Franklin City Zoning Code
ARTICLE XIX
Supplementary Regulations: Heights, Lot Sizes, Yards, etc.
§ 19.1 Table of requirements.
Table I summarizes the requirements for lot sizes, yards and structure height applicable in specific districts.
§ 19.2 Additional requirements, exceptions and limitations.
[Amended by Ord. of 11-24-1997(9); Ord. of 11-24-1997(10)]
In addition to requirements for lot sizes, yards and the height of structures outlined in the articles concerning each district for specific uses and types of uses, there are established specific requirements for modifications to these requirements.
(1)
Height limitations do not apply to:
(a)
Barns, silos or other farm structures.
(b)
Elevators, derricks, towers and other necessary industrial equipment, provided these are at least 50 feet from a property line.
(c)
Church spires, belfries, cupolas, domes, monuments, water towers, windmills, chimneys, smokestacks, flagpoles, radio towers, masts and aerials.
(d)
Parapet walls, extending not more than four feet above the limiting height of the building.
(2)
Any lot lawfully of record may be used for a single-family dwelling, even though such lot does not meet the current lot area or lot frontage (width) requirements of the district, provided all other regulations of this ordinance are satisfied. Such single family dwelling shall not be deemed to be nonconforming.
[Amended 8-28-2006 and 9/25/2023
(3)
Front yards on through lots. On any lot that runs through a block from street to street, a front yard as otherwise required in the zone shall be provided along each street lot line. This requirement shall not apply to lots that back up to alleys.
[Amended 9/25/2023
(4)
Front yard requirements in developed areas. Where existing buildings or structures occupy lots comprising at least fifty percent (50%) of the lots within a block, and the average front yard depth of the existing buildings or structures is less than that required by this ordinance, the average so established may be taken in lieu of that which is normally required, provided that in no case shall a front yard depth so determined be less than fifteen (15) feet, or less than the setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of this calculation, lots on the same side of a street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered.
[Amended 9-25-2023]
(5)
Setback measurement from right-of-way.
[Amended 9-25-2023]
(a)
If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line, except where such line may be modified or supplemented by any officially adopted street widening or location plan of the City of Franklin or the State of Virginia, an attested copy of which has been or may be filed with the City, in which case, the latter shall control. On streets not covered by the foregoing rule, said yards shall be measured from the existing right-of-way line, except that for the purpose of this ordinance, no street shall be considered as having an established right-of-way less than 50 feet wide.
(b)
In any district, on any lot which fronts on a road having a right-of-way less than fifty (50) feet wide or of undetermined width, the required minimum front yard setback line shall be measured from a point twenty-five (25) feet from the center of such street right-of-way.
(6)
Projections into yards. Architectural features may project into required yards as follows:
(a)
Cornices, canopies, eaves, chimneys or other architectural features may extend not more than 36 inches into a front, rear or street side yard.
(b)
Terraces, decks, steps uncovered porches and landings, not more than three feet above the finished grade, may extend not more than six feet into a front, rear or street side yard.
(c)
Fire escapes may extend not more than four feet, six inches (4.5 feet) into a front, rear, or street side yard.
(d)
Bay windows and balconies occupying not more than one-third of the wall length may extend not more than five feet into a front, rear, or street side yard.
(e)
Any of the architectural features, enumerated in §§ 19.2(6)a. — d., subject to the same conditions, may project into a side yard along an interior side lot line, up to one-fifth of the required side yard width, but no more than three feet in any case.
(7)
Side yard variations. Variations to side yard requirements are required or allowed as follows:
[Amended 9-25-2023]
(a)
On a narrow lot or record at the time of enactment of this zoning ordinance the side yards may be reduced in proportion to the width of the lot, provided that no required side yard may be reduced to less than five feet.
(b)
Corner lot. On a corner lot in any zone, both yards fronting the street shall equal the required minimum frontage, width and front yard setback for that zone. Of the two (2) sides of the corner lot, the front shall be deemed to be the shorter of the two (2) sides fronting on the streets. The Zoning Administrator has the ability to waive this requirement In the cased of developed neighborhoods where structures have historically been allowed to encroach in the corner side setback consistent with the existing development pattern.
(c)
Side yard exceptions for attached dwellings. In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements.
(d)
Measure of setback distances or required yards. Setback distances or required yards shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.).
(8)
On a lot less than 100 feet deep, of official record at the time of enactment of this ordinance, the rear yard may be reduced to 40 percent of the lot depth, but to no less than 15 feet in any case.
[Amended 9/25/2023]
(9)
Prohibited uses. The following uses are specifically excluded from all residential districts:
[Amended 9/25/2023]
(a)
Unless otherwise expressly permitted, the use of a recreational vehicle as a temporary or permanent residence.
(b)
The use of a motor vehicle permanently parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted.
(c)
It shall be unlawful for any person, firm or corporation to keep on any property any watercraft which is inoperable, except within a fully enclosed building or structure or otherwise shielded or screen from view. Shielded or screened from view means not visible by someone standing at ground level from outside of the property on which the subject vehicle is located.
(d)
Parking of a commercial vehicle overnight shall be prohibited, unless otherwise expressly permitted by this ordinance.
(e)
No construction machinery or similar equipment shall be parked overnight unless the machinery is incidental to improving the premises.
(10)
Where a court is provided for the purpose of furnishing light and air to rooms in which persons are to live, sleep or work, except storage rooms, such court shall be an outer court, open on at least one side and shall have at least the following dimensions:
(a)
Dwelling and other buildings in R districts, the least width shall be the sum of the heights of building wings opposite one another or a minimum of 50 feet.
(b)
Non-dwelling structures in B or M districts, two-thirds of the sum of the heights of building wings opposite one another or a minimum of 40 feet.
(c)
In all cases, the maximum depth shall be one and one-half times the width.
(11)
Accessory uses.
(a)
A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use.
[Amended 9/25/2023]
(b)
An accessory use does not have to be connected with a principle use. However, their association must take place with sufficient frequency that there is common acceptance of their relatedness.
[Amended 9-25-2023]
(c)
In any residential district requirements for accessory structures shall be as follows:
i.
Accessory structures located in any part of a rear yard may not exceed 30 percent of the area of the required rear yard.
ii.
Accessory structures may not exceed 18 feet in height.
iii.
Accessory structures located in a rear yard shall be set back at least three feet from any rear lot line or from any side lot line and at least six feet from any alley except if such structure is more than 12 feet in height, it shall be set back at least ten feet from any rear lot line, from any alley or from any side lot line.
iv.
Accessory structure requirements in developed areas. On a corner lot any accessory structure in the rear yard shall be set back as far away from the adjacent street as the principal structure except that such structure in the required rear yard of such corner lot shall be no closer to the corner side street than the principle dwelling located on the adjacent lot to the rear of the corner lot.
v.
Accessory structures located in a front or side yard shall be set back as far from the front and side lines as the principal structure must be.[1]
[1]
Editor's Note: The District Regulations Table, which immediately followed this section, is included as an attachment to this chapter.
vi.
Accessory Dwelling Units (ADU's) as allowed by the zoning district shall meet the following criteria:
[Added by Ord. No. 2018-05,, 6-25-2018]
1.
ADU's shall be located in the rear yard only.
2.
ADU's are limited to a minimum of 300 and a maximum of 900 square feet of living space and shall be smaller in area than the main structure.
3.
No more than one (1) ADU shall be allowed per lot.
4.
ADU's must meet the minimum side yard setback as the main structure.
vii.
The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to residential principal uses:
[Amended 9/25/2023]
1.
Hobbies or recreational activities of a noncommercial nature.
2.
The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling.
3.
Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three (3) days (whether consecutive or not) during any ninety-day period.
viii.
The square footage of an accessory building shall not exceed the square footage of the primary structure.
[Amended 9/25/2023]
ix.
Special regulations for a guest house:
[Amended 9/25/2023]
1.
Location. A guest house shall be permitted as indicated in the zoning district regulations as an accessory structure and shall meet the required setbacks for the primary structure.
3.
Maximum floor area. The maximum floor area of a guest house shall not exceed thirty percent (30%) of the floor area of the primary dwelling, excluding garages, breezeways, patios, decks, etc.
4.
Maximum number of bedrooms. No more than two (2) bedrooms are permitted in a guest house.
5.
Maximum number of guest houses. There shall be no more than one (1) guest house permitted per residential lot or parcel.
6.
Exterior appearance. The design of a guest house shall maintain and enhance the character and exterior appearance of the primary dwelling.
7.
A quest house shall not contain kitchen facilities.