following review criteria shall be considered in the review and action on text amendment applications.
1. 
The proposed text amendment is consistent with the City of Franklin Comprehensive Master Plan and other adopted policies of the City.
2. 
The proposed text amendment addresses a particular issue or concern for the City.
3. 
The proposed text amendment does not impose an unreasonable hardship on existing uses.
4. 
Major land uses, conditions, or circumstances have changed since the UDO was adopted or amended.
5. 
The requested amendment is compatible with the existing uses and development patterns of the City.
6. 
The proposed amendments is not detrimental to the health, safety and welfare of the neighborhood or of the City as a whole.
C. 
Hearing and Notice Required.
1. 
The Plan Commission shall hold a public hearing upon each proposed change or amendment giving notice of the time and place of such hearing by publication in the City of a Class 2 notice under Chapter 985 of the Wisconsin Statutes.
2. 
Amendments to the floodplain district boundaries or regulations shall not become effective until approved by the DNR and the FEMA. In the case of floodplain district boundary changes, an official letter of map amendment from the FEMA shall also be required and the provisions set forth in the Floodplain Ordinance of the City of Franklin shall be followed. Only statutorily required notice is to be given for text amendment applications; written and mailed notice to owners of properties is not required for the hearing upon an application for a text amendment.
D. 
Plan Commission Hearing and Recommendation. The Plan Commission shall hold a public hearing and at the close of the public hearing and after consideration of the recommendation of the Zoning Administrator and public comment received, either recommend to the Common Council:
1. 
Approve of the Text Amendment; or
2. 
Deny the Text Amendment.
E. 
Common Council Action. The Common Council shall review the application for the text amendment and after consideration of the recommendation of the Plan Commission, recommendation of the Zoning Administrator, and public comment received either:
1. 
Approve the Text Amendment; or
2. 
Deny the Text Amendment.
Figure 15-9(4) Text Amendments Procedure
A. 
Purpose. An appeal may be taken to the Board of Zoning and Building Appeals for any order, requirement, decision, interpretation or determination of the regulations of this Chapter made by the Zoning Administrator, by any individual aggrieved by the action taken under. The Board of Zoning and Building Appeals shall hear the Appeal, hold a public meeting, and render a decision.
B. 
Initiation. An Appeal may be taken within thirty (30) days of the action of the Zoning Administrator by filing a notice of Appeal specifying the grounds thereof, who shall forward such Appeal to the Board of Zoning and Building Appeals.
C. 
Board of Zoning and Building Appeals Hearing and Action. A public hearing shall be conducted by the Board of Zoning and Building Appeals for each Appeal. The Board of Zoning and Building Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this Chapter, made by the Zoning Administrator subject to the criteria in Section 15-9-06.
D. 
Notice Required. Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 Notice, pursuant to Ch. 985, Wis. Stats., said time, place and purpose of such hearing shall also be delivered by regular mail to the applicant and to all owners of properties or portions of properties within five hundred (500) feet of the boundary of the property or properties described in the application, mailed not less than ten (10) days prior to the hearing, with the ownership to be determined by the records on file in the Office of the City Assessor; notice to one (1) of joint or in-common owners being notice to all.
E. 
Appeal Review Criteria. An administrative decision shall be reversed or modified only if the Board of Zoning and Building Appeals makes one (1) of the following findings:
1. 
The decision constituted an erroneous application or interpretation of this UDO.
2. 
The decision constituted an abuse of the Administrative Official's discretion to interpret or apply this UDO.
3. 
The decision was rendered based upon an erroneous material fact.
F. 
Record of Action. The Board of Zoning and Building Appeals' decision shall be filed and recorded with the City Clerk.
[Amended 10-7-2025 by Ord. No. 2025-2701]
A. 
Minor Land Division.
1. 
Applicability. When it is proposed to divide land into at least two (2) but not more than four (4) parcels or building sites, or when it is proposed to create by land division not more than four (4) parcels or building sites within a recorded Subdivision Plat without changing the exterior boundaries of a block, lot, or outlot the subdivider shall subdivide by use of a Certified Survey Map. The Certified Survey Map shall include all parcels of land in any size.
2. 
Filing of a Certified Survey Map. The subdivider shall prepare the Certified Survey Map in accordance with this Section.
a. 
The subdivider shall file the Certified Survey Map, Natural Resource Protection Plan if required, Landscape Plan for any landscape bufferyard easement areas as required in Article 5, and the application with the Zoning Administrator, or their designee at least fifteen (15) days prior to the meeting of the Plan Commission at which action is desired. One (1) original copy of the Certified Survey Map shall be submitted.
b. 
The Zoning Administrator shall transmit copies of the map and application along with a cover letter to all approving authorities including extraterritorial plat review agencies if not waived in writing.
c. 
The Zoning Administrator shall transmit the Certified Survey Map, Natural Resource Protection Plan, Landscape Plan, and application.
d. 
The applicant shall be responsible for transmitting copies of the Certified Survey Map to all affected utilities for their respective review and comments.
e. 
The recommendations of all approving authorities shall be transmitted to the Plan Commission.
3. 
Plan Commission Review and Action or Recommendation.
a. 
The Certified Survey Map shall be reviewed by the Plan Commission for conformance with this Ordinance, the Municipal Code of the City of Franklin, and all other ordinances, rules, regulations, adopted regional, county, or City of Franklin Comprehensive Master Plans or adopted plan components.
b. 
For all Minor Land Divisions that do not involve the dedication of land or public improvements, the Plan Commission shall:
i. 
Approve;
ii. 
Conditionally approve; or
iii. 
Refer the application to the Common Council for action at the Plan Commission's discretion.
c. 
For all Minor Land Divisions that do involve the dedication of land or public improvements, the Plan Commission shall:
i. 
Transmit the map along with its recommendations to the Common Council.
4. 
Common Council Action. In cases where a Certified Survey Map has been transmitted by the Plan Commission to the Common Council, the Common Council shall approve, approve conditionally and thereby require resubmission of a corrected Certified Survey Map, or reject such Certified Survey Map within ninety (90) days from the date of filing of the map unless the time is extended by agreement with the subdivider.
a. 
If the map is approved, the Common Council shall cause the City Clerk to certify on the face of the original map and return the map to the subdivider.
b. 
If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider.
5. 
Natural Resource Protection Plan Required. For properties proposed to be divided by Certified Survey Map, and that contain Natural Resource Features as described in Section 15-7-02 of this UDO, a Natural Resource Protection Plan, as described in Section 15-7-03 of the UDO application manual, shall be submitted for review by the Zoning Administrator and Plan Commission.
6. 
Deed Restrictions, Conservation Easements, and Landscape Bufferyard Easements. For properties proposed to be divided by Certified Survey Map and which contain natural resources required to be preserved or any other easements under the provisions of this Ordinance, the Plan Commission shall require that deed restrictions and/or conservation easements, and any other easements be filed with the Certified Survey Map or submitted for review as a condition of any approval thereof, in the manner and for the purposes as set forth under Section 15-7-04 for Final Plats.
7. 
Contract Required. For Certified Survey Maps requiring the installation of public improvements, prior to installation of any required improvements and prior to approval of the Certified Survey Map, the subdivider shall enter into a written contract (Development Agreement) with the City of Franklin requiring the subdivider to furnish and construct said improvements at subdivider's sole cost and in accordance with plans and specifications and usual contract conditions, which shall include provision for inspection of construction by the City of Franklin or its agent.
8. 
Recordation.
a. 
All improvement requirements, specified by all approving agencies in matters over which they have jurisdiction, shall be met before recording the Certified Survey Map.
b. 
The subdivider shall record the map with the Milwaukee County Register of Deeds within twelve (12) months after the date of its last approval and within thirty-six (36) months after the date of its first approval.
9. 
The subdivider shall file the Certified Survey Map and its accompanying Natural Resource Protection Plan with the City Clerk for distribution to the Plan Commission, various City departments, and other affected agencies for their files as set forth under Section 15-7-03.
B. 
Land Combination.
1. 
Application Transmittal to Plan Commission. The Zoning Administrator shall receive the application for a Land Combination, and after scheduling a review of the Application for a Land Combination Permit by the Plan Commission, shall refer the application and related data to the Zoning Administrator and City Engineer and other appropriate City departments for their review, study, and recommendations to the Plan Commission.
2. 
Plan Commission Review and Recommendation.
a. 
Review. The Plan Commission shall consider the Application for Land Combination Permit relative to City staff recommendations, the lot area and other dimensional requirements of the zoning district(s) within which the parcels are located, the City of Franklin Comprehensive Master Plan and planned land use districts for the parcels, present use of the parcels and proposed use of the parcels, for the purpose to ensure that upon combination, such properties shall comply with the purposes and provisions of this Ordinance.
b. 
Recommendation. The Plan Commission shall make a recommendation to the Common Council to:
i. 
Approve;
ii. 
Conditionally approve; or
iii. 
Deny the application.
3. 
Recordation. If approved, the City Clerk shall record the resolution with the Milwaukee County Register of Deeds.
C. 
Subdivisions.
1. 
City Departments Review. The City Clerk shall within three (3) days transmit a copy of the Sketch Plan Review Applications and Sketch Plan to all affected City Departments, the Zoning Administrator, the City Engineer, or Milwaukee County and affected local utilities for their review and recommendations concerning matters within their jurisdiction.
a. 
The recommendations of the City Departments, Zoning Administrator, City Engineer and Milwaukee County and of affected local utilities shall be transmitted to the Plan Commission within twenty (20) days from the date the Sketch Plan Review Applications Sketch Plan are filed.
b. 
The Sketch Plan Review Applications and Sketch Plan shall then be reviewed by the Zoning Administrator, City Engineer, and all other affected City Departments for general conformance with this Ordinance and all other ordinances, rules, regulations, adopted regional or county development, City of Franklin Comprehensive Master Plan or adopted components thereof which affect it.
2. 
Preliminary Plat Review. Before submitting a Final Plat for approval, the subdivider shall prepare a Preliminary Plat and an application. The Preliminary Plat shall be prepared in accordance with Section 15-9-01 of the UDO application requirements manual, and the subdivider shall file the Preliminary Plat, Natural Resource Protection Plan if required "Landscape Plan" for any landscape bufferyard easement areas and the application with the Zoning Administrator together with all necessary fees at least twenty-five (25) days prior to the meeting of the Plan Commission at which first consideration is desired. Said copies shall be in addition to those copies which may be required or requested by Milwaukee County or other agencies. In addition:
a. 
Copies of Preliminary Plat, Natural Resource Protection Plan, Landscape Plan, and Application to be Transmitted by Zoning Administrator. The Zoning Administrator shall, within two (2) normal workdays after filing, transmit copies as required in the UDO application requirements manual.
3. 
Copies of Preliminary Plat to be Transmitted by Zoning Administrator to Affected City Commissions or Departments. The Zoning Administrator shall transmit a copy of the Preliminary Plat to all affected City Commissions or Departments for their review and recommendations concerning matters within their jurisdiction. The recommendations of City Commissions, Departments, Zoning Administrator, City Engineer, Milwaukee County, State agencies, and affected local utilities shall be transmitted to the Plan Commission within twenty (20) days from the date the plat is filed.
4. 
Plan Commission Review and Recommendation.
a. 
Plan Commission Review. The Preliminary Plat including Natural Resource Protection Plan and Landscape Plan as applicable shall then be reviewed by the Plan Commission for conformance with this Ordinance and all other ordinances, rules, regulations, adopted regional or County Development Plans, City of Franklin Comprehensive Master Plan or adopted components thereof which affect it.
b. 
Plan Commission Recommendation to Common Council. The Plan Commission shall within sixty (60) days of the date of the filing of a Preliminary Plat including a Natural Resource Protection Plan and Landscape Plan as applicable with the Zoning Administrator or other Common Council authorized agent, recommend to the Common Council approval, conditional approval, or denial of the Preliminary Plat and shall transmit the Preliminary Plat including Natural Resource Protection Plan and Landscape Plan as applicable and application, along with its recommendation, to the Common Council.
5. 
Preliminary Plat Approval.
a. 
Notification by Objecting Agencies. The objecting agencies shall, within twenty (20) days of the date of receiving their copies of the Preliminary Plat, notify the subdivider and all other approving and objecting agencies of any objections.
i. 
Certification of No Objections Required. If there are no objections, they shall certify on the face of the copy of the plat and shall return that copy to the Zoning Administrator.
ii. 
Failure of Objecting Agency to Act on Preliminary Plat. If an objecting agency fails to act within twenty (20) days, it shall be deemed to have no objections to the plat.
b. 
Common Council Action. The Common Council within ninety (90) days of the date of filing a Preliminary Plat with the Zoning Administrator shall approve, approve conditionally, or deny such plat, unless the time is extended by agreement with the subdivider.
i. 
Notification to subdivider of Common Council Action. One (1) copy of the plat may thereupon be returned to the subdivider with the date and action endorsed thereon; and if approved conditionally or denied, a letter setting forth the conditions of approval or the reasons for denial shall accompany the plat.
ii. 
Filing of Preliminary Plat in Common Council's Permanent File. One (1) copy each of the plat and letter shall be placed in the Common Council's permanent file.
c. 
Failure of Common Council to Act. Failure of the Common Council to act within ninety (90) days of the date of filing, or within the time extended by agreement with the subdivider, shall constitute an approval.
d. 
Approval or Conditional Approval of a Preliminary Plat. Approval or conditional approval of a Preliminary Plat shall not constitute automatic approval of the Final Plat unless the Final Plat is submitted within thirty-six (36) months after the last required approval of the Preliminary Plat or within an extended time frame specified by a conditional approval and the Final Plat conforms substantially to the Preliminary Plat as approved, including any conditions of that approval, and to City of Franklin plans and ordinances adopted as authorized by law.
D. 
Final Plat Review.
1. 
Designation of Approving Authorities. The Common Council, the town wherein the plat is located in the case of a plat located within the extraterritorial plat jurisdiction of the City of Franklin, and each adjoining city or village in whose extraterritorial plat approval jurisdiction the subdivision lies pursuant to § 236.10(1)(b) of the Wisconsin Statutes are designated approving authorities.
2. 
Designation of Objecting Agencies. The Wisconsin Department of Agriculture, Trade and Consumer Protection; the Wisconsin Department of Workforce Development (DWD); Wisconsin Department of Transportation; and county planning agency as defined by § 236.02(3) of the Wisconsin Statutes shall be hereinafter referred to as objecting agencies.
3. 
Final Plat and Application Submittal. The subdivider shall prepare a Final Plat and an application in accordance with the UDO application requirements manual and shall file the Final Plat and the application as set forth below:
a. 
Submittal of Final Plat to the Wisconsin Department of Administration. Before any approvals of the Final Plat are made, the subdivider or subdivider's agent shall submit the original Final Plat to the Wisconsin Department of Administration, including:
i. 
The Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street; and/or
ii. 
The Wisconsin Department of Natural Resources if shorelands are contained within the proposed subdivision.
b. 
Submittal of Final Plat to the Zoning Administrator. After approval by required State Departments, the subdivider shall file the Final Plat and an application with the Zoning Administrator, or designees along with the proper fees as established in the City of Franklin Fee Schedule, and the receipt of the proper filing fees of each of the other approving authorities and objecting agencies.
c. 
Zoning Administrator Transmittal of Final Plat. The Zoning Administrator shall transmit with a cover letter and copies of the Final Plat and application as specified in the UDO application requirements manual.
4. 
Plan Commission Examination. The Plan Commission shall examine the Final Plat as to its conformance with the approved Preliminary Plat; any conditions of approval of the Preliminary Plat, this Ordinance, and all ordinances, rules, regulations, adopted regional and county development, City of Franklin Comprehensive Master Plan or other local comprehensive plans and adopted plan components which may affect the Final Plat.
5. 
Partial Platting.
a. 
Plat Phasing. The Final Plat may, if permitted by the Common Council, be platted as a Final Plat in phases with each phase constituting only that portion of the approved Preliminary Plat which the subdivider proposes to record at that time. It is required that each such phase be platted as a Final Plat and be designated as a phase of the approved Preliminary Plat.
b. 
Time Extension for Approval of a Final Plat for Portion of Preliminary Plat. Final Plat for only a portion of the Preliminary Plat shall extend approval for the remaining portion of the Preliminary Plat for six (6) months from the date of such Final Plat approval.
6. 
Contract Required. Prior to installation of any required improvements and prior to approval of the Final Plat, the subdivider shall enter into a written contract (Development Agreement) with the City of Franklin requiring the subdivider to furnish and construct said improvements at subdivider's sole cost and in accordance with plans and specifications and usual contract conditions, which shall include provision for inspection of construction by the City of Franklin or its agent. The subdivider may construct the project in such phases as the Common Council approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of any surety bond or other security required by the Common Council shall be limited to the phase of the project that is currently being constructed. The Common Council may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements.
E. 
Final Plat Approval.
1. 
Objecting Agencies. The objecting agencies shall, within twenty (20) days of the date of receiving their copies of the Final Plat, notify the subdivider and all other approving authorities and objecting agencies of any objections.
a. 
If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the Plan Commission via the Zoning Administrator.
b. 
If an objecting agency fails to act within twenty (20) days, it shall be deemed to have no objections to the plat.
2. 
Submission. If the Final Plat is not submitted within six (6) months of the required approval of the Preliminary Plat, the approving authorities may refuse to approve the Final Plat. Extensions may be granted upon mutual agreement of all approving authorities.
3. 
Plan Commission Recommendation to the Common Council. The Plan Commission shall, within forty (40) days of the date of filing of the Final Plat with the Zoning Administrator or other Common Council authorized agent, recommend approval, conditional approval, or denial of the plat and shall transmit the Final Plat and application along with its recommendations to the Common Council.
4. 
Approval or Rejection of Final Plat. The Common Council shall within sixty (60) days of the date of filing the original Final Plat with the Zoning Administrator approve or reject such Final Plat unless the time is extended by agreement with the subdivider.
a. 
If the Final Plat is denied, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider and surveyor.
b. 
The Common Council may not inscribe its approval on the Final Plat unless the Department of Agriculture, Trade and Consumer Protection has certified on the face of the Final Plat that the copies were forwarded to the objecting agencies as required herein, the date thereof, and that no objections have been filed within twenty (20) days, or, if filed, have been met.
c. 
Failure of the Common Council to act within sixty (60) days, the time having not been extended and no unsatisfied objections having been filed, the Final Plat shall be deemed approved.
d. 
The Zoning Administrator shall provide the Common Council with his or her conclusions as to whether the Final Plat conforms substantially to the Preliminary Plat and with his or her recommendation shall be made a part of the record of the proceeding at which the Final Plat is being considered and are not required to be submitted in writing.
Figure 15-9(5) Subdivision Procedures
5. 
Recordation.
a. 
After the Final Plat has been approved by the Common Council and improvements as shall be required by the City to be installed or a contract and sureties ensuring their installation filed, the Zoning Administrator shall cause the certificate inscribed upon the Final Plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the Milwaukee County Register of Deeds.
b. 
The Register of Deeds cannot record the Final Plat unless it is offered within twelve (12) months from date of last approval or thirty (36) months from first approval.
6. 
Copies of the Recorded Final Plat. The subdivider shall file the recorded Final Plat with the Zoning Administrator and copies, as necessary, to other affected agencies for their files.
F. 
Plats Within the Extraterritorial Plat Approval Jurisdiction. When the land to be subdivided lies within one and one-half (1.5) miles of the corporate limits of a fourth-class city or village or within three (3) miles of the corporate limits of the City, the subdivider shall proceed as specified in Section 15-9-13(C) except:
1. 
Transmittal Responsibility. The Zoning Administrator to whom the Certified Survey Map, Subdivision Plat, or Condominium is first submitted shall be responsible for transmitting copies of the Certified Survey Map, Subdivision Plat, or Condominium to designated objecting agencies. The subdivider or condominium developer (as applicable) shall specify in the subdivider's application to whom the original application was submitted.
2. 
Improvement and Design Requirements. If the extraterritorial Certified Survey Map, Subdivision Plat, or Condominium contains lands located within a City of Franklin adopted sanitary sewer service area, the subdivider or condominium developer (as applicable) shall comply with all of the improvement requirements of Section 15-8-06 of this Ordinance and with all of the design requirements of Section 15-8-04(M) of this Ordinance.
3. 
Park Dedication and Public Site Fees. In extraterritorial plat approval jurisdiction areas of the City of Franklin, the subdivider or condominium developer shall not be required to dedicate park and open space land to the City of Franklin or be required to pay a public site fee or other development impact fees to the City of Franklin.
G. 
Replat. Except as provided in § 70.27(1) of the Wisconsin Statutes, when it is proposed to replat a recorded subdivision, or part thereof, to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44 of the Wisconsin Statutes. The subdivider, or person wishing to replat, shall then proceed as specified in Section 15-9-13(C) through (E) of this Ordinance.
A. 
Zoning Violations — Unlawful to Use or Improve Any Structure or Land, or to Use Water or Air in Violation of Any Provisions of This Ordinance. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any provisions of this Ordinance. In case of violation, the Common Council, the Zoning Administrator, the City Attorney, the Plan Commission may institute appropriate action or proceeding to enjoin a violation of this Ordinance or cause a structure to be vacated or removed.
B. 
Structure, Fill, or Development Placed or Maintained Within Any Floodplain Area in Violation of this Ordinance. Every structure, fill, or development placed or maintained within any floodplain area in violation of this Ordinance is hereby declared a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action of suit of the state, the county, or the City.
C. 
Actions and Proceedings to Enjoin Violations. The City of Franklin may institute appropriate action or proceedings to enjoin violations of this Ordinance or the applicable Wisconsin Statutes or Wisconsin Administrative Code.
D. 
Land Division Violations.
1. 
Unlawful to Violate Ordinance Provisions. It shall be unlawful to build upon, divide, convey, record or place monuments on any land in violation of this Ordinance or the Wisconsin Statutes; and no person, firm, or corporation shall be issued a Building Permit by the City of Franklin authorizing the building on, or improvement of, any Subdivision, Certified Survey Map, Condominium, or replat within the jurisdiction of this Ordinance not of record as of the effective date of this Ordinance until the provisions and requirements of this Ordinance have been fully met.
2. 
Actions and Proceedings to Enjoin Violations. The City of Franklin may institute appropriate action or proceedings to enjoin violations of this Ordinance or the applicable Wisconsin Statutes or Wisconsin Administrative Code.
E. 
Penalties and Remedies.
1. 
Double Fee. A double fee shall be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance.
2. 
Remedial Action. Whenever an order of the Zoning Administrator has not been complied with within thirty (30) days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Common Council, the Zoning Administrator, the Director of Inspection Services, or the City Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.
3. 
Forfeiture and Imprisonment. Any person, firm, or corporation who violates or fails to comply with the provisions of this Ordinance shall, upon conviction thereof, in addition to all other remedies set forth under this Ordinance, be subject to the penalty provisions set forth under § 1-19 of the Municipal Code, as amended.
4. 
Separate Offense. Each day a violation exists or continues shall constitute a separate offense.
5. 
Injunctive Relief. In addition to the above-described fines, the Common Council or its agent shall have the power to institute appropriate action for injunctive relief to prevent persons, firms, or corporations from acting in violation of the provision of this Ordinance.
6. 
Violations and Concomitant Penalties Relating to Land Division. Violations and concomitant penalties shall include:
a. 
Improper Recordation. Recordation improperly made carries penalties as provided in § 236.30 of the Wisconsin Statutes.
b. 
Conveyance of Lots in Unrecorded Plats. Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31 of the Wisconsin Statutes.
c. 
Monuments Disturbed or Not Placed. Monuments disturbed or not placed carries penalties as provided for in § 236.32 of the Wisconsin Statutes.