General terms; enumeration. For the purpose of this ordinance,
certain terms and words are used in a limited or special sense as
defined herein. Words used in the present tense include the future;
the singular number includes the plural and the plural the singular;
the word "building" includes "structure"; the word "used" includes
arranged, designed, constructed, altered, converted, rented, leased,
or intended to be used; and the word "shall" is mandatory.
Having a common border with, or being separated from such
common border by right-of-way, alley or easement.
The right to cross between public and private property, allowing
pedestrians to enter and leave property.
A means of vehicular approach or entry to or exit from property,
from a street or highway.
A subordinate building customarily incidental to and located
upon the same lot occupied by the principal building. When an accessory
building is attached to the principal building in such a manner, as
by a wall or roof, such accessory building shall be considered a part
of the principal building. An accessory building is no longer considered
subordinate if it exceeds the size of the principal building.
An accessory dwelling unit on the same lot as a single-family
detached dwelling that is clearly incidental and subordinate to the
main use or a separate, complete dwelling unit that is substantially
contained within the structure of, and clearly subordinate secondary
to, a single-family dwelling.
[Added by Ord. No. 2018-05, 6-25-2018]
A use customarily incidental and subordinate to, and on the
same lot as the principal use.
An extension or increase in floor area or height of a building
or structure.
See "Zoning Administrator."
A facility which is either operated for profit or which desires
licensure and which provides supplementary care and protection and
promotes social, physical, educational and leisure activities during
a part of a day only to four or more aged, infirm or disabled adults
who reside elsewhere, except (a) a facility or portion thereof licensed
by the State Board of Health or the Department of Mental Health, Mental
Retardation and Substance Abuse Services and (b) the home or residence
of an individual who cares for only persons related to him or her
by blood or marriage. Unless exempt from licensing by statute, licenses
for adult day care centers shall be obtained from the Commissioner
of Social Services.
A non-residential facility licensed by the Commissioner of
the Department of Mental Health, Mental Retardation and Substance
Abuse Services pursuant to Virginia Code § 37.1-179.1, which
provides services to adults with mental illness, mental retardation
or substance addiction or abuse during a part of a day only.
A right-of-way that provides secondary service access for
vehicles to the side or rear of abutting properties.
Any change in the total floor area, use, arrangement of the
structural parts, such as bearing walls, columns, beams, girders or
interior partitions, as well as any change to the external appearance,
such as doors or windows or any enlargement to or diminution of an
existing structure.
Any repeal, modification or addition to a regulation; any
new regulation; any change in the number, shape boundary or area of
a zone or zoning district; or any repeal or abolition of any map,
part thereof or addition thereto.
A rod, wire, or other device used to transmit or receive
radio or television signals.
A dwelling unit located in a multi-family dwelling.
Same as "Dwelling, Multiple-Family."
Any congregate residential setting that provides or coordinates personal or health care services, 24-hour supervision and assistance (scheduled or unscheduled) for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting, except (a) a facility or portion thereof licensed by the State Board of Health or the Department of Mental Health, Mental Retardation and Substance Abuse Services, but including any portion of such facility not so licensed; (b) the home or residence of an individual who cares for or maintains only related to him or her by blood or marriage; (c) a facility or portion thereof serving infirm or disabled persons between the age of 18 and 21, or 22 if enrolled in an educational program for the handicapped pursuant to Virginia Code, § 22.1-214, when such facility is licensed by the Virginia Department of Social Services as a child caring institution under Chapter 10 of title 63.1 of the Code of Virginia, but including any portion of the facility not so licensed; and (d) any housing project for seniors or the disabled that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development § 8, 202, 221(d)(3), 221(d)(4), 231, 236 or 811 housing, by the U.S. Department of Agriculture or by the Virginia Housing Development Authority. Included in this definition are two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more aged, infirm or disabled adults. Unless exempt from licensing by statute, assisted living facilities shall be licensed by the Commissioner of Social Services.
A structure or enclosure where goods are sold by auction
on a recurring basis. Expressly excluded from this use are non-recurring
auctions of property, possessions, estates, and other items located
at the premises where the auction is being conducted.
The Federal Emergency Management Agency designated one-percent
annual chance water surface elevation. The water surface elevation
of the base flood in relation to the datum specified on the community's
flood insurance rate map. For the purposes of this ordinance, the
base flood is 100-year flood or one-percent annual chance flood.
That portion of a building between a floor and ceiling which
is either wholly below grade or has more than one-half of its height
below grade. The basement shall be counted as a story if its ceiling
is over six (6) feet above the average level of the finished ground
surface adjoining the exterior walls of such story, or if it is used
for business or dwelling purposes.
A single-family dwelling or portion thereof, in which lodging
is provided by the owner or operator who resides in the premises.
The use offers not more than six bedrooms for short-term transient
occupancy for compensation and where food service for resident guests
is limited to breakfast only.
A business involving a person who makes and repairs things
in iron by hand.
That property abutting one (1) side of a street and lying
between the two (2) nearest intersecting streets or the nearest intersecting
street and railroad right-of-way, river or between any of the foregoing
and any other manmade or natural barrier to the continuity of development.
The board appointed to review appeals made by individuals
with regard to decisions of the zoning administrator in interpretation
of this ordinance. In particular circumstances, the Board of Zoning
Appeals is also authorized to grant variances under the provisions
of the zoning ordinance.
Same as "Rooming House."
An establishment for the production and packaging of alcoholic
beverages, such as beer, liquor, cider, mead, etc., for distribution
and which meet all Virginia Alcoholic Beverage Control laws and regulations.
The facility may include other accessory uses such as retail sales,
tasting rooms, restaurants, etc., as permitted in the district and
as long as the accessory uses do not exceed the primary use in floor
area or value.
A natural open space or landscaped area intended to separate
and protect adjacent or contiguous uses or properties, including land
uses abutting highly traveled highway corridors, from noise, lights,
glare, pollutants or other potential nuisances.
The total number of square feet area in a building, excluding
uncovered steps, and uncovered porches, but including the basement
and/or the total floor area of accessory buildings.
Of a wall or building, the vertical distance from the average
finished grade at the front building line, or from the average established
curb grade in front of the lot, if higher, to the highest point of
the cornice on a flat roof, or the deck line of a mansard roof, or
to the middle height of the highest gable or dormer in a pitched or
hipped roof.
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A line parallel to the front property line of a yard beyond
which the foundation wall and/or any enclosed porch, vestibule, or
other enclosed portion of a building shall not project, except as
provided for in this ordinance.
The person designated as the official responsible for enforcing
and administering all requirements of the Uniform Statewide Building
Code in Franklin, Virginia.
Any structure having a roof supported by columns or walls
used as a place of occupancy, storage or shelter.
Controls that establish the maximum size of buildings and
structures on a lot or parcel and the buildable area within which
the structure may be placed, including lot coverage, height, setbacks,
density, floor area ratio, open space ratio, and landscape ratio.
A group of commercial establishments located on a track of
land set in park like surroundings which is planned, constructed,
and managed by one or more entities with customer and employee parking
provided on site. There is generally a unified aesthetic appearance,
landscaping, and signage in accordance with an approved site plan.
A business park shall include any "out parcels" under separate ownership
or lease which contain complementary commercial enterprises within
the boundaries of the business park.
[Added 3-25-2013 by Ord.
No. 10-2013; amended 3-25-2013 by Ord. No. 11-2013]
Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self-service carwashes.
All land in the City and owned by the City devoted exclusively
to the interment of deceased persons, and all land hereafter acquired
by the City in the City for such purposes.
A document issued by the building official allowing the occupancy
or use of a structure and certifying that the structure and/or site
has been constructed and is to be used in compliance with all applicable
plans, codes and ordinances.
A child day program offered to (a) two or more children under
the age of 13 in a facility that is not the residence of the provider
or of any of the children in care or (b) 13 or more children in any
location. Child day centers must have an outdoor play area of at least
40 square feet per child enrolled, but with a minimum outdoor play
area of 1,000 square feet regardless of the number of children enrolled.
The play area must be enclosed by a continuous fence not less than
three feet in height which prevents children from leaving the premises
and may not be located in the required front or side yard of the facility.
This term includes day care centers, nursery schools and preschools.
Unless exempt from licensing by statute, licenses for child day centers
shall be obtained from the Commissioner of Social Services.
A line segment joining any two (2) points of a circle.
An institution, building, or part of a building where ambulatory
patients receive health care. Included in this definition are urgent
care facilities.
Buildings and facilities owned or operated by a corporation,
association, fraternal/sororal organization, lodge, person or persons
for members only and their guests for meetings, social, educational
or recreational purposes, but not primarily for profit and not primarily
to render a service which is customarily carried on as a business.
Residential zoning that provides for a variation of lot sizes,
but does not allow an increase in the overall density that would normally
be allowed under the base zoning district.
The use of a single location structure and/or site by more
than one (1) wireless communications service provider.
A use consisting of a combination of one (1) or more lots
and two (2) or more principal uses separately listed in the district
regulations.
An apartment or apartments above a commercial use.
Establishments which provide games of chance, skill or scoring
other than an incidental use of the premises. Games would include
pinball and video machines, pool and billiard tables, and other similar
amusement or entertainment devices, whether or not they are coin-operated,
and also card games, bingo, and off-track betting. Typical uses include
game rooms, pool halls, video arcades, bowling alley and bingo parlors.
Predominantly spectator uses conducted within an enclosed
building. Typical uses include motion picture theaters, drama theaters,
concert or music halls.
Predominantly spectator uses conducted in open or partially
enclosed or screened facilities. Typical uses include motor vehicle,
boat, motorcycle or animal racing facilities/complexes, drive-in movies,
miniature golf, amphitheaters and outdoor amusement parks, motorized
cart and motorcycle tracks, and motorized model airplane flying facilities.
Professional and semi-professional athletic fields shall also be included
in this use.
Outdoor pools or tennis facilities operated by a commercial
entity that are open to the general public usually requiring membership
or some form of payment
A vehicle designed to have more than two (2) rear wheels
on a simple axle. This shall not apply to pick-up body type trucks,
passenger van type vehicles, or to vehicles essential for an agricultural
use associated with the premises.
The city planning commission of Franklin, Virginia.
A structure on which an antenna or dish is installed for
the transmission, broadcasting or receiving of radio, television,
radar, or microwaves, and similar types of devices. Included under
this use type are aviation, radio, and cellular phone towers.
A place, structure, or other facility used for providing
civic and/or recreational programs generally open to the public and
designed to accommodate and serve significant segments of the community.
A recreational facility for use solely by the residents and
guests of a particular residential neighborhood, including indoor
and outdoor facilities. These facilities are proposed or planned in
association with development and are usually located within or adjacent
to such development. Such uses may include clubhouses, swimming pools,
workout facilities, and tennis courts.
A conditional use is a use that, because of special requirements
or characteristics, may be allowed in a particular zoning district
only after review and approval by the city council following a recommendation
by the planning commission by imposing such conditions as necessary
to make the use compatible with other uses permitted in the same zone
or vicinity.
A building or group of buildings containing three (3) or
more residential units in which the units are owned individually and
the structure, common areas and facilities are owned by all of the
owners on a proportional, undivided basis and which has been created
by the recordation of condominium instrument pursuant to the provision
of Chapter 4.2 of the Title 55 of the Code of Virginia.
A trailer used as a temporary office during a construction
operation. This use includes construction office trailers occupied
in conjunction with a residential or nonresidential development. This
use excludes residential construction on separately-owned, individual
lots, not part of an overall residential development.
Establishments or places of business primarily engaged in
retail or wholesale, from the premises, of materials used in the construction
of buildings or other structures, but specifically excluding motor
vehicle or equipment supplies otherwise classified herein. Typical
uses include building material stores and home supply establishments.
Establishments housing facilities of businesses primarily
engaged in construction activities, including the outside storage
of materials and equipment used for the business operations. Typical
uses may include site work companies to include excavating and grading
activities, roadway construction and utility companies, and other
heavy construction companies.
An establishment or place of business engaged in the construction
of residential or commercial structures including trades that assist
in building construction or remodeling including carpentry, electrical,
masonry, painting, metalworking, flooring installation, ductwork,
plumbing, heating, air conditioning, roofing and other similar trades.
A store offering for sale a limited selection and quantity
of groceries and other articles normally found in grocery stores,
and which may also offer delicatessen or fast food items, and whose
business is highly dependent on quick stops by work-related traffic
and/or proximate developments or activities. A convenience store operation
may also include self-service gasoline sales.
Any receiving antenna other than a satellite television antenna.
See "Club."
An open space which may or may not have direct street access
and around which is arranged a single building or a group of related
buildings.
A facility providing temporary protective sanctuary for victims
of crime or abuse, homelessness, including emergency housing during
crisis intervention for individuals, including victims of such crimes,
rape and abuse.
A library, museum, or similar public or quasi-public use
displaying, preserving and exhibiting objects of community and cultural
interest in one (1) or more of the arts or sciences. Such uses shall
include, but are not limited to, libraries, museums, art galleries,
and art centers.
Establishments primarily engaged in the on-site production
of goods by hand manufacturing, within enclosed structures, involving
the use of hand tools, and the use of mechanical equipment commonly
associated with residential or commercial uses or a single kiln. Typical
uses would include pottery, cabinet or woodwork shops.
A structure, without a roof or walls, directly adjacent to
and providing access to a principal building, which has an average
elevation of thirty (30) inches or greater from finished grade, and
which is considered as part of the principal building.
Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of manufactured homes, streets, and other paving, utilities,
filling, grading: excavation, mining, dredging, drilling operations,
or storage of equipment or materials.
Any area in the City of Franklin within which the zoning
regulations are uniform.
Any structure extending into a body of water and used for
landing or launching watercraft, for fishing or for otherwise providing
access to the water.
A vertical projection to the ground surface from the furthest
lateral extent of a tree's leaf canopy.
A retail food dispensing and eating establishment where patrons
are permitted to park cars on premises and food or drinks are served
to patrons in cars.
A roadway providing access for vehicles to a parking space,
garage, dwelling, or other structure. A driveway serves only one (1)
or two (2) lots.
A building or portion thereof occupied or intended to be
occupied exclusively for residential purposes, including single-family
dwellings, two-family dwellings, and multi-family, but not including
a tent, travel trailer or mobile home or a room in a hotel or motel.
A room or group of rooms physically arranged so as to create
an independent housekeeping establishment for occupancy by one (1)
family with toilets and facilities for cooking and sleeping separate
from any other dwelling unit.
One of a series of three or more dwelling units separated
from one another by common party walls without openings.
A building designed for or occupied exclusively by three
or more families living independently of each other.
A building designed for use, or occupied exclusively, by
one family. Modular homes are included in this definition. Excluded
from this definition are manufactured homes.
A building designed for or occupied exclusively by two families
living independently of each other.
An educational institution authorized by the Commonwealth
of Virginia to award associate, baccalaureate or higher degrees.
A public, private or parochial school offering instruction
at the elementary, junior and/or senior high school levels in the
branches of learning and study required to be taught in the public
schools of the Commonwealth of Virginia.
A vertical distance above or below a fixed reference point.
A room or rooms within a single-family dwelling for persons
employed therein.
Establishments primarily engaged in the sale or rental of
tools, trucks, tractors, construction equipment, and similar industrial
equipment. Included in this use type is the incidental storage, maintenance,
and servicing of such equipment.
A multipurpose facility with flexible indoor/outdoor space,
typically used for activities such as weddings, conventions, meetings,
job fairs, and trade shows.
That portion of any exterior elevation of the building extending
from grade to top of the parapet, wall, or eaves and the entire width
of the building elevation.
A family shall be:
A child day program offered in the residence of the provider
or the home of any of the children in care for one through 12 children
under the age of 13, exclusive of the provider's own children
and any other children who reside in the home, when at least one child
receives care for compensation. The provider of a licensed or registered
family day home shall disclose to the parents or guardians of children
in their care the percentage of time per week that persons other than
the provider will care for the children. Family day homes must be
licensed if they serve six through 12 children, exclusive of the provider's
own children or other children residing in the home. However, no family
day home shall care for more than four children under the age of two,
including the provider's own children and any other children
who reside in the home unless the family day home is licensed or voluntarily
registered. A family day home where the children in care are all grandchildren
of the provider shall not be required to be licensed. Unless exempt
from licensing by statute, family day homes shall be licensed by the
Commissioner of Social Services.
Occasional or periodic commercial activities held in an open
area or enclosed structure where groups of sellers rent space on a
short-term basis to display, barter, or sell goods to the general
public. A fee may be charged for expected buyers for admission, or
a fee may be charged for the privilege of offering or displaying such
merchandise. A flea market is composed of semi-closed or outdoor stalls,
stands, or spaces.
A residential institution providing care and guardianship
for children whose parents are dead or unable to look after them.
[Added 5-22-2006]
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization in the watershed. When a freeboard
is included in the height of a structure, the flood insurance premiums
may be less expensive.
STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
LOT FRONTAGEA linear measurement in feet of the front property abutting a street where the front boundary line of the lot and the street line are coincident.
A business establishment with facilities for the preparation
of the dead for burial or cremation, for the viewing of the body and
for funeral services, including any establishment known as a mortuary
except for a morgue.
An accessory building designed or used for the storage of
not more than four motor-driven vehicles used by the occupants of
the building to which it is accessory and which is not operated as
a separate commercial use.
A building or portion thereof, other than a private garage,
designed or used for equipping, servicing, repairing, hiring, selling
or storing motor-driven vehicles.
Establishments engaged primarily in the retail sale of trees,
shrubs, seeds, fertilizers, pesticides, plants, plant materials, and
garden supplies, primarily for agricultural, residential and commercial
consumers.
Gardening is the practice of growing and cultivating plants
as part of horticulture conducted on residential property by the occupant.
In gardens, ornamental plants are often grown for their flowers, foliage,
or overall enhancing appearance; useful plants, such as root vegetables,
leaf vegetables, fruits, and herbs, are grown for consumption, for
use as dyes, or for medicinal or cosmetic use. Gardening on residential
properties shall have a manicured look and/or be confined to one or
more contiguous areas. Gardens shall not be grown wildly, giving the
appearance of weeds, particularly in the front or corner side yard,
to the discretion of the Zoning Administrator.
A facility for the retail sale of motor vehicle fuels, oils,
and accessories, where repair is incidental, where no more than two
(2) abandoned vehicles or other motor vehicles shall be stored on
the premises. May include the sale of propane or kerosene as an accessory
use.
A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters.
Included would be executive or par three (3) golf courses.
Governmental officials providing administrative, clerical
or public contact services that deal directly with the citizen. Typical
uses include federal, state and city offices.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building.
See "Garden Center."
The growing and storage of garden plants, shrubs, trees,
flowers, vegetables, and other horticultural and floricultural products
within a building whose roof and sides are made of glass or other
transparent or translucent material. Items grown are used and/or consumed
by the occupants of the premises.
A dwelling unit in which not more than eight mentally ill,
mentally retarded or developmentally disabled persons reside, with
one or more resident counselors or other staff persons licensed by
the Department of Mental Health, Mental Retardation and Substance
Abuse Services, but not including persons whose mental illness or
developmental disability entails current illegal drug use or addiction
to a controlled substance.
Temporary living quarters within a detached accessory building
located on the same premises with the main building for use by nonpaying
guests of the occupants of the premises and not rented or otherwise
used as a separate dwelling and not containing kitchen facilities.
An accessory use of a dwelling unit for gainful employment
involving the making, provision and sale of goods and/or services.
A building or group of buildings, having room facilities
for one or more patients, used for providing services for the in-patient
medical or surgical care of sick or injured humans, and which may
include related facilities such as laboratories, out-patient department,
training facilities, central service facilities and staff offices;
provided, however, that such related facility must be incidental and
subordinate to the main use and must be an integral part of the hospital
operation.
A building in which lodging or boarding and lodging are provided
for persons primarily transient and offered to the public for compensation
and in which ingress and egress to and from all rooms is made through
an inside lobby or office supervised by a person in charge at all
hours. A hotel may include restaurants, taverns or club rooms, public
banquet halls, ballrooms and meeting rooms.
Enterprises engaged in the processing, manufacturing, compounding,
assembly, packaging, treatment or fabrication of materials and products,
from processed or previously manufactured materials. Included would
be assembly of electrical appliances, bottling and printing plants,
and the manufacturing of paint, oils, pharmaceuticals, cosmetics,
solvents and other chemicals, production of items made of stone, metal
or concrete. The use also includes sheet metal and welding shops.
Enterprises in which goods are generally mass produced from
raw materials on a large scale through use of an assembly line or
similar process, usually for sale to wholesalers or other industrial
or manufacturing uses. Included in this use type are industries involved
in processing and/or refining raw material such as chemicals, rubber
wood or wood pulp, forging, casting, melting, refining, extruding,
rolling drawing, and/or alloying ferrous metals, and the production
of large durable goods such as automobiles, manufactured homes, or
other motor vehicles.
An establishment which has the potential to be dangerous
or extremely obnoxious. Included are those in which explosives are
stored, petroleum is refined, natural and liquid and other petroleum
derivatives are stored and/or distributed in bulk, radioactive materials
are compounded, pesticides, fertilizers and certain acids are manufactured,
and hazardous waste is treated or stored as the establishment's
principal activity.
"Junk" shall mean all scrap materials, discarded equipment
and household items, parts of vehicles, pieces of waterraft, and similar
materials.
A soundproof enclosure or structure wherein dogs or cats
or a combination thereof are kept for compensation for the purpose
of breeding, hunting, training, renting or showing from which they
cannot escape. It shall not mean a structure, wall or fence used to
demarcate a property line.
The keeping, breeding, raising, showing or training of dogs
for personal enjoyment of the occupants on property of five (5) or
more acres for which commercial gain is not the objective.
The use of land for the legal disposal of municipal solid
waste derived from households, business and institutional establishments,
including garbage, trash, and rubbish, and from industrial establishments,
other than hazardous wastes as described by the Virginia Hazardous
Waste Regulations.
Establishments primarily engaged in performing a variety
of lawn and garden services, including Bermuda sprigging services,
cemetery upkeep, garden maintenance, garden planting, lawn care, lawn
fertilizing services, lawn mowing services, lawn mulching services,
lawn seeding services, lawn spraying services, lawn sprigging services,
mowing highway center strips and edges, seeding highway strips, sod
laying and turf installation.
A residential facility primarily for the continuing care
of the elderly, providing for transitional housing progressing from
independent living in various dwelling units, with or without kitchen
facilities, and culminating in nursing home-type care, where all related
uses are located on the same lot. Such facility may include other
services integral to the personal and therapeutic care of the residents.
A live/work unit is defined as single unit consisting of
both commercial space or office and a residential component that is
occupied by the same resident.
A parcel of land intended to be separately owned, developed,
or otherwise used as a unit, established by plat, subdivision or as
otherwise permitted by law.
The total horizontal area within the lot lines of the lot.
A line dividing one (1) from another lot or from a street
or alley.
A lot abutting upon two or more streets at their intersection
which streets or parts of streets form an angle within the lot of
less than 135 degrees. Of the two sides of a corner lot, the front
shall be deemed to be the shorter of the two sides fronting on the
streets.
The mean horizontal distance between the front and rear lot
lines.
The width of the lot measured at right angles to its center
lines, at the front building setback line.
"Manufactured home" means a structure subject to federal
regulations, which is transportable in one or more sections; is eight
body feet or more in width and 40 body feet or more in length in the
traveling mode, or is 320 or more square feet when erected on site;
is built on a permanent chassis; is designed to be used as a single-family
dwelling, with or without a permanent foundation when connected to
the required utilities; and includes the plumbing, heating, air conditioning
and electrical systems contained in the structure.
A use for docking or mooring of more than four (4) boats
(excluding paddle or rowboats) or providing services to boats, including
servicing and repair, sale of fuel and supplies, and provisions of
lodging, goods, beverages. A yacht or boat club shall be considered
a marina.
Facilities which provide diagnoses, minor surgical care and
outpatient care on a routine basis, but which does not provide overnight
care or service as a base for an ambulance stop. This use also includes
groups of medical offices and establishments primarily engaged in
research or testing activities, such as laboratories.
A commercial development of contiguous locked rental spaces
to be individually leased by tenants for the purpose of storage of
personal property.
[Added 2-25-2008]
Mixed-use development is intended as an improvement over
traditional segregated-use zoning. It derives from a positive vision
of a more desirable community. A mixed-used development must be one
in that the purpose is to spur community revitalization, increase
affordable housing opportunities, promote pedestrian and bicycle travel,
reduce auto dependency, roadway congestion, and air pollution by co-locating
multiple destinations, promote a sense of community and promote efficient
use of land and infrastructure.
Portable, prefabricated buildings which are constructed off
site and used as temporary facilities in relation to expanding educational
facilities.
See Dwelling, Single-family.
Same as hotel, except that the building or buildings are
designed primarily to serve tourists traveling by automobile and that
ingress and egress to rooms need not be through a lobby or office.
The use of a building, land area or other premises for the
display of new and used automobiles, trucks and motorcycles for sale
or lease, including warranty repair work and other major and minor
repair service conducted as an accessory use.
Retail sales of automobile parts and accessories. Typical
uses include automobile parts and supply stores which offer new and
factory rebuilt parts and accessories, and include establishments
which offer minor automobile repair services, secondary and incidental
to the primary use.
Repair of construction equipment, commercial trucks, agricultural
implements and similar heavy equipment, including automobiles, where
major engine and transmission repairs are conducted. Typical uses
include automobile and truck repair garages, transmission shops, radiator
shops, body and fender shops, equipment service centers, machine shops
and other similar uses where major repair activities are conducted.
Repair of automobiles, noncommercial trucks, motorcycles,
motor homes, recreational vehicles, or boats, including the sale,
installation, and servicing of equipment and parts. Typical uses include
tire sales and installation, wheel and brake shops, oil and lubrication
services, automobile glass repair and similar repair and service activities
where minor repairs and routine maintenance are conducted.
Rental of motor vehicles and light trucks and vans, including
incidental parking and servicing of vehicles for rent or lease. Typical
uses include auto rental agencies and taxicab dispatch areas.
See "cultural service."
An otherwise legal building or structure that does not conform
with the yard, height, maximum density or other bulk regulations,
or is designed or intended for a use that does not conform to the
use regulations, of this ordinance for the district in which it is
located either at the effective date of this ordinance or as a result
of subsequent amendments.
An otherwise legally platted lot that does not conform to
the minimum area or width requirements for the district in which it
is located either at the effective date of this ordinance or as a
result of subsequent amendments to this ordinance.
An otherwise legal site for which existing improvements do
not conform to the lot coverage, bufferyard, landscaping, parking
and other site requirements setforth in the zoning or special overlay
district in which it is located either at the effective date of this
ordinance or as a result of subsequent amendments to this ordinance.
The otherwise legal use of a building or structure or a tract
of land that does not conform to the use regulations of this ordinance
for the district in which it is located, either at the effective date
of this ordinance or as a result of subsequent amendments to the ordinance.
Any institution however named, whether conducted for charity
or for profit, which is advertised, announced or maintained for the
express or implied purpose of caring for two or more nonrelated persons
admitted thereto for the purpose of nursing or convalescent care.
Nursing and convalescent care includes care given because of prolonged
illness or defect or during the recovery from injury or disease, and
includes any and all of the procedures commonly employed in waiting
on the sick, such as administration of medicine, preparation of special
diets, giving of bedside care, application of dressing and bandages,
and the carrying out of treatments prescribed by a duly licensed practitioner
of medicine.
Use of a site for business, professional, medical or administrative
offices, including banks and other financial institutions, medical
offices, real estate, insurance, management, travel or other business,
government offices, organization and association offices, law, architectural,
engineering, accounting, corporate or other professional offices.
This definition excludes hospitals, clinics, laboratories and other
medical facilities.
An area that is intended to provide light and air, and is
designed, depending upon the particular situation, for environmental,
scenic or recreational purposes. Open space may include, but need
not be limited to, lawns, decorative plantings, walkways, active and
passive recreation areas, playgrounds, fountains, swimming pools,
wooded areas, and watercourses. Open space shall not be deemed to
include structures, driveways, parking lots or other surfaces designed
or intended for vehicular traffic.
A publicly owned, short-term parking facility for commuters.
A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental
sale of such property.
Also known as a POD, a large container used for temporary
storage. A POD is hauled to the property, loaded with items, hauled
from the property and stored in a storage yard.
Postal services directly available to the consumer operated
by the United States Postal Service.
A building or structure in which the primary or main use
of the property is conducted, and distinguished from an accessory
or secondary building or structure on the same premises.
A use which represents the primary or main use of the land
or structure which is distinguished from an accessory use on the same
premises.
A condition voluntarily offered by the applicant and owner
for a rezoning that limits or qualifies how the property in question
will be used or developed. This definition includes cash proffers.
A right of ingress and egress over privately owned land to
and from the premises of a lot owner(s) to a publicly maintained street,
which right to enjoyment is vested in the public generally.
See "cultural service."
A government owned or operated facility supporting maintenance,
repair, vehicular or equipment servicing, material storage, and similar
activities.
Government owned and operated park, picnic area, playground,
indoor or outdoor athletic facility, game preserve and open space.
[Added 4-9-2007]
Facility for the conduct of safety and emergency services
for the primary benefit of the public, whether publicly or privately
owned and operated, including police and fire protection services,
emergency medical and ambulance services, and helicopter landing sites.
Any building or group of buildings the use of which meets
the state requirements for primary, secondary, or higher education,
and secures the majority of its funding from a governmental agency.
Facilities owned and operated by a government or quasi-government
agency accommodating public assembly for indoor or outdoor sports,
amusements, or entertainment purposes. Typical uses include auditoriums,
sports auditorium, convention facilities, fairgrounds, and incidental
sales and exhibition facilities.
[Added 4-9-2007]
A service of a regional nature which normally entails the
construction of new buildings or structures such as generating plants
and sources, electrical switching facilities, and stations or substations,
community wastewater treatment plants, and water supply and production
in excess of fifty thousand (50,000) gallons per day. Included in
this definition are also electric, gas and other utility transmission
lines of a regional nature that are not otherwise reviewed and approved
by the Virginia State Corporation Commission.
A service which is necessary to support development within
the immediate vicinity and involve only minor structures. Included
in this use type are distribution lines and small facilities that
are underground or overhead, such as transformers, relay and booster
devices, remote switching stations, well water and sewer pump stations.
A track or set of tracks made of steel rails along which
passenger and freight trains run.
A complex series of railroad tracks for storing, sorting,
or loading/unloading, railroad cars and/or locomotives. This definition
includes incidental structures for storage, consolidation and de-consolidation
of freight.
A class A or B manufactured home, single-fame home or other
structure used on a temporary basis as a real estate sales office
in conjunction with residential development. This shall not include
residential on separately-owned individual residential lots, not part
of an overall residential subdivision.
Leisure activities, usually organized and performed with
others, often requiring equipment and constructed facilities, taking
place at prescribed places, sites or fields. The term active recreation
includes, but is not limited to, swimming, tennis, and other court
games, baseball and other field sports, golf and playground activities.
Recreation that involves existing natural resources and has
a minimal impact. Such recreation does not require development of
the site nor any alteration of existing topography. Such passive recreation
shall include, but not be limited to, hiking, picnicking, and bird
watching.
A vehicle designed to be self-propelled or permanently towable,
and not designed for use as a permanent dwelling but as temporary
living quarters for recreational camping, travel, or seasonal use.
This term shall also include watercraft and travel trailers.
A use providing recuperative or similar services for persons
requiring rehabilitation assistance as a result of physical, mental
illness, alcoholism, detention, drug addiction, or similar conditions
for only part of a twenty-four-hour day.
An establishment engaged in the preparation of food and beverages
for either take-out, delivery or table service.
Sale or rental with incidental service of goods and merchandise
for personal or housechold use which is not otherwise specifically
described in the listing of commercial uses contained herein. Such
uses include bakeries, grocery stores, drugstores, clothing and shoe
stores, pet stores, florists, pawn shops, restaurants, hardware and
appliance stores, novelty stores, gas stations and convenient stores.
Establishment or place of business engaged in the provision
of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops, grooming/boarding of
pets, printing shops, seamstress, tailors, shoe repair, laundromat
and dry-cleaning, massage therapy, fitness/training centers, dance
studio, driving school, and nail salons.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline.
A dwelling or part thereof where meals and/or lodging are
provided for compensation from one to six persons.
An on-premises freestanding sign that is located on any parcel
of land zoned B-3 General Business or Industrial with any part of
the parcel located within 500 feet of the Route 58 by-pass right of
way within the cooperate limits of the City of Franklin. These signs
shall be permitted for businesses and developments for the purpose
of attracting non-local traffic from the by-pass. Such signs shall
be allowed within the cooperate limits of the City.
See "Antenna".
The act of visually shielding or obscuring one (1) abutting
or nearby structure or use from another by fencing, wall, berms, or
required planted vegetation.
Any building, structure or land used for the dispensing,
selling or offering for sale at retail of any automobile fuels, oils,
or accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories, but not including
major repair work such as motor replacement, body and fender repair
or painting.
The required minimum horizontal distance between the building
line and the related front, side, or rear property line. A setback
is meant from a street not a driveway.
A line within a lot parallel to a corresponding lot line,
which is the boundary of any specified front, side, or rear yard,
or the boundary of any public right-of-way whether acquired in fee,
easement, or otherwise, or a line otherwise established to govern
the location of buildings, structures or uses.
Primarily a metal container used to pack, ship and store
goods. On land they are kept in shipping or storage yards.
A group of commercial establishments planned, constructed,
and managed by one or more entities with customer and employee parking
provided on site. There is generally a unified aesthetic appearance,
landscaping, and signage in accordance with an approved site plan.
A shopping center shall include any "out parcels" under separate ownership
or lease which contain complementary commercial enterprises within
the boundaries of the shopping center.
[Added 4-9-2007]
A relatively low growing, woody plant typified by having
several permanent stems instead of a single trunk.
Any shrub which sheds its foliage during a particular season
of the year.
Any shrub which retains its foliage throughout the entire
year.
The degree of deviation of a surface from the horizontal,
usually expressed as a percentage. Slope shall be measured as the
vertical rise or fall to horizontal distance of terrain measured perpendicular
to the contour lines at horizontal intervals of more than ten (10)
feet.
The boarding, breeding or raising of horses or ponies not
owned by the owner or occupant of the property or riding of horses
by other than the owner or occupant of the property and their non-paying
guests. Included in this definition are riding academies. A tack shop
is also included in this use type as an accessory use.
The keeping, breeding or raising of horses or ponies, exclusively
for the personal use and enjoyment of the owner or occupant of the
property or the riding of horses or ponies by the owner or occupant
of the property and their guests.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the ceiling.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story; provided, however, that
any such story used as a separate dwelling unit shall be deemed a
full story.
Any developed public right-of-way not less than 30 feet in
width which provides a primary means of public access to abutting
property.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
A building or portion thereof, used as a place of business
for visual art, which may include sculptors, artists or photographers.
The division or resubdivision of a lot, tract, or parcel
of land by any means into two (2) or more lots, tracts, parcels or
other divisions of land, including changes in existing lot lines for
the purpose whether immediate or future, of lease, transfer of ownership
or building or lot development.
Any establishment placing designs, letters, scrolls, figures,
symbols or any other mark upon or under the skin of any person with
ink or other substance resulting in the permanent coloration of the
skin, including permanent makeup or jewelry, by the aid of needles
or any other instrument designed to touch or puncture skin, except
when performed by a medical doctor, veterinarian, registered nurse
or other medical professional licensed pursuant to Title 54.1 of the
Code of Virginia in the performance of professional duties. Such establishment
may also perform body piercing.
A building where animal skins are prepared, stuffed and mounted
for sale.
A transportable residential structure, providing an environment
facilitating a caregiver's provision of care for a mentally or
physically impaired person, that:
[Added by Ord. No. 2018-04, 6-25-2018]
Is primarily assembled at a location other than its site of
installation;
Is limited to one occupant who shall be the mentally or physically
impaired person or, in the case of a married couple, two occupants,
one of whom is a mentally or physically impaired person, and the other
requires assistance with one or more activities of daily living as
defined in section 63.2-2200, as certified in writing by a physician
licensed in the Commonwealth;
Has no more than 300 square feet of gross floor area; and
Complies with applicable provisions of the Industrialized Building
Safety Law (section 36.70 et seq.) and the Uniform Statewide Building
Code (section 36.97 et. seq.). Placing the temporary family health
care structure on a permanent foundation shall not be required or
permitted. Additional Statutory regulations for the use of a temporary
family health care structure are located in Section 15.2-2298.1 of
the Code of Virginia.
An outdoor area or yard used by a tow service for the storage
of inoperable, junk, or wrecked motor vehicles, with or without consent
of the owner.
See "Dwelling, Attached."
That area of land on which two or more manufactured homes
or mobile homes being used for living purposes are parked.
Any storage or collection facility which is operated as a
relay point for municipal solid waste which ultimately is transferred
to a landfill.
The number of trip ends caused, attracted, produced, or otherwise
generated by a specific land use, activity, or development in accordance
with the latest edition of the Trip Generation Manual, published by
the Institute of Transportation Engineers.
An establishment containing a mixture of uses which cater
to the traveling public and in particular motor freight operators.
A truck stop might include such uses as fuel pumps, restaurants, overnight
accommodations, retail sales related to the motor freight industry,
and similar uses.
See "warehousing and distribution."
A waiver of the dimensional and numeric requirements of this
ordinance approved by the Board of Zoning Appeals.
Any establishment rendering surgical and medical treatment
of animals. Boarding of animals shall only be conducted indoors, on
a short-term basis, and shall only be incidental to such hospital/clinic
use, unless also authorized and approved as a commercial kennel.
Uses including storage, warehousing and dispatching of goods
within enclosed structures, or outdoors. Typical uses include storage
warehouses, truck terminals and moving/storage firms.
Any vessel that is used or capable of being used as a means
of transportation on water and is propelled by machinery, whether
or not the machinery is the principal source of propulsion, as defined
by the Code of Virginia.
A transitional stage involving the movement, storage and
sale of bulk products to a retailer or consumer.
An attached or detached building on the same lot as the primary
dwelling where manual, mechanical, crafts, art, and other similar
activities are conducted as a hobby and not primarily for compensation.
Excluded from this definition is a Home Occupation, which is defined
separately.
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upward, except as otherwise provided
in this ordinance.
An open space extending the full width of the lot, between
a building and the front lot line, unoccupied and unobstructed by
buildings except as otherwise provided in this ordinance.
An open space extending the full width of the lot, between
a building and the rear lot line, unoccupied and unobstructed by buildings
except as hereinbefore specified.
An open space extending from the front yard to the rear yard
between a building and the side lot line, unoccupied and unobstructed
by buildings except as hereinbefore specified.
The location of a structure on a lot in such a manner that
one (1) of the structure's sides rest directly on a lot line.
The person designated as the official responsible for enforcing
and administering all requirements of the City of Franklin Zoning
Ordinance, or his duly authorized designee.
Those base underlying zoning districts other than special
overlay districts set.
A district, which is placed over the existing base zoning
and imposes additional restrictions.
[1]
Editor' s Note: Former Subsection (1) was repealed 5-22-2006.
This ordinance also renumbered Subsections (2) and (3) to Subsections
(1) and (2), respectively.
