Franklin City Zoning Code
ARTICLE IV
Density Regulations
§ 185-10 Nonconforming lots.
A.
Any increase in lot area, depth, frontage, yard or coverage requirements of this chapter shall not apply to the erection, extension, alteration or moving of a structure on a legally created lot not meeting current requirements, provided that the applicant documents that:
(1)
At the time such increased requirement became applicable to it, the lot:
(a)
Had at least 5,000 square feet of lot area and 50 feet of frontage on a street;
(b)
Was held in ownership separate from all other lots having frontage within 1,000 feet on that same street; and
(c)
Conformed to then-existing dimensional requirements.
(2)
The lot is not to be used for multifamily use.
B.
Such nonconforming lots may be changed in size or shape or their land area recombined without losing this exemption, so long as the change does not increase the actual potential number of buildable lots.
§ 185-11 Number of buildings on a lot.
Not more than one single-family or two-family dwelling shall be erected on a lot. More than one principal building other than a single-family or two-family dwelling may be erected on a lot, provided that access, drainage and utilities serving each structure are functionally equivalent to that required for separate lots by the Planning Board rules and regulations,[1] as certified to the Commissioner of Buildings by the Department of Public Works regarding access and drainage and by the Water Department and Fire Department regarding water; and further provided that lot area requirements are met for each building and use without counting any lot area twice.
[1]
Editor's Note: See Ch. 300, Subdivision of Land.
§ 185-12 Front yard requirements.
The minimum front yard dimensions required in the Schedule of Lot, Area, Frontage, Yard and Height Requirements[1] are to be measured from the street line where a plan of the street is on file or plotted with the Franklin Planning Board or with the Registry of Deeds or, in the absence of such a plan, from a line 30 feet from and parallel to the center of the traveled way or street. That portion of the front yard within 10 feet of the street line shall be free of parking and, except for driveways and walks, fully landscaped.
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
§ 185-13 Exceptions to height limitations and minimum yard requirements.
[Amended 10-16-1996 by Bylaw Amendment 96-319; 11-6-1996 by Bylaw Amendment 96-318; 7-23-1997 by Bylaw Amendment 97-336]
A.
The limitation on height of buildings and structures in the Schedule of Lot, Area, Frontage, Yard and Height Requirements[1] shall not apply to any district to chimneys, ventilators, towers, spires or other ornamental features of buildings, which features are in no way used for living purposes or wireless communications towers; provided, however, that no wireless communications tower or antenna or accessory structure shall be erected except in compliance with § 185-44. As used in this section, towers shall not be construed to mean or include wireless communications towers.
[1]
Editor's Note: The Schedule of Lot, Area, Frontage, Yard and Height Requirements is included at the end of this chapter.
B.
The following are allowed to project into any minimum yard:
(1)
Chimneys up to two feet.
(2)
Eaves, cornices, gutters up to three feet.
(3)
Other architectural details not enclosing usable space such as window sills, belt courses and rain leaders up to two feet.
(4)
Uncovered (i.e., without roof) stairs up to four feet.
(5)
Bay or bow windows other than walkout style up to two feet.
(6)
Bulkheads.
§ 185-14 Lots containing two or more dwellings.
A lot or parcel of land containing two or more dwellings existing at the time of adoption of this chapter which cannot be divided in conformity with these requirements may, under a special permit by the Board of Appeals, be divided in a manner complying as closely as possible with these requirements.
§ 185-15 Lot size reduction; exceptions.
No lot on which a dwelling house is situated, whether heretofore or hereafter placed, shall be reduced in area if such lot is smaller than is hereby prescribed or if, by such reduction, it would be made smaller than is hereby prescribed, except in either case by taking by eminent domain or by a conveyance for a public purpose.
§ 185-16 Setback from streams and ponds.
No building, parking area or leaching field shall be located within 35 horizontal feet of the normal bank of any stream or pond. A "stream" is a body of regularly running water having a year-round flow. A "pond" is a body of water which contains 1,000 square feet or more of water 11 months of the year.
§ 185-17 Maximum occupancy in multifamily dwelling.
The maximum occupancy for a dwelling unit in a multifamily dwelling shall be three persons for a unit containing one minimum-sized bedroom, five persons per two minimum-sized bedrooms and two persons per each additional minimum-sized bedroom. A "minimum-sized bedroom" shall be considered to have a minimum of 70 square feet and 490 cubic feet and shall not also be used as a living room, dining room, bath, kitchen or closet. Anything smaller shall be considered fit for occupancy by only one sleeper. This section will not apply to children under two years of age.