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Franklin City Zoning Code

CHAPTER 10

INTRA BLOCK DEVELOPMENT

7-10-1: PURPOSE:

The purpose of this Chapter is to provide, through conditional use process, a means by which intra blocks within the City can be developed in an efficient and orderly manner without creating undue hardship on the City. (Ord. 1998-1, 7-17-1998)

7-10-2: PROVISIONS AND CONDITIONS:

The requirements of this Title shall not prevent the development of a single-family dwelling or multiple-family dwellings on an individual "intra block lot", as defined in Chapter 1 of this Title, provided the following conditions are satisfied:
   A.   Allowed As Conditional Use: That the intra block lot is allowed as a conditional use in the zone in which the lot is located.
   B.   Compliance With Subdivision Ordinance: That the requirements of any subdivision ordinance be met except where waivers are determined to be appropriate for certain required improvements or where this Chapter has implied that certain required improvements be waived.
   C.   Access: That the private access for one lot has a minimum right of way or ingress-egress easement width of sixteen feet (16') and the private access for more than one lot has a minimum right-of-way width of twenty four feet (24'). Private access roads will only be permitted in cases where public streets are not possible, financially feasible, or practical. Private access roads shall be constructed with a gravel base, bituminous (asphalt) or cement surface, and gravel shoulders which shall be two feet (2') in width on each side of the bituminous surface. The bituminous surface on private roads shall be ten feet (10') wide for access to one housing unit and shall be twenty feet (20') wide for access to more than one housing unit.
   D.   Improvements: That the owner or developer will be responsible for the extension of all utilities, roadway and drainage improvements, and other improvements necessary and/or required for the development of the intra block property. All construction on public rights of way or where connection is made to a public utility said construction or connection is subject to inspection by the City.
   E.   Placement Of Dwellings: That consideration be given to the placement of proposed dwellings so as to ensure the compatibility and to protect the privacy of existing homes.
   F.   Privacy Fence: That a sight-proof privacy fence be constructed to a minimum height of six feet (6') and adjacent to existing residences and/or at other locations on the property boundary as specified by the Planning and Zoning Committee and City Council. Fence type must be stated in plan. (Ord. 1998-1, 7-17-1998)

7-10-3: DEVELOPMENT PLAN:

An intra block development plan shall be prepared by the developer or owner and be approved by the City Planning and Zoning Commission, Public Works Department, and City Council. The proposed plan shall provide the following information:
   A.   The development plan shall be drawn to a scale of at least one inch equals fifty feet (1" = 50') and should contain the north arrow point.
   B.   All property boundaries, easements and rights of way, and owners of parcels or lots in the block where the intra block development is proposed.
   C.   All existing streets and the location of the proposed access to the development including any future roadway extensions for further block development.
   D.   The location and dimensions of all proposed lots, street, and easements.
   E.   All existing structures adjacent to the development and the tentative location and dimensions of proposed dwellings.
   F.   All existing irrigation ditches and drainage ways and the proposed method of disposal of surface drainage.
   G.   The location of existing and proposed utilities.
   H.   The location and type of existing and proposed fences.
   I.   A statement of approval and a signature space for each of the following: Public Works Department, Planning Commission, and City Council.
   J.   Any other information pertaining to the proposed development as requested by the Planning and Zoning Commission. (Ord. 1998-1, 7-17-1998)

7-10-4: PUBLIC HEARING:

A public hearing shall be held by the Planning and Zoning Commission after public notice has been given in the local newspaper and after written notice has been given to adjacent property owners. (Ord. 1998-1, 7-17-1998)

7-10-5: PERFORMANCE BOND:

   A.   Improvements: A building permit shall not be issued for any dwelling or structure to be placed in the intra block development unless the owner or developer shall furnish the City a form of security which will ensure the proper and prompt installation of all improvements as required by this Chapter. Forms of acceptable security and amounts of said security shall be limited to those which are determined by the City Council. (Ord. 1998-1, 7-17-1998; amd. 1999 Code)
   B.   Exclusion: Exclusion for single-family dwelling from performance bond and bituminous surface. (Ord. 1998-1, 7-17-1998)

7-10-6: FEES:

   A.   Prevailing Fee Schedule: Any and all persons requesting approval on an intra block development shall first have paid all fees set forth by the most recent prevailing fee schedule adopted by resolution of the City Council. The prevailing fee schedule is an office checking and field engineering fee to be payable to the City at the time of submittal. In the event the original submittal is not approved and a second, third, etc., submittal is required, a fee shall be paid to the City on an hourly basis for the time incurred in checking and approving the submittal. All hourly fees shall be based on the most recent prevailing fee schedule adopted by the City.
   B.   Outside Engineering Fee: This can include any fee for outside engineering from Alex Hudson, LarWest, or any other firm needed. (Ord. 1998-1, 7-17-1998)