What are Land Development regulations?

Land development regulations govern how land can be divided, assembled, built upon, and used – in other words, what can be built where, in what form, and used for what purposes. Land development regulations include subdivision, zoning, and sign ordinances.

Subdivision Regulations

Subdivision regulations manage how parcels of land can be divided or assembled. These regulations also govern how public improvements and infrastructure are designed and constructed in new neighborhoods. Subdivision regulations establish standards for the minimum length of blocks; how roads are connected; where sidewalks are required; where street trees need to be planted; how stormwater is managed; and the amount of land required to be dedicated or activated for parks, schools, and other community facilities.

Zoning Regulations

Zoning regulations are how local governments regulate land use. Local governments have the authority to establish and adopt zoning ordinances from Wisconsin’s zoning enabling laws, which authorize cities like Franklin to manage how land is developed and used, in order to protect public health, safety, and welfare.

There are several approaches to creating a UDO, including but not limited to those detailed below.

• Euclidean Zoning. Euclidean zoning is the traditional approach to zoning. Euclidian regulations are named for the famous Supreme Court case that determined zoning is constitutional in the U.S. A “Euclidian” ordinance divides a community into zoning districts based on the types of desirable uses in different areas, and establishes rules for how land in each district can be developed and used. Euclidean zoning districts keep high-intensity uses that may impact surrounding properties, like manufacturing, away from less intense uses, like homes and schools. Each district establishes different rules that limit development activity, including which use types are allowed and how they are permitted, as well as building size, where on a lot a building can be located, how much open space must be left over, and how much parking has to be provided.
• Form-Based Zoning. Form-based zoning primarily regulates what development looks like and secondarily, how development is utilized. This is accomplished by establishing standards for different building types and how building façades relate to the public realm. Form-based zoning also divides a community into zoning districts; however, unlike Euclidean zoning, form-based zoning regulations are based on the urban forms and development patterns that a community finds are desirable in different areas. In many communities, the foundation of form-based zoning districts is the “rural to urban transect,” which defines a series of areas that transition from rural areas utilized for agriculture to dense downtowns and urban cores.
• Incentive-Based Zoning. Incentive-based zoning is a type of Euclidean zoning that offers flexibility in standards and requirements in exchange for landowners providing improvements that help a community reach its goals, such as providing affordable housing, or preserving open space and environmental features. Increased density, height, or lot coverage are some of the most common types of incentives offered, along with relief from requirements for parking and other development standards.
• Overlay Zoning. Overlay zoning is used in concert with Euclidean and form-based zoning to establish unique standards for specific areas that are otherwise governed by multiple zoning districts. Overlay zones often are used for downtowns, commercial corridors, areas surrounding transit stops, and historic neighborhoods. In some circumstances, overlay zoning adds additional standards on top of the standards of the base zoning district. In other cases, the overlay zoning district standards supersede or replace the standards of the base zoning district. Overlay district standards often control building architecture and design, allowable density, development patterns, and other aspects of building that make the underlying district unique.
• Development Standards. Development standards, often called “general regulations” or “standards of general applicability,” are an integral component of Euclidean zoning. Development standards typically apply to all uses throughout all zoning districts, and include basic requirements like off-street parking and loading, landscaping, fences, and buffer yards.
• Use-Specific Provisions. Use-specific standards are another integral component of Euclidean zoning. These include detailed regulations applicable to specific activities, such as accessory dwelling units, home occupations, food trucks, drive-through uses, or outdoor storage.  These provisions typically apply in any district in which a use is located.
• Planned Unit Development. Planned unit development (or  “PUD”) is a type of development review and approval procedure. PUD regulations allow greater flexibility in siting and design, but typically require much more detailed review of a development’s form and impacts. Through the PUD process, a developer can request deviations from standards, such as lot area, building height, mix of uses, and other requirements, in exchange for providing tangible benefits, such as preserving open space, creating active public gathering spaces, enhancing landscaped areas, or meeting a higher quality standard in architecture and design.

Sign Ordinances

Sign ordinances manage the type, size, and location of permanent and temporary signs. Sign ordinances often are part of the zoning ordinance, but may also be part of a building ordinance or business ordinance, or a standalone title. In 2016, the Reed v. Town of Gilbert U.S. Supreme Court case affected the validity of most sign ordinances, throughout the U.S.—Franklin’s included. This decision found that sign copy (words) is protected speech under the First Amendment, and also held that signs cannot be regulated differently based on their communicative content. Today, if a sign regulation is enforced based only on what the sign says—such as a real estate sign or political campaign sign—rather than on its form or location, that the sign regulation is considered in violation of First Amendment rights. Thus regulations that communities traditionally have enforced for signs based on content are no longer valid and must be updated.

Unified Development Ordinances

Unified development ordinances (often referred to as UDOs) bring together all of these land development regulations in one section of a municipal code. Creating UDOs helps streamline regulations and review and approval processes, making regulations easier to understand, administer, and enforce.

Why do we need to update our current land development regulations?

Franklin’s UDO has not been comprehensively updated since 2004. Many changes have occurred in the since then, making it necessary for ordinances to change as well. The regulations contain standards that are outdated, difficult to administer, and not user-friendly. The UDO also lacks many modern standards for sustainability, such as electric vehicle charging, and has outdated requirements for stormwater management.

What will the new UDO do?

The new UDO will provide a “user-friendly,” easy-to-read document all users can understand and interpret, including residents, staff, developers, and elected and appointed officials. It will integrate graphics, illustrations, and tables to clarify regulations and standards, allowing regulations to be applied and enforced fairly and consistently. When finished, the UDO will help streamline the development review process, making both beneficial redevelopment and innovative approaches to land use easier and more straightforward.

What won’t the UDO do?

It is impossible for the UDO to accommodate every situation. It will not prevent all non-conformities, nor eliminate the need for relief from specific regulations in some cases. The general rule is that the ordinances will seek to regulate the norm, not the exception.

When will the update process start and when will it be completed?

The UDO Update is anticipated to be complete by the end of 2024 or beginning of 2025.