Plan Commission recommends text amendments to Franklins Unified Development Ordinance to clarify setbacks, permits and shoreland setback

The City of Franklin Plan Commission on Sept. 18 recommended that the Common Council approve a citywide text amendment to the Unified Development Ordinance (UDO) to correct drafting errors and clarify application and permit procedures.

Planning staff said the changes respond to issues discovered during the first month of implementation of the revised UDO approved in May. The amendment, which covers articles 2 through 9 of the UDO, would clarify setback rules for decks and patios, add a 75-foot setback from ordinary high water marks, set expiration dates for variances, create a clear process for home-based business permits and correct omissions in temporary-use and sign tables.

Mister Martinez, Department of City Development staff, told the commission the changes are primarily technical and intended to mirror existing practice while removing ambiguities. He said, "With the new UDO, we added a revision a provision that says that decks may project 10 feet into the setbacks," but that the amendment restores the prior approach so permitted decks will not be forced into nonconformity. Martinez also described adding a subsection to clarify the staff-level procedure for home-based business permits and said the amendments list all changes in the staff report.

Why it matters: the UDO governs where and how buildings, accessory structures and certain uses may be located in Franklin; the clarifications affect property owners, home-based entrepreneurs and projects near lakes and streams. The addition of a 75-foot shoreland setback echoes a state statutory requirement cited in the public hearing materials.

Key details in the proposed text amendment include:

- Decks and setbacks: Restores a 10-foot setback standard so that decks that were previously lawful are not rendered nonconforming when the new UDOs wording created a conflicting projection rule. Martinez explained the change is intended to "avoid making all decks that actually receive permits to become nonconforming."

- Shoreland setback: Adds a 75-foot setback from any ordinary high-water mark (lakes, rivers, ponds) consistent with state statute language cited in the staff notice. The public hearing notice cites Wisconsin statutory authority for text amendments.

- Temporary-use permits and construction: Clarifies that construction activities with an owner-obtained permit do not require a separate temporary-use permit, correcting an inconsistency between the UDO text and the temporary-use table.

- Food trucks and seasonal sales: Adds limited industrial and institutional districts to allow food trucks to be approved administratively by staff in some cases; adds seasonal sales to the permitted-uses table to align the table and the text.

- Home-based businesses: Moves existing development standards from the prior UDO into an explicit subsection that documents the staff review process and distinguishes the home-based business permit from an occupancy permit.

- Variance expiration and accessory structures: Sets variance expiration at two years to match site plan and conditional-use timelines; adds standards for accessory structures over 1,200 square feet and slab requirements for accessory structures.

Commission members asked clarifying questions about the home-based business process. Alderwoman Day asked whether the permit and process are new or simply were omitted from the revised UDO; Martinez replied the substantive standards are carried forward from the former UDO and that what is new is the written process. Alderwoman Day asked whether existing home-based businesses could be exposed to enforcement if they had not obtained a permit; Martinez said the permit requirement originates in the former code and the amendment is intended to document the current practice and process, not to impose a new, retroactive requirement.

The Plan Commission voted to recommend approval. The motion to recommend approval was made during the Sept. 18 meeting and carried by voice vote; the amendment will proceed to the Common Council for final action.

The staff report lists all changes in detail, and the public hearing notice cites Wisconsin statutory authority for the text-amendment process. Staff said they are available to answer further questions before the Common Council considers the ordinance.