The provisions of this ordinance shall be minimum requirements,
adopted for the public health, safety, moral comfort, prosperity,
and the general welfare. Where this ordinance imposes greater restrictions
upon the use or height of buildings or the use of land, or requires
larger lot yards, or other open space, than are imposed or required
by other provisions of law or ordinance, the provisions of this ordinance
shall prevail.
Except as hereinafter provided, no building, structure, land
shall hereafter be used, and no building or part thereof or other
structure shall be erected, constructed, reconstructed, moved, enlarged,
or structurally altered except in conformity with the regulations
herein prescribed for the district in which such building, structure,
or land is located.
Each dwelling structure, other than a farm dwelling, shall be
on a separate lot, which lot fronts upon a public street, and no dwelling
except the residence of employees or caretakers and guest houses not
for lease shall be located behind another building on the same lot.
For the purpose of this regulation a two-family or multi-family dwelling
may be regarded as one structure.
[Amended 11-26-2007]
(1)
No lot shall be reduced in size to less than required herein, or
so as to make any yard or court less than the minimum required herein.
No required open space, parking space, or loading space provided about
any structure shall be considered as open space, parking space or
loading space for any other structure.
(2)
Any lot of official record at the time of enactment of this ordinance
located in the B-1, B-2 and or R zoning districts which contains two
detached single family dwellings or a single family dwelling and or
a business that front on a public street may be subdivided into no
more than 2 lots where the following conditions exist:
(a)
Equal rear and or side yard distances are provided between units.
(b)
The exterior walls of each structure shall meet the fire resistance
rating for fire separation distance as required in the Virginia Uniform
Statewide Building Code based on the use classification of the structure
and the distance between the structures and the proposed property
line.
(c)
The uses on each proposed lot are conforming or legally nonconforming.
(d)
There is no reduction in the existing off-street parking spaces.
(1)
Any land or structure, or the use thereof, lawfully existing at the
time of enactment or subsequent amendment of this ordinance, but not
in conformity with its provisions, may be continued except as provided
in § 2.5(b). Nothing in this ordinance shall prevent the
repair or maintenance of existing structures, nor the strengthening
or restoring to a safe condition or any structure declared unsafe
by the building inspector.
No building, structure or premises shall be used, erected or
altered which is intended or designed to be used as a public garage,
service station, or convenience store, having an entrance or exit
for vehicles in the same block front, on the same side of the street
and within 200 feet of any school, public playground, church, hospital,
public library, day care center, group home or nursing home, and no
such entrance or exit shall be located within the same block front
and within 20 feet of any R district, nor shall any part of such structure
be located within 100 feet of any building or grounds of any of the
aforesaid public or institutional uses.
(1)
Townhouses are permitted as indicated in the underlying zoning district
regulations. The following standards for townhouse development are
intended to supplement, and in some cases, supercede those outlined
in the district regulations:
(a)
Density requirements:
(b)
Townhouse developments:
i.
Each parcel utilized for townhouse development shall have a minimum
frontage of at least one hundred (100) feet upon a public street and
shall have a minimum depth of not less than one hundred (100) feet.
ii.
A minimum of seven hundred and fifty (750) square feet per unit
shall be maintained as open space. This required open space shall
not be devoted to service driveways, off-street parking, or loading
spaces.
iii.
Each such recreational space shall be at least fifty (50) feet
in the least dimension.
(d)
Yard requirements:
i.
Front yards. The front yard of a townhouse lot which fronts on a
public or private street shall be twenty (20) feet.
ii.
Side yards. Side yards shall be required only for end unit lots
of a townhouse structure and shall be twenty (20) feet in width, except
that a side yard adjacent to a public or private street, or adjacent
to the property line of the townhouse development shall meet the required
minimum front yard setback.
iii.
Any end unit whose side wall faces a public or private street
or adjacent to the property line of the townhouse development shall
have a minimum side yard of twenty (20) feet.
iv.
Rear yards. A rear yard of twenty (20) feet shall be provided
for each townhouse lot.
(e)
Management of Common areas: All lands in common open space, not a
part of individual lots, and all private streets, driveways, recreational
and other facilities and buildings or portions thereof as may be provided
for the common use, benefit, and/or enjoyment of the occupants of
the development shall be maintained by and be the sole responsibility
of the developer-owner of the development until such time as the developer-owner
provides for and establishes a homeowner's association or other
legal entity under the laws of Virginia.
Such entity shall be composed of all persons having ownership
within the development and membership in the management structure
shall be mandatory for all property owners, present or future, within
the development.
(f)
Architectural requirements:
i.
The facades of dwelling units in a townhouse development shall be
varied in materials and design so that no more than three abutting
units will have the same essentially the same architectural treatment
of facades and roof lines.
ii.
Both sides of the rear yard of each dwelling unit shall be screened
with a privacy type fence or wall of six feet minimum height and extending
not less than ten feet from the rear building wall.
iii.
Each lot shall have frontage on a dedicated public street or
on a thirty-foot minimum width public access easement which shall
be improved with a twenty-two-foot minimum width road unobstructed
by parking with concrete curb and gutter on both sides and either
a four-foot concrete sidewalk on at least one side or a ten-foot minimum
width concrete sidewalk when adequate parking has been provided in
convenient off-street bays.
iv.
Lots fronting on a public access easement and not a dedicated
public street shall only be required to have a minimum front yard
depth of 20 feet.
v.
For the purpose of the side yard regulations a townhouse accessory
building may be constructed without any side yard and may be immediately
adjacent or attached to the privacy fence or wall in the rear yard
of the townhouse except that any accessory building constructed in
the rear yard of an end unit must meet the same side yard requirements
as the townhouse itself.
On corner lots in any district except the B-2 central business
district, no fence, shrubbery, trees, other plantings or structures
shall be permitted higher than three feet above the curb or street,
whichever is higher, within a triangle formed by two twenty-foot legs
measured from the point of intersection of the street right-of-way
lines.
[Amended by Ord. of 11-24-1997(1)]
(1)
(a)
A fence or wall not more than eight feet in height may be located
in any required side or rear yard in any district other than a required
side or rear yard adjacent to a street.
(b)
No fence or wall which creates a solid screen may exceed three feet
in height in any required front yard or side or rear yard adjacent
to a street.
(c)
Fences having a uniform open area of 50% or more may be erected to
a maximum height of four feet in any required front, side or rear
yard.
(d)
Heights of fences or walls shall be measured from the average ground
level adjacent to the fence or wall.
(2)
Open wire fences not exceeding eight feet in height may be erected
in any required yard when wholly or partially enclosing any public
school, park, recreational or playground site or a public utility.
Height shall be measured from the average level of the ground adjacent
to the fence or wall.
(3)
Fences of greater height and open wire fences at other locations
may be allowed upon a finding by the zoning enforcement officer that
they are reasonably required to protect safety or property.
[Amended by Ord. of 6-12-2000(1)]
(1)
Intent. It is the intent of the city council to adopt regulations
restricting the location and public visibility of sexually oriented
businesses in order to protect and preserve the quality of life, of
its citizens, its neighborhoods and its commercial districts based
upon the following findings:
(a)
Areas where children could be expected to walk, patronize or play,
such as parks and playgrounds, should be free of such uses as being
detrimental to their growth, character and safety.
(b)
Such uses should not be located in close proximity to residential
areas, because of the possibility of such uses leading to increased
levels of criminal activity in such places, imperilment of the safety
of the residents and reduction in property values.
(c)
Such uses should not be located in close proximity to churches and
other religious institutions, because they may have an adverse effect
upon the attendance and ministry of same.
(d)
Such uses should not be located in close proximity to schools or
day care centers, because they may distract children from their educational
endeavors, and the presence of patrons of such establishments may
imperil the safety and welfare of children attending school or being
cared for in a day care center.
(e)
The location of more than one sexually oriented business in any particular
area of the city would have a deleterious effect upon the neighborhood,
other businesses in the area and the property values of the properties
located in that area.
(2)
Location and public visibility of sexually oriented businesses.
(a)
No sexually oriented business may be located within 2,000 feet of
another sexually oriented business in any zoning district;
(b)
No sexually oriented business may be located within 2,000 feet of
a district zoned residential, a church or other religious institution,
a school, a licensed day care center or a public park or playground.
(c)
No sexually oriented business may post, place, display or otherwise
exhibit any photographic, pictorial or otherwise graphic or written
advertisement depicting specified anatomical areas or specified sexual
activities anywhere on the premises visible from the exterior of the
same.
(d)
Any activities occurring on the premises of a sexually oriented business
shall be completely screened from the public view of persons walking
or driving past the exterior of the premises.
(3)
Measurement of distances. All distances specified in this section
shall be measured from the nearest property line of one use to the
nearest property line of another use or to the nearest residential
zone boundary as the case may be.
(4)
Districts in which permitted. Sexually oriented businesses shall
only be located in B-3 general business districts as set forth in
article XII herein.
(5)
Severability. This section and every provision hereof shall be deemed
severable, and the invalidity of any subsection, clause, paragraph,
sentence or provision of the section shall not affect the validity
of any other portion of this section.
[Amended by Ord. No. 2005-18, 7-11-2005]
(1)
The purpose of this section is to provide general regulations for
uses which have a seasonal or temporary duration.
(2)
A temporary use zoning certificate will be issued by the zoning administrator,
provided that the applicant meets all applicable requirements of this
section and any other requirements determined by the zoning administrator
to insure that the temporary use will not have a detrimental impact
on the city.
(3)
A temporary use zoning certificate shall be denied if the zoning
administrator determines that the public health, safety or welfare
would be, or may reasonably be expected to be, impaired by the issuance
thereof to such applicant. In addition, such a certificate may be
denied if the zoning administrator determines that the applicant has
failed at some previous time to comply with the standards, conditions
or terms of any previously issued zoning certificate.
(4)
The temporary use zoning certificate for a temporary use may be conditioned
upon such special requirements as the zoning administrator may determine
are necessary to achieve the purposes of this ordinance and to protect
the public health, safety, and welfare.
(5)
A temporary use zoning certificate may be revoked if any of the provisions
of this section or any of the conditions imposed on such certificate
are violated.
(6)
Subject to the specific regulations and time limits that follow and
other applicable regulations of the district in which the use is permitted,
the following temporary uses are permitted with a temporary use zoning
certificate:
(a)
Sale of Christmas trees and greenery, pumpkins and other seasonal items is permitted when operated or sponsored by charitable or civic organizations or governmental agencies in business zoning districts; provided, however that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy the parcel size, parking provisions and traffic access and the absence of undue adverse impact on other properties. Such use shall be limited to a period not to exceed 45 days. Display of Christmas trees and greenery, pumpkins and other seasonal items need not comply with the yard requirements of this ordinance, except that no merchandise shall be displayed so as to obstruct the sight distance triangle as described in § 2.8 of this ordinance.
(b)
Festivals, bazaars, outdoor sale events, carnivals and circuses are permitted items when operated or sponsored by charitable or civic organizations or governmental agencies in business zoning districts; provided, however, that any such use shall require the zoning administrator's determination with regard to the adequacy of the parcel size, parking provisions, traffic access and the absence of undue adverse impact on adjacent properties. Such use shall be limited to a period not to exceed ten days. Such use need not comply with the yard requirements of this ordinance except that no structures or equipment shall be located within the sight distance triangle as described in § 2.8 of this ordinance. In addition, such use need not comply with the maximum height requirements of this ordinance. The concessionaire responsible for the operation of any such festival, bazaar, outdoor sale event, carnival or circus shall submit to the zoning administrator, at least ten calendar days in advance of the event date, a site layout displaying adequate ingress and egress plan for emergency vehicles with no dead-end aisles.
(c)
Tents used for commercial purposes large enough to accommodate persons in standing positions in business and industrial districts. No such tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain or, in the absence of any such period, ten days. Unless waived in writing by the zoning administrator, every such tent shall comply with the front, side and rear yard requirements of the district in which it is located and shall not be located within the sight distance triangle as described in § 2.8 of this ordinance.
(d)
Shipping containers, sea containers, freight containers, portable storage units and like containers in the active transport or storage of goods for sale or return, commercial or industrial equipment, fixtures or materials are permitted in business and industrial zoning districts for a period not exceeding 60 days. All such containers and units for which a zoning certificate has been issued pursuant to § 26.2 of this ordinance prior to the effective date of this ordinance shall not be required to comply with this ordinance.
(7)
Trailers serving as contractors' offices, on-site storage yards for construction materials and containers for construction debris in conjunction with construction of improvements to real property during the construction period, are permitted in all zoning districts, but limited to 180 days in residential districts unless an extension is obtained from the zoning administrator for good cause shown; provided, however that containers for construction debris may only be placed on city streets and rights of way with the permission of the zoning administrator. A temporary use zoning certificate is not required for such trailers. Whenever feasible, such facilities shall not be located in any required front, side or rear yard on the site. When, due to site constraints, location outside of the required front, side or rear yards is in feasible, the location of such facilities shall be approved by the zoning administrator to minimize potential impact on adjacent properties. No equipment or material may be located within the sight distance triangle as described in § 2.8 of this ordinance. Temporary construction facilities shall be removed when a certificate of occupancy is issued or a final inspection is made upon completion of construction, whichever is first.
(8)
No more than one portable storage unit, no higher than 8 1/2 feet tall, no more than 16 feet long and no more than eight feet wide, containing household goods or other personal items is permitted on residential property in any zoning district for a period not to exceed 30 days. A temporary use zoning certificate is not required for a portable storage unit, except after 30 days, the portable unit shall be removed unless granted an extension by the Zoning Administrator, subject to his or her discretion. Whenever feasible, such facilities shall not be located in any required front, side or rear yard of the property within the site distance triangle as described in § 2.8 of this ordinance.
(9)
Tents used for residential purposes or for memorial services located in cemeteries or similar places large enough to accommodate persons in standing positions are permitted in all zoning districts without a temporary use certificate. Unless waived in writing by the zoning administrator, every such tent shall comply with the front, side and rear yard requirements of the district in which it is located and shall not be located within the sight distance triangle as described in § 2.8 of this ordinance.
(10)
Failure to obtain a temporary use zoning certificate as required
hereinabove or any other violation of this section shall constitute
a Class 3 misdemeanor.
(1)
Districts permitted. Multifamily dwellings are permitted as indicated
in the zoning district regulations. The following standards for such
uses are intended to supplement, and in some cases, supersede those
outlined in the zoning district regulations.
(3)
Buffers and special setback requirements.
(a)
An additional setback of one (1) foot for each one (1) foot of height
in excess of thirty-five (35) feet shall be required from all public
streets and any property line adjacent to single-family residential
districts or property used for single family dwellings. No parking
or refuse containers should be located within the required setback
area between single family and multifamily.
(b)
The minimum distance between multifamily structures shall be no less
than the height of the taller of the two (2) adjacent structures.
(4)
Maximum density: Fourteen (14) dwelling units per acre.
(5)
Open space:
(a)
A minimum of seven hundred and fifty (750) square feet per unit shall
be maintained as open space. This required open space shall not be
devoted to service driveways, off-street parking, or loading spaces.
(b)
Each such recreational space shall be at least fifty (50) feet in
the least dimension.
(6)
[Multifamily apartments:]. Multifamily uses shall be provided with
public water and public sewerage systems constructed in accordance
with city standards and specifications for such systems and be approved
by all appropriate agencies.
(7)
[Private streets:] Private streets shall meet the design, material
and construction standards established by the Zoning Administrator
in coordination with the City of Franklin Public Works. A maintenance
plan shall be prepared and submitted as part of the site development
plan approval process.
(8)
Landscaping: For the purpose of landscaping, multifamily dwellings
shall be treated as a regulated in Article XXV.
(9)
Management of common and open spaces in multifamily developments:
(a)
All common and open spaces shall be preserved for their intended
purpose as expressed on the approved site plan.
(b)
A management structure consisting of a nonprofit association, corporation,
trust, or foundation shall be established to insure the maintenance
of open space and other facilities.
(c)
The management structure shall be established prior to final site
plan or construction plan approval.
(d)
The management structure shall manage all common and open spaces,
recreational and cultural facilities, and private streets, and shall
provide for the maintenance, administration and operation of said
land and improvements, and secure adequate liability insurance on
the land.
(e)
The management structure and organization shall comply with the Condominium
Act, Code of Virginia (1950), as amended, if developed as a condominium.
(10)
Architectural treatment: The following architectural treatments shall
be incorporated into all multifamily developments:
(a)
Developments shall possess architectural variety but enhance
an overall cohesive residential character. This character shall be
achieved through the creative use of design elements such as balconies
and or/terraces, articulation of doors and windows, varied sculptural
or textural relief of facades, and architectural ornaments, varied
rooflines or other appurtenances such as lighting fixtures and/or
plantings, and where applicable varied placement of front entryways.
(b)
Pedestrian pathways shall be used to link all buildings, greenspaces,
and recreational areas within the development. Buildings shall be
linked to sidewalks and to each other as appropriate. These walkways
shall be landscaped and lighted.
(c)
Open space areas shall be considered an organizing element of
the site plan. Courtyards or greens shall be utilized within the development.
In such instances, residential buildings shall front on these open
spaces.
(1)
All storage for mini-storage warehouses shall be within a completely
enclosed building.
(2)
Except for purposes of loading and unloading, there shall be no parking
or storage of vehicles including but not limited to trucks, trailers,
moving vans, boats, and recreational vehicles.
(3)
The minimum distance between warehouse buildings shall be twenty-five feet (25'). Where vehicular circulation lanes and parking and loading spaces are to be provided between structures, the minimum separation distance shall be increased accordingly in order to ensure vehicular and pedestrian safety and adequate emergency access in accordance with the site plan ordinance contained in Article XXIV Chapter 24.
(4)
The following activities shall be prohibited:
(a)
Storage of hazardous and flammable materials. Any liquid-fuel powered
object or device stored in any storage unit shall have all liquid
fuel drained and fuel tanks shall be left unsealed during storage.
(b)
Auctions by tenants, commercial wholesale or retail sales, or miscellaneous
or garage sales.
(c)
The servicing, repair, or fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances, or other similar equipment.
(d)
The operation of power tools, spray-painting equipment, table saws,
lathes, compressors, welding equipment, kilns, or other similar equipment
by tenants.
(e)
An individual tenant shall not establish a transfer or storage business
from within a rented mini-storage unit.
(f)
The maximum length of any single storage building shall not exceed
two hundred (200') feet.
(g)
Mini-storage warehouses shall have all sides visible to a public
right-of-way faced in brick, architectural block, residential siding,
or some other material approved by the Planning Commission as being
compatible with surrounding properties. Doors providing access to
individual units shall face inward and any direct views of such doors
shall be obscured by landscaping supplemented if necessary by earth-forms.
(h)
A site plan shall be submitted for review and approval. If the project is to be phased, phasing shall be delineated on the plan. A manager's office shall be included within the first phase of the project. All required off street parking outlined in § 18.2(4)(b) of the Zoning Ordinance, landscaping outlined in Article XXV of the Zoning Ordinance, and construction design shall be included within the Master Plan.
(i)
Lighting shall be direct cut off and shall not project into any adjacent
properties.
(j)
All storage units shall be buffered along all public streets with
a combination of trees and shrubs, fences or walls architecturally
compatible with surrounding properties and the development.
(k)
Except for in the case of emergencies access to storage units shall
be restricted to 6:00 a.m. to 11:00 p.m.
(1)
No more than one person not residing in the dwelling shall be engaged
in such occupation in the dwelling.
(2)
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 25 percent of the floor area of the
dwelling unit shall be used in the conduct of the home occupation.
(3)
The outside of the dwelling shall not show any visible evidence of
the conduct of such occupation other than one sign, not exceeding
one square foot in area, nonilluminated and mounted flat against the
wall of the dwelling.
(4)
No home occupation shall be conducted in any accessory building,
except as may be authorized as a conditional use by the city council
following a recommendation by the planning commission, taking into
consideration the standards set forth herein.
(5)
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in the neighborhood, and any
need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard.
(6)
A home occupation, or any equipment or process used in such occupation,
shall not create any noise, hazard, vibration, glare, fumes, odors,
or electrical interference detectable to the normal senses off the
lot, if the home occupation is conducted in a detached single-family
dwelling, or outside the dwelling unit if conducted in any other form
of dwelling. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible interference
in any radio or television receiver off the premises or causes fluctuation
in line voltage off the premises.
(7)
(a)
Dressmakers, seamstresses, tailors.
(b)
Tutors, music teachers or dancing teachers limited to no more than
two students at a time.
(c)
Artists, craft persons, sculptors, authors, editors and photographers.
(d)
Office of ministers, rabbis, priests and other religious leaders
and teachers.
(e)
Caterers.
(f)
Office of architects, engineers and surveyors.
(g)
Office of accountants, lawyers, physicians, dentists and other persons
licensed by the Virginia Board of Health Professionals as independent
practitioners.
(h)
Office of computer programmers, consultants, bookkeepers, answering
services, clerical or secretarial businesses, appraisers, sales representatives
and manufacturer representatives.
(i)
Person in the business of repairing musical instruments, watches,
clocks, small household appliances and other such items.
(j)
The office of a contractor or other service business provided that:
i.
No more than one commercial vehicle with a gross vehicle weight of
no more than 5,000 pounds shall be parked on the property or street
adjacent to the property;
ii.
No contracting equipment or materials shall be stored on the
premises, except in a commercial vehicle used for transporting such
equipment or materials between jobs;
iii.
No unloading or loading shall be done on or in the vicinity
of the premises; and
iv.
No work shall be done on the premises except clerical, administrative
and bookkeeping work.
(k)
Family day home.
(l)
One chair beauty or barber shop.
(9)
Any proposed home occupation not set forth in subsection (7) as a permitted use, and not prohibited under subsection (8) may be authorized as a conditional use by the city council following a recommendation by the planning commission, taking into consideration the standards set forth hereinabove in subsections (1) through (6).
(10)
A permit must be obtained from the zoning administrator in order
to operate a home occupation.
