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Franklin City Zoning Code

CHAPTER 1256

C-1 Commercial District

1256.01 STATEMENT OF PURPOSE.

   The purpose of the C-1, Commercial District, is to further the goals, objectives and policies of the Master Plan by providing the opportunity for continued growth and development of a vibrant Village Center. Although uses permitted in the C-1 District are intended to be primarily retail, service, or office, residential uses are considered appropriate in certain locations and under certain conditions. New uses should be compatible with existing uses with respect to small scale, character of design, and intensity of activity.
(Ord. 101. Passed 2-20-70; Ord. 2012-07. Passed 11-12-12.)

1256.02 PERMITTED USES.

   In the C-1 District, the following uses are permitted:
   (a)   All uses permitted in the RO-1 District.
   (b)   Automobile service stations, subject to the requirements of Section 1268.15.
   (c)   Bake shops, provided that at least 75% of all baked goods produced on the premises are sold on said premises at retail, and further provided that floor area used for bakery production shall be limited to 500 square feet per establishment.
   (d)   Bank, savings and loan, brokerage or other type of financial institution.
   (e)   Barber shop.
   (f)   Beauty shop.
   (g)   Clothes pressing and repair.
   (h)   Custom dressmaking, millinery and tailoring.
   (i)   Fire station.
   (j)   Household furniture and appliance shops.
   (k)   Institutions and establishments of a philanthropic or charitable nature, but not including car washes, credit unions and other related activities operated or sponsored by such institutions or establishments.
   (l)   Laundry agency or dry cleaning agency and hand laundry, except laundry and dry cleaning establishments with customer-operated equipment.
   (m)   Public utility buildings, telephone exchange buildings, electric transformer stations and substations and gas regulator stations.
   (n)   Repairs to electrical or other household appliances, locks, radios, televisions, shoes, time pieces and the like.
   (o)   Restaurants, but not including drive-in or drive-thru restaurants.
   (p)   Carry-out restaurants.
   (q)   Outdoor dining, subject to the provisions in Section 1268.33.
   (r)   Retail food stores.
   (s)   Shops or stores for the retail sale of art supplies, beverages, confections, delicatessen, drugs, dry goods, flowers, food stuffs including meats, gifts, hardware, jewelry, leather goods, music, notions, paint, periodicals, sewing machines for households only, sports goods, stamps or coins, stationery, sundry, small household articles, tobacco or wearing apparel.
   (t)   Single family residential uses, including rental dwelling units, when located on the second floor of a building that is designed for a retail, service, or office use on the first floor.
   (u)   Accessory structures, uses and signs, excluding buildings, customarily incidental to the above permitted uses in accordance with Section 1268.13, subject to the following restrictions:
      (1)   Outdoor advertising signs, only when pertaining to the sale, rental or use of the premises on which they are located, or to goods sold or activities conducted thereon, shall be displayed flat against the front or side elevation of the building and shall not project above the roof line. (See also Chapter 1474 of these Codified Ordinances.)
   (v)   Off-street parking and loading, in accordance with the requirements of Chapter 1262, provided that, on or after December 5, 2005:
      (1)   No new parking or loading area shall be established on a parcel unless a principal permitted structure is first constructed on the parcel; and
      (2)   No new parking or loading facilities shall be located in the front yard (between the front face of the building and the street) except by special approval. Where front yard parking is proposed, the applicant must demonstrate to the satisfaction of the Planning Commission and Village Council that:
         A.   No other reasonable and safe location for parking exists on the site and that front yard parking can be provided without compromising vehicular or pedestrian traffic safety; and
         B.   The proposed parking satisfies the special approval criteria in Section 1268.32.
(Ord. 101. Passed 2-20-70; Ord. 2000-87. Passed 9-11-00; Ord. 2005-10. Passed 11-14-05; Ord. 2009-02. Passed 5-11-09; Ord. 2012-07. Passed 11-12-12; Ord. 2015-02. Passed 9-21-15; Ord. 2021-02. Passed 7-19-21; Ord. 2021-04. Passed 10-11-21.)

1256.03 SPECIAL APPROVAL USES.

   In the C-1, Commercial District the following uses shall be permitted, subject to approval in accordance with Section 1268.32:
   (a)   Multiple family residential uses, including short-term rental dwelling units, when located on the second floor of a building that is designed for a retail, service, or office use on the first floor.
   (b)   Solar and wind facilities, whether freestanding or attached to the principal building, are considered accessory structures, subject to Section 1268.13. The Village of Franklin encourages the development and use of alternative energy sources, such as energy generated by solar and wind facilities, provided that the devices to generate, process and store the energy are safe and will cause no harm to the well-being of adjacent residents or businesses or the neighborhood as a whole.
   (c)   Accessory buildings customarily incidental to uses permitted by Section 1256.02, subject to site plan and special approval requirements in Sections 1268.30 and 1268.32.
   (d)   Any use not otherwise permitted in this Zoning Code (Part 12, Title Four, of the Village of Franklin Code of Ordinances).
      (Ord. 2012-07. Passed 11-12-12; Ord. 2015-02. Passed 9-21-15; Ord. 2021-04. Passed 10-11-21.)
   1256.04   ACCESSORY USES, BUILDIN

1256.04 ACCESSORY USES, BUILDINGS AND STRUCTURES.

   The following accessory uses, buildings and structures shall be permitted in the C-1, Commercial District, subject to Section 1268.13:
   (a)   Outdoor advertising signs, only when pertaining to the sale, rental or use of the premises on which they are located, or to the goods sold or activities conducted thereon. Such signs shall be displayed flat against the wall on the front or side elevation of the building and shall not project above the roof line (see also Chapter 1474 of the Codified Ordinances of the Village).
   (b)   Accessory structures, uses and signs, excluding buildings, customarily incidental to uses permitted by Section 1256.02.
   (c)   Accessory buildings customarily incidental to uses permitted by Section 1256.02, subject to site plan and special approval requirements in Sections 1268.30 and 1268.32.
   (d)   The Village of Franklin encourages the development and use of alternative energy sources, such as energy generated by solar and wind facilities, provided that the devices to generate, process and store the energy are safe and will cause no harm to the well-being of adjacent residents or businesses or the neighborhood as a whole. Alternative energy facilities are considered to be accessory structures, and are subject to the following site plan and use approval requirements:
      (1)   Wind energy facilities, whether freestanding or attached to the principal building, require site plan review in accordance with Section 1268.30 and special use approval in accordance with Section 1268.32.
      (2)   Ground-mounted solar energy facilities require site plan review in accordance with Section 1268.30, and special use approval in accordance with Section 1268.32.
      (3)   Roof-mounted solar energy facilities require zoning compliance approval in accordance with Section 1242.02 and shall comply with Section 1268.13A, Roof-Mounted Solar Energy Systems.
(Ord. 2010-05. Passed 5-10-10; Ord. 2012-07. Passed 11-12-12; Ord. 2015-02. Passed 9-21-15; Ord. 2020-05. Passed 9-14-20.)

1256.05 SITE PLAN REVIEW.

   For all uses permitted in a C-1 District, there must be site plan review as required under Section 1268.30.
(Ord. 101. Passed 2-20-70; Ord. 2010-05. Passed 5-10-10; Ord. 2012-07. Passed 11-12-12.)

1256.06 PROTECTIVE SCREENING.

   C-1 parcels adjacent to land within a Single-Family Residential District or used for residential purposes shall provide protective screening in compliance with the regulations set forth in Sections 1268.28 and 1268.29.
(Ord. 101. Passed 2-20-70; Ord. 2010-05. Passed 5-10-10; Ord. 2012-07. Passed 11-12-12; Ord. 2021-02. Passed 7-19-21.)

1256.07 AREA, HEIGHT, BULK AND PLACEMENT REQUIREMENTS.

   Area, height, bulk and placement requirements for the C-1 District shall be as established in the schedule provided in Appendix B following the text of this Zoning Code.
(Ord. 101. Passed 2-20-70; Ord. 2010-05. Passed 5-10-10; Ord. 2012-07. Passed 11-12-12.)