1. Purpose: Under some unusual circumstances, a use which more intensely affects an area than those uses which are permitted in the zoning district in which it is proposed to be located may nevertheless be desirable and also compatible with the permitted uses within the zoning district, if the proposed use is properly controlled and regulated. The purpose of this Section is to establish the provisions whereby the Planning Commission may allow such uses to exist as conditional uses in specific zoning districts where these unusual circumstances exist and where the proposed uses will be consistent with the general intent and purpose of this UDO.
2. Applicability:
   1. A use designated as a Conditional Use may be permitted in a zoning district, in accordance with this Section, when its location, extent and method of development will not substantially alter the character of the vicinity or unduly interfere with the use of adjacent lots in the manner prescribed for the zoning district. To this end, if the Planning Commission decides to grant a Conditional Use Permit, it may set forth additional requirements or conditions, or modify or waive any requirement, as will, in its judgment, render the Conditional Use compatible with the existing and future use of adjacent lots and the vicinity.
   2. When a proposed use involves two or more Conditional Uses, the applicant shall seek a Conditional Use Permit for each such use, which may be done by one application (including one development plan, site plan, and/or construction plan, as required). The proposed uses shall meet the specific standards for each use, except as such requirements are modified or waived by the Planning Commission.
3. General Provisions: The following general provisions shall apply:
   1. Administration: Any owner of property in the City may submit an application to the Planning Commission requesting a Conditional Use Permit. Conditional Uses may be permitted in certain zoning districts, as listed in Table 1107.12-1 and Table 1107.12-2. The procedure required prior to authorization of a Conditional Use Permit shall be as prescribed in this Section and Section 1115.09.
   2. Use Standards: A Conditional Use. and its accessory uses, may be permitted in a zoning district only when the use, and its location, extent, and method of development, will not substantially alter the character of the area or interfere with the use of adjacent lots in the manner prescribed for the zoning district. In addition, the particular facts and circumstances of each proposed use shall be reviewed for conformity with the General Standards for Approval outlined in section 1113.01(d) and the Specific Standards contained in Section 1113.01(e).
   3. Development Standards: A Conditional Use, and its accessory uses, must meet the dimensional standards for the zoning district in which it is located per Chapter 1107, and any applicable development standards per Chapter 1111.
   4. Compatibility: The standards established in the underlying zoning district in which the Conditional Use is proposed to be located shall apply to the Conditional Use as well as any use specific standards in Chapter 1107.
   5. Similar Uses: For any proposed use not specifically listed as a conditional use, but that appears to be similar to other listed Conditional Uses, the applicant may file with the Planning Commission for a determination of similar use. Upon such determination, the Planning Commission shall apply the specific standards for the determined similar use to the proposed use.
4. General Standards for Approval: A Conditional Use shall not be granted unless it meets all of the following standards, in addition to any Specific Standards for Approval for the particular use under subdivision (e) of this Section:
   1. The proposed use is a Conditional Use in the zoning district for which it is proposed;
   2. The proposed Conditional Use will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Development Plan or this UDO;
   3. The proposed Conditional Use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the neighborhood;
   4. The proposed Conditional Use will not be hazardous or unreasonably disturbing to existing or future neighboring uses;
   5. The proposed Conditional Use will be served adequately by essential public facilities and services such as streets, police and fire protection, drainage, water and sewer, or the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;
   6. The proposed Conditional Use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
   7. The proposed Conditional Use will not involve uses, activities, processes, materials, equipment and conditions or operations that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
   8. The proposed Conditional Use will have vehicular approaches to the property that are designed so as not to interfere with traffic on surrounding public thoroughfares; and
   9. The proposed Conditional Use will not result in the destruction, loss or damage of a natural, scenic, or historic features of major importance.
5. Validity: A Conditional Use Permit issued under this Section shall have no expiration date, but shall be subject to revocation, as provided below. Conditional Use Permits shall be specific to the applicant and the building, structure and/or address for which the Permit is approved; they shall not be transferable to a subsequent owner, tenant or occupant of the designated building, structure and/or address, nor shall they transfer with the applicant to another location. A Conditional Use Permit shall terminate upon the building, structure and/or address no longer being used for such Conditional Use, or upon the change of occupancy of such building, structure and/or address, or upon violation of any provisions of this Section.
6. Revocations:
   1. The following shall be considered as grounds for the revocation of a Conditional Use Permit at any time during the term of the Permit:
      1. The violation of any one or more of the general or specific conditions of the Permit or of any special conditions placed upon the Permit by the Planning Commission;
      2. Any change in use that is different from that specified as permitted in the granted Permit;
      3. Any change in extent of use that results in a violation of the conditions of the Permit or any regulations contained in this UDO; and/or
      4. Failure to allow periodic inspections by the Zoning Official or his designee at any reasonable time;
   2. For any of the reasons listed above, Planning Commission may, upon the recommendation of the Zoning Official, revoke a Conditional Use Permit. The holder of said Permit shall be notified of the time, date and place at which Planning Commission intends to consider a revocation of his Permit, and shall be given an opportunity to address Planning Commission on the matter.
   3. Conditional Use Permits that have been revoked may not be applied for again until a period of one year has lapsed from the date of revocation.
   4. The provisions of the Section shall not be construed as limiting in any manner the powers or authority of the City of Franklin to protect the health, safety and welfare of its residents, including the investigation and elimination of nuisances.

(Ord. 2009-14. Passed 7-6-09; Ord. 2010-22. Passed 12-6-10; Ord. 2013-09. Passed 6-17-13; Ord. 2013-18. Passed 11-4-13; Ord. 2014-17. Passed 1-5-15; Ord. 2017-01. Passed 2-6-17.)

1. Purpose: Within the zoning districts established by this UDO or amendments that may later be adopted, there may exist lots, structures and uses of land and structures that were lawful before this UDO was passed or amended, but would be prohibited, regulated or restricted under the terms of this UDO or a future amendment. It is the intent of this UDO to permit these nonconformities to continue until they are removed or discontinued, but not to encourage their continuance. Such uses are declared by this UDO to be incompatible with permitted uses in the zoning districts involved. It is further the intent of this UDO that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the zoning district, except by appeals to the Appeals Board for approval of specific plans, and with the exception that construction of accessory structures including decks, porches and detached garages meeting proper setbacks on their own shall not require approval by the Appeals Board.
2. Incompatibility of Nonconformities: Nonconformities are declared by this UDO to be incompatible with permitted uses in the zoning districts in which such uses are located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this UDO by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the zoning district in which such use is located.
3. Avoidance of Undue Hardship: To avoid undue hardship, nothing in this UDO shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this UDO, and upon which actual building construction has been carried on diligently. “Actual construction” is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently to completion within two (2) years.
4. Certificates of Nonconformance: The Zoning Official may, upon his/her own initiative, or shall upon the request of any owner, issue a Certificate of Zoning Compliance for any lot, structure, use of land, use of structure or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The Certificate shall specify the reason why the use is a valid nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this paragraph is to protect the owners of lands or structures that are, or are becoming, nonconforming. One copy of the Certificate shall be returned to the owner and one copy shall be retained by the Zoning Official, who shall maintain, as a public record, a file of all such nonconforming lots, structures, uses of land, uses of structures, or uses of structures and land in combination.
5. Substitution/change of Nonconforming Uses: So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon application to and approval by the Appeals Board, be changed to another nonconforming use of the same classification or of a less intensive classification, provided that the Appeals Board shall find that the use proposed for substitution is equally appropriate or more appropriate to the zoning district than the existing nonconforming use. In permitting such change, the Appeals Board may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a punishable violation of this UDO. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be reverted to a more intensive use or other nonconforming use.
6. Single Nonconforming Lots of Record: In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory structures may be erected on any single nonconforming lot of record at the effective date of adoption or amendment of this UDO. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both (that are generally applicable in the zoning district), provided that yard dimensions and requirements other man those applying to area or width, or both, of the lot shall conform to the regulations for the zoning district in which such lot is located.
7. Nonconforming Lots of Record in Combination: If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this UDO, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area in the zoning district in which such lots are located, the lots involved shall be considered to be an undivided parcel for the purposes of this UDO. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this UDO, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements for the zoning district, as stated in this UDO.
8. Nonconforming Uses of Land: At the time of adoption of this UDO or upon the amendment of this UDO, if lawful uses of land exist which would not be permitted by the regulations imposed by this UDO, these uses may be continued so long as they remain otherwise lawful, provided that:
   1. No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this UDO;
   2. No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this UDO;
   3. If any such nonconforming uses of land are voluntarily discontinued or abandoned for more than six (6) months (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this UDO for the zoning district in which such land is located; and
   4. No additional structure not conforming to the requirements of this UDO shall be erected in connection with such nonconforming use of land.
9. Nonconforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of this UDO that could not be built under the terms of this UDO by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
   1. No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
   2. Should such nonconforming structure or nonconforming portion of a structure be destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of such structure, it shall not be reconstructed except in conformity within the provisions of this UDO; and
   3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.
10. Nonconforming Uses of Structures or of Structures and Land in Combination: If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this UDO that would not be allowed in the zoning district in which it is located under the terms of this UDO, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:
    1. No existing structure devoted to a use not permitted by this UDO in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
    2. Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this UDO, but no such use shall be extended to occupy any land outside such building;
    3. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zoning district, and the nonconforming use may not thereafter be resumed;
    4. When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than six (6) months (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and
    5. When nonconforming use status is applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
11. Termination of Use Through Discontinuance: When any nonconforming use is discontinued or abandoned for more than six (6) months, it shall not thereafter be continued or resumed, nor shall it be substituted or replaced with another nonconforming use. Upon such termination, any new use shall be in conformity with the regulations of the zoning district in which it is located. The intent to continue a nonconforming use shall not be evidence of its continuance.
12. Termination of Use by Damage or Destruction: In the event that any nonconforming building or structure is destroyed by any means to the extent of more than fifty percent (50%) of the cost of replacement of such structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all applicable regulations of this UDO.
    1. When such a nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or less of the replacement cost, no repairs or rebuilding shall be permitted except in conformity the following conditions:
       1. A Certificate of Zoning Compliance pertaining to such restoration shall be applied for within three (3) months and issued within six (6) months of such destruction, and rebuilding shall be diligently pursued to completion within one (1) year of the issuance of the Certificate, with the exception that the Zoning Official may allow no more than one six (6) month extensions for extenuating circumstances, and Council may allow a second six (6) month extension for extenuating circumstances; and
       2. Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to such damage or destruction.
       3. If such restoration is not completed within the one (1) year allowed, or within such extensions as may be granted by the Zoning Official and Council, the structure or building shall be demolished and removed within six (6) months. If the owner fails to demolish and remove such structure as required, the City may cause such building or structure to be demolished and removed and place the costs therefore as a lien upon the property, to be placed on the tax duplicate, and to be collected as other taxes are collected.
    2. Exceptions:
       1. If the nonconformity is the sole result of noncompliance with current setback regulations, the building or structure may be rebuilt, restored and reoccupied, as of right, for any conforming use so long as the building or structure is built upon the exact footprint of the previous building or structure, and the new building or structure complies in all other respects with this UDO.
       2. If the nonconformity is the result of a single-family dwelling in a zoning district that does not permit single-family residences (a nonconforming use of land), the single-family residence may be rebuilt, restored and reoccupied, as of right, provided that the new single-family residence complies in all other respects with this UDO.
13. Repairs and Maintenance: On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement on non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this Section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required.

(Ord. 2009-14. Passed 7-6-09; Ord. 2010-22. Passed 12-6-10; Ord. 2017-19. Passed 7-17-17.)

1. Purpose and Applicability:
   1. The purpose of this section is to regulate the placement, construction and appearance of above-ground utility structures in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive utility marketplace in the City.
   2. This section shall apply to structures that house above-ground utility devices such as electrical transformers, switch boxes, telephone pedestals, telephone boxes, cable television boxes and similar devices, excluding the following:
      1. Utility boxes or structures that are attached to and located within at least two feet (2') of the principal dwelling and the serve the principal dwelling;
      2. Utility boxes or structures that are traffic signal control boxes;
      3. Utility boxes or structures of which all dimensions (height, length and depth) are twenty-four inches (24") or less;
      4. Utility boxes or structures that are pole-mounted and the box or structure is at least fifteen feet (15') above grade, where each dimension of the box or structure is less than thirty-six inches (36").
2. Placement Standards:
   1. Public Right-of-Way:
      1. Utility structures may only be located in the public right-of-way in compliance with the City of Franklin's Right-Of-Way Ordinance, Chapter 903 of the Codified Ordinances of the City of Franklin, and the applicable provisions of this Chapter.
      2. The placement of any utility structure shall not obstruct sight distance requirements for public street intersections and private drives as provided in either the City of Franklin's Codified Ordinances or the then current edition of the Ohio Manual for Uniform Traffic Control Devices.
      3. No Utility structure shall be located within five feet (5') of any fire hydrant.
   2. Private Property: Utility Boxes located on private property (property that is not public right-of-way) shall be located:
      1. Only within the area of a recorded easement that permits such a box; or
      2. By authority of a written instrument signed by the owner(s) of all properties on which the utility box is to be located and in which sufficient property rights are granted for the location and placement of such a box.
      3. Landscaping required by these utility structure standards may be located on private property outside of the area of an easement permitting the utility structure; however all required vegetation shall be placed within close proximity (as determined by the Zoning Official) to the utility structure the vegetation is intended to screen. See Screening Standards (below).
3. Minimum Setback Requirements:
   1. Large Utility Boxes shall be defined as those utility structures where any two (2) of the dimensions of the box or structure is greater than thirty-six inches (36") in terms of height, width or depth. The following setback requirements shall apply to Large Utility Boxes:
      1. A Large Utility Box shall not be located in a public right-of-way unless it complies with the provisions of Chapter 903 of the Codified Ordinances and so long as the box adheres to the provisions of this section, specifically the screening and appearance standards.
      2. Placement of Large Utility Boxes in the rear yard and in a non-street side yard shall be encouraged where possible.
      3. Large Utility Boxes may be located within required front and street side yards provided there is adequate screening per the Screening Standards, below.
      4. Large Utility Boxes shall be placed at least twenty-five (25) feet away from any principal dwelling.
      5. Large Utility Boxes located in the front yard or within the required street side yard shall adhere to all landscaping and appearance standards of this section.
   2. Small Utility Boxes shall be defined as those utility structures where each dimension (height, width and length) of the box or structure is less than thirty-six inches (36"). The following setback requirements shall apply to Small Utility Boxes:
      1. A Small Utility Box shall not be located in a public right-of-way unless it complies with the provisions of Chapter 903 of the Codified Ordinances and so long as the box adheres to the provisions of this Chapter, specifically the screening and appearance standards.
      2. Placement of Small Utility Boxes in the rear yard and in a non-street side yard shall be encouraged where possible.
      3. Small Utility Boxes may be located within required front and street side yards provided there is adequate screening per the Screening Standards, below.
      4. If multiple Small Utility Boxes are proposed for placement in the same vicinity in a front yard or within a street side yard, they shall be located as follows:
         1. If two (2) Small Utility Boxes are located within six feet (6') of each other, placement of each box shall be parallel to the closest public right-of-way as much as possible.
         2. If three (3) Small Utility Boxes are located within six feet (6') of each other, placement shall require two boxes parallel to the closest public right-of-way with the third directly behind one of the front (and closer to the right-of-way) Small Utility Boxes.
         3. If four (4) Small Utility Boxes are located within six feet (6') of each other, placement shall be two boxes parallel to the closest public right-of-way, with the third directly behind one of the front two Small Utility Boxes and the fourth directly behind the other front Small Utility Boxes.
         4. If more than four (4) Small Utility Boxes are located within six feet (6') of each other, placement shall be as determined by the Franklin Zoning Official.
4. Appearance Standards:
   1. The exterior color of all utility structures and boxes shall be approved by the Zoning Official prior to installation.
   2. The color and location of all labeling to be placed on the exterior of any utility structure or box shall be approved by the Zoning Official prior to the placement of this labeling.
   3. All labeling on any single utility structure or box shall cover a combined area no larger than one-half square foot (1/2 sq. ft.).
   4. Electric meters that are to be placed in conjunction with a utility structure or box installation shall be placed as follows:
      1. Attached to the appropriate utility structure or box that minimizes its visibility from the closest public right-of-way;
      2. Attached to the side of the utility structure or box and not mounted on top; and
      3. The placement of the meter is to be shown on any electrical permit application that accompanies the proposed utility structure or box application.
   5. If the utility structure installation requires the installation of a pad affixed to the ground, the pad shall be constructed of concrete.
   6. The exterior of the utility structure or box shall be maintained to provide a neat and orderly appearance. The owner or user shall keep the exterior painted and graffiti-free. Upon notice from the City that the exterior of any utility structure or box is in need of maintenance, the owner or user thereof shall have fourteen (14) days from receipt of said notice to correct the problem. If correction is not undertaken within fourteen (14) days, the City may cause the correction or repairs to be done. Fees for such correction or repair shall be immediately due and payable to the City. Notice of such assessment shall be given to the owner or user by mailing such notice to the address utilized by the County Treasurer for tax billing purposes. All assessments not paid within ten (10) days after such mailing shall be certified by the Finance Director to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected. The City may also collect such costs together with interest through a civil action in the appropriate court of law having jurisdiction thereof and seek such additional orders from a court of competent jurisdiction as may be necessary from time to time in order to enforce the provisions of this section.
5. Screening Standards:
   1. Utility structures or boxes on private property shall be screened with landscaping or fencing, as outlined below. Utility structures or boxes in the public right-of-way shall be screened with landscaping, as outlined below, when required by the Zoning Official.
   2. Landscaping:
      1. Unless fences or walls are used to screen the utility structure or box, existing or new landscaping may be used to screen utility structure or box installations, provided that the landscaping shall consist of plants in a quantity, size and location that provide at least fifty percent (50%) opacity after one year's (one growing season) growth.
      2. Unless fences or walls are approved by the Franklin Zoning Official, the minimum number of plants shall be as follows:
         1. For single, Large Utility Boxes, a combination of at least five (5) bushes or trees shall be installed.
         2. For two or more Large Utility Boxes a combination of at least eight (8) bushes or trees shall be installed for the first two Large Utility Boxes, and three (3) more bushes or trees for each additional box.
         3. For single, Small Utility Boxes, located in a front yard or located in a street side yard, a combination of at least three (3) bushes or flowering plants shall be installed.
      3. For multiple Small Utility Boxes located in a front yard or located in a street side yard, a combination of at least five (5) bushes or flowering plants shall be installed for the first two Small Utility Boxes, and thereafter the number of additional plants for each additional Small Utility Box in the same front or street side yard shall be as determined by the Zoning Official.
      4. The location, size and types of required screening plants shall be as approved by the Zoning Official.
      5. At least one third of the required plants shall be evergreen, unless otherwise approved by the Zoning Official.
   3. Fences and Walls:
      1. Fences and walls may be included as elements to meet screening requirements only upon:
         1. The Franklin Zoning Official's determination that such elements are appropriate for the particular utility structure or box location; and
         2. After comment or opportunity for comment by the owners of the properties upon which the utility structure or box is to be located.
      2. All fences and walls must meet the fence and wall provisions of the City's Zoning Code.
   4. Other Screening: If approved by the Zoning Official, the screening of any utility structure or box may be achieved through the placement of the utility structure or box adjacent to existing accessory structures.
   5. Maintenance: The owner of the utility structure or box shall maintain all landscaping and/or fencing or other screening in a neat and orderly manner. Upon notice from the City that the screening of any utility structure or box is in need of maintenance, the owner or user thereof shall have fourteen (14) days from receipt of said notice to correct the problem. If correction is not undertaken within fourteen (14) days, the City may cause the correction or repairs to be done. Fees for such correction or repair shall be immediately due and payable to the City. Notice of such assessment shall be given to the owner or user by mailing such notice to the address utilized by the County Treasurer for tax billing purposes. All assessments not paid within ten (10) days after such mailing shall be certified by the Finance Director to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected. The City may also collect such costs together with interest through a civil action in the appropriate court of law having jurisdiction thereof and seek such additional orders from a court of competent jurisdiction as may be necessary from time to time in order to enforce the provisions of this section.
6. Approvals, Notifications, Information Submissions and Removals.
   1. A Zoning Permit shall be required for the placement, whether permanent or temporary, of any Utility Box on private property or within a public right-of-way.
   2. Administrative Review: The following provisions shall govern the issuance of administrative approvals:
      1. All utility structures or boxes not specifically herein exempted shall require a Certificate of Zoning Compliance and applicable building permits prior to installation.
      2. Each applicant for administrative approval shall apply for a Certificate of Zoning Compliance and provide the information to address the requirements of this section. The application shall include:
         1. A scaled site plan of the proposed utility structure or box location;
         2. Scale drawing indicating the size, material, color, labeling information, and any required pad of the proposed utility structure or box;
         3. A landscaping/screening plan indicating the location, size and types of screening proposed;
         4. A copy of the easement or other written documentation that shows the legal authority and ownership of property rights sufficient for the applicant to place the proposed utility structure or box in the proposed location; and
         5. The applicant shall pay a non-refundable fee to reimburse the City for the costs of reviewing the application.
      3. The application shall be reviewed by the Zoning Official for administrative approval to determine if the proposed use complies with this section as well as all applicable requirements of the underlying zoning district.
      4. If a Certificate of Zoning Compliance in connection with an administrative review is denied, the applicant shall be entitled to file an appeal within twenty (20) days after the Zoning Official's decision. The appeal shall be filed with the Appeals Board and shall specify the grounds for such appeal.
   3. Notification to Property Owners:
      1. As part of the Zoning Permit approval process, the owner of the utility structure or box (or the entity applying for the zoning permit) shall provide written notice of the proposed utility structure or box placement to the owners of the property (lot or parcel) upon which the utility structure or box is to be located, plus written notice to all owners of properties that abut the property upon which the utility structure or box is proposed to be located.
      2. All notices to property owners shall be in writing and sent by U.S. mail, certified, with return receipt (green card) requested. In lieu of U.S. certified mail, the applicant may elect to provide written notice to property owners by hand delivery, and with such election the applicant shall provide proof of delivery by form of receipt and by form of affidavit supplied to the City of Franklin.
      3. The written notice to property owners shall, at minimum, inform the owners of the following:
         1. The applicant's full name, mailing address, phone number and contact person;
         2. A statement that application has or will very soon be filed with the City of Franklin for a Zoning Permit for the installation of a utility structure or box;
         3. A statement briefly describing the size of the proposed utility structure or box and a drawing showing the proposed location of the utility structure or box.
      4. A copy of the written notification to property owners shall be provided to the Franklin Zoning Official as part of the Zoning Permit approval process.
7. Removal of Obsolete Utility Structures:
   1. Obsolete utility structures and/or boxes, including pads, shall be removed and be replaced with grass unless other vegetation is required by the Zoning Official. Restoration of the property shall occur within three (3) months after the abandonment of the Utility Box. Unless otherwise provided for, all restoration costs and expenses shall be the obligation of the Utility Provider or applicant.
   2. Utility structures and/or boxes of a Provider who fails to comply with this section and which remain unused facilities shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to: abating the nuisance; or taking possession of the facilities and restoring them to a useable condition subject to the finding of the PUCO pursuant to the requirements of Ohio R.C. 4905.20 and 4905.21; or requiring removal of the facilities by the Provider. If the City abates the nuisance it may take all action necessary to recover its costs to abate said nuisance, including but not limited to, those methods set forth in Ohio R.C. 715.261.

(Ord. 2009-14. Passed 7-6-09.)