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ZONING RESOLUTION

FRANKLIN COUNTY, TENNESSEE

April, 1974

Reprinted August 15, 1991 With Amendments

Reprinted February 22, 1993 With Amendments

Reprinted November 3, 1995 With Amendments

Reprinted August 31, 1999 With Amendments

Reprinted April 30, 2001 With Amendments

Reprinted November 17, 2005 With Amendments

Reprinted April 15, 2008 With Amendments

Reprinted October 16, 2008 With Amendments

Reprinted April 10, 2014 With Amendments

Reprinted January 7, 2017 With Amendments

Amended 10-16-17; 7-16-18; 12-3-18; 9-21-20; 6-20-22; 12-5-22

TABLE OF CONTENTS

PAGE

ARTICLE I TITLE 3

ARTICLE II PURPOSE 4

ARTICLE III DEFINITION OF TERMS 5

ARTICLE IV GENERAL PROVISIONS 22

ARTICLE V ESTABLISHMENT OF DISTRICTS 35

ARTICLE VI PROVISIONS GOVERNING RESIDENTIAL

DISTRICTS

ARTICLE VII PROVISIONS GOVERNING MIXED USE DISTRICTS

ARTICLE VIII PROVISIONS GOVERNING COMMERCIAL

DISTRICTS

ARTICLE IX PROVISIONS GOVERNING INDUSTRIAL

DISTRICTS

ARTICLE X PROVISIONS GOVERNING AGRICULTURAL

DISTRICTS

ARTICLE XI FLOODPLAIN DISTRICTS

ARTICLE XII EXCEPTIONS AND MODIFICATIONS

105

ARTICLE XIII ENFORCEMENT

107

ARTICLE XIV BOARD OF ZONING APPEALS

111

ARTICLE XV AMENDMENTS

117

ARTICLE XVI LEGAL STATUS PROVISIONS 118

A RESOLUTION, IN PURSUANCE OF THE AUTHORITY GRANTED BY SECTIONS 13-401

THROUGH 13-416, TENNESSEE CODE ANNOTATED, TO PROVIDE FOR THE

ESTABLISHMENTS OF DISTRICTS WITHIN FRANKLIN COUNTY, TENNESSEE: TO

REGULATE WITHIN SUCH DISTRICTS THE LOCATION, HEIGHT, BULK, NUMBER OF

STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOT

OCCUPANCY, THE SIZE OF OPEN SPACES, THE DENSITY OF POPULATION, AND THE USES

OF LAND, BUILDINGS, AND OTHER STRUCTURES: TO PROVIDE METHODS OF

ADMINISTRATION OF THIS RESOLUTION AND TO PRESCRIBE PENALTIES FOR THE

VIOLATION THEREOF.

BE IT ENACTED BY THE QUARTERLY COURT OF FRANKLIN COUNTY, TENNESSEE, AS

FOLLOWS:

ARTICLE I

TITLE

This resolution shall be known as the "Zoning Resolution of Franklin County, Tennessee," dated April,

1974. The map herein referred to as the "Zoning Map of Franklin County, Tennessee," dated April,

1974, and all explanatory matter thereon is hereby adopted and made a part of this ordinance.

ARTICLE II

PURPOSE

The zoning regulations and districts as herein set forth have been made in accordance with a

comprehensive plan for the purpose of promoting the health, safety, morals, convenience, order,

prosperity and general welfare of the present and future inhabitants of Franklin County, including

among other things, lessening congestion on the roads or reducing the wastes of excessive amounts of

roads; securing safety from fire and other dangers; promoting, adequate light and air, including

protecting and encouraging access to sunlight for solar energy systems; preventing, on one hand,

excessive concentrations of population and, on the other hand excessive and wasteful scattering of

population or settlement; promoting such distribution of land development and utilization as will tend to

facilitate and conserve adequate provisions for transportation, water flowage, water and supply,

drainage, sanitation, educational opportunity, recreation, soil conservation and fertility, food supply and

the protection of both urban and non-urban development, property and building values. To protect the

environment in order to insure the future quality of the air, the water and the land.

ARTICLE III

DEFINITION OF TERMS

Unless otherwise stated, the following words shall, for the purpose of this resolution, have the meanings

indicated: The present tense includes the future; singular includes the plural, and the plural the singular;

"shall" in all cases is mandatory.

Abuts or Abutting: Lots of land adjoining but separated by a common property line; also, those

lots or lands which adjoin if property lines are extended to the center lines of roads.

Access Road: A road providing access to any site, structure, facility, feature, or land use area

from any road.

7-16-18 Accessory Dwelling Unit (ADU): Living quarters situated within an accessory structure, as a

customary incidental use to a single family dwelling. The ADU shall be clearly subordinate to the

single family dwelling. The ADU shall not exceed 1000 square feet of living space and is limited to

one (ADU) per lot in conjunction with a single family dwelling. Either the single family dwelling or

the ADU shall be owner occupied. Mobile homes are not allowed as accessory dwelling units.

Accessory Structure: A subordinate detached structure, the use of which is incidental to that

of a principal structure on the same lot.

4-19-99 Act: The statutes authorizing the National Flood Insurance Program that are incorporated in 42

U.S.C. 4001-4128.

Active Portion: That portion of a waste treatment, processing, storage, or disposal facility where

treatment, processing, storage, or disposal operations are being or have been conducted and

which has not completed the closure and post closure requirements of rules and regulations

promulgated by the State of Tennessee.

Activity: The performance of a function or operation which constitutes the use of land.

Addition (To An Existing Building): Any walled and roofed expansion to the perimeter of a

building in which the addition is connected by a common load-bearing wall other than a fire wall.

Any walled and roofed addition which is connected by a fire wall or is separated by independent

perimeter load-bearing walls is new construction.

10-16-00 Adult Bookstore: Means a business which offers as its principal stock or trade, sexually oriented

material, devices, or paraphernalia or specified sexual activities, or any combination or form

thereof, whether printed, filmed, recorded or live and which restricts or purports to restrict

admission to adults or to any class of adults.

10-16-00 Adult Cabaret: Means an establishment which features as a principal use of its business,

entertainers and/or waiters and/or bartenders who expose to public view of the patrons within

such establishment, at any time, the bare female breast below a point immediately above the top

of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque

material or completely covered by translucent material; including swim suits, lingerie, or latex

covering. "Adult cabaret" includes a commercial establishment which features entertainment of

an erotic nature including exotic dancers, strippers, male or female impersonators, or similar

entertainers.

10-16-00 Adult Entertainment: Means any exhibition of any adult oriented motion picture, live

performance, display or dance of any type, which has as a significant or substantial portion of

such performance, any actual or simulated performance of specified sexual activities of

exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing

unclothed, pantomime, modeling, or any other personal service offered customers.

10-16-00 Adult Mini-Motion Picture Theater: Means an enclosed building with a capacity of less than

fifty (50) persons regularly used for presenting material distinguished or characterized by an

emphasis on matter depicting, describing or relating to "specified sexual activities" or

"specified anatomical areas" as defined in this section, for observation by patrons therein.

10-16-00 Adult Motion Picture Theater: Means an enclosed building with a capacity of more persons

regularly used for presenting material having as a dominant theme or presenting material

distinguished or characterized by an emphasis on matter depicting, describing or relating to

specified sexual activities or specified anatomical areas as defined below, for observation by

patrons therein.

10-16-00 Adult Oriented Establishment: Includes but not limited to, an adult bookstore, motion picture

theater, adult mini-motion picture establishment, adult cabaret, escort agency, sexual encounter

center, massage parlor, rap parlor, sauna, and further "adult-oriented establishment" means any

premises to which the public patrons or members are invited or admitted and which are so

physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from

the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or

wherein an entertainer provides adult entertainment to a member of the public, a patron or a

member, when such adult entertainment is held, conducted, operated or maintained for a profit,

direct or indirect. "Adult-oriented establishment" further includes, without being limited to, any

adult entertainment studio or any premises that is physically arranged and used as such, whether

advertised or represented as an adult entertainment studio, rap studio, exotic dance studio,

encounter studio, sensitivity studio, model studio, escort service, escort or any other term of like

import.

3-17-14 Agriculture: The land, buildings and machinery used in the commercial production of farm

products and nursery stock; the activity carried on in connection with the commercial production

of farm products and nursery stock; and recreational and educational activities on land used for

the commercial production of farm products and nursery stock. As used in this definition of

agriculture, the term "farm products" means forage and sod crops; grains and feed crops; dairy

and dairy products; poultry and poultry products; livestock, including breeding and grazing;

fruits; vegetables; flowers; seeds; grasses; forestry products; fish and other aquatic animals used

for food; bees; equine; and all other plants and animals that produce food, feed, fiber or fur. As

used in this definition of agriculture, the term "nursery stock" means all trees, shrubs, or other

plants, or parts of trees, shrubs or other plants, grown or kept for, or capable of, propagation,

distribution or sale on a commercial basis.

Alley: Any public or private way less than thirty (30) feet in width set aside for public travel.

Apartment: A housing structure containing four (4) or more separate dwelling units.

4-19-99 Appeal: A request for a review of the Building Commissioner’s interpretation of a provision of

this Resolution or a request for a variance.

Arterial Road or System: A continuous highway or system of highways which connects cities

and concurrently absorbs collector traffic.

Attached: An enclosure sharing a common wall, roof or floor.

Automobile Graveyard (Junk Yard): A yard, field or other area used as a space of storage for

two (2) or more unserviceable, discarded, worn-out or junked motor vehicles. A motor vehicle

is defined as any self-propelled vehicle not operated exclusively on tract including motorcycles.

Automobile Storage Area: An off-road area reserved and suitable for automobile storage or

parking, providing safe vehicular access to a public road or alley. See definition of Parking Area.

Basement: That portion of a building having its floor subgrade (below ground level) on all sides.

Bale Fill: A sanitary landfill utilized for the disposal of solid waste that has been baled.

Baling Facility: An area used for the baling of solid waste, which includes the building or

buildings housing the baling equipment, offices, tipping area, loading area, drives, maneuvering

areas, parking areas, and other activities associated with the baling process.

Baling: A method of mechanically compacting and restraining (binding) solid waste to achieve

high density and reduce the waste to the smallest practical volume.

6-20-05 Bed and Breakfast Homestay: A home occupation that provides one (1) to three (3) rooms for

occasional paying guests on an overnight basis for periods not to exceed fourteen (14) days with

one (1) daily meal being available on the premises. A bed and breakfast homestay is allowable

only in a building originally constructed as a single-family residential dwelling.

6-20-05 Bed and Breakfast Inn: An operator or owner occupied home that provides four (4) to twelve (12)

rooms for paying guests on an overnight basis for periods not to exceed fourteen (14) days with

one (1) daily meal being available on the premises. Bed and breakfast inns are subject to

approval by the Tennessee Department of Health in addition to all local regulatory requirements.

4-19-99 Bluff: A change in elevation of not less than fifty (50) feet at a slope of not less the 40% (20’

horizontal in 50’ vertical).

Buffer Zone: The area surrounding the active portion of a land use area determined by horizontal

measurement between existing structures or features and the nearest boundary of the active

portion of a facility or land use operation.

1-22-08 Building: Any structure built for support or shelter or enclosure for any occupancy or storage,

whether stationary or movable, except detached gazebos; portable storage outbuildings utilized

for personal residential storage not on a permanent foundation; detached open-type carports made

of metal and moveable and open on two or more sides; detached water well enclosures; detached

underground emergency shelters.

Building, Elevated: A non-basement building built to have the lowest floor elevated above the

ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and

piers), shear walls, or breakaway walls.

1-21-14 Building Line: The line beyond which no building may extend toward the front property

boundary and is synonymous with “setback.” Text reference is the “Minimum Lot Width at the

Building Line” which is referring to the front setback or “Front Yard.”

Bulky Waste: Large items of solid waste such as white goods, furniture, autos or large auto

parts, trees, branches, stumps, and other oversized wastes whose large size precludes or

complicates their handling, processing, baling, or disposal methods.

4-19-99 Campsite: A separate and dedicated pad or cleared or gravel area for the temporary use by

campers, tents, truck mounted campers, tent-trailers or similar recreational uses; or a separate

defined area with a permanent structure, such as a cabin, for the temporary recreational use.

4-19-99 Campground: A site or lot with campsites and other amenities related to recreational activities

whether for profit or not for profit.

1-22-08 Carport: A roofed building or structure that is entirely open on two or more sides, except for

structural supports and primarily used for vehicle or boat storage.

Center Line of Road: That line surveyed and monumented by appropriate governmental

authority as the center of a road. If such line has not been surveyed, it shall be that line running

midway between the outside curbs or ditches of such road.

6-20-05 Centralized Sanitary Sewer System: A sewage treatment and disposal system approved by the

Tennessee Department of Environment and Conservation and operated and maintained by a

Public Utility authorized to operate such systems. This includes all conduits, sewers, and all

devices and appurtenances by means of which sewage and other waste is collected, pumped,

treated, or disposed. This excludes individual Subsurface Sewage Disposal Systems.

10-15-01 Child: A person under seventeen (17) years of age.

10-15-01 Child Care: The wide variety of arrangements made by parents (or guardians) for the care

outside of their home for children under seventeen (17) years of age, for less than 24-hour

periods, without transfer of legal custody.

10-15-01 Child Care Center: Any place or facility operated by an entity or person which provides child

care for thirteen (13) or more children. All required licensing regulations, as administered by the

Tennessee Department of Human Services, must be met.

Circulation: The flow of traffic, goods, or people within and through an area.

Coal Surface Mining Operations:

A. Activities conducted on the surface of lands in connection with a coal surface mine.

Such activities include excavation for the purpose of obtaining coal, including such

common methods as contour, strip, auger, mountaintop removal, box cut, open pit,

and area mining, the uses of explosives and blasting, and loading of coal at or near

the mine site; provided, however, that such activities do not include the extraction

of coal incidental to the extraction of other minerals where coal does not exceed

sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for

purposes of commercial use or sale; and

B. The area upon which such activities occur or where such activities disturb the

natural land surface. Such areas also include any adjacent land, the use of which is

incidental to any such activities, all lands affected by the construction of new roads

or the improvement or use of existing roads to gain access to the site of such

activities for haulage and excavations, workings, impoundments, dams ventilation

shafts, entry ways, refuse banks, dumps, stockpiles, overburden piles, spoil banks,

tailings, holes or depressions, repair areas, storage areas, processing areas, shipping

areas, and other areas upon which are sited structures, facilities, or other property

or materials on the surface, resulting from or incidental to such activities.

Collector Road: An urban road which collects traffic from minor roads and feeds it into the

arterial system.

Commercial Wastes: All solid wastes, which are not special wastes, emanating from

establishments engaged in business. This includes but is not limited to, solid wastes originating

in stores, offices, markets, office buildings, restaurants, shopping centers, theaters and other

commercial sources.

Commercial Waste Management Facility: Any waste management facility that treats, stores, or

disposes of wastes not generated within Franklin County, or any waste management facility

which is not a Franklin County and/or Franklin County municipality owned and/or operated

facility in Franklin County.

Construction/Demolition Waste: Wastes, other than special wastes, resulting from construction,

remodeling, repair and demolition of structures and road building. Such wastes include but are

not limited to bricks, concrete and other masonry materials, soils, rock and lumber, road spoils,

rebar, and paving materials.

1-22-08 Convenient Commercial: The retail sale of small convenience food products, drugs and other

frequently needed small personal convenience items such as toiletries, tobacco, and magazines as

well as the provision of personal convenience services which are typically needed frequently or

recurrently, such as barber and beauty care and self-service laundromats. The dispensing of

petroleum products may be included as accessory to convenience food products retailing. This

definition does not include:

1. The on premises consumption of alcoholic beverages.

2. Entertainment activities such as dancing and music.

10-17-16 Cottage Court: A configuration of between six (6) to twelve (12) detached and/or attached

single-family dwellings, each on their own lot, with each lot abutting onto a common open space

which is oriented perpendicular to the adjacent public thoroughfare, with one side of the common

open space abutting the thoroughfare and three sides abutting the lots which comprise the

Cottage Court. Access to each lot is provided by way of a shared perpetual access easement, in

accordance with provisions set forth in Article IV, Section 2.3.

County and/or Municipal Owned and/or Operated Facility: Any facility that is owned and/or

operated by Franklin County, or any municipality within Franklin County, to provide a service

for the inhabitants of Franklin County and the municipalities within Franklin County.

10-16-00 County: As used in this part, means either a Class A county or a Class B county as classified

in § 57-5-103(b).When county legislative body or county executive is used in this part, it

means metropolitan council or metropolitan mayor when applicable to a Class B county.

Coverage: That portion of a lot which, when viewed directly from above, would be covered by a

building or any part of a building.

Curb Line: The line formed by the edge of the defined pavement as it intersects with a

protruding curb.

10-15-01 Day Care: Synonymous with definition of child care, above.

Detached: A building which is surrounded by yards or other open area on the same zone lot.

Development: Any man-made change to improved or unimproved real estate, including but not

limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or

drilling operations. Agricultural activities such as plowing or cultivating and gardening activities

are not included in this definition of development.

Disposal: The discharging, depositing, injecting, releasing, dumping, spilling, leaking, or placing

of any solid waste into or on any land or water so that such solid waste or any constituent thereof

may enter the environment or be emitted into the air or discharged into any water.

Domestic Waste: Garbage, refuse and rubbish resulting from the normal housekeeping activities

of a residential unit.

Dwelling: A house, mobile home, apartment building, boarding house, tourist home or other

structure designed or used primarily for human habitation. For the purpose of this resolution the

word "dwelling" shall not include a travel trailer, tent, hotel, motel, or tourist court.

9-21-09 Dwelling, Attached: A dwelling unit which is joined to another dwelling unit at one or more

sides by sharing a common wall or roof.

9-21-09 Dwelling, Detached: A dwelling unit which is not attached or joined to another dwelling unit and

is surrounded by yards or open area.

Dwelling Unit: That area in a dwelling structure designed and constructed for the occupancy of

one family.

Emergency Shelter: A structure or portion of a structure intended to provide protection to

human life during periods of danger from nuclear fallout, air raids, storms, and other

emergencies.

4-16-00 Escort Service: Means a person who, for a fee, commission, profit, payment or other monetary

consideration, furnishes or offers to furnish escorts or provides or offers to introduce patrons to

escorts;

(A) “Service-oriented escort bureau” is an escort bureau which:

(i) Maintains an open office at an established place of business;

(ii) Employs or provides only escorts which possess valid permits

issued under this part;

(iii) Does not use an escort bureau runner; and

(iv) Does not advertise that sexual conduct will be provided to a patron.

(B) “Sexually-oriented escort bureau” is an escort bureau which:

(i) Does not maintain an open office;

(ii) Employs as an employee, agent, or independent contractor, uses an

escort bureau runner;

(iii) Advertises that sexual conduct will be provided, or that escorts

which provide such sexual conduct will be provided, referred, or

introduced to a patron;

(iv) Solicits, offers to provide or does provide acts of sexual conduct to

an escort patron;

(v) Employs, contracts with or provides or refers escorts who do not

possess valid permits issued under this part;

(vi) Does not deliver contracts to every patron or customer; or

(vii) Employs, contracts with a sexually-oriented escort or refers or

provides to a patron, a sexually-oriented escort.

4-19-99 Existing Construction: Any structure for which the “start of construction” commenced

before the effective date of this Resolution.

4-19-99 Existing Structures: See Existing Construction.

Facility: All contiguous land and structures, such other appurtenances and improvements on the

land, used for the purpose for which the facility has been approved. A facility may consist of

several units.

Family: One or more persons living as a single housekeeping unit.

10-15-01 Family Day Care Home: A home occupation (in an occupied residence) operated by a person for

the purpose of receiving therein a minimum of five and a maximum of seven children under

seventeen (17) years of age, who are not related (see definition below) to such person and whose

parent(s) or guardian(s) are not residents in the same house, for less than 24-hours per day for

care, without transfer of legal custody. All required licensing regulations, as administered by the

Tennessee Department of Human Services, must be met.

9-15-14 Farm Workers: An employee of a farmer and a person or persons who is (are) actively engaged

in agriculture. (See Definition of Agriculture)

9-15-14 Farmers: A person or persons who is (are) actively engaged in agriculture. (See Definition of

Agriculture)

Farming (limited): The cultivation and fertilization of the soil as well as caring for and

harvesting the crops.

Flashing Sign: A directly or indirectly illuminated sign on which artificial light is not maintained

stationary and constant in intensity and color at all times in use.

Floor: The top surface of an enclosed area in a building (including basement), i.e., top of slab in

concrete slab construction or top of wood flooring in wood frame construction. The term does not

include the floor of a garage used solely for parking vehicles.

Floor Area Ratio (FAR): The floor area in square feet of all buildings on a lot, divided by the

area of such lot in square feet.

1-21-14 Front Yard: The yard extending across the entire width of a lot between the right-of-way line of a

public road, or proposed right-of-way for future development shown on an approved and

recorded subdivision plat and the nearest part of a principal structure, either existing or proposed.

In the case of a corner lot, the regional building commissioner shall identify the front yard(s) for

the purpose of compliance with this resolution. A yard is measured from the property boundary

to the foundation supporting the roofed structure with no regard to the overhang of the roof.

1-22-08 Garage: A structure utilized by the private residential use of the owner or occupant of the lot for

the storage of motor vehicles with no facilities for mechanical service or repair of a commercial

or public nature.

1-22-08

Gazebo: A detached roofed building or structure, less than 200 square feet in area, that is

entirely open on all sides, except for structural supports and primarily used for affording shade

and rest.

Ground sign or Billboard: Any sign not attached to any part of any building and which is

supported by uprights or braces, placed upon the ground.

10-15-01 Group Day Care Home: Any facility operated by a person, social agency, corporation or

institution, or any other group which receives a minimum of eight and a maximum of twelve (12)

children (and up to three additional school-age children who will only be present before and after

school, on school holidays, on school snowdays, and during school summer vacation) for less

than 24-hours per day for care, without transfer of legal custody. Before a group day care home

opens, fire safety and environmental inspectors must approve the facility. All required licensing

regulations, as administered by the Tennessee Department of Human Services, must be met.

Group Housing Development: Two (2) or more dwellings located on the same tract in one

ownership and constructed as a planned development.

Half-Story: A story under a sloping roof, the finished floor area of which does not exceed one-

half of the floor area of the floor immediately below it; or a basement used for human occupancy

if the floor area of the part of the basement thus used does not exceed fifty (50) percent of the

floor area immediately above.

Height of Building: The distance from the established average sidewalk grade or road grade, or

finished grade at the building line, whichever is the highest, to the highest point of a building.

Hazardous Waste: Any wastes defined as hazardous in Tennessee Department of Health and

Environment Rule 1200-1-11-.02(1)_(1), et. seq.

Home Occupation: An incidental occupation customarily carried on in the residence, utilizing no

more than twenty-five (25) percent of the usable floor area of all buildings; provided, (1) no

article or service be sold or offered for sale on the premise other than that produced by such

occupation, and (2) such occupation shall not require the alteration of buildings, new

construction, or equipment and machinery not customarily used in residential areas.

7-18-16 Hotel: A facility with guest rooms or suites rented to the general public for transient lodging

(less than 30 days). Guest room access is provided from an interior walkway and guest facilities

may include dining areas, meeting facilities, personal services, swimming pools, tennis courts

and indoor athletic/fitness facilities.

Infectious Waste: Solid wastes which contain or reasonably may contain pathogens with

sufficient virulence and quality so that exposure to the waste by a susceptible host could result in

an infectious disease. See Tennessee Department of Health and Environment Rule 1200-1-07(2).

Landfill: A facility where wastes are disposed of by burial in excavated pits or trenches or by

placement on land and covering with soil or other suitable material.

Landscape Treatment: The use of both natural and artificial materials to enhance the physical

appearance of a site, to improve its environmental setting, or to screen all or part of one land use

from another.

Loading and Unloading Space: An area for the loading and unloading of trucks or other vehicles

at least fifty (50) feet in depth, twelve (12) feet in width, (with an overhead clearance of not less

than fourteen (14) feet), exclusive of access, platform, or maneuvering area.

Lot: A piece, parcel, or plot of land in one ownership, which may include one or more lots of

record, occupied or to be occupied by one or more principal structures and accessory structures

and including the open spaces required under this resolution.

Lot Lines: The boundaries dividing a given lot from the road, an alley, or adjacent lots.

Lot of Record: A lot whose existence, location, boundaries, and dimensions have been legally

recorded in a deed or plat and filed as legal record.

Maneuvering Areas: Driving and turning lanes in the parking area for access to the parking

spaces.

10-16-00 Massage Parlor: Means an establishment or place primarily in the business of providing massage

or tanning services where one (1) or more of the employees exposes to public view of the patrons

within such establishment, at any time, the bare female breast below a point immediately above

the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by

opaque material or completely covered by translucent material.

7-18-16 Microbrewery: A beer and/or cider-producing establishment which produces fewer than 15,000

barrels per year.

Mining: The extraction of metallic and non-metallic minerals from the earth and includes the

land, buildings and machinery associated with the activity of mining.

6-20-05 Mixed Use: Commercial, educational, medical, and residential uses (in any combination) on any

one lot or in any one structure as regulated in the Zoning Resolution.

Mobile Home or House Trailer: A detached residential dwelling designed for transient use when

utilized with a motor vehicle, and considered as a dwelling with sanitary and utility connections.

This definition does not include modular, prefabricated units transported to the dwelling site.

Mobile Home Park: A place or tract of land upon which two (2) or more mobile homes,

occupied for dwelling or sleeping purposes are located on a single lot or tract of land not

subdivided.

4-19-99 Multi-family dwelling: A residential housing unit designed and constructed for the occupancy of

two or more families.

New Construction: Structures for which the "start of construction" commenced on or after the

effective date of this resolution.

Nonconforming Use: The use of a structure or of land that does not conform with the provisions

of this resolution for the district in which it is located.

Off-Site Sign: A sign which directs attention to a business commodity or service to be, or being

conducted, sold, rented, leased, or otherwise offered for disposition elsewhere than on the

premise.

On-Site Sign: Any sign other than an off-site sign.

Opening for Ingress and Egress: Designated points in a parking area for the orderly entrance and

exit from the parking area from or onto a public road.

Parking Area: An amount of land at least three hundred (300) square feet in area, to provide

parking and driveway space adequate to accommodate one automobile in a parking area.

7-18-16 Parking Space: In Districts other than Mixed Use Districts,

one vehicular parking space at least

two hundred and forty (240) square feet in area and, at least ten (10) feet in width. In Mixed Use

Districts, one vehicular parking space meeting the standards of Article VII.

4-19-99 Person: Any individual or group of individuals, corporation, partnership, association, or any

other entity, including State and local governments and agencies.

Point of Access: On a public road, a driveway cut not exceeding twenty-five (25) feet in width,

except as otherwise provided in this resolution.

Portable Electric Sign: An illuminated sign which directs attention to a business, commodity or

service and is mounted on wheels or frame for moving from location to location.

Principal Activity: An activity which fulfills a primary function of an establishment, institution,

household, or other entity.

Principal Building: A building which contains the principal activity or use located on a zone lot

on which it is situated.

4-19-99 Principal Structure: A structure in which is conducted, or in which is intended to be conducted,

the primary or main use of the lot on which it is situated. In any residential district any dwelling

shall be deemed the principal structure on the lot on which the same is situated. Carports and

garages if permanently attached to the principal structure shall be deemed a part of the principal

structure. Awnings, covered porches, covered patios, or similar attachments shall be deemed a

part of the principal structure with regard to meeting any yard requirement.

6-18-07 Private Road Subdivision: Any platted, approved, and recorded subdivision, as defined in the

Franklin County Subdivision Regulations and Tennessee Code Annotated with private roads; and

with all lots within the subdivision being five (5) acres or greater in area; and has on the plat the

words “Private Road Subdivision.”

Projecting Sign: Any sign extending over the public sidewalk or into the road right-of-way.

Public Utilities: A mutual company or a political subdivision or municipal corporation of the

State of Tennessee, or its lessors or operating agents, engaged in the ownership, control,

operation or management of any plant, equipment or property for the provisions of providing

electricity, water, sanitary sewer, gas, oil, and telephone service.

Quarry: Any pit or excavation made for the purpose of searching for or removal of any soil,

earth, clay, marl, sand, gravel, limestone, marble or other such non-metallic mineral.

10-16-00 Rap Parlor: Means an establishment or place primarily in the business of providing

nonprofessional conversation or similar service for adults.

1-21-14 Rear Yard: The yard extending across the entire width of a lot between the rear lot line and the

nearest part of a principal structure, either existing or proposed. In the case of a corner lot or an

irregularly shaped lot, the Building Commissioner shall identify the rear yard for the purpose of

compliance with this resolution. A yard is measured from the property boundary to the

foundation supporting the roofed structure with no regard to the overhang of the roof.

Recreational Use: A public or privately owned facility designed and intended for leisure time

pursuits such as picnicking, boating, swimming, hiking and open space utilized for organized

games. This does not include commercial facilities such as movie theaters or auditoriums.

Recreational Vehicle: A vehicle which is:

1. built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. designed to be self-propelled or permanently towable by a light duty truck;

4. and not designed primarily for use as a permanent dwelling but as temporary

living quarters for recreational, camping, travel, or seasonal use.

Registration: A process by which a facility is granted a permit to operate under conditions set

forth in the application for the permit. The use of the words "registration" and "permit" are

synonymous and may be used interchangeably.

10-15-01 Related: As pertaining to Day Care provisions, any children under age nine of the following

relationships by marriage, blood, or adoption: children, step-children, grandchildren, siblings,

step-siblings, nieces, and nephews of the primary caregiver.

1-22-08 Residential Subdivision: A subdivision in which any buildable lot is less than five acres.

Right-of-way Line: That line surveyed or approved by appropriate governmental authority as the

outer boundary of a road. Such line is identical to or contiguous with any property line abutting a

road, and is often referred to as "road line."

Road: Any public or private way set aside for public travel which is thirty (30) feet or more in

width. The word "road" shall include the words "road," "highway," and "thoroughfare."

Roof Sign: Any sign erected, constructed, or maintained upon the roof of any building.

1-22-08 Rural Subdivision: A subdivision in which all buildable lots are five acres and greater.

Rules: Refers to any county, municipal regional, state, or federal regulation, law, act, ordinance

or other devise which applies to any facility, operation, or use of any land within Franklin

County. The use of the words "rules", "laws", or "regulations" are synonymous and may be used

interchangeably.

Sanitary Landfill: A method of disposing of wastes into or on land without creating nuisances or

hazards to the public health and safety or to the environment by utilizing the principals of

engineering to confine the waste to the smallest practical area, to reduce it to the smallest

practical volume, and to cover it with a layer(s) of an approved material.

10-16-00 Sauna: Means an establishment or place primarily in the business of providing:

(A) A steam bath; or

10-16-00 (B) Massage services.

Screening: Structures or evergreen vegetation maintained for the purpose of concealing from

view the area behind such structures or evergreen vegetation. When a use is required to be

separated from an adjoining lot or district by screening, such screening shall be of sufficient size

and design to conceal such use from the adjoining lot or district; provided, however, that no

structure used for screening shall exceed the height of eight (8) feet.

Separation Centers: A facility for the collection of domestic wastes from individual

households designed to encourage waste stream reduction by separating recyclable materials

such as metals, glass, paper, cardboard, plastics, whiteware, wood, compostable materials,

potentially hazardous materials, tires, batteries, etc.

6-20-05 Service Station: Any Premises where gasoline and other petroleum products are sold and/or light

maintenance activities such as engine tune-ups, lubrication, and minor repairs are conducted.

Service stations shall not include premises where heavy automobile maintenance activities such

as engine overhauls, automobile painting, and body work is conducted.

10-16-00 Sexual Conduct: Means the engaging in or the commission of an act of sexual intercourse, oral-

genital contact, or the touching of the sexual organs, pubic region, buttocks or female breast of a

person for the purpose of arousing or gratifying the sexual desire of another person.

10-16-00 Sexual Encounter Center: Means a business or commercial enterprise that, as one (1) of its

primary business purposes, offers for any form of consideration:

(A) Physical contact in the form of wrestling or tumbling between persons of the opposite sex;

(B) Physical contact between male and female persons and/or persons of the same sex when

one (1) or more of the persons exposes to view of the persons within such establishment,

at any time, the bare female breast below a point immediately above the top of the areola,

human genitals, pubic region, or buttocks, even if partially covered by opaque material or

completely covered by translucent material.

10-16-00 Sexual Gratification: Means "sexual conduct" as defined in this part.

10-16-00 Sexual Stimulation: Means to excite or arouse the prurient interest or to offer or solicit acts of

"sexual conduct" as defined in this part.

Shopping Center: A group of compatible commercial establishments planned, developed, and

managed as a unit, with an automobile storage area provided on the property; the center must

also be related in location, size, and type of shops to its trade area.

1-21-14 Side Yard: The yard extending along a side lot line from the front yard to the rear yard, and lying

between the side lot line and the nearest part of a principal structure, either existing or proposed.

In the case of a corner lot or an irregularly shaped lot, the Building Commissioner shall identify

the side yard for the purpose of compliance with this resolution. A yard is measured from the

property boundary to the foundation supporting the roofed structure with no regard to the

overhang of the roof.

Sign: Any structure or part thereof or device attached thereto, painted on, or in any other manner

represented on a building or other structure, which is used to announce, direct attention to, or

advertise, and is visible from outside a building which displays any writing (including device,

symbol, or trademark); flay (including banner or pennant); or any other figure of similar

character.

Sign Area: The area of the sign, excluding the structural elements lying outside the limits of such

sign and not forming an integral part of the display.

Sign Within a Building: Any of the characteristics in paragraph 30 constitutes a sign within a

building only when illuminated and located in a window.

Solid Waste: Any garbage, refuse, including without limitation, recyclable materials when they

become discarded as further defined by Tennessee Code 68-31-103(7).

Special Wastes: Sludges, bulky wastes, pesticide wastes, infectious wastes, industrial wastes,

hazardous wastes, liquid wastes, friable asbestos wastes, combustion wastes, and other solid

wastes that are either difficult or dangerous to manage and require extraordinary management.

Specified Anatomical Areas: Means:

(A) Less than completely and opaquely covered:

(i) Human genitals;

(ii) Pubic region;

(iii) Buttocks; and

(iv) Female breasts below a point immediately above the top of the

areola; and

10-16-00 (B) Human male genitals in a discernibly turgid state, even if completely

opaquely covered.

10-16-00 Specified Sexual Activities: Means:

(A) Human genitals in a state of sexual stimulation or arousal;

(B) Acts of human masturbation, sexual intercourse or sodomy; or

female breasts.

10-16-00 Specified Services: Means massage services, private dances, private modeling, acting as an

"escort" as defined in this part, and any other live "adult entertainment" as defined in this part.

Story: That portion of a building included between the upper surface of any floor and the upper

surface of the floor next above, or any portion of a building used for human occupancy between

the topmost floor and the roof. A basement not used for human occupancy shall not be counted

as a story.

1-22-08 Structure: Any constructed or erected material or combination of materials requiring space,

including but not limited to, buildings, stadiums, radio towers, sheds, storage dens, fallout

shelters, swimming pools, fences, and signs

, except detached gazebos; portable storage

outbuildings utilized for personal residential storage not on a permanent foundation; detached

open-type carports made of metal and moveable and open on two or more sides; detached water

well enclosures; detached underground emergency shelters.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before damaged condition would equal or exceed fifty (50) percent

of the market value of the structure before the damage occurred.

Substantial Improvement: Any combination of repairs, reconstruction, alteration, or

improvements to a structure, taking place during the life of a structure, in which the cumulative

cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of

the structure should be (1) the appraised value of the structure prior to the start of the initial

repair or improvement, or (2) damage occurring. For the purpose of this definition, "substantial

improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other

structural part of the building commences, whether or not that alteration affects the external

dimensions of the structure. The term does not, however, include either (1) any project for

improvement of health, sanitary, or safety code specifications which are solely necessary to

assure safe living conditions, or (2) any alteration or restoration of a structure listed on the

National Register of Historic Places or a State Inventory of Historic Places.

Swampland: Low land that can be flooded during heavy rains and/or collects water during rains.

This area can further be defined as any area in Franklin County as depicted but not limited to

TVA Topographic Maps (7.5 Minute Series; Contour Intervals 10 to 20 feet).

4-19-99 Temporary: A use that by design or intention is of short and limited duration or a structure whose

use is of short and limited duration by design or intention. The use shall not continue for more

than one-hundred twenty (120) days without a pause of not less than thirty (30) days. The

structure shall not remain on the same lot for more than one-hundred twenty (120) days without a

pause of not less than thirty (30) days. For uses and structures not deemed temporary by the

Building Commissioner, a property owner may apply to the Franklin County Board of Zoning

Appeals under the Administrative Review process.

Temporary Sign: Any sign which is by reason of construction or purpose intended to be

displayed for a short period of time. Unless specifically stated elsewhere in this resolution, a

period of six (6) months is the maximum time limit for the display of a temporary sign.

Total Floor Area: The area of all floors of a building, including finished attic, finished basement,

and covered porches used for habitation.

Travel Trailer: A vehicular portable structure (pick-up, piggy-back, or motorized camper,

converted bus, tent-trailer, or trailer designated as a travel trailer by the manufacturer) designed

as a temporary dwelling for travel and recreational purposes only.

6-16-08 Variance: A grant of relief from the requirements of this Resolution as specified in Article XIV,

Sections 4.3 and 6 which permits construction in a manner otherwise prohibited by this

Resolution where specific enforcement would result in unnecessary hardship.

Wall Sign: Any sign of any surface or plane that may be affixed parallel to or printed on the wall

of any building.

1-21-14 Yard: Open space on the same lot with one or more principal structures unoccupied, and

unobstructed by buildings from the ground to the sky, except as otherwise provided in this

resolution or the minimum space required between any proposed or contemplated structure and

the property boundary. A yard is measured from the property boundary to the foundation

supporting the roofed structure with no regard to the overhang of the roof.

1-21-14 Yard Depth: The shortest distance between the right-of-way line of a public road and the nearest

part of a principal structure on a lot, either existing or proposed. A yard is measured from the

property boundary to the foundation supporting the roofed structure with no regard to the

overhang of the roof.

ARTICLE IV

GENERAL PROVISIONS

Except as herein provided, no structure or land shall be used and no structure or parts thereof shall be

erected, moved, or altered, unless for a use permitted by and in conformity with the regulations for the

district in which it is located.

1. Continuance of Nonconforming Uses and/or Structures. Any existing structure or uses as of June

1974 or date of enactment of applicable amendment which does not conform to the provisions of this

resolution or subsequent amendment thereto may be continued with these limitations:

1.1 A nonconforming use may be changed to another nonconforming use of the same or higher

classification upon approval by the Franklin County Board of Zoning Appeals.

1.2 A nonconforming use shall not be reestablished after discontinuance of two (2) years except

where a special hardship has hampered normal operation of the use as deemed by the

Franklin County Board of Zoning Appeals.

1.3 A nonconforming use of land shall be restricted to the lot occupied by such use as of the

effective date of this ordinance.

1.4 A nonconforming use of a structure shall not be enlarged to include either additional land

or structures, except on appeal to and permission granted by the Franklin County Board of

Zoning Appeals and subject to approval of the Franklin County Regional Planning

Commission.

1.5 A nonconforming use may be extended throughout those parts of a structure which were

manifestly arranged or designed for such use prior to the time of enactment of this resolution,

but shall not be extended to additional structures on the same lot or another lot, except on

appeal to and permission granted by the Franklin County Board of Zoning Appeals and

subject to approval of the Franklin County Regional Planning Commission.

1.6 A nonconforming use shall not be structurally altered except on appeal and granted

permission from the Board of Zoning Appeals. This provision shall not be construed to

prevent normal maintenance required for structural safety.

2. Number of Structures and Uses Associated with a Lot.

2.1 No part of a yard or other open space, or automobile storage area, or loading and unloading

space, required about or in connection with any structure for the purpose of complying with

this resolution, shall be included as a part of a yard, or other open space, or automobile

storage area, or loading or unloading space similarly required for any other structure.

4-19-99 2.2 With the exception of group housing developments, including mobile home parks, only one

principal structure and its customary accessory structures shall hereafter be erected on any

parcel or lot in a residential zoned district. Only one principal structure and its customary

accessory structures shall hereafter be erected and on any parcel less than 5 acres in size in

an Agricultural zoned district.

10-17-16 2.3 With the Exception of Mixed Use Districts, no building shall be erected on a lot which does

not abut for at least thirty (30) feet; either (1) at least one road which has been accepted as a

public thoroughfare; or (2) a perpetual easement of a least thirty (30) feet in width to a road

which has been accepted as a public thoroughfare. In case of lots having an access easement

to an accepted thoroughfare, no more than four lots may share access, including the lot

abutting the public thoroughfare.

In Mixed Use Districts, no building shall be erected on a lot which does not abut for at least

eighteen (18) feet; either (1) at least one road which has been accepted as a public

thoroughfare; or (2) a perpetual easement of at least eighteen (18) feet in width to a road

which has been accepted as a public thoroughfare. In case of lots having an access easement

to an accepted thoroughfare, no more than four lots may share access, including the lot

abutting the public thoroughfare; with the exception of lots in a Cottage Court configuration,

where between six (6) and twelve (12) lots may share access.

6-18-07 2.4 No building shall be erected on a lot in a “Private Road Subdivision” which does not abut at

least one road for at least fifty (50) feet. This section shall not apply to properties abutting a

cul-de-sac for at least thirty (30) feet, or to those with an unshared ingress/egress easement of

at least thirty (30) feet in width to a road which has been accepted as a public thoroughfare or

road within a “Private Road Subdivision”.

3-18-24 2.5 The owner or agent of the owner of any land may not close the sale of or transfer any lot or

lots shown on a plat until the plat has been given final plat approval by the Regional

Planning Commission and until the approved final plat is recorded in the Office of the

satisfied the above requirements to transfer or sale any lot or lots shown on a plat, the said lot

or lots are not considered to be a separate buildable lot or lots.

3. Emergency Shelters

Emergency shelters are permitted as principal or accessory uses and structures in any district,

subject to the yard and coverage regulations of the district. Such shelters may contain or be

contained in other structures or may be constructed separately; and in addition to shelter use, may

be used for any principal or accessory use permitted in the district, subject to the district

regulations of such use, but shall not be used for principal or accessory use prohibited expressly

or by implication in the district.

4. Minimum Lot Area.

No existing yard or lot shall be reduced in dimension or area below the minimum requirements

set forth herein. Yards or lots created after the effective date of this resolution shall meet at least

the minimum requirements established by this resolution. This section shall not apply when a

portion of a lot is acquired for a public purpose, or in projects approved under cluster residential

development provisions.

5. Front Yard Abutting A Private Road.

6-18-07 Front yard or front setbacks for all Private Road Subdivisions shall be as specified in the Zoning

Resolution with an additional twenty-five (25) feet from the centerline of the private roadway.

6. Obstruction to Vision at Road Intersection.

On a corner lot within the area formed by the center line of intersecting roads and a line joining

points on such center lines at a distance of one hundred (100) feet from their intersection, there

shall be no obstruction to vision between a height of three and one-half (3 1/2) feet and a height

of ten (10) feet above the average grade of each road at the center line thereof. This section shall

not be deemed to prohibit any necessary retaining wall.

7. Automobile Storage.

7-18-16 In Districts other than Mixed Use Districts, an automobile storage area shall be provided on each

lot in which any of the following uses are hereafter established. Such parking area shall meet the

following minimum requirements. In Mixed Use Districts, the required automobile storage area

shall mean the Actual Parking Attributable to a Lot as defined in Article VII, and the number of

required Parking Spaces or the required Parking Area may be reduced by a Shared Parking

Factor, as specified in Article VII.

7-18-16 7.1 Amusement Places (Auditoriums, Stadiums, Theaters, or Similar Uses). In Districts other

than Mixed Use Districts, one parking area for the number of employees; plus one third the

number of patron seats. In Mixed Use Districts, one (1) Parking Space for every four (4)

patron seats.

7-18-16 7.2 Churches. In Districts other than Mixed Use Districts, five (5) parking areas for the first thirty

(30) individual seating spaces; plus one parking area for every twenty (20) individual seating

spaces, thereafter. In Mixed Use Districts, five (5) Parking Spaces for the first thirty (30)

individual seating spaces plus one Parking Space for every twenty (20) individual seating

spaces, thereafter.

7-18-16 7.3 Dining Places (Restaurants, Tea Rooms, Night Clubs, Coffee Shops, or Similar Uses). In

Districts other than Mixed Use Districts, three (3) square feet of automobile storage area for

every square foot of customer service area; plus one parking area for every four (4)

employees. In Mixed Use Districts, one (1) Parking Space for every one thousand (1,000)

square feet of building area.

7-18-16 7.4 Dwellings. In Districts other than Mixed Use Districts, two (2) parking areas for every

dwelling unit. In Mixed Use Districts, two (2) Parking Spaces for every detached dwelling

unit and one (1) Parking Space for every attached dwelling unit.

7.5 Funeral Homes or Mortuaries. One parking area for every six (6) seats; or in the case of no

fixed seats, one parking area for every one hundred (100) square feet of chapel area; plus one

parking area for every funeral vehicle and one for every resident family.

7.6 Hospitals. One parking area for every six (6) beds; plus one (1) parking area for every

doctor; plus one (1) parking area for every two (2) nurses and other employees.

7-18-16 7.7 Hotels. In Districts other than Mixed Use Districts, one (1) parking area for every guest

room; plus one (1) parking area for every three (3) employees. In Mixed Use Districts, one

(1) Parking Space for every guest room.

7.8 Industrial or Manufacturing Establishments. One (1) parking area for every three (3)

employees; plus one (1) parking area for every business vehicle.

7.9 Motels or Cabins. One (1) parking area for every unit; plus one (1) parking area for every

three (3) employees.

7-18-16 7.10 Medical or Dental Clinics. In Districts other than Mixed Use Districts, three (3) parking

areas for every doctor; plus one (1) parking area for every two (2) employees. In Mixed

Use Districts, three (3) Parking Spaces for every doctor; plus one (1) Parking Space for

every (2) employees.

7-18-16 7.11 Office, Professional, or Public Buildings. In Districts other than Mixed Use Districts, four

(4) square feet of automobile storage area for every square foot of office space; plus one (1)

parking area for every three (3) employees. In Mixed Use Districts, three (3) Parking

Spaces for every one thousand (1,000) square feet of building area.

7.12 Passenger Terminals. Three (3) square feet of automobile storage area for every square

foot of commercial floor area; plus one (1) parking area for every three (3) employees.

7.13 Recreational Areas (Bowling Alleys, Swimming Pools, Skating Rinks, or Similar Uses).

Four (4) square feet of automobile storage area for every square foot of floor area devoted

to recreational use.

7-18-16 7.14 Retail Business or Personal Service Establishment. In Districts other than Mixed Use

Districts, four (4) square feet of automobile storage area for every square foot of customer

service area; plus one (1) parking area for every three (3) employees. In Mixed Use

Districts, three (3) Parking Spaces for every one thousand (1,000) square feet of building

area.

7.15 Roadside Service Facilities (Service Stations, Repair Shops, or Similar Uses). One (1)

parking area for every gasoline pump; plus one (1) parking area for every car wash room,

every grease rack, every mechanic's stall, or similar area; plus one (1) parking area for every

two (2) employees.

7.16 Shopping Centers. Four (4) square feet of automobile storage area for every square foot of

building area; plus one (1) parking area for every business vehicle.

7.17 Wholesale Businesses or Warehousing. One (1) parking area for every three (3) employees;

plus one (1) parking area for every business vehicle.

7.18 Other Structures or Uses Customarily Requiring Automobile Storage Areas. One (1) parking

area for every one hundred (100) square feet of floor area occupied.

7-18-16 7.19 Parking Angle. With the exception of Mixed Use Districts, where ninety (90) degree parking

is planned or required, a width of sixty-five (65) lineal feet shall be provided for two (2) tiers

of automobiles separated by a two-way aisle. Parking Space and aisle dimensions for Mixed

Use Districts are set forth in Article VII.

8. Other Automobile Storage Requirements.

8.1 If a required automobile storage area cannot be provided on the same lot with a principal

use, the Franklin County Board of Zoning Appeals (ARTICLE XIV) may permit such

space on other property not in a residential district to be used; provided, that it lies within

four hundred (400) feet of the main entrance to such principal use. Except, that one-half of

the automobile storage area required for a church, theater, or other place of assembly,

whose peak attendance is at another time, may be assigned to another use.

8.2 Off-road loading bays shall be provided and maintained in new construction, alterations,

and changes of use according to the following minimum requirements:

8.2(1) Office buildings and hotels or motels shall provide one (1) off-road loading and

unloading bay.

8.2(2) Retail, wholesale, and industrial operation with gross floor area in square feet of:

5,000 - 40,000 - 1 bay

40,001 - 100,000 - 2 bays

100,001 - 170,000 - 3 bays

170,001 - 250,000 - 4 bays

over - 250,000 - 1 additional bay for each 100,000

8.2(3) Each bay shall be an area fifty (50) feet by twelve (12) feet with a fourteen (14)

foot height clearance located within a building or outside and shall be located completely

off the road.

9. Vehicular Access Control.

9.1 In a residential or industrial district, the nearest edge of a point of access shall not be

permitted within thirty (30) feet of the curb line (or road line when there is no curb) of any

public road intersection.

9.2 In a commercial district, the nearest edge of a point of access shall not be permitted within

twenty (20) feet of the curb line (or road line when there is no curb) of any public road

intersection.

9.3 In nonresidential districts, vehicular service uses may be permitted points of access

exceeding twenty-five (25) feet but not exceeding thirty-five (35) feet in width; provided,

that they do not exceed fifty (50) percent of their respective road frontage.

9.4 On lots with less than one hundred (100) feet of road frontage, there shall be only one (1)

point of access per adjoining road; however, on lots with more than one hundred (100)

feet, there shall be not more than two (2) points of access per adjoining road.

10. Signs.

10.1 Signs Permitted in All Districts.

10.1(1) Signs of duly constituted governmental bodies including warnings at crossroads.

10.1(2) Flags or emblems of political, civic, philanthropic, educational, or religious

organizations.

10.1(3) Temporary signs, totaling not over two (2) square feet of surface area on any lot,

appertaining to campaigns, drives, or events of political, civic, philanthropic,

educational, or religious organizations, provided, that such surface area may

exceed two (2) square feet for a single period of not more than seven (7) days in

any quarter calendar year.

10.1(4) Memorial plaques, cornerstones, historical tablets, and the like.

10.1(5) Signs not visible off the lot upon which they are situated.

10.1(6) Signs posted in conjunction with door bells or mail boxes not exceeding nine (9)

square inches of surface area.

10.1(7) Signs required by law or governmental order, rule, or regulation, unless

specifically prohibited, limited, or restricted.

10.1(8) Small unilluminated signs, not exceeding one and one-half (1 1/2) square feet in

surface area, displayed strictly for the direction, safety, and convenience of the

public, including signs which identify rest rooms, parking area entrances or

exits, freight entrances, and the like.

10.1(9) Address signs, not more than one for each road frontage or each principal use on

a lot and not exceeding seventy-two (72) square inches in surface area, showing

only the numerical address designations of the premise upon which they are

situated.

10.1(10) One sign of not more than six (6) square feet pertaining to the sale, lease, hire, or

rental of property on which the sign is displayed; provided, that if said property

faces more than one road, one sign shall be allowed on each frontage. Each such

sign shall be located not nearer than ten (10) feet to an adjoining premise, and not

nearer than five (5) feet to a road line.

10.1(11) One unilluminated sign of not more than four (4) square feet for purposes of

charitable, educational, or religious institutions.

10.1(12) One temporary sign not to exceed six (6) square feet in area indicating the name

of the contractors, engineers, and/or architects of a project during a construction

period.

1-20-09 10.1(13) On site signs for churches or other places of worship not exceeding thirty-two

(32) square feet are allowed in all zoned districts.

9-21-20 10.1(14) On site signs not exceeding thirty-two (32) square feet are allowed for all Fire

Departments in all zoned districts.

10.2 Signs Prohibited in All Classified Districts.

10.2(1) Signs on any vacant lot or parcel or land lying between two (2) residential

structures or uses where said structures or uses are less than one hundred (100)

feet apart or located within fifty (50) feet of any residential use in the same block

frontage.

10.2(2) Off-site signs within one hundred (100) feet of any public school ground or public

park.

10.2(3) Except for public safety, signs within three hundred (300) feet of railroad

crossings.

10.2(4) Signs using flashing, blinking lights, and/or signs using variations in intensity of

illumination and containing revolving or moving parts, and employing the words

"stop," "help," "danger," or any other word implying distress or requesting

sudden action on the part of the observer.

10.2(5) Banners of any material placed so as to cross or partially be above any public

road, sidewalk, alley or other thoroughfare.

11. Landscape Treatment. Landscaping or screening shall be required, if deemed necessary by the

Franklin County Regional Planning Commission, not to exceed ten (10) percent of the total site

area.

12. Plot Plan Requirements.

6-15-15 The purpose of these provisions are to prevent undesirable site development which would unduly

create inadequate circulation and unnecessary congestion; to obtain maximum convenience,

safety, economy, and identity in relation to adjacent sites; and to provide maximum flexibility for

expansion, change in use, and adaptation to individual needs. Thus, applicants for zoning

compliance certificates must submit scale drawings, according to the particular types of

development proposals, to the Franklin County Planning and Zoning Department in accordance

with the following procedures:

12.1 Proposals for the construction or location of a single principal structure on a lot (with the

exception of single-family, two-family, and three-family dwellings) shall be submitted at

scale and must exhibit required automobile storage areas, loading and unloading spaces,

maneuvering areas, openings for ingress and egress to public roads, and landscape

treatment in accordance with General Provisions previously outlined in this resolution.

One copy of all graphics shall be reduced to an 8-1/2 x 11 inch size and submitted.

Preferred paper size is 11” x 17”. Plot plans shall also exhibit the following:

12.1(1) The boundaries of the property, with all dimensions including bearings and

distances, and acreage or square footage of the lot.

12.1(2) The location, dimensions, height, and use of all existing and proposed –

buildings.

12.1(3) Roadway access points, adjacent road right-of-ways with surface description,

driveways with surface description, sidewalks with surface description.

12.1(4) Off road parking spaces, including handicap spaces, with surface description,

loading areas with surface description, outdoor storage areas with surface

description, waste storage areas with material description, fences with material

description, and landscaped areas with material description.

12.1(5) A north arrow and graphic scale (preferable scale is 1” = 20’ or other

appropriate scales for the project).

12.1(6) Names and addresses of applicant and property owner.

12.1(7) Location and sizes of all existing and proposed freestanding sign(s).

12.1(8) Description and delineation of flood zone with FIRM reference.

12.1(9) Location, description, and dimensions of recorded easements, existing and

proposed utilities.

12.1(10) Franklin County, TN Property Map Number and Parcel Number.

12.1(11) Zoning district and Minimum Setback Lines.

12.1(12) The location of exterior lighting and types of illumination sources, adequate to

determine its character and enable review of possible hazards and disturbances

to the public and adjacent properties.

12.2 Proposals for group housing developments, including mobile home parks, and for planned

shopping centers shall follow separate provisions subsequently outlined in this resolution.

12.3 The above applications must be supported by any other information or data as might be

deemed necessary by the Building Commissioner or Franklin County Planning

Commission.

12.4 Proposals for Administrative additions and/or expansions to existing commercial,

industrial, uses or structures that have previously received Plot Plan approval, where the

proposed structure does not exceed 40% of the existing gross floor area and does not

exceed 1200 sf (gross), shall be submitted to the Building Commissioner for Plot Plan

Review in accordance with General Provisions previously outlined in this resolution.

Administrative Addition fees will apply to these submissions.

12.5 Proposals for the construction of additions and/or expansion to cases previously approved

by the Franklin County Board of Zoning Appeals shall be submitted to the Building

Commissioner along with any information required by the Building Commissioner in

accordance with General Provisions previously outlined in this resolution. Additions shall

not exceed 1200 s.f. and 40% of the total structure permitted under the previously

approved Use Permitted on Appeal.

12.6 The Franklin County Regional Planning Commission and the Building Commissioner

reserve the right to require of the applicants or property owners that a surety bond or letter

of credit be submitted and approved to insure that specific physical improvements are

completed in the time allowed and to the specification required, as stated in the conditions

for full approval. The Building Commissioner and any applicant reserve the right to

require, of the applicants or property owners, a review of the Plot Plan by the Planning

Commission.

12.7 Plot Plan Reviews, submitted to the Building Commissioner, shall be approved or denied

within ten (10) working days. Written communication shall be sent to the applicant,

documenting the review action.

13. It is understood and agreed that when title to any property owned by a governmental entity is

transferred from that governmental entity back to private ownership, the real estate involved will

automatically become subject to the zoning resolution and regulations of Franklin County,

Tennessee, and shall be governed by this, the Franklin County, Tennessee Zoning ownership

throughout its history.

14. Temporary Use Regulations.

The following regulations are necessary to govern the operation of certain necessary uses

nonpermanent in nature. Specified temporary uses shall be subject to a review and approval by

the Franklin County Board of Zoning Appeals. Application for a Temporary Use Permit shall be

made to the Building Commissioner. Said application shall contain a graphic description of the

property to be utilized and a plot plan, a description of the proposed use, and sufficient

information to determine yard requirements, setbacks, sanitary facilities, and parking space for

the proposed temporary use. The following uses are deemed to be temporary uses and shall be

subject to the specific regulations and time limits which follow and to the regulations of any

district in which such uses are located:

14.1 Construction Project Office: In any district, a Temporary Use Permit may be issued for

contractor's temporary office and equipment sheds incidental to a construction project.

Such permit shall not be valid for more than one (1) year, but may be renewed for six (6)

month extensions; however, not more than three (3) extensions for a particular use shall be

granted. Such use shall be removed immediately upon completion of the construction

project, or upon expiration of the Temporary Use Permit, whichever occurs sooner.

14.2 Real Estate Sales Office: In any district, a Temporary Use Permit may be issued for a

temporary real estate sales office in any new subdivision which has been approved by the

Planning Commission under the Franklin County Subdivision Regulations. Such office

shall contain no living accommodations. The permit will be valid for one (1) year, but

may be granted two (2), six (6) month extensions. Such office shall be removed upon

completion of sales of the lots therein, or upon expiration of the Temporary Use Permit,

whichever occurs sooner.

14.3 Temporary Dwelling Units in Case of Medical Hardships: In any district except the R-1, a

Temporary Use Permit may be issued to place a mobile home on a lot which already

contains a residential structure, provided that the purpose of such temporary placement

shall be to make it possible for a resident of either structure to provide assistance to a

person who requires daily assistance due to physical or mental disability, and provided

further that such a temporary structure does not represent a hazard to the safety, health, or

welfare of the community. Issuance of a Temporary Use Permit is subject to the review

and approval of the Franklin County Board of Zoning Appeals.

An applicant for a Temporary Use Permit as provided under this subsection must produce

a written statement from a physician certifying that the specific disability requires

assistance from someone in close proximity as evidence of such disability and a permit

from the Franklin County Health Department (Environmentalist) approving the sewage

disposal system of the proposed temporary structure.

Such permit may be initially issued for eighteen (18) months. A permit may be renewed

for one (1) year at a time, subject to producing a new statement from a physician

certifying that the assistance is still required due to the disabling condition. The temporary

permit shall be revoked and the structure removed immediately upon expiration of the

permit or upon a change in the conditions under which such permit was issued.

The person requiring assistance due to the disabling condition may be a resident of

either the temporary or permanent structure. The temporary residence shall be treated

as an accessory structure.

14.4 Temporary Manufacture of Road Materials: In any district, except the R-1, a Temporary

Use Permit may be issued upon approval by the Franklin County Board of Zoning

Appeals to operate manufacturing plants which are necessary in order to produce the

materials required for the construction of approved public roads where the Board finds

that such a use is not potentially noxious, dangerous, or offensive. In the exercise of its

approval, the Board of Zoning Appeals may impose such conditions upon the proposed

plants as it may deem advisable in the furtherance of the general purposes of this

Resolution.

Such a permit may be initially issued for a nine (9) month period. A permit may be

renewed for up to six (6) months at a time, the total time for all permits not exceeding a

total of twenty-four (24) months.

4-19-99 14.5 Temporary Sale of Fireworks: In any district, except R-1, R-3, A-1, and A-2, a

Temporary Use Permit may be issued by the Building Commissioner for the sake of

fireworks for a period not to exceed thirty (30) days. Structures utilized for such sales

shall be removed immediately upon expiration of the permit. Such structures must be set

back from the front property line a minimum of thirty (30) feet. Adequate off-road

parking must be provided by the applicant so as to prevent traffic congestion and

hazardous conditions for traffic. Location/use shall not be located nearer than one

hundred (100) feet from any residence, place of worship, school, or hazardous materials.

No more than two signs and/or banners shall be displayed. Signs and/or banners shall not

exceed three (3) feet in height nor shall signs and/or banners exceed twelve (12) feet in

length. Flashing or alternating lights shall not be permitted. Satisfactory temporary

sanitary facilities must be provided. All other state, federal and county regulations must

be met.

15. Exception on Heights Limits: The height limitations of this resolution shall not

4-19-99 apply to church spires, belfries, cupolas and domes not intended for human occupancy,

monuments, water towers, windmills, chimneys, smokestacks, derricks, conveyors, silos, flag

poles, radio towers, masts and antennae.

16. Erosion Control: Erosion control procedures and practices may be required by the Franklin

4-19-99 County Regional Planning Commission to regulate storm water runoff to promote erosion

control.

4-19-99 16.1 Erosion control plan be submitted and approved.

4-19-99 16.1(1) Erosion and sediment control measures equal to or exceeding measures

required in Erosion and Sediment Control Handbook (TDEC 1992) must be in

place and functional before earth moving operations begin and must be

constructed and maintained throughout the construction period.

4-19-99 16.1(2) Minimize the exposure time of cleared surface area.

4-19-99 16.1(3) Install, establish, and maintain stable perennial vegetation on all exposed soil.

4-19-99 16.2 Copies of TN Permit on file (if applicable).

10-15-01 17. Development Standards for the Installation of Communication Towers and Stations:

The purpose of this section is to establish general guidelines for the citing and installation of

communication equipment such as towers and antennae. The intent of these standards are to

minimize the total number of towers throughout the County; strongly encourage co-location

of antennae; encourage uses of towers and antennae to locate and configure them, to the

extent possible, in areas where the adverse impact on the community is minimal; enhance the

ability of providers of telecommunications services to provide such services to the

community quickly, effectively, and efficiently. The following standards shall be used as a

guide in evaluating whether the proposed installation of communication towers and antennae

have properly minimized their objectionable characteristics:

10-15-01 17.1 Site and landscaping plans drawn to legible scale with details; including the site

located on a property map with property map number and parcel number listed.

10-15-01 17.2 A written report including a description of the tower with technical reasons for its

design.

10-15-01 17.3 An inventory and map identifying the location of existing and proposed tower sites

owned and operated by the applicant. The inventory shall also include information

on the height and design of each existing tower as well as those proposed.

10-15-01 17.4 Documentation establishing the structural integrity of the tower’s proposed uses

certified by a professional engineer licensed in the State of Tennessee competent in

such design; the general capacity of the tower and information necessary to insure

that American National Standard Institute (ANSI) standards are met.

10-15-01 17.5 A written statement of intent whether excess space on the tower will be leased and

the number of co-locators permitted on the tower.

10-15-01 17.6 Written evidence of “Determination of No Hazard” from the Federal Aviation

Administration (FAA) as well as all required FCC permit information.

10-15-01 17.7 Written evidence as to why this site was selected and why co-location is not an

alternative.

10-15-01 17.8 Written evidence that the site complies with requirements of the National

Environmental Policy Act (NEPA) in regard to impact on wildlife, endangered

species, historical sites, Indian religious sites, floodplains, wetlands, high intensity

white lights in residential neighborhoods and frequency emissions in excess of

FCC guidelines.

10-15-01 17.9 Towers shall be located on a lot so that a fall radius from the base of the tower or

any adjoining property line or supporting structure of another tower is a minimum

of 100 percent of the proposed tower height to ensure its collapse will be contained

within an unoccupied area. No variance shall be granted from this requirement.

10-15-01 17.10 Except as specifically required by the FAA or the FCC, communication tower

structures shall be colors of gray or silver only to reduce their visual impacts and

not be illuminated and shall not use strobe lights.

10-15-01 17.11 Any proposed tower shall be structurally designed so as to encourage co-location

by future additional users.

10-15-01 17.12 No advertising or display is permitted on any communication tower.

10-15-01 17.13 Any on-site accessory structure shall only be used for the storage of necessary on-

site equipment and/or electronics.

10-15-01 17.14 Landscaping and vegetative buffers should be installed to reduce visibility from the

road and surrounding property.

10-15-01 17.15 The tower base, all guy wires, and equipment areas shall be enclosed with a fence

no less than six (6) feet in height to prevent uncontrolled access. Fencing shall be

locked and maintained in good condition.

12-03-18 17.16 Any proposed tower to be located on an unimproved lot shall be deemed the

Principal Structure; any proposed tower to be located on an improved lot shall be

deemed an Accessory Structure.

12-03-18 17.17 Structures which can be occupied shall not be located within any Fall Radius

ARTICLE V

ESTABLISHMENT OF DISTRICTS

1. Classification of Districts.

1.1 For the purpose of this Resolution, Franklin County, Tennessee (excluding incorporated

municipalities) is hereby divided into twelve (12) districts as follows:

R-1 Residential (single family residential)

R-2 Residential (general residential)

R-3 Residential (rural residential)

1-22-08 R-1C Single Family Cluster Residential Districts (Low Density)

6-20-05 MU Mixed Use Districts.

C General Commercial

10-16-00 C-1 Restricted Commercial

I Industrial

I-1 Industrial, Special

A-1 Agricultural, Light

A-2 Agricultural, Medium

A Agricultural

6-16-08 F Floodplain Overlay

1.2 The boundaries of these districts are hereby established as shown on the "Regional

Zoning Map of Franklin County, Tennessee," dated April, 1974 and as amended

(hereafter referred to as the County Zoning Map), which is on file in the office of the

Planning and Zoning Department. The floodplain overlay districts are identified as

referenced in Article XI, Section 3.2 of this Resolution.

1.3 Unless otherwise indicated on the county zoning map, the district boundaries follow lot

lines, the center lines of roads or alleys, railroad rights-of-way, or the corporate limit lines

as they existed at the time of enactment of this resolution.

ARTICLE VI

PROVISIONS GOVERNING RESIDENTIAL DISTRICTS

1. R-1 Single Family Residential Districts (Low Density)

Intent: To provide a low density residential environment having good access to schools, public

water, sewerage, and other community services, but well separated from heavy traffic and other

incompatible activities.

Within R-1 Single Family Residential Districts as shown on the County Zoning Map, the

following regulations shall apply:

1.1 Uses Permitted.

1.1(1) Single family dwellings except mobile homes.

1.1(2) Public elementary and high schools and private elementary and high schools with

conventional academic curriculums similar to those in public elementary and high

schools.

1.1(3) The taking of boarders or the renting or leasing of rooms by the family resident on

the premise; provided, that not over twenty-five (25) percent of the total floor area

is used for such purpose.

1.1(4) Public and private parks, playgrounds and playfields, country clubs and

neighborhood and municipal buildings and uses in keeping with the character and

requirements of the district.

1.1(5) Customary home occupations conducted within the principal structure, but only by

a person resident of the premise; provided, that not more than one person, not a

resident of the premises, is employed.

1.1(6) One unilluminated temporary on-site sign not exceeding one hundred (100) square

feet in area, with no dimension exceeding twelve (12) feet, at each major approach

to a subdivision advertising the sale of houses or lots. The display of such sign shall

be limited to a period of one year; any remaining nonconforming sign may be

removed by the county at the expense of the owner.

1.1(7) One unilluminated temporary on-site sign not exceeding sixteen (16) square feet in

area, advertising the sale of farm or garden products for the duration of the harvest

season.

1.1(8) Limited farming uses.

1.1(9) Accessory uses or structures customarily incidental to the above permitted uses.

1.2 Uses Permitted on Appeal.

Churches or places intended for worship by a religious body and any other similar uses or

structures; subject to such conditions as the Franklin County Board of Zoning Appeals

may require to preserve and protect the character of the area in which the proposed use is

located.

1.3 Uses Prohibited.

1.3(1) Mobile homes, billboards, and similar advertising structures; uses not specifically

permitted; or uses not specifically permitted on appeal.

1.4 Lot Area, Lot Width, and Building Area. The principal structure or structures shall be

located to comply with the following requirements.

1.4(1) Lot Area, Lot Width, Rear and Side Yards.

"For uses not served by sanitary sewers the minimum lot area for a dwelling shall

be 20,000 sq. ft. and not less than the area required by the Franklin County Health

Department (Environmentalist). The minimum lot width, minimum rear yard, and

minimum side yard requirement shall be as specified for uses served by sanitary

sewers."

Minimum lot area for dwelling 20,000 sq. ft.

Minimum lot width at the building line:

For residences.................................................... 80 feet

For institutional uses........................................ 250 feet

For other permitted uses................................... 200 feet

Minimum rear yard................................................. 30 feet

Minimum side yard................................................. 15 feet

Minimum lot width of building

line on cul-de-sac lots......................................... 80 feet

For uses served by sanitary sewers:

Minimum lot area for dwelling 20,000 sq. ft.

Minimum lot width at building line:

For residences........................................................ 80 feet

For institutional uses............................................ 250 feet

For other permitted uses....................................... 200 feet

Minimum rear yard..................................................... 30 feet

Minimum side yard:

For one- or two-story building............................... 15 feet

4-19-00 For uses located on parcels abutting lakes, rivers, or bluff boundaries:

Minimum side yard that abuts the lake, river, or bluff…………..10 feet

Minimum rear yard that abuts the lake, river, or bluff…………..10 feet

1.4(2) Front Yards. All principal and accessory structures shall be set back from the

right-of-way lines of roads the minimum distance shown below, according to their

classifications as indicated on the latest official municipal-regional thoroughfare

plan:

Arterial Roads ..................................... 60 feet

Other Roads ........................................ 35 feet

1.4(3) Building Area. On any lot or tract, the area occupied by all structures, including

accessory structures, shall not exceed forty (40) percent of the total area. Accessory

structures shall not cover more than twenty (20) percent of any rear yard.

1.5 Height. Principal structures shall not exceed three (3) stories nor thirty-five (35) feet in

height, except for churches which must increase each side yard width over the required

minimum by five (5) feet for every five (5) feet or fraction thereof of additional height.

No accessory structure shall exceed two (2) stories in height.

1.6 Location of Accessory Structures.

1.6(1) Accessory structures shall be located at least five (5) feet from all lot lines.

4-19-00 1.6(2) In Addition, no accessory structure shall be erected or located any closer to the

road than allowed by the front setback line.

2. R-2 General Residential Districts (Medium Density).

Intent: To provide a medium density residential environment having good access to schools,

public water, sewerage, and other community services, but well separated from heavy traffic and

other incompatible activities.

Within R-2 General Residential Districts as shown on the county zoning map, the

following regulations shall apply:

2.1 Uses Permitted.

2.1(1) Any use permitted in R-1.

2.1(2) Single and multiple family dwellings, mobile homes; modular (factory

preconstructed) dwellings and required accessory structures.

2.1(3) The taking of boarders or the renting or leasing of rooms by the family resident on

the premise; provided, that not over fifty (50) percent of the total floor area is used

for such purposes.

2.1(4) Group housing developments and mobile home parks, in accordance with

provisions set forth in Section 2.6 of this Article.

2.2 Uses Permitted on Appeal.

2.2(1) Churches and other places of worship; schools offering general education courses;

railroad rights-of-way; municipal, county, state, or federal uses except storage

facilities; public utilities, except storage facilities; cemeteries; philanthropic

institutions and clubs, except clubs, the chief activities of which are customarily

carried on as business; and any other similar uses or structures; subject to such

conditions as the Franklin County Board of Zoning Appeals may require in order to

preserve and protect the character of the district in which the proposed use is

located.

2.2(2) Limited commercial activities as an accessory use provided that:

2.2(2.1) It is conducted in an accessory structure.

2.2(2.2) The activity is clearly subordinate to the principal land use.

2.2(2.3) The activity is conducted in the rear yard.

2.2(2.4) Any expansion of the accessory structure is subject to the approval of the

Board of Zoning Appeals.

2.2(2.5) The number of employees not residing on the same lot as the accessory

structure housing the limited commercial activity shall not exceed two.

2.2(2.6) The activity must be free from offensive noise, vibration, odorous matter,

dust, smoke, explosions, toxic or noxious matter, and other objectionable

influences which would be injurious to neighboring properties.

2.3 Uses Prohibited.

Billboard and similar commercial advertising structures; uses not specifically permitted

nor permitted on appeal.

2.4 Lot Area, Lot Width, and Building Area.

The principal structure or structures shall be located to comply with the following

requirements.

2.4(1) Lot Area, Lot Width, Rear and Side Yards

For uses not served by sanitary sewers the minimum lot area for a dwelling shall

be .5 acre and not less than the area required by the Franklin County Health

Department. The minimum lot width, minimum rear yard, and minimum side

yard requirement shall be as specified for uses served by sanitary sewers.

For uses served by sanitary sewers:

Minimum lot area for dwelling................................... .5 acre

Minimum lot area for each

additional dwelling unit ..................................... 5,000 sq. ft.

Minimum lot width at building line:

For residences ..................................................... 130 feet

For institutional uses ........................................... 250 feet

For other permitted uses ..................................... 100 feet

Minimum front yard ... arterial ............................... 50 feet

other .................................. 35 feet

Minimum rear yard .................................................. 30 feet

Minimum side yard:

For one- or two-story building .............................. 25 feet

For three-story building ........................................ 20 feet

For roadside portions of corner lots plus

Fifty (50) percent ........................................................... Minimum

4-19-99 For uses located on parcels abutting lakes, rivers, or bluff boundaries:

Minimum side yard that abuts the lake, river, or bluff………10 feet

Minimum rear yard that abuts the lake, river, or bluff………10 feet

4-19-99 2.4(2) Accessory structures shall be located at least ten (10) feet from all lot lines.

4-19-99 2.4(3) Accessory structures utilized for limited commercial activities shall be

located at least fifteen (15) feet from all lot lines.

4-19-99 2.4(4) In Addition, no accessory structure shall be erected or located any closer to

the road than allowed by the front setback line.

4-19-99 2.5 Height.

Principal structures shall not exceed three (3) stories nor thirty-five (35) feet in height,

except for churches which must increase each side yard width over the required minimum

by five (5) feet for every five (5) feet or fraction thereof of additional height. No

accessory structure shall exceed two (2) stories in height.

2.6 Group Housing Developments and Mobile Home parks.

This section is intended to provide a maximum flexibility in design and to ensure a

minimum standard of site development for group housing, mobile home parks, or other

projects involving the location of two or more residential structures on a single lot or tract

of land, not subdivided.

Mobile home parks involving more dwellings per acre than permitted by the Franklin

County Health Department (Environmentalist) for a subsurface sanitary disposal system

are a medium to high density residential use much like apartments and require public or

package sanitary sewerage.

2.6(1) Procedures for Approval.

A permit for a group housing development or mobile home park shall be issued by

the County Building Commissioner only as authorized by the Franklin County

Board of Zoning Appeals. The board shall so authorize said permit only after

application and review in accordance with the requirements of this section, and

after the board determines that the proposed location meets the intent of this

resolution and that the indicated development standards in paragraph 2.6(2) will be

followed.

2.6(1.1) Information Required.

2.6(1.11) General Location Sketch Map at a scale not smaller

than 1” = 1000', showing:

-The approximate boundaries of the site.

-External (public) access roads or roads in relation to

the site.

-Surrounding development (i.e., general residential,

commercial, and industrial areas) within one mile of site.

-Any public water and sewer systems in relation to site.

2.6(1.12) Site Plan drawn to a scale no smaller than 1" = 200', showing:

-Topographic contours at five (5) foot intervals, and drainage

ways.

-The location and dimensions of proposed internal roads,

structures, mobile home spaces, and off- road parking spaces.

-Points of access to public roads.

-The location and size of available water and sewer lines.

-The location and dimensions of any easements.

2.6(1.2) Review Procedure.

Preliminary review. Three copies of the proposal containing the

information required above shall be submitted to the Franklin County

Board of Zoning Appeals at least ten (10) days in advance, for

preliminary review. The Board of Zoning Appeals or Planning

Commission shall conduct a preliminary review within sixty (60) days of

the application and either give tentative approval subject to conditions

defined to meet the intent of these regulations or reject the proposal with

the reasons stated to the applicant in writing within fifteen (15) days

following the meeting. The board may refer the proposal to the Franklin

County Regional Planning Commission for its review and

recommendation.

Note: The site plan may be submitted at a later date up to one

year after the location has been given preliminary

approval.

Final review. After preliminary approval of the complete proposal, the

board shall schedule a final review at public hearing at a date no earlier

than the applicant can be reasonably expected to be ready. Public notice

of the hearing shall be published in a newspaper of general circulation in

Franklin County at least ten (10) days in advance of the hearing date.

2.6(2) Required Development Standards. The following shall apply:

2.6(2.1) Location.

2.6(2.11) The site shall comprise a single lot or tract of land, except

where divided by public roads.

2.6(2.12) The site shall abut a public road.

4-19-99 2.6(2.13) A single permanent residential structure, other than mobile

homes, shall be permitted within the mobile home park to be

used by the owner operator or an employee of the mobile

home park.

2.6(2.2) Dimensions.

2.6(2.21) The minimum front yards on a public road shall be twenty-

seven (27) feet.

2.6(2.22) The minimum yards adjoining another zoning district shall be

twenty-five (25) feet.

2.6(2.3) Design.

Internal Driveways

2.6(2.31) The minimum driveway width of right-of-way exceeding five

hundred (500) feet in length, serving more than fifty (50)

dwelling units, shall be sixty (60) feet.

2.6(2.32) The minimum right-of-way width for any other driveway shall

be fifty (50) feet.

2.6(2.33) The maximum grade on any driveway shall be ten (10) percent.

2.6(2.34) Where feasible, all road and/or driveway intersections shall be

at right angles.

Public Road Access

2.6(2.35) The minimum distance between access points along public

road frontage, center line to center line, shall be two hundred

(200) feet.

2.6(2.36) The minimum distance between center line of an access point

and the nearest curb line or road on a public road intersection

shall be one hundred (100) feet.

Mobile Home Spacing.

2.6(2.37) The minimum length of each mobile home space shall be one

hundred (100) feet.

2.6(2.38) The minimum width of each mobile home space shall be fifty

(50) feet.

2.6(2.39) The minimum side yard on a mobile home space shall be ten

(10) feet and the minimum rear yard shall be twenty (20) feet.

2.6(3) Required Improvements. The following shall be required:

2.6(3.1) Internal Driveways.

2.6(3.11) Driveways shall be privately constructed and maintained.

2.6(3.12) The driveway base shall consist of sufficient crushed stone or

gravel, properly drained or of a depth and sufficient compaction

to provide an all-weather road.

2.6(3.13) The minimum driveway base width of collector drives shall be

twenty-four (24) feet. A collector driveway is any drive that

connects two or more minor drives with a public road.

2.6(3.14) The minimum driveway base width of minor drives shall be

twenty (20) feet. A minor drive is any drive that connects two

or more individual driveways to a collector driveway or a

public road.

2.6(3.15) Closed ends of dead-end driveways shall provide a vehicular

turnaround at least eighty (80) feet in diameter or an alternate

provision to allow any four (4) wheel vehicle to turn around

with only one reverse motion required.

2.6(3.2) Mobile Home Stands.

Mobile home stands shall be of gravel or concrete and shall have

sufficient area to accommodate appurtenances, such as canopies, patios,

and porches.

2.6(3.3) Utilities.

The development shall be served with public or Package sanitary sewerage

and public water on available trunk lines and the proposed water system

shall be approved by the TN Department of Environment and

Conservation. Septic sewerage disposal shall be permitted only on mobile

homes bases having sufficient area to meet the requirements of the

Franklin County Health Department (Environmentalist).

2.6(3.4) Storage of Waste.

Any central refuse disposal area shall be maintained in such manner as to

meet county health requirements, and shall be screened from view.

2.6(3.5) Service Building.

2.6(3.51) Service buildings housing laundry, sanitation, or other

facilities for use by occupants shall be permanent structures

complying with all applicable codes.

2.6(3.52) There shall be at least twenty-five (25) feet separating

permanent buildings on the site from any mobile home

space.

2.7 Cluster Residential Development (Subdivided).

Intent: To permit greater flexibility for creative design and to achieve superior scenic

quality and recreational subdivisions which incorporate permanent local open space

accessible to all residential lots.

How it works: Instead of the conventional subdivision procedure which results in

homes more or less evenly spaced throughout the site, these provisions allow individual

lot and yard requirements to be reduced to permit closer grouping or "clustering" of homes

on a portion of the site. Developers, however, cannot construct more dwelling units on the

site than the zoning minimum lot size requirements call for, but can reduce lot sizes if the

land thus saved is put into permanent open space.

2.7(1) Procedure for Approval.

2.7(1.1) Initial Sketch and Consultation.

Before preparing a formal proposal for cluster residential developments

the applicant shall submit six (6) copies to the planning commission as a

basis for reaching general agreement on major aspects of the project. The

sketch shall indicate, at a scale no smaller than 1"=200':

-boundaries and acreage of the site

-number and building types of dwelling units

-arrangement of roads, structures, and lots

-access to existing roads

-local open space tracts and prospective uses

-any convenience service area

-location and size of water, sewer lines.

2.7(1.2) Plat Approval Procedure.

Proposals for cluster residential developments shall be subject to the

Franklin County Subdivision Regulations, shall be prepared and reviewed

under the plat approval procedure of that resolution, and shall be in

accordance with the provisions of this section.

2.7(2) Development Requirements.

2.7(2.1) This section shall apply to residential structures excluding mobile homes.

2.7(2.2) Minimum number of dwelling units per subdivision

........................................................ 40.

2.7(2.3) Maximum Density.

The average number of dwelling units per acre of buildable land (not

including land for road right-of-way) shall not exceed sixteen (16).

Maximum buildable acreage shall consist of seventy-five (75) percent of

the total residentially-zoned acreage available, with twenty-five (25)

percent of said total to be allocated for road right-of-way regardless of the

acreage actually required.

2.7(2.4) Minimum lot size, width or yard requirements

......................................................... None.

2.7(2.5) Structure location requirements.

-Minimum distance between structure and road

right-of-way line

.......................................................... 30 feet.

-Minimum spacing between structures

.......................................................... 20 feet.

2.7(2.6) Convenient commercial services.

Food and drug stores, beauty and barber shops, coin laundries or similar

commercial facilities only, may be permitted within developments of one

hundred (100) units or more for the purpose of serving local residents.

Such facilities must be designed as an integral part of the development,

and external advertising or other characteristics which alter the residential

scenic quality, noise level, or traffic load shall not be permissible.

Commercial facilities shall not be established before residential

construction commences.

2.7(2.7) Utilities.

The development shall be serviced with public or package sanitary

sewerage and public water on trunk lines not less than eight (8) inches

and six (6) inches respectively.

2.7(2.8) Local open space.

2.7(2.81) Minimum local open space requirement.

Plats proposed for approval under the provisions of this section

shall include local open space tracts of size, location, shape and

topography which will meet the intent of this section. (Franklin

County Subdivision Regulations). The minimum amount of

local open space to be allocated shall not be less than the

aggregate amount by which building lots are reduced from

regular minimum lot size requirements.

2.7(2.82) Permitted local open space uses.

Only the following land uses may be set aside as common land

for local open space to recreational uses:

-Private recreational facilities, such as golf courses or

swimming pools, which are limited to the use of the owners or

occupants of the lots located within the subdivision.

-Historic building sites or historical sites, parks and parkway

areas, extensive areas with tree cover, low and along streams

or areas of rough terrain, such areas are expensive and have

natural features worthy of scenic preservation.

2.7(2.83) Legal requirements for operation and maintenance.

Local open space, at the option of the developer, may be

retained by him or deeded by him to a homeowners

association or other organization approved by the planning

commission.

When such tracts are retained by the developer, plans for

improvement and maintenance of these tracts must be approved

by the planning commission, and deed covenants, made to

assure continuing use of the tracts for local open space

purposes.

When such tracts are to be deeded to a homeowners

association, the developer shall provide:

1. The legal framework for a homeowners association,

consisting of articles of incorporation and by-laws which

guarantees as a minimum:

-that the homeowners association will be responsible for

liability insurance, local taxes, maintenance of recreational

or other facilities pertaining to the local open space.

-that when more than fifty (50) percent of the lots within the

subdivision are sold, there shall be a special meeting of the

homeowners association within sixty (60) days.

2. Deeds to individual lots within the subdivision, which

shall convey mandatory membership in the homeowners

association, and include as a minimum the following

provisions:

-responsibility for paying a pro rata share of the cost of

homeowners association operation.

-agreement that the assessment levied by the association can

become a lien on the property if not paid.

-agreement that the association shall be able to adjust the

assessment to meet changed needs.

-guarantee of permanent unrestricted right to utilize lands

and facilities owned by the association.

3. R-3 Rural Residential Districts.

Intent: To provide suitable areas for low density residential development characterized by an

open appearance. These areas also include community facilities, public utilities, and open uses

which serve specifically the residents of these areas, or which are benefited by an open

residential environment without creating objectionable or undesirable influence upon residential

developments. Such developments shall be provided with public potable water.

Within R-3 Rural Residential Districts, as shown on the County Zoning Map, the following

regulations shall apply:

3.1 Uses Permitted.

3.1(1) Any use permitted in R-1 Single Family Residential Districts.

3.1(2) The noncommercial raising of domestic livestock for personal pleasure or

personal use as incidental to the above permitted uses.

3.1(3) All applicable local and state health regulations pertaining to the raising and

keeping of domestic livestock are incorporated as part of this resolution.

3.2 Uses Permitted on Appeal.

Churches or places intended for worship by a religious body and other similar uses or

structures; subject to such conditions as the Franklin County Board of Zoning Appeals

may require to preserve and protect the character of the area in which the proposed use is

located.

3.3 Uses Prohibited.

3.3(1) Mobile homes; billboards and similar advertising structures; the raising and

keeping of hogs; livestock feed yards; uses not specifically permitted; or uses not

specifically permitted on appeal.

3.4 Lot Area, Lot Width, and Building Area.

3.4(1) Lot Area, Lot Width, Rear and Side Yards.

The minimum lot area required shall be two (2) acres and in no case less than the

area required by the Franklin County Health Department (Environmentalist) for

sanitary waste disposal utilizing septic tanks.

Minimum lot area for dwelling ............................ 2 acres

Minimum lot width at building line

For residences ................................................ 100 feet

For institutional uses ...................................... 250 feet

For other permitted uses ................................. 200 feet

Minimum rear yard .............................................. 50 feet

Minimum side yard .............................................. 30 feet

For roadside portions of corner

lots .................................................. Minimum plus

fifty percent

4-19-99 For uses located on parcels abutting lakes, rivers, or bluff boundaries:

Minimum side yard that abuts the lake, river, or bluff……….10 feet

Minimum rear yard that abuts the lake, river, or bluff……….10 feet

3.4(2) Front Yards. All principle and accessory structures shall be set back from the

right-of-way lines of roads the minimum distance shown below, according to their

classification as indicated on the latest official municipal-regional thoroughfare

plan:

Arterial Roads ................................................... 75 feet

Other Roads ...................................................... 60 feet

3.4(3) Building Area. On any lot or tract, the area occupied by all structures, including

accessory structures shall not exceed twenty-five (25) percent of the total area.

3.5 Height. Principle structures shall not exceed three (3) stories or thirty-five (35) feet in

height, except for churches which must increase each side yard width over required

minimum by five (5) feet for every five (5) feet or fraction thereof of additional height.

No accessory structure shall exceed two (2) stories in height.

3.6 Location of Accessory Structures.

3.6(1) Accessory structures (excluding those housing domestic livestock) shall be

located at least ten (10) feet from all lines.

3.6(2) Accessory structures housing domestic livestock shall be located at least

forty (40) feet from any property line and three hundred (300) feet from any

residential dwelling.

4-19-99 3.6(3) In Addition, no accessory structure shall be erected or located any closer to

the road than allowed by the front setback line.

4. R-1C Single Family Cluster Residential Districts (Low Density)

1-22-08 Intent: To provide a low density Cluster Residential environment with greater flexibility for

creative design; and to achieve superior scenic quality and recreational subdivisions which

corporate permanent local open space accessible to all residential lots; and having good access to

schools, public water, sewerage, and other community services, but well separated from heavy

traffic and other incompatible activities.

How it works: Instead of the conventional subdivision procedure which results in homes more or

less evenly spaced throughout the site, these provisions allow individual lot and yard

requirements to be reduced to permit closer grouping or "clustering" of homes on a portion of the

site. Developers, however, cannot construct more dwelling units on the site than the zoning

minimum lot size requirements call for, but can reduce lot sizes if the land thus saved is put into

permanent open space.

Within R-1C Single Family Custer Residential Districts as shown on the County Zoning Map,

the following regulations shall apply:

4.1 Uses Permitted.

4.1(1) Single family dwellings except mobile homes.

4.1(2) The taking of boarders or the renting or leasing of rooms by the family resident on

the premise; provided, that not over twenty-five (25) percent of the total floor area

is used for such purpose.

4.1(3) Public and private parks, playgrounds and playfields, country clubs and

neighborhood and municipal buildings and uses in keeping with the character

and requirements of the district.

4.1(4) Customary home occupations conducted within the principal structure, but only

by a person resident of the premise; provided, that not more than one person,

not a resident of the premises, is employed.

4.1(5) One unilluminated temporary on-site sign not exceeding thirty-two (32) square feet

in area, with no dimension exceeding twelve (12) feet, at each major approach to a

subdivision advertising the sale of houses or lots. The display of such sign shall be

limited to a period of one year; any remaining nonconforming sign may be

removed by the county at the expense of the owner.

4.1(6) One unilluminated temporary on-site sign not exceeding sixteen (16) square feet

in area, advertising the sale of farm or garden products for the duration of the

harvest season.

4.1(7) Limited farming uses.

4.1(8) Accessory uses or structures customarily incidental to the above permitted uses.

4.2 Uses Permitted on Appeal.

Churches or places intended for worship by a religious body and any other similar uses or

structures; subject to such conditions as the Franklin County Board of Zoning Appeals

may require to preserve and protect the character of the area in which the proposed use is

located.

4.3 Uses Prohibited.

4.3(1) Mobile homes, multi-family dwellings, billboards, and similar advertising

structures; uses not specifically permitted; or uses not specifically permitted on

appeal.

4.4 Cluster Development Procedure for Approval.

4.4(1) Initial Sketch and Consultation.

Before preparing a formal proposal for cluster residential developments the

applicant shall submit six (6) copies to the planning commission as a basis for

reaching general agreement on major aspects of the project. The sketch shall

indicate, at a scale no smaller than 1"=200':

-boundaries and acreage of the site

-number and building types of dwelling units

-arrangement of roads, structures, and lots

-access to existing roads

-local open space tracts and prospective uses

-any convenience service area

-location and size of water, sewer lines.

4.4(2) Plat Approval Procedure.

Proposals for cluster residential developments shall be subject to the Franklin

County Subdivision Regulations, shall be prepared and reviewed under the plat

approval procedure of that resolution, and shall be in accordance with the

provisions of this section.

-any convenience service area

-location and size of water, sewer lines.

4.4(3) Development Requirements.

4.4(3.1) This section shall apply to single-family residential structures only.

4.4(3.2) Minimum number of dwelling units per subdivision.............. 20.

4.4(3.3) Maximum Density.

The average number of dwelling units per acre of buildable land (not

including land for road right-of-way) shall not exceed eight (8). Maximum

buildable acreage shall consist of seventy-five (75) percent of the total

residentially-zoned acreage available, with twenty-five (25) percent of said

total to be allocated for road right-of-way regardless of the acreage actually

required.

4.4(3.4) Minimum lot size or width requirements..................... None.

4.4(3.5) Front Yards.

All principal and accessory structures shall be set back from the right-of-

way lines of roads the minimum distance shown below, according to their

classifications as indicated on the latest official municipal-regional

thoroughfare plan:

Arterial Roads ..................................... 60 feet

Other Roads ......................................... 30 feet

4.4(3.6) Minimum rear yard.................................................... 10 feet

4.4(3.7) Minimum side yard.................................................... 10 feet

4.4(3.8) Utilities.

The development shall be serviced with public or package

sanitary sewerage and public water on trunk lines not less

than eight (8) inches and six (6) inches respectively.

4.4(3.9) Minimum local open space requirement.

Plats proposed for approval under the provisions of this section shall include

local open space tracts of size, location, shape and topography which will

meet the intent of this section and the Franklin County Subdivision

Regulations. The minimum amount of local open space to be allocated shall

not be less than the aggregate amount by which building lots are reduced

from regular minimum lot size requirements.

4.4(4.0) Permitted local open space uses.

Only the following land uses may be set aside as common land for local open

space to recreational uses:

-Private recreational facilities, such as golf courses or swimming

pools, which are limited to the use of the owners or occupants of the

lots located within the subdivision.

-Historic building sites or historical sites, parks and parkway areas,

extensive areas with tree cover, low and along streams or areas of

rough terrain, such areas are expensive and have natural features

worthy of scenic preservation.

4.4(4.1) Legal requirements for operation and maintenance.

Local open space, at the option of the developer, may be retained by him or

deeded by him to a homeowners association or other organization approved

by the planning commission. When such tracts are retained by the developer,

plans for improvement and maintenance of these tracts must be approved by

the planning commission, and deed covenants, made to assure continuing

use of the tracts for local open space purposes. When such tracts are to be

deeded to a homeowners association, the developer shall provide:

1. The legal framework for a homeowners association, consisting of

articles of incorporation and by-laws which guarantees as a

minimum:

-that the homeowners association will be responsible for

liability insurance, local taxes, maintenance of

recreational or other facilities pertaining to the local open

space.

-that when more than fifty (50) percent of the lots within the

subdivision are sold, there shall be a special meeting of

the homeowners association within sixty (60) days.

2. Deeds to individual lots within the subdivision, which shall

convey mandatory membership in the homeowners association, and

include as a minimum the following provisions:

-responsibility for paying a pro rata share of the cost of

homeowners association operation.

-agreement that the assessment levied by the association can

become a lien on the property if not paid.

-agreement that the association shall be able to adjust the

assessment to meet changed needs.

-guarantee of permanent unrestricted right to utilize lands and

facilities owned by the association.

4.5 Height.

Principal structures shall not exceed three (3) stories nor thirty-five (35) feet in

height, except for churches which must increase each side yard width over the

required minimum by five (5) feet for every five (5) feet or fraction thereof of

additional height. No accessory structure shall exceed two (2) stories in height.

4.6 Location of Accessory Structures.

4.6(1) Accessory structures shall be located at least five (5) feet from all lot lines.

4.6(2) In Addition, no accessory structure shall be erected or located any closer

to road than allowed by the front setback line.

ARTICLE VII

6-20-05 PROVISIONS GOVERNING MIXED USE DISTRICTS

1. Mixed Use Districts.

Intent: To provide a higher density residential and limited commercial mixed use environment

having good access to schools, public water, centralized sanitary sewer system, fire protection, and

other community services. To encourage infill and redevelopment of commercial, residential and

mixed use development. To promote the preservation and adaptive reuse of existing buildings that

contribute to the historical or architectural character of the district. Allow flexibility in

development standards to recognize the challenge of developing small scale mixed use buildings

that are a similar scale to surrounding residential development. To support the existing roads

through redevelopment and land divisions where practical and feasible.

Criteria for Mixed Use Districts:

1. Shall be served by Centralized Sanitary Sewer System.

2. Shall consist of fifty (50) acres or greater in area, controlled by a single entity.

3. Shall be considered fronting on an arterial road.

4. Shall be served by public potable water system.

5. Shall have fire hydrants for fire protection purposes.

6. Shall be within a Planned Growth Area as designated on the Official Growth Plan Map of

Franklin County.

7. Any subsequent additions for rezoning to existing MU-Mixed Use zoned districts shall meet

criteria 1 through 6 above.

Within Mixed Use Districts as shown on the County Zoning Map, the following regulations shall

apply:

1.1 Uses Permitted.

1.1(1) Single family dwellings except mobile homes.

1.1(2) Multi-family dwellings.

1.1(3) Mixed-use structures containing residential dwelling units and other permitted uses.

1.1(4) Group Housing and Cluster Residential Development (Subdivided) in accordance

with provisions set forth in Article VI, Section 2.6 and 2.7 (with the exception that

no minimum number of lots is required per 2.7(2.2)).

1.1(5) Retail specialty shops including, but not limited to, the sale of gifts, antiques,

flowers, books, jewelry, wearing apparel, tobacco and related supplies;

1.1(6) Craft shops making articles exclusively for sale at retail on the premises;

1.1(7) Convenient commercial uses.

1.1(8) Restaurants, caterers, and take-out food businesses;

1.1(9) Business offices including, but not limited to, security and commodity brokerage,

real estate sales, travel agency, employment counseling, insurance sales,

advertising, mailing and stenographic services;

1.1(10) Studios for dance, art, music, photography, radio or television;

1.1(11) Professional offices for lawyers, engineers, architects, landscape architects, or

accountants.

1.1(12) Public elementary and high schools and private elementary and high schools with

conventional academic curriculums similar to those in public elementary and high

schools.

1.1(13) The taking of boarders or the renting or leasing of rooms by the family resident on

the premise; provided, that not over twenty-five (25) percent of the total floor area

is used for such purpose.

1.1(14) Public and private parks, playgrounds and playfields, country clubs and

neighborhood and municipal buildings and uses in keeping with the character and

requirements of the district.

1.1(15) Customary home occupations conducted within the principal structure, but only by

a person resident of the premise; provided, that not more than one person, not a

resident of the premises, is employed.

1.1(16) One unilluminated temporary on-site sign not exceeding sixteen (16) square feet in

area, advertising the sale of farm or garden products for the duration of the harvest

season.

1.1(17) Limited farming uses.

1.1(18) Accessory uses or structures customarily incidental to the above permitted uses.

1.1(19) Recreational uses not involving a profit oriented activity.

1.1(20) Medical facilities; or practitioners of the healing arts.

1.1(21) Bed and Breakfast Homestay.

1.1(22)Cemetery.

1.1(23)Movie theaters, except drive-ins.

7-18-16 1.1(24)Grocery store or market selling food and other convenience good.

7-18-16 1.1(25)Entertainment uses including, but not limited to, live music venues, bars, dance

clubs and night clubs.

7-18-16 1.1(26)Microbrewery with on-premises brewing and consumption of beer and/or cider.

10-17-16 1.1(27)Cottage Court, in accordance with provisions set forth in Sections 1.4, 1.5, and 1.6

of this Article, and Article IV, Section 2.3.

1.2 Uses Permitted on Appeal.

1.2 (1) Higher education facilities.

1.2 (2) Churches or places intended for worship by a religious body and any other similar

uses or structures; subject to such conditions as the Franklin County Board of

Zoning Appeals may require to preserve and protect the character of the area in

which the proposed use is located.

1.2 (3) Public and semi-public uses. Public Utilities.

1.2 (4) Recreational use involving a profit orientated activity.

1.2 (5) Day care facilities.

1.2 (6) Funeral home.

1.2 (7) Bed and Breakfast Inn.

1.2 (8) Assisted-care facility.

1.2 (9) Nursing home.

1.2 (10) Car wash facility.

1.2 (11) Self-service storage facility.

1.2 (12) Service stations.

7-18-16 1.2 (13) Hotel or Inn.

1.3 Uses Prohibited.

1.3(1) Mobile homes; billboards and similar advertising structures; Industrial Uses;

Adult Oriented Uses; uses not specifically permitted; or uses not specifically

permitted on appeal.

1.4 Lot Area, Lot Width, and Building Area. The principal structure or structures shall be

located to comply with the following requirements.

7-18-16 1.4(1) Lot Area, Lot Width, Rear and Side Yards.

Minimum lot area for detached dwellings or structures.......... No Minimum

Minimum lot area for attached dwellings or structures........... No Minimum

Minimum lot width at building line:

For detached dwellings................................ 25 feet

For attached dwellings................................. 18 feet

For other permitted uses............................... 25 feet

Minimum rear yard for structures.................................. 3 feet

Minimum side yard:

For structures used as detached dwellings ........ 5 feet

For attached dwellings........................................ 0 feet

For all other structures........................................ 0 feet

For uses located on parcels abutting lakes, rivers, or bluff boundaries:

Minimum side yard that abuts the lake, river, or bluff..................10 feet

Minimum rear yard that abuts the lake, river, or bluff..................10 feet

7-18-16 1.4(2) Front Yards.

Minimum front yard for structures………0 feet

7-18-16 1.4(3) Building Area. On any lot or tract, the area occupied by all structures, including

accessory structures, shall not exceed eighty (80) percent of the total area, with the

exception of attached structures, which may occupy one hundred (100) percent of

the total area.

7-18-16 1.5 Height. Principal structures shall not exceed three (3) stories in height, except for

churches or educational uses. No accessory structure shall exceed two (2) stories in height.

1.6 Location of Accessory Structures.

1.6(1) Accessory structures shall be located at least five (5) feet from all lot lines.

1.6(2) In addition, no accessory structure shall be erected or located any closer to the road

than allowed by the front setback line.

1.7 Procedures for Approval for Mixed Use Structures.

1.7(1) Mixed Use structures shall be required to submit a Plot Plan per Article IV, section

12 of this Resolution.

7-18-16 1.8 Dimensional Standards for Parking Spaces and Aisles

1.8(1) In the Mixed Use District, Parking Spaces and parking lot aisles shall comply with the

minimum dimensional standards established in the table below. No more than twenty

(20) percent of the total parking spaces may be designed and designated for compact

cars.

Dimensional Standards for Parking Spaces and Aisles

Angle Drive Aisle Width

One Way Two Way Space Width* Space Length*

Parallel 12’ 20’ 8’ 20’

30 degree angled 11’ 22’ 9’ 18’

45 degree angled 13’ 22’ 9’ 18’

60 degree angled 18’ 22’ 9’ 18’

Perpendicular 22’ 22’ 9’ 18’

*Compact Spaces may be no smaller than 8’ in width by 15’ in length.

7-18-16 1.9 Actual Parking Attributable to a Lot. For the purposes of this Article VII, “Actual Parking

Attributable to a Lot” shall mean and be calculated as the sum of the following:

1.9(1) all Parking Spaces within the lot;

1.9(2) all Parking Spaces which are adjacent to the front Lot Line created by an abutting

thoroughfare, and on the same side of the thoroughfare as the Lot; and

1.9(3) if elected by the applicant, all Parking Spaces within a Parking Area or parking

structure available to the public or by parking agreement or easement which are

within the same block as the Lot or adjacent to the block in which the Lot is

situated. Any fractional spaces of Actual Parking shall be rounded down to the

nearest whole number.

7-18-16 1.10 Shared Parking.

When two uses in the Mixed Use District share parking, the total number of required

Parking Spaces or required Parking Area may be reduced by a Shared Parking Factor, as

shown in the table below. The sum of the required Parking Spaces for the two use types

shall be divided by the factor listed in the table below. When three or more uses share

parking, the two uses with the larger proportion of gross floor area shall be used. The

required number of parking spaces shall be rounded up to the closest whole number.

Shared Parking Factor for Two Uses

Dwellings Hotels Business and

professional

offices and

services

Retail, grocery,

convenient

commercial uses,

restaurants and

other food-related

usinesses

Dwellings 1.0 1.1 1.4 1.2

Hotels 1.1 1.0 1.7 1.3

Business and

professional

offices and

services

1.4 1.7 1.0 1.2

Retail, grocery,

convenient

commercial uses,

restaurants and

other food-related

usinesses

1.2 1.3 1.2 1.0

ARTICLE VIII

PROVISIONS GOVERNING COMMERCIAL DISTRICTS

3-13-00 1. General Commercial Districts.

Intent: To provide for major retail and service areas at locations of superior accessibility

on thoroughfares of width and design capable of safely handling the large volumes and

turning movements of traffic associated with these commercial facilities.

Within Commercial Districts, as shown on the official zoning map, the following

regulations shall apply:

1.1 Uses Permitted.

1-22-08 1.1(1) Retail and service uses such as convenience goods, general merchandise,

and apparel stores; business and personal service establishments;

commercial entertainment and recreation such as bowling alleys, skating

rinks, and marine-oriented uses; storage uses such as oil distributorships and

lumber yards; public and semi-public uses

; churches or other places of

worship; and similar uses.

1.1(2) Manufacturing incidental to retail and wholesale business or service

establishments where products are sold on the premise by producers.

1.1(3) Printing and publishing establishments.

1.1(4) Accessory uses or structures customarily incidental to the above permitted

uses.

1.1(5) Residential dwelling unit provided it is occupied by the owner or an

employee of the above permitted uses and is incidental to such permitted

uses.

1.1(6) Separation Centers.

1.2 Uses Permitted on Appeal.

1.2(1) Agricultural uses.

1.2(2) Shopping Mall.

10-16-00 1.2(3) Adult Oriented Uses provided that :

10-16-00 1.2(3.1) Any adult oriented establishment must be located on a state or

federal numbered highway.

10-16-00 1.2(3.2) Any adult oriented establishment must be located a minimum of

1500 feet from any residence, educational facility (public or

private), religious institutions, public parks or recreational areas,

and daycare facilities. For the purpose of this resolution,

measurement shall be made in a straight line, without regard to

intervening structures or objects, from the nearest portion of the

building or structure used as a part of the premises where a

sexually oriented business is conducted to the nearest affected

structure.

10-16-00 1.2(3.3) Any adult oriented establishment must be a minimum of 1500 feet

from any R, Residential zoned district (county or municipality).

For the purpose of this resolution, measurement shall be made in a

straight line, without regard to intervening structures or objects,

from the nearest portion of the building or structure used as a part

of the premises where a sexually oriented business is conducted to

the nearest zoning district line.

10-16-00 1.2(3.4) Any adult oriented establishment must be a minimum of 1500 feet

from any other adult oriented establishment. For the purpose of

this resolution the distance between any two adult oriented

establishments shall be measured in a straight line, without regard

to intervening structures or objects from the closest exterior wall of

the structure in which each establishment is located.

1.3 Uses Prohibited.

1.3(1) Industrial uses; junkyards.

1.3(2) Gasoline, oil, or alcohol storage above the ground in excess of seven hundred

(700) gallons.

10-16-00 1.3(3) Any use not specifically Permitted or Permitted on Appeal.

1.4 Lot Area.

The minimum lot area shall be ten thousand (10,000) square feet.

1.5 Yards.

1.5(1) Lots shall be considered fronting on either arterial or collector roads. All

principal and accessory structures shall be set back from the right-of-way lines

of roads the minimum distance shown below, according to their classifications

as indicated on the latest official county functional highway classification

plan:

Arterial Road ................................................50 feet

Collector Roads ............................................35 feet

1.5(2) On corner lots, all principal and accessory structures shall conform to the

setback requirements for the adjoining road with the highest classification.

4-19-99 1.5(3) The minimum yards adjoining a residential zoned district or an agricultural

zoned district shall conform to minimum setback requirements set forth

below:

Rear……………………………………….40 feet.

Sides………………………………………40 feet.

Screening may be required as provided for in Article IV, Section 11.

1.6 Building Area.

Maximum building area shall be forty (40) percent of the total lot area.

1.7 Height.

Buildings shall not exceed three (3) stories nor thirty-five (35) feet in height.

1.8 Limitations on Signs and Advertising Uses.

All signs not relating to the identification of the premises and occupants and to

products sold or services rendered on the premises are prohibited.

3-13-00 2. C-1, Commercial Districts, Restricted.

Intent: To provide for major retail and service areas at locations of superior accessibility

on thoroughfares of width and design capable of safely handling the large volumes and

turning movements of traffic associated with these commercial facilities.

Within Commercial Districts, as shown on the official zoning map, the following

regulations shall apply:

2.1 Uses Permitted.

1-22-08 2.1(1) Retail and service uses such as convenience goods, general merchandise, and

apparel stores; business and personal service establishments; churches or

other places of worship; and similar uses.

2.1(2) Printing and publishing establishments.

2.1(3) Accessory uses or structures customarily incidental to the above permitted

uses.

2.1(4) Residential dwelling unit provided it is occupied by the owner or an

employee of the above permitted uses and is incidental to such permitted

uses.

2.2 Uses Permitted on Appeal.

2.2(1) Agricultural uses.

2.3 Uses Prohibited.

2.3(1) Industrial uses; junkyards.

2.3(2) Gasoline, oil, or alcohol storage above the ground in excess of seven

hundred (700) gallons.

2.3(3) Uses not specifically permitted.

2.4 Lot Area.

The minimum lot area shall be one-half (1/2) acre.

2.5 Yards.

2.5(1) Lots shall be considered fronting on either arterial or collector roads. All

principal and accessory structures shall be set back from the right-of-way

lines of roads the minimum distance shown below, according to their

classifications as indicated on the latest official county functional highway

classification plan:

Arterial Road ...............................................50 feet.

Collector Roads............................................35 feet.

2.5(2) On corner lots, all principal and accessory structures shall conform to the

setback requirements for the adjoining road with the highest classification.

2.5(3) The minimum yards adjoining a residential zoned district or an agricultural

zoned district shall conform to minimum setback requirements set forth

below:

Rear………………………………………40 feet.

Sides…………………………………… 40 feet.

Screening may be required as provided for in Article IV, Section 11.

2.6 Building Area.

Maximum building area shall be forty (40) percent of the total lot area.

2.7 Height.

Buildings shall not exceed three (3) stories nor thirty-five (35) feet in height.

2.8 Limitations on Signs and Advertising Uses.

All signs not relating to the identification of the premises and occupants and to

products sold or services rendered on the premises are prohibited.

ARTICLE IX

PROVISIONS GOVERNING INDUSTRIAL DISTRICTS

1. Industrial Districts.

Intent: To provide for industrial uses which are in the main, compatible with nearby

properties in agricultural, residential, or commercial use. Secondly, to protect industrial land

from encroachment by other land uses.

Within Industrial Districts, as shown on the official zoning map, the following regulations

shall apply:

1.1 Uses Permitted.

1.1(1) Industrial uses such as the manufacture of textiles and apparel; fabrication and

assembly of machinery and other products of metal, wood and other materials;

and similar uses; provided they are of a type considered neither unsafe nor

objectionable by reason of odor, dust, fumes, smoke, noise, vibration, refuse

matter, or water-carried waste.

1.1(2) Wholesaling and storage uses; truck terminals; and public uses necessary to

serve the area.

1.1(3) Accessory uses or structures customarily incidental to the above permitted

uses.

4-19-99 1.1(4) Reserved.

1.1(5) Public utilities.

1.1(6) Separation Centers.

1.1(7) Baling Facilities.

1.1(8) Concrete batching plants and mixing plants for either portland cement or asphaltic

cement.

1-22-08 1.1(9) Residential dwelling unit provided it is occupied by the owner or an employee

of the above permitted uses and is incidental to such permitted uses.

1.2 Uses Permitted on Appeal.

Agricultural uses.

1.3 Uses Prohibited.

Uses not permitted.

1.4 Yards.

1.4(1) Lots shall be considered fronting on either arterial or collector roads. All principal

and accessory structures shall be set back from the right-of-way lines of roads the

minimum distance shown below, according to their classifications as indicated on

the latest official municipal-regional thoroughfare plan:

Arterial Roads ................................................... 50 feet

Collector Roads ................................................. 35 feet

1.4(2) On corner lots, all principal and accessory structures shall conform to the setback

requirements for the adjoining road with the highest classification.

1.4(3) The minimum side yards and rear yards shall be twenty (20) feet and twenty-

five (25) feet, respectively.

1.4(4) The minimum yards adjoining nonindustrial districts shall be thirty-five (35) feet.

Screening may be required as provided in Article IV, Section 11.

1.4(5) No yard shall be required for that portion of a lot which fronts on or abuts a railroad

right-of-way.

1.5 Limitations On Signs and Advertising Uses.

All signs not relating to the identification of the premises and occupants and to products

sold or services rendered on the thoroughfares outside urban areas are prohibited.

2. I-1, Industrial District, Special

Intent: To provide suitable areas and standards for intense or potentially noxious industrial uses,

including open land operations, while affording the maximum practicable degree of protection of

property values, land, air, and water quality and other environmental factors for the long term

future of Franklin County inhabitants.

2.1 Uses Permitted

2.1(1) County and municipal owned and/or operated solid waste management facilities

including baling facility, separation center and sanitary landfill facility.

2.1(1.1) Criteria for development of a sanitary landfill facility:

2.1(1.11) In order to provide for the maximum density of

waste and reduce the waste to the smallest practical volume in the

landfill, all waste other than whiteware waste, demolition waste,

and waste removed for the purpose of recycling or composting

shall be baled to achieve a minimum average density of nine

hundred (900) pounds per cubic yard in preparation for placing in

the landfill.

2.1(1.12) Assessments

2.1(1.12) a. A written environmental impact assessment to include

the quality of the site and its potential for future

development as well as uses.

2.1(1.12) b. A written traffic impact assessment including the

potential impact on highways, roads and bridges as

well as traffic flow on the anticipated transportation

routes.

2.1(1.12) c. A written assessment of the active life span of the

facility.

2.1(1.12) d. A statement of the source(s) of the wastes to be

disposed.

2.1(1.13) The land will not be useable for any other purposes for the active

life of the facility plus a minimum of 30 years of post closure

maintenance operations.

2.1(1.14) Access Roads

2.1(1.14) a. Access roads for entering and leaving the facility shall

be from a paved surface highway and be designed to

support the maximum axle weight of the vehicles

traveling on said roads. Access roads and parking

areas shall be paved and maintained with a minimum

of chip and tar surface.

2.1(1.14) b. Access roads shall be a minimum of thirty (30) feet

wide with a fifty (50) foot right of way with sufficient

screening to prevent the dispersal of trash onto

adjacent properties.

2.1(1.15) All wastes entering or leaving the facility shall be transported in

closed or covered trucks capable of containing the wastes being

transported in such manner that no waste matter shall escape

during transit.

2.1(1.16) Buffer zones shall be as specified in rules and regulations

promulgated by the State of Tennessee.

2.1(2) Concrete batching plants and mixing plants for either portland cement or asphaltic

concrete.

1-22-08 2.1(3) Residential dwelling unit provided it is occupied by the owner or an employee

of the above permitted uses and is incidental to such permitted uses.

2.2 Uses Permitted on Appeal

2.2(1) Commercial solid waste management facilities including baling and/or fill

facilities.

2.2(1.1) Criteria for development of a commercial solid waste management

facility.

2.2(1.11) In order to provide for the maximum density of waste and reduce

the waste to the smallest practical volume in the landfill, all

commercial waste to be disposed of within Franklin County shall

be baled to achieve a minimum average density of 900 pounds per

cubic yard in preparation for placing in the landfill.

2.2(1.12) In order to facilitate inspection and control of the waste disposed

of within Franklin County, all such wastes shall be delivered to

the bale facility in the unbaled condition and baling shall be

performed at the baling facility located within the waste

management facility.

2.2(1.13) Assessments

2.2(1.13) a. A written environmental impact assessment toinclude

the quality of the site and its potential for future

development as well as uses.

2.2(1.13) b. A written traffic impact assessment including the

potential impact on highways, roads and bridges as

well as traffic flow on the anticipated transportation

routes.

2.2(1.13) c. A written assessment of the active life span of the

facility.

2.2(1.13) d. A statement of the source(s) of the wastes to be

disposed.

2.2(1.13) e. A written economic impact assessment.

2.2(1.14) Importation of Wastes

2.2(1.14) a. Imported wastes to be disposed of within Franklin

County shall be limited to domestic wastes and

commercial wastes only.

2.2(1.14) b. Imported wastes prohibited from disposal within

Franklin County shall include, but not limited to, the

following: bulky wastes, construction and demolition

wastes, infectious wastes, incinerator ash, motor

vehicle tires and batteries, special wastes, and

hazardous wastes other than those hazardous wastes

managed in accordance with this zoning resolution.

2.2(1.15) The land will not be useable for any other purposes for the active

life of the facility plus a minimum of 30 years of post closure

maintenance.

2.2(1.16) Access Roads

2.2(1.16) a. Access roads for entering and leaving the facility

shall be from a paved surface highway and be

designed to support the maximum axle weight of the

vehicles traveling on said roads. Access roads and

parking areas shall be paved and maintained with a

minimum of chip and tar surface.

2.2(1.16) b. Access roads shall be a minimum of thirty (30) feet

wide with a fifty (50) foot right of way with

sufficient screening to prevent the dispersal of trash

onto adjacent properties.

2.2(1.17) All wastes entering or leaving the facility shall be transported in

closed or covered trucks capable of containing the wastes being

transported in such manner that no waste matter shall escape

during transit.

2.2(1.18) Buffer Zone

2.2(1.18) a. A buffer zone of five hundred (500) feet shall be

established and maintained throughout the life of the

facility between the active portion of the facility and

the facility property line.

2.2(1.18) b. The facility property line shall be a minimum of one

thousand (1,000) feet from any constantly flowing

stream or any body of water with an aerial content of

five (5) acres or more.

2.2(1.19) All commercial waste management facilities shall be subject to

inspection at all reasonable hours by the Franklin County

Sanitation Committee and the Franklin County Board of

Commissioners.

2.2(2) Quarry, mining and the commercial extraction of rock, sand, gravel, earth, clay and

similar materials.

2.2(2.1) Criteria for development of quarry, mining and the commercial extraction

of rock, sand, gravel, earth, clay and similar materials.

2.2(2.11) A plot plan prepared by a registered civil engineer, a registered

surveyor or a landscape architect to include the following:

2.2(2.11) a. North point, scale, and date.

2.2(2.11) b. Location and extent of area to be excavated.

2.2(2.11) c. Location and width of all easements or rights-of-way

on or abutting the property.

2.2(2.11) d. Location of all structures on the property.

2.2(2.11) e. Location of all areas on the property subject to

inundation or flood hazard, and the location, width,

and direction of flow of all watercourses and flood

control channels that may be affected by the

excavation.

2.2(2.11) f. Bench marks.

2.2(2.11) g. Existing contours of the total property and up to 100

feet beyond the property boundary. Contour

intervals shall be at least two (2) foot intervals.

2.2(2.11) h. Typical cross-sections showing the extent of rock,

sand, gravel, earth and clay deposits, and the water

table.

2.2(2.11) i. Processing and storage areas.

2.2(2.11) j. Proposed fencing, gates, parking and signs.

2.2(2.11) k. Ingress-egress roads, plus on-site roads and proposed

surface treatment and means to limit dust.

2.2(2.11) l. A map showing access routes between the property

and the nearest arterial road.

2.2(2.11) m. Areas to be used for ponding.

2.2(2.12) An Operational Statement, which shall include:

2.2(2.12) a. The approximate date of start of the excavation and

the approximate duration of the operation.

2.2(2.12) b. Proposed hours and days of operation.

2.2(2.12) c. Estimated type and volume of the excavation.

2.2(2.12) d. Method of extracting and processing, including the

disposition of overburden or top soils.

2.2(2.12) e. All equipment proposed to be used in the operation of

the facility.

2.2(2.13) An environmental assessment to address:

2.2(2.13) a. Operating practices proposed to be used to minimize

noise, dust, air contaminants, and vibration.

2.2(2.13) b. Methods to prevent pollution of surface or

underground water.

2.2(2.13) c. Surface water run-off and/or drainage.

2.2(2.14) A traffic impact assessment of the proposed use to include an off-

site county road maintenance assistance or reconstruction plan.

This plan must be approved by the County Road Superintendent.

2.2(2.15) A Rehabilitation Plan, which shall include:

2.2(2.15) a. A statement of planned rehabilitation, including

methods of accomplishment, phasing, and timing.

2.2(2.15) b. A plan indicating the final grade of the excavation;

any water features included in the rehabilitation and

methods planned to prevent stagnation and pollution;

landscaping or vegetative planting; and areas of cut or

fill.

2.2(2.15) c. A phasing plan, if the excavation of the site is to be

accomplished in phases. This plan shall indicate the

area and extent of each phase and the approximate

timing of each phase.

2.2(2.15) d. The method of disposing of any equipment or

structures used in the operation of the excavation

upon completion of the excavation.

2.2(2.15) e. The execution of a bond or similar surety instrument

of not less than two thousand dollars ($2,000) nor

more than five thousand dollars ($5,000) per acre of

active quarry or mining throughout a five (5) year

period to restore the lands as prescribed in

rehabilitation plan.

4-19-99 2.2(3) Scrap processing and junk yard, and automobile graveyards.

4-19-99 2.2(3.1) Criteria for development of a scrap processing facility, junk yard and/or

automobile graveyard.

4-19-99 2.2(3.11) Proof of all required State of Tennessee Permits must be on file.

4-19-99 2.2(3.12) A site plan shall be submitted at a scale no smaller than 1”=100’,

and must exhibit the proposed structures, equipment,

appurtenances, required automobile storage areas, loading and

unloading spaces, maneuvering areas, openings for ingress and

egress to public roads, landscape treatment, and other physical

improvements in accordance with General Provisions previously

outlined in this resolution.

4-19-99 2.2(3.13) The use shall front on an arterial or collector road.

4-19-99 2.2(3.14) The area in which the use is located shall be screened and/or

fenced with a privacy fence, of a design and height to be approved

by the Franklin County Board of Zoning Appeals.

4-19-99 2.2(3.15) A drainage plan shall be submitted and approved to insure that

storm-water does not have a significant impact on area properties

or water quality.

2.3 Uses Prohibited

Uses not permitted.

2.4 Yards

2.4(1) Lots shall be considered fronting on arterial roads. All principal and accessory

structures shall be set back from the right-of-way lines of roads the minimum

distance shown below, according to their classifications as indicated on the latest

official regional thoroughfare plan:

Arterial Roads ........................................................... 50 feet

2.4(2) On corner lots, all principal and accessory structures shall conform to the setback

requirements for the adjoining road with the highest classification.

2.4(3) The minimum side yards and rear yards shall be forty (40) feet.

2.4(4) The minimum yards adjoining nonindustrial districts shall be sixty (60) feet.

Screening may be required as provided in Article IV, Section 11.

2.4(5) No yard shall be required for that portion of a lot which fronts on or abuts a

railroad right-of-way.

2.5 Limitations on Signs and Advertising Uses.

All signs not relating to the identification of the premises and occupants and to products

sold or services rendered on the thoroughfares outside urban areas are prohibited.

ARTICLE X

PROVISIONS GOVERNING AGRICULTURAL DISTRICTS

1. A-1 Light Agricultural Districts.

Intent: To provide suitable areas for low density residential development where continuation of

certain farm uses are compatible with this development. The areas are beginning to undergo a

transition from rural to residential use and include community facilities, public utilities, and open

uses which serve specifically the residents of the area or which are benefited by an open

residential environment without creating objectionable or undesirable influences upon residential

developments or influences which are incompatible with a rural environment. Such developments

shall be provided with public potable water.

Within A-1 Light Agricultural Districts, as shown on the County Zoning Map, the

following regulations shall apply:

1.1 Uses Permitted.

1.1(1) Any use permitted in R-1, Single Family Residential Districts.

1.1(2) The raising of domestic livestock as incidental to the above permitted uses

subject to the following limitations.

1.1(2.1) At least one acre is provided for each adult horse and at least one-half acre

is provided for each adult cow, sheep, goat or hog.

1.1(2.2) Young animals, except hogs, up to weaning age, and hogs up to fifty

pounds, shall be limited to three times the number permitted of adult

animals of the same species.

1.1(2.3) Only offspring of female animals maintained on the property can be

counted as young animals. All other livestock shall be counted as adult

animals.

1.1(2.4) Computation of lot area limitation shall exclude one-forth acre for

residential purposes.

1.1(2.5) All applicable local and state health regulations pertaining to the raising

and keeping of domestic livestock are incorporated as a part of this

resolution.

1.2 Uses Permitted On Appeal.

Churches or places intended for worship by a religious body or any other similar uses or

structures; subject to such conditions as the Franklin County Board of Zoning Appeals

may require to preserve and protect the character of the area in which the proposed use is

located.

1.3 Uses Prohibited.

Mobile homes; billboards and similar advertising structures; livestock feed yards; uses not

specifically permitted on appeal.

1.4 Lot Area, Lot Width, and Building Area. The principle structure or structures shall be

located to comply with the following requirements.

1.4(1) Lot Area, Lot Width, Rear and Side Yards.

The minimum lot area required shall be two (2) acres and not less than the area

required by the Franklin County Health Department (Environmentalist) for sanitary

waste disposal utilizing septic tanks.

Minimum lot area for dwelling .................................... 2 acres

Minimum lot width at building line

For residences .................................................... 100 feet

For institutional uses .......................................... 250 feet

For other permitted uses ..................................... 200 feet

Minimum rear yard .................................................. 50 feet

Minimum side yard .................................................. 30 feet

For roadside portions of corner

lots ............................................. Minimum plus fifty percent

4-19-99 For uses located on parcels abutting lakes, rivers, or bluff boundaries:

Minimum side yard that abuts the lake, river, or bluff……10 feet

Minimum rear yard that abuts the lake, river, or bluff…....10 feet

1.4(2) Front Yards. All principle and accessory structures shall be set back from the

right-of-way lines of roads the minimum distance shown below, according to the

classification as indicated on the latest official municipal-regional thoroughfare

plan:

Arterial Roads ............................................... 75 feet

Other Roads .................................................. 60 feet

1.4(3) Building Area. On any lot or tract, the area occupied by all structures, including

accessory structures shall not exceed twenty-five (25) percent of the total area.

1.5 Height. Principle structures shall not exceed three (3) stories or thirty-five (35) feet in

height, except for churches which must increase each side yard width over the required

minimum by five (5) feet for every five (5) feet or fraction thereof of additional height.

No accessory structure shall exceed two (2) stories in height.

1.6 Location of Accessory Structures.

1.6(1) No accessory structure shall be erected or located in any required front or

side yards.

1.6(2) Accessory structures (excluding those housing domestic livestock) shall be

located at least ten (10) feet from all lot lines.

1.6(3) Accessory structures housing domestic livestock shall be located at least forty (40)

feet from any property line and three-hundred (300) feet from any residential

dwelling.

2. A-2 Medium Agricultural Districts

Intent: To provide suitable areas for residential development where continuation of certain farm

uses are compatible with this development. The areas are beginning to undergo a transition from

predominantly rural agricultural to residential use and include community facilities, public

utilities, and open uses which serve specifically the residents of the area or which are benefited

by an open residential environment without creating objectionable or undesirable influences upon

residential developments or influences which are incompatible with a rural environment. Such

developments shall be provided with public potable water.

Within A-2 Medium Agricultural Districts, as shown on the Official Zoning Map, the following

regulations shall apply:

2.1 Uses Permitted.

2.1(1) Any use permitted in R-1, Single Family Residential Districts.

2.1(2) The raising of domestic livestock as incidental to the above permitted uses

subject to the following limitations.

2.1(2.1) At least one acre is provided for each adult horse and at least one-half acre

is provided for each adult cow, sheep, goat, or hog.

2.1(2.2) Young animals, except hogs, up to weaning age, and hogs up to fifty

pounds, shall be limited to three times the number permitted of adult

animals of the same species.

2.1(2.3) Only offspring of female animals maintained on the property can be

counted as young animals. All other livestock shall be counted as adult

animals.

2.1(2.4) Computation of lot area limitation shall exclude one-fourth acre for

residential purposes.

2.1(2.5) All applicable local and state health regulations pertaining to the raising

and keeping of domestic livestock are incorporated as a part of this

resolution.

2.2 Uses Permitted on Appeal.

Churches or places intended for worship by a religious body or any other similar uses or

structures; subject to such conditions as the Franklin County Board of Zoning Appeals

may require to preserve and protect the character of the area in which the proposed use is

located.

2.3 Uses Prohibited.

Mobile homes; billboards and similar advertising structures; livestock feed yards; uses not

specifically permitted on appeal.

2.4 Lot Area, Lot Width, and Building Area. The principle structure or structures shall be

located to comply with the following requirements.

2.4(1) Lot Area, Lot Width, Rear and Side Yards.

The minimum lot area required shall be one (1) acre and not less than

the area required by the Franklin County Health Department

(Environmentalist) for sanitary waste disposal utilizing septic tanks.

Minimum lot area for dwelling ....................... 1 acre

Minimum lot width at building line

For residences ......................................... 100 feet

For institutional uses ............................... 250 feet

For other permitted uses .......................... 200 feet

Minimum rear yard ....................................... 50 feet

Minimum side yard ....................................... 30 feet

For roadside portions of corner

lots ................................................... Minimum plus

fifty percent

4-19-99 For uses located on parcels abutting lakes, rivers, or bluff boundaries:

Minimum side yard that abuts the lake, river, or bluff………10 feet

Minimum rear yard that abuts the lake, river, or bluff….…...10 feet

2.4(2) Front Yards. All principle and accessory structures shall be set back from

the right-of-way lines of roads and the minimum distance shown below,

according to the classification as indicated on the latest official

municipal-regional thoroughfare plan:

Arterial Roads ..................................... 75 feet

Other Roads ........................................ 60 feet

2.4(3) Building Area. On any lot or tract, the area occupied by all structures,

including accessory structures shall not exceed twenty-five (25) percent of

the total area.

2.5 Height. Principal structures shall not exceed three (3) stories or thirty-five (35) feet in

height, except for churches which must increase each side yard width over the required

minimum by five (5) feet for every five (5) feet or fraction thereof of additional height. No

accessory structure shall exceed two (2) stories in height.

2.6 Location of Accessory Structures.

2.6(1) No accessory structure shall be erected or located in any required front or

side yards.

2.6(2) Accessory structures (excluding those housing domestic livestock) shall be

located at least ten (10) feet from all lot lines.

2.6(3) Accessory structures housing domestic livestock shall be located at least

forty (40) feet from any property line and three-hundred (300) feet from any

residential dwelling.

3. Agricultural Districts.

Intent: To protect lands suited to agricultural uses, and to provide for an adequate standard of

non-agricultural development along thoroughfares outside urban areas.

Within Agricultural Districts, as shown on the official zoning map, the following

regulations shall apply:

3.1 Uses Permitted.

3.1(1) Agricultural uses.

3.1(2) Residence or Residences including not more than two mobile homes for those

owning and operating agricultural activities. See definition of agricultural.

3.1(3) Roadside stands for sale of produce and handicrafts grown or made primarily on the

premises.

3.1(4) General and specialized farming.

3.1(5) Recreational use that does not involve a planned profit generating activity.

4-19-99 3.1(6) Reserved.

3.1(7) Convenient commercial uses.

3.1(8) Temporary portable sawmills.

3.1(9) Separation Centers.

3.1(10) Baling Facilities.

4-19-99 3.1(11) The development of a Residential Subdivision with no more than six (6) lots.

Residential Subdivisions with seven (7) or more lots shall be developed in R-1,

R-2, R-3, (R-1C), (MU), A-1, or A-2 zoned districts. All such developments shall

be provided with public potable water.

10-16-17 3.1(12)Personal residential storage.

3.2 Uses Permitted on Appeal to the Board of Zoning Appeals.

3.2(1) Roadside stands for the sale of produce confined to one building not to exceed nine

hundred (900) square feet, one building for refrigeration not to exceed five hundred

(500) square feet, and one building for storage not to exceed five hundred (500)

square feet; subject to such conditions as the Board of Zoning Appeals deems

appropriate to protect the general public and more particularly neighboring

property owners, from traffic hazards, health hazards, and unsightliness.

3.2(2) Any other use deemed incidental to the farming profession.

4-19-99 3.2(3) Any use permitted in a Residential zoned district, except multiple family dwellings.

3.2(4) Public utilities.

3.2(5) Recreational use involving a profit orientated activity.

6-15-09 3.2(6) Limited commercial and manufacturing activities not incidental to the farming

occupation conducted within an accessory structure provided that:

3.2(6.1) It is conducted in an accessory structure.

3.2(6.2) The activity is clearly subordinate to the principal land use.

3.2(6.3) The activity is conducted in the rear yard.

3.2(6.4) Any expansion of the accessory structure is subject to

the approval of the Board of Zoning Appeals.

3.2(6.5) The number of employees not residing on the same lot as the accessory

structure housing the limited land use activity shall not exceed two.

3.2(6.6) The activity must be free from offensive noise, vibration, odorous

matter, dust, smoke, explosions, toxic or noxious matter, and other

objectionable influences which would be injurious to neighboring

properties.

3-13-00 3.2(7) The operation of a Family Day Care Home or a Group Day Care Home provided

that:

3.2(7.1) All applicable Federal, State, and County laws are complied with.

3.2(7.2) Any expansion of the structure is subject to the approval of the

Board of Zoning Appeals

3.3 Uses Prohibited.

All uses not permitted herein.

4-19-99 3.3(1) Multi-family dwellings, group housing developments and mobile home parks.

3.4 Minimum Yards.

10-16-17 3.4(1) Front …………………………………................ 40 ft.

3.4(2) Side ...................................................................... 25 ft.

3.4(3) Except where the lots are sewered by a modern central system and as to such lots

thus sewered the minimum side yard shall be fifteen (15) feet.

3.4(4) Rear ….................................................................. 40 ft.

4-19-99 For uses located on parcels abutting lakes, rivers, or bluff boundaries:

Minimum side yard that abuts the lake, river, or bluff………10 feet

Minimum rear yard that abuts the lake, river, or bluff….…...10 feet

3.5 Minimum Lot Size.

3.5(1) Area ................................................................. One-half acre

3.5(2) Area per family ................................................ One-half acre

3.5(3) Width at building line ...................................... 100 ft.

3.6 Maximum Building Area.

Twenty-five (25) percent of lot.

3.7 Maximum Height.

3.7(1) Forty-five (45) feet ..... or ..... Three and one half stories.

3.8 Accessory Structures.

3.8(1) No accessory structure shall be erected or located in any required front yard.

3.8(2) Accessory structures shall be located at least ten (10) feet from all lot lines.

1-21-14 ARTICLE XI.

FLOODPLAIN DISTRICT

1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

1.1. Statutory Authorization

The Legislature of the State of Tennessee has in Sections 13-7-101 through 13-7-115,

Tennessee Code Annotated delegated the responsibility to the county legislative body to

adopt regulations designed to promote the public health, safety, and general welfare of its

citizenry. Therefore, the Franklin County, Tennessee, Mayor and Board of County

Commissioners, do resolve as follows:

1.2. Findings of Fact

1.2(1) The Board of County Commissioners of Franklin County, Tennessee, Mayor

and its Legislative Body wish to maintain eligibility in the National Flood

Insurance Program (NFIP) and in order to do so must meet the NFIP

regulations found in Title 44 of the Code of Federal Regulations (CFR), Ch.

1, Section 60.3.

1.2(2) Areas of Franklin County, Tennessee are subject to periodic inundation

which could result in loss of life and property, health and safety hazards,

disruption of commerce and governmental services, extraordinary public

expenditures for flood protection and relief, and impairment of the tax base,

all of which adversely affect the public health, safety and general welfare.

1.2(3) Flood losses are caused by the cumulative effect of obstructions in

floodplains, causing increases in flood heights and velocities; by uses in

flood hazard areas which are vulnerable to floods; or construction which is

inadequately elevated, floodproofed, or otherwise unprotected from flood

damages.

1.3 Statement of Purpose

It is the purpose of this Resolution to promote the public health, safety and general welfare

and to minimize public and private losses due to flood conditions in specific areas. This

Resolution is designed to:

1.3(1) Restrict or prohibit uses which are vulnerable to flooding or erosion hazards, or

which result in damaging increases in erosion, flood heights, or velocities;

1.3(2) Require that uses vulnerable to floods, including community facilities, be protected

against flood damage at the time of initial construction;

1.3(3) Control the alteration of natural floodplains, stream channels, and natural protective

barriers which are involved in the accommodation of floodwaters;

1.3(4) Control filling, grading, dredging and other development which may increase flood

damage or erosion;

1.3(5) Prevent or regulate the construction of flood barriers which will unnaturally divert

flood waters or which may increase flood hazards to other lands.

1.4 Objectives

The objectives of this Resolution are:

1.4(1) To protect human life, health, safety and property;

1.4(2) To minimize expenditure of public funds for costly flood control projects;

1.4(3) To minimize the need for rescue and relief efforts associated with flooding and

generally undertaken at the expense of the general public;

1.4(4) To minimize prolonged business interruptions;

1.4(5) To minimize damage to public facilities and utilities such as water and gas mains,

electric, telephone and sewer lines, streets and bridges located in floodprone areas;

1.4(6) To help maintain a stable tax base by providing for the sound use and development

of floodprone areas to minimize blight in flood areas;

1.4(7) To ensure that potential homebuyers are notified that property is in a floodprone

area;

1.4(8) To maintain eligibility for participation in the NFIP.

2. DEFINITIONS

Unless specifically defined below, words or phrases used in this Resolution shall be interpreted

as to give them the meaning they have in common usage and to give this Resolution its most

reasonable application given its stated purpose and objectives.

"Accessory Structure" means a subordinate structure to the principal structure on the same lot

and, for the purpose of this Resolution, shall conform to the following:

1. Accessory structures shall only be used for parking of vehicles and storage.

2. Accessory structures shall be designed to have low flood damage potential.

3. Accessory structures shall be constructed and placed on the building site so as to offer the

minimum resistance to the flow of floodwaters.

4. Accessory structures shall be firmly anchored to prevent flotation, collapse, and lateral

movement, which otherwise may result in damage to other structures.

5. Utilities and service facilities such as electrical and heating equipment shall be elevated or

otherwise protected from intrusion of floodwaters.

"Addition (to an existing building)" means any walled and roofed expansion to the perimeter or

height of a building.

"Appeal" means a request for a review of the local enforcement officer’s interpretation of any

provision of this Resolution or a request for a variance.

"Area of Shallow Flooding" means a designated AO or AH Zone on a community's Flood

Insurance Rate Map (FIRM) with one percent or greater annual chance of flooding to an average

depth of one to three feet where a clearly defined channel does not exist, where the path of

flooding is unpredictable and indeterminate; and where velocity flow may be evident. Such

flooding is characterized by ponding or sheet flow.

"Area of Special Flood-related Erosion Hazard" is the land within a community which is most

likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E

on the Flood Hazard Boundary Map (FHBM). After the detailed evaluation of the special flood-

related erosion hazard area in preparation for publication of the FIRM, Zone E may be further

refined.

"Area of Special Flood Hazard" see “Special Flood Hazard Area”.

"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any

given year. This term is also referred to as the 100-year flood or the one (1)-percent annual

chance flood.

"Basement" means any portion of a building having its floor subgrade (below ground level) on all

sides.

"Building" see “Structure”.

"Development" means any man-made change to improved or unimproved real estate, including,

but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,

excavating, drilling operations, or storage of equipment or materials.

"Elevated Building" means a non-basement building built to have the lowest floor of the lowest

enclosed area elevated above the ground level by means of solid foundation perimeter walls with

openings sufficient to facilitate the unimpeded movement of floodwater, pilings, columns, piers,

or shear walls adequately anchored so as not to impair the structural integrity of the building

during a base flood event.

"Emergency Flood Insurance Program" or "Emergency Program" means the program as

implemented on an emergency basis in accordance with Section 1336 of the Act. It is intended

as a program to provide a first layer amount of insurance on all insurable structures before the

effective date of the initial FIRM.

"Erosion" means the process of the gradual wearing away of land masses. This peril is not “per

se” covered under the Program.

"Exception” means a waiver from the provisions of this Resolution which relieves the applicant

from the requirements of a rule, regulation, order or other determination made or issued pursuant

to this Resolution.

"Existing Construction" means any structure for which the "start of construction" commenced

before the effective date of the initial floodplain management code or resolution adopted by the

community as a basis for that community’s participation in the NFIP.

"Existing Manufactured Home Park or Subdivision" means a manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the

construction of streets, final site grading or the pouring of concrete pads) is completed before the

effective date of the first floodplain management code or resolution adopted by the community as

a basis for that community’s participation in the NFIP.

"Existing Structures" see "Existing Construction".

"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of

additional sites by the construction of facilities for servicing the lots on which the manufactured

homes are to be affixed (including the installation of utilities, the construction of streets, and

either final site grading or the pouring of concrete pads).

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation

of normally dry land areas from:

1. The overflow of inland or tidal waters.

2. The unusual and rapid accumulation or runoff of surface waters from any source.

"Flood Elevation Determination" means a determination by the Federal Emergency Management

Agency (FEMA) of the water surface elevations of the base flood, that is, the flood level that has

a one percent or greater chance of occurrence in any given year.

"Flood Elevation Study” means an examination, evaluation and determination of flood hazards

and, if appropriate, corresponding water surface elevations, or an examination, evaluation and

determination of mudslide (i.e., mudflow) or flood-related erosion hazards.

"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by

FEMA, where the boundaries of areas of special flood hazard have been designated as Zone A.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by FEMA,

delineating the areas of special flood hazard or the risk premium zones applicable to the

community.

"Flood Insurance Study" is the official report provided by FEMA, evaluating flood hazards and

containing flood profiles and water surface elevation of the base flood.

"Floodplain" or "Floodprone Area" means any land area susceptible to being inundated by water

from any source (see definition of "flooding").

"Floodplain Management” means the operation of an overall program of corrective and

preventive measures for reducing flood damage, including but not limited to emergency

preparedness plans, flood control works and floodplain management regulations.

"Flood Protection System” means those physical structural works for which funds have been

authorized, appropriated, and expended and which have been constructed specifically to modify

flooding in order to reduce the extent of the area within a community subject to a "special flood

hazard" and the extent of the depths of associated flooding. Such a system typically includes

hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying

works are those constructed in conformance with sound engineering standards.

"Floodproofing" means any combination of structural and nonstructural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real

property, water and sanitary facilities and structures and their contents.

"Flood-related Erosion" means the collapse or subsidence of land along the shore of a lake or

other body of water as a result of undermining caused by waves or currents of water exceeding

anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body

of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash

flood, or by some similarly unusual and unforeseeable event which results in flooding.

"Flood-related Erosion Area" or "Flood-related Erosion Prone Area" means a land area adjoining

the shore of a lake or other body of water, which due to the composition of the shoreline or bank

and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

"Flood-related Erosion Area Management" means the operation of an overall program of

corrective and preventive measures for reducing flood-related erosion damage, including but not

limited to emergency preparedness plans, flood-related erosion control works and floodplain

management regulations.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that

must be reserved in order to discharge the base flood without cumulatively increasing the water

surface elevation more than a designated height.

"Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of

floodplain management. "Freeboard" tends to compensate for the many unknown factors that

could contribute to flood heights greater than the height calculated for a selected size flood and

floodway conditions, such as wave action, blockage of bridge or culvert openings, and the

hydrological effect of urbanization of the watershed.

"Functionally Dependent Use" means a use which cannot perform its intended purpose unless it

is located or carried out in close proximity to water. The term includes only docking facilities,

port facilities that are necessary for the loading and unloading of cargo or passengers, and ship

building and ship repair facilities, but does not include long-term storage or related

manufacturing facilities.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior to

construction, adjacent to the proposed walls of a structure.

"Historic Structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the

U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior

as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the

historical significance of a registered historic district or a district preliminarily determined

by the Secretary to qualify as a registered historic district;

3. Individually listed on the Tennessee inventory of historic places and determined as

eligible by states with historic preservation programs which have been approved by the

Secretary of the Interior; or

4. Individually listed on the Franklin County, Tennessee inventory of historic places and

determined as eligible by communities with historic preservation programs that have been

certified either:

a. By the approved Tennessee program as determined by the Secretary of the Interior

b. Directly by the Secretary of the Interior.

"Levee" means a man-made structure, usually an earthen embankment, designed and constructed

in accordance with sound engineering practices to contain, control or divert the flow of water so

as to provide protection from temporary flooding.

"Levee System" means a flood protection system which consists of a levee, or levees, and

associated structures, such as closure and drainage devices, which are constructed and operated

in accordance with sound engineering practices.

"Lowest Floor" means the lowest floor of the lowest enclosed area, including a basement. An

unfinished or flood resistant enclosure used solely for parking of vehicles, building access or

storage in an area other than a basement area is not considered a building's lowest floor;

provided, that such enclosure is not built so as to render the structure in violation of the

applicable non-elevation design requirements of this Resolution.

"Manufactured Home" means a structure, transportable in one or more sections, which is built on

a permanent chassis and designed for use with or without a permanent foundation when attached

to the required utilities. The term "Manufactured Home" does not include a "Recreational

Vehicle".

"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land

divided into two or more manufactured home lots for rent or sale.

"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map

(FIRM) for a community issued by FEMA.

"Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a

reference for establishing various elevations within the floodplain. For the purposes of this

Resolution, the term is synonymous with the National Geodetic Vertical Datum (NGVD) of

1929, the North American Vertical Datum (NAVD) of 1988, or other datum, to which Base

Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

"National Geodetic Vertical Datum (NGVD)" means, as corrected in 1929, a vertical control used

as a reference for establishing varying elevations within the floodplain.

"New Construction" means any structure for which the "start of construction" commenced on or

after the effective date of the initial floodplain management Resolution and includes any

subsequent improvements to such structure.

"New Manufactured Home Park or Subdivision" means a manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the

manufactured homes are to be affixed (including at a minimum, the installation of utilities, the

construction of streets, and either final site grading or the pouring of concrete pads) is completed

on or after the effective date of this resolution or the effective date of the initial floodplain

management resolution and includes any subsequent improvements to such structure.

"North American Vertical Datum (NAVD)" means, as corrected in 1988, a vertical control used

as a reference for establishing varying elevations within the floodplain.

"100-year Flood" see "Base Flood".

"Person" includes any individual or group of individuals, corporation, partnership, association, or

any other entity, including State and local governments and agencies.

“Reasonably Safe from Flooding” means base flood waters will not inundate the land or damage

structures to be removed from the Special Flood Hazard Area and that any subsurface waters

related to the base flood will not damage existing or proposed structures.

"Recreational Vehicle" means a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light duty truck;

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters

for recreational, camping, travel, or seasonal use.

"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land

areas that must be reserved in order to discharge the base flood without cumulatively increasing

the water surface elevation more than a designated height.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream,

brook, etc.

“Special Flood Hazard Area” is the land in the floodplain within a community subject to a one

percent or greater chance of flooding in any given year. The area may be designated as Zone A

on the FHBM. After detailed ratemaking has been completed in preparation for publication of

the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE or A99.

"Special Hazard Area" means an area having special flood, mudslide (i.e., mudflow) and/or

flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE,

A99, or AH.

"Start of Construction" includes substantial improvement, and means the date the building permit

was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,

addition, placement, or other improvement was within 180 days of the permit date. The actual

start means either the first placement of permanent construction of a structure (including a

manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles,

the construction of columns, or any work beyond the stage of excavation; and includes the

placement of a manufactured home on a foundation. Permanent construction does not include

initial land preparation, such as clearing, grading and filling; nor does it include the installation

of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or

foundations or the erection of temporary forms; nor does it include the installation on the

property of accessory buildings, such as garages or sheds, not occupied as dwelling units or not

part of the main structure. For a substantial improvement, the actual start of construction means

the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not

that alteration affects the external dimensions of the building.

"State Coordinating Agency" the Tennessee Department of Economic and Community

Development, as designated by the Governor of the State of Tennessee at the request of FEMA to

assist in the implementation of the NFIP for the State.

"Structure" for purposes of this Resolution, means a walled and roofed building, including a gas

or liquid storage tank, that is principally above ground, as well as a manufactured home.

"Substantial Damage" means damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before damaged condition would equal or exceed fifty percent (50%)

of the market value of the structure before the damage occurred.

"Substantial Improvement" means any reconstruction, rehabilitation, addition, alteration or other

improvement of a structure in which the cost equals or exceeds fifty percent (50%) of the market

value of the structure before the "start of construction" of the initial improvement. This term

includes structures which have incurred "substantial damage", regardless of the actual repair

work performed. The market value of the structure should be (1) the appraised value of the

structure prior to the start of the initial improvement, or (2) in the case of substantial damage, the

value of the structure prior to the damage occurring.

The term does not, however, include either: (1) Any project for improvement of a structure to

correct existing violations of State or local health, sanitary, or safety code specifications which

have been pre-identified by the local code enforcement official and which are the minimum

necessary to assure safe living conditions and not solely triggered by an improvement or repair

project or; (2) Any alteration of a "historic structure", provided that the alteration will not

preclude the structure's continued designation as a "historic structure".

"Substantially Improved Existing Manufactured Home Parks or Subdivisions" is where the

repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or

exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair,

reconstruction or improvement commenced.

"Variance" is a grant of relief from the requirements of this Resolution.

"Violation" means the failure of a structure or other development to be fully compliant with the

community's floodplain management regulations. A structure or other development without the

elevation certificate, other certification, or other evidence of compliance required in this

Resolution is presumed to be in violation until such time as that documentation is provided.

"Water Surface Elevation" means the height, in relation to the National Geodetic Vertical Datum

(NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, or other datum, where

specified, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

3. GENERAL PROVISIONS

3.1 Application

This Resolution shall apply to all areas within the unincorporated area of Franklin County,

Tennessee.

9-19-16 3.2 Basis for Establishing the Areas of Special Flood Hazard

The Areas of Special Flood Hazard identified on the Franklin County, Tennessee, as

identified by FEMA, and in its Flood Insurance Study (FIS) dated November 18, 2016 and

Flood Insurance Rate Map (FIRM), Community 470344, Panel Numbers:

47051C0020E, 47051C0030E, 47051C0035E, 47051C0040E, 47051C0041E,

47051C0042E, 47051C0043E, 47051C0044E, 47051C0055E, 47051C0060E,

47051C0063E, 47051C0065E, 47051C0070E, 47051C0100E, 47051C0125E,

47051C0130E, 47051C0131E, 47051C0132E, 47051C0133E, 47051C0134E,

47051C0140E, 47051C0142E, 47051C0151E, 47051C0152E, 47051C0153E,

47051C0154E, 47051C0160E, 47051C0161E, 47051C0162E, 47051C0163E,

47051C0164E, 47051C0166E, 47051C0167E, 47051C0168E, 47051C0169E,

47051C0200E, 47051C0230E, 47051C0234E, 47051C0235E, 47051C0242E,

47051C0245E, 47051C0340E, 47051C0450E dated August 4, 2008, and 47051C0275F

and 47051C0400F dated November 18, 2016, along with all supporting technical data, are

adopted by reference and declared to be a part of this Resolution.

3.3 Requirement for Development Permit

A development permit shall be required in conformity with this Resolution prior to the

commencement of any development activities.

3.4 Compliance

No land, structure or use shall hereafter be located, extended, converted or structurally

altered without full compliance with the terms of this Resolution and other applicable

regulations.

3.5 Abrogation and Greater Restrictions

This Resolution is not intended to repeal, abrogate, or impair any existing easements,

covenants or deed restrictions. However, where this Resolution conflicts or overlaps with

another regulatory instrument, whichever imposes the more stringent restrictions shall

prevail.

3.6 Interpretation

In the interpretation and application of this Resolution, all provisions shall be: (1)

considered as minimum requirements; (2) liberally construed in favor of the governing

body and; (3) deemed neither to limit nor repeal any other powers granted under

Tennessee statutes.

3.7 Warning and Disclaimer of Liability

The degree of flood protection required by this Resolution is considered reasonable for

regulatory purposes and is based on scientific and engineering considerations. Larger

floods can and will occur on rare occasions. Flood heights may be increased by man-

made or natural causes. This Resolution does not imply that land outside the Areas of

Special Flood Hazard or uses permitted within such areas will be free from flooding or

flood damages. This Resolution shall not create liability on the part of Franklin County,

Tennessee or by any officer or employee thereof for any flood damages that result from

reliance on this Resolution or any administrative decision lawfully made hereunder.

3.8 Penalties for Violation

Violation of the provisions of this Resolution or failure to comply with any of its

requirements, including violation of conditions and safeguards established in connection

with grants of variance shall constitute a misdemeanor punishable as other misdemeanors

as provided by law. Any person who violates this resolution or fails to comply with any of

its requirements shall, upon adjudication therefore, be fined as prescribed by Tennessee

statutes, and in addition, shall pay all costs and expenses involved in the case. Each day

such violation continues shall be considered a separate offense. Nothing herein contained

shall prevent Franklin County, Tennessee from taking such other lawful actions to prevent

or remedy any violation.

4. ADMINISTRATION

4.1 Designation of Resolution Administrator

The Building Commissioner is hereby appointed as the Administrator to implement the

provisions of this Resolution.

4.2 Permit Procedures

Application for a development permit shall be made to the Administrator on forms

furnished by the community prior to any development activities. The development permit

may include, but is not limited to the following: plans in duplicate drawn to scale and

showing the nature, location, dimensions, and elevations of the area in question; existing

or proposed structures, earthen fill placement, storage of materials or equipment, and

drainage facilities. Specifically, the following information is required:

4.2(1) Application stage

4.2(1.1) Elevation in relation to mean sea level of the proposed lowest floor,

including basement, of all buildings where Base Flood Elevations are

available, or to certain height above the highest adjacent grade when

applicable under this Resolution.

4.2(1.2) Elevation in relation to mean sea level to which any non-residential

building will be floodproofed where Base Flood Elevations are

available, or to certain height above the highest adjacent grade when

applicable under this Resolution.

4.2(1.3) A FEMA Floodproofing Certificate from a Tennessee registered

professional engineer or architect that the proposed non-residential

floodproofed building will meet the floodproofing criteria in Sections

5.1 and 5.2.

4.2(1.4) Description of the extent to which any watercourse will be altered or

relocated as a result of proposed development.

4.2(2) Construction Stage

Within AE Zones, where Base Flood Elevation data is available, any lowest floor

certification made relative to mean sea level shall be prepared by or under the

direct supervision of, a Tennessee registered land surveyor and certified by same.

The Administrator shall record the elevation of the lowest floor on the development

permit. When floodproofing is utilized for a non-residential building, said

certification shall be prepared by, or under the direct supervision of, a Tennessee

registered professional engineer or architect and certified by same.

Within approximate A Zones, where Base Flood Elevation data is not available, the

elevation of the lowest floor shall be determined as the measurement of the lowest

floor of the building relative to the highest adjacent grade. The Administrator shall

record the elevation of the lowest floor on the development permit. When

floodproofing is utilized for a non-residential building, said certification shall be

prepared by, or under the direct supervision of, a Tennessee registered professional

engineer or architect and certified by same.

For all new construction and substantial improvements, the permit holder shall

provide to the Administrator an as-built certification of the lowest floor elevation or

floodproofing level upon the completion of the lowest floor or floodproofing.

Any work undertaken prior to submission of the certification shall be at the permit

holder's risk. The Administrator shall review the above-referenced certification

data. Deficiencies detected by such review shall be corrected by the permit holder

immediately and prior to further work being allowed to proceed. Failure to submit

the certification or failure to make said corrections required hereby, shall be cause

to issue a stop-work order for the project.

4.3 Duties and Responsibilities of the Administrator

Duties of the Administrator shall include, but not be limited to, the following:

4.3(1) Review all development permits to assure that the permit requirements of this

Resolution have been satisfied, and that proposed building sites will be reasonably

safe from flooding.

4.3(2) Review proposed development to assure that all necessary permits have been

received from those governmental agencies from which approval is required by

Federal or State law, including Section 404 of the Federal Water Pollution Control

Act Amendments of 1972, 33 U.S.C. 1334.

4.3(3) Notify adjacent communities and the Tennessee Department of Economic and

Community Development, Local Planning Assistance Office, prior to any alteration

or relocation of a watercourse and submit evidence of such notification to FEMA.

4.3(4) For any altered or relocated watercourse, submit engineering data/analysis within

six (6) months to FEMA to ensure accuracy of community FIRM’s through the

Letter of Map Revision process.

4.3(5) Assure that the flood carrying capacity within an altered or relocated portion of any

watercourse is maintained.

4.3(6) Record the elevation, in relation to mean sea level or the highest adjacent grade,

where applicable, of the lowest floor (including basement) of all new and

substantially improved buildings, in accordance with Section 4.2.

4.3(7) Record the actual elevation, in relation to mean sea level or the highest adjacent

grade, where applicable to which the new and substantially improved buildings

have been floodproofed, in accordance with Section 4.2.

4.3(8) When floodproofing is utilized for a nonresidential structure, obtain certification of

design criteria from a Tennessee registered professional engineer or architect, in

accordance with Section 4.2.

4.3(9) Where interpretation is needed as to the exact location of boundaries of the Areas

of Special Flood Hazard (for example, where there appears to be a conflict between

a mapped boundary and actual field conditions), make the necessary interpretation.

Any person contesting the location of the boundary shall be given a reasonable

opportunity to appeal the interpretation as provided in this Resolution.

4.3(10) When Base Flood Elevation data and floodway data have not been provided by

FEMA, obtain, review, and reasonably utilize any Base Flood Elevation and

floodway data available from a Federal, State, or other sources, including data

developed as a result of these regulations, as criteria for requiring that new

construction, substantial improvements, or other development in Zone A on the

Franklin County, Tennessee FIRM meet the requirements of this Resolution.

4.3(11) Maintain all records pertaining to the provisions of this Resolution in the office of

the Administrator and shall be open for public inspection. Permits issued under the

provisions of this Resolution shall be maintained in a separate file or marked for

expedited retrieval within combined files.

5. PROVISIONS FOR FLOOD HAZARD REDUCTION

5.1 General Standards

In all areas of special flood hazard, the following provisions are required:

5.1(1) New construction and substantial improvements shall be anchored to prevent

flotation, collapse and lateral movement of the structure;

5.1(2) Manufactured homes shall be installed using methods and practices that minimize

flood damage. They must be elevated and anchored to prevent flotation, collapse

and lateral movement. Methods of anchoring may include, but are not limited to,

use of over-the-top or frame ties to ground anchors. This requirement is in addition

to applicable State of Tennessee and local anchoring requirements for resisting

wind forces.

5.1(3) New construction and substantial improvements shall be constructed with materials

and utility equipment resistant to flood damage;

5.1(4) New construction and substantial improvements shall be constructed by methods

and practices that minimize flood damage;

5.1(5) All electrical, heating, ventilation, plumbing, air conditioning equipment, and other

service facilities shall be designed and/or located so as to prevent water from

entering or accumulating within the components during conditions of flooding;

5.1(6) New and replacement water supply systems shall be designed to minimize or

eliminate infiltration of flood waters into the system;

5.1(7) New and replacement sanitary sewage systems shall be designed to minimize or

eliminate infiltration of flood waters into the systems and discharges from the

systems into flood waters;

5.1(8) On-site waste disposal systems shall be located and constructed to avoid

impairment to them or contamination from them during flooding;

5.1(9) Any alteration, repair, reconstruction or improvements to a building that is in

compliance with the provisions of this Resolution, shall meet the requirements of

"new construction" as contained in this Resolution;

5.1(10) Any alteration, repair, reconstruction or improvements to a building that is not in

compliance with the provision of this Resolution, shall be undertaken only if said

non-conformity is not further extended or replaced;

5.1(11) All new construction and substantial improvement proposals shall provide copies

of all necessary Federal and State permits, including Section 404 of the Federal

Water Pollution Control Act amendments of 1972, 33 U.S.C. 1334;

5.1(12) All subdivision proposals and other proposed new development proposals shall

meet the standards of Section 5.2;

5.1(13) When proposed new construction and substantial improvements are partially

located in an area of special flood hazard, the entire structure shall meet the

standards for new construction;

5.1(14) When proposed new construction and substantial improvements are located in

multiple flood hazard risk zones or in a flood hazard risk zone with multiple Base

Flood Elevations, the entire structure shall meet the standards for the most

hazardous flood hazard risk zone and the highest Base Flood Elevation.

5.2 Specific Standards

In all Areas of Special Flood Hazard, the following provisions, in addition to those set

forth in Section 5.1, are required:

5.2(1) Residential Structures

In AE Zones where Base Flood Elevation data is available, new construction and

substantial improvement of any residential building (or manufactured home) shall

have the lowest floor, including basement, elevated to no lower than one (1) foot

above the Base Flood Elevation. Should solid foundation perimeter walls be used

to elevate a structure, openings sufficient to facilitate equalization of flood

hydrostatic forces on both sides of exterior walls shall be provided in accordance

with the standards of this section: “Enclosures”.

Within approximate A Zones where Base Flood Elevations have not been

established and where alternative data is not available, the administrator shall

require the lowest floor of a building to be elevated to a level of at least three (3)

feet above the highest adjacent grade (as defined in Section 2). Should solid

foundation perimeter walls be used to elevate a structure, openings sufficient to

facilitate equalization of flood hydrostatic forces on both sides of exterior walls

shall be provided in accordance with the standards of this section: “Enclosures”

5.2(2) Non-Residential Structures

In AE Zones, where Base Flood Elevation data is available, new construction and

substantial improvement of any commercial, industrial, or non-residential building,

shall have the lowest floor, including basement, elevated or floodproofed to no

lower than one (1) foot above the level of the Base Flood Elevation. Should solid

foundation perimeter walls be used to elevate a structure, openings sufficient to

facilitate equalization of flood hydrostatic forces on both sides of exterior walls

shall be provided in accordance with the standards of this section: “Enclosures”

In approximate A Zones, where Base Flood Elevations have not been established

and where alternative data is not available, new construction and substantial

improvement of any commercial, industrial, or non-residential building, shall have

the lowest floor, including basement, elevated or floodproofed to no lower than

three (3) feet above the highest adjacent grade (as defined in Section 2). Should

solid foundation perimeter walls be used to elevate a structure, openings sufficient

to facilitate equalization of flood hydrostatic forces on both sides of exterior walls

shall be provided in accordance with the standards of this section: “Enclosures”

Non-Residential buildings located in all A Zones may be floodproofed, in lieu of

being elevated, provided that all areas of the building below the required elevation

are watertight, with walls substantially impermeable to the passage of water, and

are built with structural components having the capability of resisting hydrostatic

and hydrodynamic loads and the effects of buoyancy. A Tennessee registered

professional engineer or architect shall certify that the design and methods of

construction are in accordance with accepted standards of practice for meeting the

provisions above, and shall provide such certification to the Administrator as set

forth in Section 4.2

5.2(3) Enclosures

All new construction and substantial improvements that include fully enclosed

areas formed by foundation and other exterior walls below the lowest floor that are

subject to flooding, shall be designed to preclude finished living space and

designed to allow for the entry and exit of flood waters to automatically equalize

hydrostatic flood forces on exterior walls.

5.2(3.1) Designs for complying with this requirement must either be certified

by a Tennessee professional engineer or architect or meet or exceed

the following minimum criteria.

5.2(3.1.1) Provide a minimum of two openings having a total net

area of not less than one (1) square inch for every

square foot of enclosed area subject to flooding;

5.2(3.1.2) The bottom of all openings shall be no higher than one

(1) foot above the finished grade;

5.2(3.1.3) Openings may be equipped with screens, louvers,

valves or other coverings or devices provided they

permit the automatic flow of floodwaters in both

directions.

5.2(3.2) The enclosed area shall be the minimum necessary to allow for

parking of vehicles, storage or building access.

5.2(3.3) The interior portion of such enclosed area shall not be finished or

partitioned into separate rooms in such a way as to impede the

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movement of floodwaters and all such partitions shall comply with

the provisions of Section 5.2.

5.2(4) Standards for Manufactured Homes and Recreational Vehicles

5.2(4.1) All manufactured homes placed, or substantially improved, on: (1)

individual lots or parcels, (2) in expansions to existing manufactured

home parks or subdivisions, or (3) in new or substantially improved

manufactured home parks or subdivisions, must meet all the

requirements of new construction.

5.2(4.2) All manufactured homes placed or substantially improved in an

existing manufactured home park or subdivision must be elevated so

that either:

5.2(4.2.1) In AE Zones, with Base Flood Elevations, the lowest

floor of the manufactured home is elevated on a

permanent foundation to no lower than one (1) foot

above the level of the Base Flood Elevation or

5.2(4.2.2) In approximate A Zones, without Base Flood

Elevations, the manufactured home chassis is elevated

and supported by reinforced piers (or other foundation

elements of at least equivalent strength) that are at least

three (3) feet in height above the highest adjacent grade

(as defined in Section 2).

5.2(4.3) Any manufactured home, which has incurred “substantial damage” as

the result of a flood, must meet the standards of Sections 5.1 and 5.2.

5.2(4.4) All manufactured homes must be securely anchored to an adequately

anchored foundation system to resist flotation, collapse and lateral

movement.

5.2(4.5) All recreational vehicles placed in an identified Special Flood Hazard

Area must either:

5.2(4.5.1) Be on the site for fewer than 180 consecutive days;

5.2(4.5.2) Be fully licensed and ready for highway use (a

recreational vehicle is ready for highway use if it is

licensed, on its wheels or jacking system, attached to

the site only by quick disconnect type utilities and

security devices, and has no permanently attached

structures or additions), or;

5.2(4.5.3) The recreational vehicle must meet all the requirements

or new construction.

5.2(5) Standards for Subdivisions and Other Proposed New Development Proposals

Subdivisions and other proposed new developments, including manufactured home

parks, shall be reviewed to determine whether such proposals will be reasonably

safe from flooding.

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5.2(5.1) All subdivision and other proposed new development proposals shall

be consistent with the need to minimize flood damage.

5.2(5.2) All subdivision and other proposed new development proposals shall

have public utilities and facilities such as sewer, gas, electrical and

water systems located and constructed to minimize or eliminate flood

damage.

5.2(5.3) All subdivision and other proposed new development proposals shall

have adequate drainage provided to reduce exposure to flood hazards.

5.2(5.4) In all approximate A Zones require that all new subdivision proposals

and other proposed developments (including proposals for

manufactured home parks and subdivisions) greater than 50 lots or 5

acres, whichever is the lesser, include within such proposals Base

Flood Elevation data (See Section 5.5).

5.3 Standards for Special Flood Hazard Areas with Established Base Flood Elevations and

With Floodways Designated

Located within the Special Flood Hazard Areas established in Section 3.2, are areas

designated as floodways. A floodway may be an extremely hazardous area due to the

velocity of floodwaters, debris or erosion potential. In addition, the area must remain free

of encroachment in order to allow for the discharge of the base flood without increased

flood heights and velocities. Therefore, the following provisions shall apply:

5.3(1) Encroachments are prohibited, including earthen fill material, new

construction, substantial improvements or other development within the

regulatory floodway. Development may be permitted however, provided it

is demonstrated through hydrologic and hydraulic analyses performed in

accordance with standard engineering practices that the cumulative effect of

the proposed encroachments or new development shall not result in any

increase in the water surface elevation of the Base Flood Elevation,

velocities, or floodway widths during the occurrence of a base flood

discharge at any point within the community. A Tennessee registered

professional engineer must provide supporting technical data, using the

same methodologies as in the effective Flood Insurance Study for Franklin

County, Tennessee and certification, thereof.

5.3(2) New construction and substantial improvements of buildings, where

permitted, shall comply with all applicable flood hazard reduction

provisions of Sections 5.1 and 5.2.

5.4 Standards for Areas of Special Flood Hazard Zones AE with Established Base Flood

Elevations but Without Floodways Designated

Located within the Special Flood Hazard Areas established in Section 3.2, where streams

exist with base flood data provided but where no floodways have been designated (Zones

AE), the following provisions apply:

5.4(1) No encroachments, including fill material, new construction and substantial

improvements shall be located within areas of special flood hazard, unless

certification by a Tennessee registered professional engineer is provided

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demonstrating that the cumulative effect of the proposed development, when

combined with all other existing and anticipated development, will not

increase the water surface elevation of the base flood more than one (1) foot

at any point within the community. The engineering certification should be

supported by technical data that conforms to standard hydraulic engineering

principles.

5.4(2) New construction and substantial improvements of buildings, where

permitted, shall comply with all applicable flood hazard reduction

provisions of Sections 5.1 and 5.2.

5.5 Standards for Streams without Established Base Flood Elevations and Floodways (A Zones)

Located within the Special Flood Hazard Areas established in Section 3.2, where streams

exist, but no base flood data has been provided and where a Floodway has not been

delineated, the following provisions shall apply:

5.5(1) The Administrator shall obtain, review, and reasonably utilize any Base

Flood Elevation and floodway data available from any Federal, State, or

other sources, including data developed as a result of these regulations (see 2

below), as criteria for requiring that new construction, substantial

improvements, or other development in approximate A Zones meet the

requirements of Sections 5.1 and 5.2.

5.5(2) Require that all new subdivision proposals and other proposed developments

(including proposals for manufactured home parks and subdivisions) greater

than 50 lots or 5 acres, whichever is the lesser, include within such proposals

Base Flood Elevation data.

5.5(3) Within approximate A Zones, where Base Flood Elevations have not been

established and where such data is not available from other sources, require

the lowest floor of a building to be elevated or floodproofed to a level of at

least three (3) feet above the highest adjacent grade (as defined in Section

2). All applicable data including elevations or floodproofing certifications

shall be recorded as set forth in Section 4.2. Openings sufficient to facilitate

automatic equalization of hydrostatic flood forces on exterior walls shall be

provided in accordance with the standards of Section 5.2.

5.5(4) Within approximate A Zones, where Base Flood Elevations have not been

established and where such data is not available from other sources, no

encroachments, including structures or fill material, shall be located within

an area equal to the width of the stream or twenty feet (20), whichever is

greater, measured from the top of the stream bank, unless certification by a

Tennessee registered professional engineer is provided demonstrating that

the cumulative effect of the proposed development, when combined with all

other existing and anticipated development, will not increase the water

surface elevation of the base flood more than one (1) foot at any point within

Franklin County, Tennessee. The engineering certification should be

supported by technical data that conforms to standard hydraulic engineering

principles.

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5.5(5) New construction and substantial improvements of buildings, where

permitted, shall comply with all applicable flood hazard reduction

provisions of Sections 5.1 and 5.2. Within approximate A Zones, require

that those subsections of Section 4 dealing with the alteration or relocation

of a watercourse, assuring watercourse carrying capacities are maintained

and manufactured homes provisions are complied with as required.

5.6 Standards For Areas of Shallow Flooding (AO and AH Zones)

Located within the Special Flood Hazard Areas established in Section 3.2, are areas

designated as shallow flooding areas. These areas have special flood hazards associated

with base flood depths of one (1) to three (3) feet where a clearly defined channel does not

exist and where the path of flooding is unpredictable and indeterminate; therefore, the

following provisions, in addition to those set forth in Section 5.1 and 5.2, apply:

5.6(1) All new construction and substantial improvements of residential and non-

residential buildings shall have the lowest floor, including basement,

elevated to at least one (1) foot above as many feet as the depth number

specified on the FIRM’s, in feet, above the highest adjacent grade. If no

flood depth number is specified on the FIRM, the lowest floor, including

basement, shall be elevated to at least three (3) feet above the highest

adjacent grade. Openings sufficient to facilitate automatic equalization of

hydrostatic flood forces on exterior walls shall be provided in accordance

with standards of Section 5.2.

5.6(2) All new construction and substantial improvements of non-residential

buildings may be floodproofed in lieu of elevation. The structure together

with attendant utility and sanitary facilities must be floodproofed and

designed watertight to be completely floodproofed to at least one (1) foot

above the flood depth number specified on the FIRM, with walls

substantially impermeable to the passage of water and with structural

components having the capability of resisting hydrostatic and hydrodynamic

loads and the effects of buoyancy. If no depth number is specified on the

FIRM, the structure shall be floodproofed to at least three (3) feet above the

highest adjacent grade. A Tennessee registered professional engineer or

architect shall certify that the design and methods of construction are in

accordance with accepted standards of practice for meeting the provisions of

this Resolution and shall provide such certification to the Administrator as

set forth above and as required in accordance with Section 4.2.

5.6(3) Adequate drainage paths shall be provided around slopes to guide

floodwaters around and away from proposed structures.

5.7 Standards For Areas Protected by Flood Protection System (A-99 Zones)

Located within the Areas of Special Flood Hazard established in Section 3.2, are areas of

the 100-year floodplain protected by a flood protection system but where Base Flood

Elevations have not been determined. Within these areas (A-99 Zones) all provisions of

Section 4 and Section 5 shall apply.

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5.8 Standards for Unmapped Streams

Located within Franklin County, Tennessee, are unmapped streams where areas of special

flood hazard are neither indicated nor identified. Adjacent to such streams, the following

provisions shall apply:

5.8(1) No encroachments including fill material or other development including

structures shall be located within an area of at least equal to twice the width

of the stream, measured from the top of each stream bank, unless

certification by a Tennessee registered professional engineer is provided

demonstrating that the cumulative effect of the proposed development, when

combined with all other existing and anticipated development, will not

increase the water surface elevation of the base flood more than one (1) foot

at any point within the locality.

5.8(2) When a new flood hazard risk zone, and Base Flood Elevation and floodway

data is available, new construction and substantial improvements shall meet

the standards established in accordance with Sections 4 and 5.

6. VARIANCE PROCEDURES

The provisions of this section shall apply exclusively to Areas of Special Flood Hazard within

the unincorporated areas of Franklin County, Tennessee.

6.1 Board of Appeals

6.1(1) The Franklin County Board of Zoning Appeals shall hear and decide appeals

and requests for variances from the requirements of this Resolution. The

Board shall fix a reasonable time for the hearing of the appeal, give public

notice thereof, as well as due notice to parties in interest and decide the same

within a reasonable time which shall not be more than thirty-two days from

the date of the hearing.

6.1(2) Variances may be issued for the repair or rehabilitation of historic structures

(see definition) upon a determination that the proposed repair or

rehabilitation will not preclude the structure's continued designation as a

historic structure and the variance is the minimum to preserve the historic

character and design of the structure.

6.1(3) In passing upon such applications, the Board of Zoning Appeals shall

consider all technical evaluations, all relevant factors, all standards specified

in other sections of this Resolution, and:

6.1(3.1) The danger that materials may be swept onto other property to

the injury of others;

6.1(3.2) The danger to life and property due to flooding or erosion;

6.1(3.3) The susceptibility of the proposed facility and its contents to

flood damage;

6.1(3.4) The importance of the services provided by the proposed

facility to the County;

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6.1(3.5) The necessity of the facility to a waterfront location, in the

case of a functionally dependent facility;

6.1(3.6) The availability of alternative locations, not subject to flooding

or erosion damage, for the proposed use;

6.1(3.7) The relationship of the proposed use to the comprehensive

plan and floodplain management program for that area;

6.1(3.8) The safety of access to the property in times of flood for

ordinary and emergency vehicles;

6.1(3.9) The expected heights, velocity, duration, rate of rise and

sediment transport of the flood waters and the effects of wave

action, if applicable, expected at the site, and;

6.1(3.10) The costs of providing governmental services during and after

flood conditions including maintenance and repair of public

utilities and facilities such as sewer, gas, electrical, and water

systems, and streets and bridges.

6.1(4) Upon consideration of the factors listed above, and the purposes of this

Resolution, the Board of Appeals may attach such conditions to the granting

of variances, as it deems necessary to effectuate the purposes of this

Resolution.

6.1(5) Variances shall not be issued within any designated floodway if any increase

in flood levels during the base flood discharge would result.

6.2 Conditions for Variances

6.2(1) Variances shall be issued upon a determination that the variance is the

minimum relief necessary, considering the flood hazard; and in the instance

of a historical building, a determination that the variance is the minimum

relief necessary so as not to destroy the historic character and design of the

building.

6.2(2) Variances shall only be issued upon: a showing of good and sufficient cause,

a determination that failure to grant the variance would result in exceptional

hardship; and a determination that the granting of a variance will not result

in increased flood heights, additional threats to public safety, extraordinary

public expense, create nuisance, cause fraud on or victimization of the

public, or conflict with existing local laws or Resolutions.

6.2(3) Any applicant to whom a variance is granted shall be given written notice

that the issuance of a variance to construct a structure below the base flood

level will result in increased premium rates for flood insurance, and that

such construction below the base flood level increases risks to life and

property.

6.2(4) The Administrator shall maintain the records of all appeal actions and report

any variances to the Federal Emergency Management Agency upon request.

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7. LEGAL STATUS PROVISIONS

7.1 Conflict with Other Resolutions

In case of conflict between this Resolution or any part thereof, and the whole or part of

any existing or future Resolution of Franklin County, Tennessee, the most restrictive shall

in all cases apply.

7.2 Validity

If any section, clause, provision, or portion of this Resolution shall be held to be invalid or

unconstitutional by any court of competent jurisdiction, such holding shall not affect any

other section, clause, provision, or portion of this Resolution which is not of itself invalid

or unconstitutional.

7.3 Effective Date

This Resolution shall become effective immediately after its passage, by Franklin County,

Tennessee, the public welfare demanding it.

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ARTICLE XII

EXCEPTIONS AND MODIFICATIONS

1. Lot of Record.

1.1 Where the owner of a lot consisting of one or more adjacent lots of official record at the

time of the adoption of this resolution does not own sufficient land to enable him to

conform to the yard or other requirements of this resolution, an application may be

submitted to the Franklin County Board of Zoning Appeals for a variance from the terms

of this resolution, in accordance with ARTICLE XIV, Section 4. Such lot may be used as

a building site; provided, however, that the yard and other requirements of the district are

complied with as closely as in the opinion of the Regional Board of Zoning Appeals is

possible.

1.2 No lot shall be so reduced in area that the yards and open spaces will be smaller than

prescribed by this resolution; and no yard, court, or open space provided around any

building for the purpose of complying with these provisions shall again be considered as a

yard, court, or other open space for another building.

2. The front yard requirements of this resolution for dwelling shall not apply to any lot where the

average depth of existing front yards on developed lots located within two hundred (200) feet of

each side of such lot and within the same block and zoning district and fronting on the same road

as such lot is less than the minimum required front yard depth. In such case the minimum front

yard shall be the average of the existing front yard depths on the developed lots.

3. Adjoining Substandard Lots of Record.

Where two (2) or more substandard lots of record with a continuous frontage are under the same

ownership, or where a substandard lot of record has continuous frontage with a large tract under

the same ownership, such lots shall be combined to form one or more building sites meeting the

minimum requirements of the district in which they are located.

4. Exception on Height Limits.

The height limitations of this resolution shall not apply to church spires, belfries, cupolas, and

domes not intended for human occupancy, monuments, water towers, observation towers,

transmission towers, chimneys, silos, smoke stacks, derricks, conveyors, flag poles, radio towers,

masts, aerials, and the like.

5. Agricultural Use of Land.

This resolution shall not be construed as authorizing the requirement of building permits nor

providing for any regulation of the erection, construction, or reconstruction of any building or

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other structure on lands now devoted to agricultural uses or which may hereafter be used for

agricultural purposes, except on agricultural lands adjacent or in proximity to state federal aid

highways, public airports, or public parks, provided, however, such building or structure is

9-15-14 incidental to the agricultural enterprise. Nor shall this resolution be construed as limiting or

affecting in any way or controlling the agricultural uses of land. For purposes of this section,

buildings used as residences by farmers and farmworkers are “incidental to the agricultural

enterprise”.

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ARTICLE XIII

ENFORCEMENT

1. Building Commissioner.

The provisions of this resolution shall be administered and enforced by a County Building

Commissioner appointed by the County Board of Commissioners, and he shall have the power to

make inspections of buildings or premises necessary to carry out his duties in the enforcement of

this resolution. The County Building Commissioner is accountable to the County Board of

Commissioners through the County Executive Officer who shall administratively supervise his

activities. The duties assigned below are minimum requirements and do not exclude additional

assignments by the County Executive Officer. Duties may be delegated by the Building

Commissioner to County Employees under his direct supervision on a partial or full time bases.

1.1 Duties.

1.1(1) Approve and issue all Building Permits and maintain files of related documentation.

1.1(2) Conduct inspections of buildings, structures, and uses of land to determine

compliance with the terms of this Zoning Resolution.

1.1(3) Maintain current and permanent records of the Franklin County Zoning Resolution,

including, but not limited to, all Zoning Maps, amendments, special uses,

variances, appeals and records of hearings thereon.

1.1(4) Have available in book or pamphlet form the compiled text of the Zoning

Resolution and amendments thereto.

1.1(5) Have available in map form current zoning maps showing the zoning districts,

divisions and classifications in effect in Franklin County.

1.1(6) Receive, file and forward to the Board of Zoning Appeals applications for

variances, special use permits, and appeals of rulings by the Building

Commissioner.

1.1(7) Meet with the Franklin County Board of Zoning Appeals and provide such

clerical and technical assistance as may be required for its operation.

1.1(8) Meet with the Franklin County Regional Planning Commission and provide

such clerical and technical assistance as may be required for its operation.

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1.1(9) Document and maintain permanent files of all meeting minutes of the Franklin

County Board of Zoning Appeals and the Franklin County Regional Planning

Commission as well as records of all official public hearings held by both agencies.

1.1(10) Provide reliable information concerning land use, zoning, subdivision regulations,

planning, and related matters to interested parties such as prospective developers,

present and potential landowners, civic organizations, and governmental agencies.

1-21-14 1.1(11) Approve additions and/or expansions to cases previously reviewed and approved

by the Franklin County Regional Planning Commission, as described in Article

IV, Section 12.4 and other provisions of this resolution.

1-21-14 1.1(12) Approve additions and /or expansions to cases previously reviewed and approved

by the Franklin County Board of Zoning Appeals as described in Article IV,

Section 12.5 and other provisions of this resolution.

1-22-08 1.1(13) Have available the Fee Schedule, as adopted and approved by the Franklin

County Board of Commissioners; and it is understood that all applicants for the

various services provided by the Planning and Zoning Department will be

obligated to pay the appropriate fee at time of application, unless specifically

exempted. The specific exemptions are:

Educational facilities

Governmental facilities

Religious facilities

Public Utilities

2. Building Permits and Certificates of Occupancy.

2.1 Building Permit Required.

2.1(1) It shall be unlawful to commence excavation for or the construction of any building

or other structure, including accessory structures, to commence the moving,

alteration, or repair of any structure, including accessory structures, to use a

building or structure or to change the use of a building or structure, or to commence

the excavation or filling of land until the Building Commissioner has issued for

such work a building permit containing a statement that the plans, specifications

and intended use of such structure in all respects conform with the provisions of

this resolution. Application for a building permit shall be made in writing to the

Building Commissioner on forms provided for that purpose.

It shall be unlawful for the Building Commissioner to approve the plans or issue a

building permit for any excavation or filling or construction until he has inspected

such plans in detail and found them to be in conformity with this resolution. To this

end, the building permit for excavation, filling, construction, moving or alteration

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shall be accompanied by development plans as required below. Such plans shall be

sufficient in detail to enable the Building Commissioner to ascertain whether the

proposed excavation, filling, construction, moving, or alteration is in conformance

with this resolution.

2.1(2) It is understood and agreed that all mobile home park owners shall pay one permit

fee at the time that a mobile home (trailer) park space is constructed. No additional

fee shall be paid thereafter, even though the mobile homes occupying said mobile

home space may be changed from time to time.

2.2 Issuance of a Building Permit.

In applying to the Building Commissioner for a building permit, the applicant shall submit

a dimensional sketch or a scale plan indicating the shape, size, and location of all

buildings to be erected, altered, or moved and of any buildings already on the lot. He shall

also state the existing and intended use of all such buildings and supply such other

information as may be required by the Building Commissioner for determining whether

the provisions of this resolution are being observed. If the proposed excavation or

construction as set forth in the application is in conformity with the provisions of this

resolution, the Building Commissioner shall, within three (3) days, issue a building permit

for such excavation and/or construction. If a building permit is refused, the Building

Commissioner shall state such refusal in writing with the cause.

2.2(1) The issuance of a building permit shall in no case be construed as waiving any

provision of this resolution.

2.2(2) A building permit shall become void twelve (12) months from the date of issuance

unless substantial progress has been made by that date on the project described

therein.

4-19-99 2.3 A Septic Tank Permit, Certificate of Verification, or proof of disposal of sanitary waste in

a Tennessee approved manner is required prior to the issuance of a Building Permit.

1-22-08 2.4 Compliance with the Franklin County Subdivision Regulations and with the provisions of

Tennessee Code Annotated governing “subdivisions” of property is required prior to the

issuance of a Building Permit.

3. Compliance Inspection.

After the footing proposed location of a structure has been staked out it is the responsibility of

the owner and/or agent to contact the Planning/Zoning Office for an initial inspection. It is the

owner's responsibility to contact the Planning/Zoning Office upon completion to insure continued

compliance with this resolution. The owner is responsible to correct all deficiencies or will be

held in violation of this Resolution.

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4. Penalties.

Any person violating any provision of this resolution shall be guilty of a misdemeanor and upon

conviction shall be fined not less than two dollars ($2.00) nor more than fifty dollars ($50.00) for

each offense. Each day that a violation is permitted to exist shall constitute a separate offense;

payment of fine shall not constitute compliance.

All fees are doubled if construction has started before obtaining a zoning compliance/building

permit. Regular fees are paid if an application is filed within ten (10) days of notification, for

first time offenders only. After start of construction, variances shall have an application fee of

one-thousand ($1000.00) dollars. (amended 4-19-99; 12-5-22)

5. Remedies.

In case any building or structure is erected, constructed, reconstructed, repaired, converted, or

maintained, or any building, structure, or land is used in violation of this resolution, the Building

Commissioner or any other appropriate authority or any adjacent or neighboring property owner

who would be damaged by such violation, in addition to other remedies, may institute injunction,

mandamus, or other appropriate action in proceeding to prevent the occupancy or use of such

building, structure, or land.

6. Refunds.

All fees are non-refundable. (amended 12-5-22)

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ARTICLE XIV

BOARD OF ZONING APPEALS

1. Creation and Appointment.

A Franklin County Board of Zoning Appeals (hereafter referred to as the board) is hereby

established in accordance with Sections 13-406 of the Tennessee Code. The Board of Zoning

Appeals shall consist of five (5) members, two (2) of which may be Franklin County Planning

Commissioners. The county court shall appoint members and may fix their compensation and

their terms, which shall be so arranged that the term of one member will expire each year. The

county court may remove any member upon cause. Vacancies shall be filled for an unexpired

term in the same manner as the case of original appointment.

2. Procedure.

Meetings of the board shall be held at the call of the chairman, and at such other times as the

board may determine. All meetings of the board shall be open to the public. The board shall keep

minutes of its proceedings, showing the vote of each member upon each question; if absent or

failing to vote, the board shall explain its actions. The minutes shall be immediately filed in the

office of the board (Planning and Zoning Department) and shall be a public record.

3. Appeals, How Taken.

An appeal to the board may be taken by any person, firm, or corporation aggrieved, or by any

governmental officer, department, other board, or bureau affected by any decision of the Building

Commissioner based in whole or in part upon the provisions of this resolution. Such appeal shall

be taken by filing with the board a notice of appeal, specifying the grounds thereof.

The Building Commissioner shall transmit to the board all papers constituting the record upon

which the action appealed was taken. The board shall fix a reasonable time for the hearing of the

appeal; give proper notice of a public hearing before the board at least ten (10) days prior to the

date set for the public hearing; provide written notice to the parties of interest, mailed five (5)

days prior to the date set for the hearing; and decide same within a reasonable time. At the

hearing, any person or party may appear and be heard in person, by agent, or by attorney.

4. Powers.

The board shall have the following powers and duties:

4.1 Administrative Review.

To hear and decide approvals where it is alleged by the appellant that there is error in any

order, requirement, permit, decision, implication, determination, or refusal made by the

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Building Commissioner or other administrative official in the carrying out or enforcement

of any provision of this resolution; and to interpret the county zoning map and resolution.

4.2 Special Exceptions.

To hear and decide, in accordance with the provisions of this resolution, requests for

special exceptions or for decisions upon other special questions upon which the board is

authorized by this resolution to pass.

4.3 Variances.

To hear and decide applications for variances from the terms of this resolution, but shall

grant variances only where by reason of exceptional narrowness, shallowness, or shape of

a specific piece of property which at the time of adoption of this resolution was a lot of

record, or where by reason of exceptional topographic situations or conditions of a piece

of property the strict application of the provisions of this resolution would result in

practical difficulties to or undue hardship upon the owner of such property; provided that

such a relief may be granted without substantial detriments to the public good and without

substantially impairing the intent and purposes of this resolution.

5. Procedure for Authorizing Uses Permitted on Appeal (Special Exceptions). The following is

established to provide procedures for review of a proposed use by the Board of Zoning Appeals.

The procedure shall be the same whether review is required by this Resolution, or whether a

review is requested by the Building Commissioner to determine whether a proposed use is

potentially noxious, dangerous or offensive.

5.1 Application: An application shall be filed with the Board of Zoning Appeals for review

by the landowner or agent. Said application shall show the location and intended uses of

the site, the names of the property owners, existing land uses within two hundred (200)

feet, plot plan information as required by other provisions of this resolution, and any other

material pertinent to the request which the Board may require.

5.2 Approval Standards: The issuance of a special exception shall not be considered an

entitlement, and shall be granted by the Board of Zoning Appeals only if the Board finds

that all of the following standards are met. The burden of proof in demonstrating that the

standards have been met shall be on the applicant. No special exception shall be granted if

the Board finds that any one (1) or more of the following standards are not met.

5.2(1) Nature of Use. The nature and characteristics of the proposed use are consistent

with the activity type authorized as a conditional use or special exemption in the

zoning district in which located.

5.2(2) Purpose Compliance. The proposed use conforms to the purposes and intent

of this Zoning Resolution and the zoning district in which located.

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5.2(3) Ordinance Compliance. The proposed use complies with all applicable regulations,

including any specific standards for the proposed use set forth in this resolution.

5.2(4) Compatibility. The proposed use is compatible with adjacent uses, in terms

of use, building height, bulk, scale, setbacks, open spaces, landscaping, drainage,

access and circulation.

5.2(5) Traffic Impact. The proposed uses does not adversely affect the safety and

convenience of vehicular and pedestrian circulation in the area, and will not result

in a significant increase in traffic on any local residential road.

5.2(6) Parking Adequacy. The proposed use provides adequate and convenient off-

road parking and loading facilities, and will not result in overflow parking on

adjacent residential roads.

5.2(7) Hazard Protection. The proposed use reasonably protects persons and property

from erosion, flooding, fire, noise, vibration, odor or similar hazards.

5.3 Standards for Review: Except where otherwise noted, the Board shall use the following

standards to aid in the review of a special exception.

5.3(1) Identification and delineation of existing features on the property, such as:

areas of special flood hazard; ponding areas; landfills and/or dumps and/or other

waste disposal sites (active and inactive); sinkholes; and cemeteries/graveyards.

5.3(2) Development and post-development drainage plans, if required.

5.3(3) Verification of approval of all applicable environmental and/or use permits; local,

state and federal.

5.3(4) Ingress and egress to property and proposed structures thereon with particular

reference to automotive and pedestrian safety and convenience, traffic flow and

control, and access for emergency response.

5.3(5) Off-road parking and loading areas where required, with particular attention

to the items in 5.3(4) above, and the economic, noise, vibrations, glare, or odor

effects of the special exception on adjoining properties and properties generally in

the district.

5.3(6) Refuse and service areas, with particular reference to the items in 5.3(4) and

5.3(5) above.

5.3(7) Utilities, with reference to locations, availability, and compatibility.

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5.3(8) Screening and Buffering with reference to type, dimensions and character.

5.3(9) Signs, if any, and proposed exterior lighting with reference to glare, traffic, safety,

economic effect, and compatibility and harmony with properties in the district.

5.3(10) Required yard and other open space.

5.3(11) General compatibility with adjacent properties and other properties in the district.

5.4 Findings of Fact: Any Board approval of a special exception use shall state the section of

the resolution under which the use was considered, and findings of facts relating to the

approval standards. In the case of a denial of a special exception use request, the findings

shall specifically identify the reasons that one (1) or more of the approval standards were

not met.

5.5 Conditions of Approval: The Board may impose such conditions or restrictions upon a

special exception use as necessary in order to ensure that the approval standards are met

and to eliminate or minimize the injurious effect of such use upon surrounding properties.

The Board may also establish expiration dates as a condition of approval. Any Board

decision to approve a special exception use shall clearly state the specific conditions

imposed.

5.6 Restrictions. In the exercise of its approval, the Board may impose such reasonable

conditions upon the proposed uses of buildings or land as it may deem advisable in the

furtherance of the general purposes of this resolution.

5.7 Validity of Plans. All approved plans, conditions, restrictions, and rules made a part of

the approval of the Board shall constitute certification on the part of the applicant that the

proposed use shall conform to such regulations at all times.

5.8 Time Limit. All applications reviewed by the Board shall be decided within sixty (60)

days of the date of application, and the applicant shall be provided with either a written

notice of approval or denial.

6. Procedure for Authorizing Variances. The purpose of this procedure is to modify the strict

application of the specific requirements of this resolution in the case of exceptionally irregular,

narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict

application would result in practical difficulty or unnecessary to overcome some obstacle which

is preventing an owner from using his property under this resolution.

6.1 Application: After denial of a permit, a property owner may make application for a variance,

using any form which might be made available by the Board of Zoning Appeals.

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6.2 Standard for Variances. The Board shall not grant a variance unless it makes findings based

upon evidence presented to it as follows:

6.2(1) That by reason of exceptional narrowness, shallowness, or shape of a particular

piece of property at the time of enactment of this resolution, or by reason of

exceptional topographic conditions or other exceptional and extraordinary situation

or condition of such piece of property, the strict application of any regulation

contained within this resolution would result in peculiar and exceptional practical

difficulties to or exceptional or undue hardship upon the owner of such property.

6.2(2) That the variance is the minimum variance that will relieve such difficulties or

hardship and thereby make possible the reasonable use of the land, building, or

structure.

6.2(3) That the variance will not authorize activities in a zone district other than those

permitted by this resolution.

6.2(4) That the granting of the variance will not be detrimental to the public welfare,

injurious to other property or improvements in the area in which the property is

located, or a substantial impairment to the intent and purpose of the zoning district

wherein such property is located or of the general provisions of this resolution.

6.2(5) That the proposed variance will not impair an adequate supply of light and air to

adjacent property, or substantially increase the congestion in the public roads, or

increase the danger of fire, or endanger the public safety.

6.2(6) That the alleged difficulty or hardship has not been knowingly and intentionally

created by any person having an interest in the property after the effective date of

this resolution.

6.3 Nonconformity Does Not Constitute Grounds for Granting of a Variance. No

nonconforming use of neighboring lands, structures, or buildings in the same district, and

no permitted or nonconforming use of lands, structures, or buildings in other districts shall

be considered grounds for the issuance of a variance.

6.4 Prohibition of Use Variances. Under no circumstances shall the Board of Appeals grant a

variance to allow a "USE" not permissible under the terms of this resolution in the district

involved, or any use expressly or by implication prohibited by the terms of this resolution

in said district.

6.5 Conditions and Restrictions by the Board. The Board may impose such reasonable

conditions and restrictions upon the premises benefited by a variance as may be necessary

to comply with the provisions set out in 6.2(4) above to reduce or minimize the injurious

effect to such variation upon surrounding property and better carry out the general intent

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of this resolution. The Board may establish expiration dates as a condition or as a part of

the variances.

6.6 Time Limit. All applications reviewed by the Board shall be decided within thirty (30)

days of the designated hearing, and the applicant shall be provided with either a written

notice of approval or denial.

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ARTICLE XV

AMENDMENTS

1. Introduction of Amendments.

The county court may amend the regulations, restrictions, boundaries, or any provision of this

resolution. Any member of the county court may introduce such amendment, or any official,

board, or any other person may present a petition to the county court requesting an amendment or

amendments to this resolution. (amended 12-5-22)

2. Review by the Planning Commission.

3-18-13 No amendment shall become effective unless it is first submitted for approval, disapproval, or

suggestions to the planning commission. All proposed amendments to the Zoning Map(s) of

Franklin County, unless the subject rezoning is a total parcel, shall include a survey, performed

by a Tennessee Registered Land Surveyor, delineating the boundaries of the amendment, except

those amendments described by and included in an official comprehensive plan. At least twenty

(20) minutes at the beginning of the new business portion of the Planning Commission meeting

scheduled for review of a proposed amendment will be allowed for statements or comments

concerning the proposed amendment, by visitors. If the Planning Commission within sixty (60)

days of such submission disapproves the amendment, it shall require the favorable vote of a

majority of the entire membership of the county court to become effective. Failure of the

Planning Commission to either approve or disapprove the amendment within sixty (60) days of it

submission shall be deemed approval.

3. Notice of Public Hearing.

Before enacting this resolution or any amendment thereto, the county court shall publish a notice

of such request for an amendment together with the notice of time set for a public hearing by the

county court on the requested change. Said notice shall be published one time in a newspaper of

general circulation in Franklin County, Tennessee. Said hearing by the county court shall take

place not sooner than fifteen (15) days nor later than sixty (60) days after the publication of such

notice.

4. Fee.

1-22-08 A fee as set by the Franklin County Board of Commissioners shall be paid

with any request to

amend the Franklin County Zoning Map that is related to or directly affects only a specific

individual, corporation or organized group. This fee is due and payable at the time of filing the

request and is to be used by Franklin County to defray cost resulting from such request and any

subsequent amendment of the Franklin County Zoning Map.

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ARTICLE XVI

LEGAL STATUS PROVISIONS

1. Conflict With Other Resolutions.

In case of conflict between this resolution or any part thereof, and the whole or part of any

existing or future resolution of Franklin County, the most restrictive provision shall in all cases

apply.

2. Validity.

If any section, clause, provision, or portion of this resolution is held to be invalid or

unconstitutional by any court of competent jurisdiction, such holding shall not affect any other

section, clause, provision, or portion of this resolution which is not itself invalid or

unconstitutional.

3. Effective Date.

This resolution shall take effect and be in force after its passage and publication in a newspaper

of general circulation in Franklin County, and the public welfare demanding it.

Certified by the Franklin County Planning Commission.

(signed) James M. Crouch

Secretary

February 12, 1974

Date

Public Hearing Held April 8, 1974

Date

Passed by the Franklin County Quarterly Court

(signed) Roy Crownover

County Judge

April 8, 1974

Date