ZONING REGULATIONS FOR CITY OF FRANKLIN and SIMPSON

ZONING REGULATIONS

FOR

CITY OF FRANKLIN

and

SIMPSON COUNTY

KENTUCKY

REV. 5/13/2018, Amended 4/2/2019, Amended 10/15/2019, Amended 1/7/2020, Amended 10/20/2020

Franklin-Simpson County Zoning Regulations

1.2 Title................................................................................................................................................. 6

1.3 Purpose.......................................................................................................................................... 6

1.4 Jurisdiction......................................................................................................................................7

1.5 Relationship to Existing Zoning Ordinance.....................................................................................7

1.6 Coordination with Comprehensive Plan, Subdivision Regulations & Flood Control ..............7

1.7 Conflict with Other Ordinances and Private Deeds.........................................................................8

1.8 Separability Clause.........................................................................................................................8

1.9 Use or Sale of Land or Buildings in Conformance with Zoning Regulations....................................8

1.10 Computation of Time....................................................................................................................9

1.11 Fees............................................................................................................................................. 9

1.12 Use of Headings............................................................................................................................. 9

Article 2 - Definitions....................................................................................................................10

2.1 Purpose...................................................................................................................................... 10

2.2 General Construction of Language...............................................................................................10

2.3 Definitions..................................................................................................................................... 10

2.4 Definitions Related Specifically to Adult Oriented Uses................................................................21

2.5 Definitions Related Specifically To Cell Towers............................................................................23

3.2 Zoning Map Amendments.............................................................................................................24

3.3 Replacement of Zoning Map and Retention of Historic Zoning Maps...........................................24

3.4 Rules for Interpretation of Zone and District Boundaries...............................................................24

3.5 Zoning Status Not Affected By Annexation...................................................................................25

Article 4 - Nonconforming Uses, Buildings, Premises and Lots.............................................25

4.1 Purpose........................................................................................................................................ 25

4.2 Non-Conforming Lots of Record...................................................................................................26

4.3 Non-Conforming Uses of Land.......................................................................................................27

4.4 Non-Conforming Buildings...............................................................................................................29

4.5 Non-Conforming Uses of Building or of Buildings and Premises in Combination ............................30

4.6 Repairs and Maintenance................................................................................................................ 31

4.7 Conditional Uses Are Not Non-Conforming Uses............................................................................31

Article 5 - Sign Regulations.........................................................................................................32

5.1 Intent .............................................................................................................................................. 32

5.2 Scope.............................................................................................................................................. 32

5.3 Exempt Signs.................................................................................................................................. 32

5.4 Permit Requirements..................................................................................................................32

5.4.1 Signs Exempt from Permit Requirements....................................................................................33

5.5 Nonconforming Signs...................................................................................................................... 33

5.6 Illegal Signs..................................................................................................................................... 33

5.7 General Requirements..................................................................................................................... 33

5.8 Prohibited Signs in All Zones...........................................................................................................34

5.9 Signs Requiring a Conditional Use Permit in All Zones...................................................................35

5.10 Signs Permitted by Specific Zone..................................................................................................35

5.10.1Agricultural Zones (AG & RV)......................................................................................................35

5.10.2Low-Density Residential Zones (R-1) and (R1-S)........................................................................36

5.10.4 Standard Signage Permitted in Professional, Commercial and Industrial Zones (B-1, B-2, B-3, B-

4, B-5, O-P, I-1, and I-2)..................................................................................................................... 37

5.11 Zones Where Development Plans Are Required...........................................................................40

5.12 Advertising on Interstate Interchange District Zone (B-5)...............................................................40

5.13 Maintenance Standards................................................................................................................. 40

5.14 Penalties for Violation....................................................................................................................40

5.15 Substitution Clause .......................................................................................................................40

5.16 Severability Clause .......................................................................................................................40

5.17 Definitions...................................................................................................................................... 40

6.1 Purpose...................................................................................................................................44

Franklin-Simpson County Zoning Regulations

6.2 Scope of Off-Street Parking and Loading and Unloading of Motor..................................................44

Vehicles................................................................................................................................................. 44

6.3 Parking Area Development and Maintenance Standards.............................................................44

The following development and maintenance standards shall apply to all parking areas:......................44

6.4 Units of Measurement for Parking Area.......................................................................................45

6.5 Loading and Unloading Spaces Required.....................................................................................45

6.6 Screening or Landscaping of Parking Areas....................................................................................46

6.7 Parking, Loading, and Unloading Areas in Required Yards.............................................................46

6.8 Number of Off-Street Parking Spaces or Off-Street Parking Area Required..................................47

6.9 Variances from Motor Vehicle Standards........................................................................................51

Article 7 - General Zoning and District Regulations.................................................................52

7.1 Purpose .......................................................................................................................................... 52

7.2 Application of Zone and District Regulations..................................................................................52

7.3 Required Street Frontage...............................................................................................................52

7.4 Height Standards............................................................................................................................52

7.5 Reductions in Lot Area Prohibited..................................................................................................52

7.6 Regulation of Principal Buildings....................................................................................................52

7.7 Drainage and Floodplain Limitations ...............................................................................................53

7.8 General Regulations for Lots and Yards........................................................................................53

7.9 Conversion of Buildings...................................................................................................................56

7.10 No New Non-Conforming Yards or Lots ........................................................................................56

7.11 Water Supply and Sewage Disposal Requirements.......................................................................56

7.12 Adjustment to Principal Building Yard Requirements Prescribed In Article 8.................................57

7.13General Provisions for Accessory Building and Features...............................................................58

The provisions of this section shall regulate the location, height, and size of all ...................................58

7.14 Outdoor Floors and Stairs.............................................................................................................. 59

7.15 Swimming Pools and Tennis Courts............................................................................................59

7.16 Walls and Fences......................................................................................................................... 59

7.17 Signs............................................................................................................................................ 60

7.18 Vehicular Use Areas....................................................................................................................60

7.19 Vehicular Access to Lots.............................................................................................................60

7.20 Exception...................................................................................................................................... 60

Article 8 - Schedule of Zoning District Regulations.................................................................64

8.1 Establishment of Zoning Districts...................................................................................................64

8.2 Agricultural District – AG.................................................................................................................64

8.3 Rural Village District – RV.............................................................................................................. 67

8.5 Single Family And Two Family Residential District R-2...................................................................70

8.6 Single Family through Multi-Family Residential (Up To Four Dwelling Units....................................72

per Building) District R-3.............................................................................................................72

8.7 Multi-Family/High Density Residential District – R-4......................................................................73

8.8 Manufactured Home Residential District – R-5.............................................................................75

8.9 Central Business District – B-1........................................................................................................80

8.10 General Business District, B-2.......................................................................................................82

8.11 Neighborhood Business District, B-3............................................................................................84

8.12 Highway Business District, B-4......................................................................................................85

8.13 Interstate Interchange Business District, B-5.................................................................................87

8.14 Office and Professional District O-P..............................................................................................89

8.15 Light Industrial District, I-1.............................................................................................................90

8.16 Heavy Industrial District, I-2..........................................................................................................92

8.17 Conservancy District......................................................................................................................95

Article 9 Special Regulations......................................................................................................98

9.1 Multi-Family..................................................................................................................................... 98

9.2 Salvage Yards................................................................................................................................. 99

9.3 Home Occupations.......................................................................................................................... 99

Franklin-Simpson County Zoning Regulations

9.4 Accessory Apartment..................................................................................................................... 102

9.5 Bed and Breakfast Facilities..........................................................................................................104

9.6 Adult Oriented Uses....................................................................................................................... 105

10.1 Amendments in General..............................................................................................................115

10.2 Initiation of Amendments.............................................................................................................115

10.3 Pre-Application Conference.........................................................................................................115

10.4 Compliance with These Zoning Regulations................................................................................116

10.5 Public Hearing............................................................................................................................. 116

10.6 Notice.......................................................................................................................................... 116

10.7 Planning Commission Consideration and Action.........................................................................117

10.9 Certificate of Land Development..................................................................................................120

Article 11 Administrative Mechanisms and Enforcement......................................................121

11.1 Appointment of Code Enforcement Officer..................................................................................121

11.4 Building Permits Required...........................................................................................................122

11.5 Exceptions When Building Permits Not Required........................................................................122

11.6 Procedure for Obtaining Building Permit......................................................................................122

11.7 Certificate of Occupancy.............................................................................................................. 123

11.8 Procedure for Obtaining a Certificate of Occupancy....................................................................123

11.9 Exceptions When Building Permits Not Required.......................................................................124

11.10 Temporary Certificates of Occupancy........................................................................................124

11.11 Certificate of Occupancy for Existing Use or Building................................................................124

11.12 Use and Building to Be As Provided In Building Permits, Development Plans,

and Certificates of Occupancy.................................................................................................124

11.13 Complaints Regarding Violations...............................................................................................124

11.14 Penalties for Violations..............................................................................................................124

Article 12 Board of Adjustment.................................................................................................127

12.1 Powers and Duties....................................................................................................................... 127

12.2 Administrative Procedures...........................................................................................................127

12.3 Hearings before the Board of Adjustments..................................................................................131

12.4 Request for Variance...................................................................................................................132

Article 13 Development/Site Plans...........................................................................................135

13.1 Purpose for Development Plans..................................................................................................135

13.2 Where Required........................................................................................................................... 135

13.3 Development Plans for Land Within the Franklin-Simpson Industrial Authority ...........................136

Land within the planned Industrial Park Authority jurisdiction and which is subject to the Industrial

Authorities Planning Covenants shall not require development plan approval by the Planning

and Zoning Commission and are therefore subject to city ordinances and regulations regarding

streets, utilities, and storm water runoff. At the time of the rezoning request by Industrial

Authority for land intended for industrial park use, an overlay district shall be established to

identify the property as land under the Industrial Board’s Authority which is to be included in the

Industrial Park system..............................................................................................................136

13.4 Relationship to Subdivision Regulations......................................................................................136

Article 14 Landscape and Land Use Buffers...........................................................................136

14.1 Intent........................................................................................................................................... 136

14.2 Sites Affected..............................................................................................................................137

14.3 Where Landscape Materials Required.........................................................................................137

14.4 Trees, Planting, Hedge, Fence, Wall, or Earth Mound.................................................................137

14.5 Landscaping At Driveways and Street Intersections....................................................................138

14.6 Maintenance and Installation.......................................................................................................138

14.7 Violations..................................................................................................................................... 138

Franklin-Simpson County Zoning Regulations

Article 1 - Legislative Provisions

1.1 Enacting Clause

The Fiscal Court of Simpson County and the Board of Commissioners of the City of

Franklin do hereby ordain as follows:

1.1.1 These Zoning Regulations are adopted pursuant to the authority granted by KRS

chapter 100.210, which permits cities and counties to adopt land use regulations.

1.1.2 Whenever any provision of these Zoning Regulations refer to or cite a section of the

KRS and that section is later amended or superseded, these Zoning Regulations

shall be deemed amended to refer to the amended section or the section that most

nearly corresponds to the superseded section.

1.1.3 All explanatory matter therein is adopted and made a part of these regulations.

1.2 Title

These Zoning Regulations comprised of the text herein and the schedules and maps

attached hereto and made a part thereof, and all subsequent amendments shall be known

as the “Zoning Regulations of the City of Franklin and Simpson County, Kentucky”. These

regulations, text, schedules and maps and all subsequent amendments may be known by

short title as the “Franklin-Simpson County Zoning Regulations”.

1.3 Purpose

The text and zoning map set forth in these regulations are for the general purpose of

implementing the currently adopted Simpson County Comprehensive Plan. The more

specific purposes of these Zoning Regulations are to:

Promote the public health, safety, and general welfare of the present and future residents

of the City of Franklin and Simpson County, Kentucky and of further accomplishing the

objectives of KRS Chapter 100.

To these ends these Zoning Regulations have been designed to give reasonable

consideration to each of the following purposes:

Facilitate orderly and harmonious development and the visual character of the City of

Franklin and Simpson County;

Prevent hazards or lessen congestion in public streets;

Protect against overcrowding of land and undue density of population in relationship to the

community facilities existing or available;

Provide for vehicle parking spaces, loading and unloading area, and improve the

appearance of those areas;

Require buffering between non-compatible land uses;

Encourage economic development activities that provide desirable employment and

enlarge the tax base;

Franklin-Simpson County Zoning Regulations

Provide for the preservation of agriculture, forested lands, historic sites, and districts, and

environmentally sensitive lands;

Protect, preserve, and promote the aesthetic appeal, character, and value of the

surrounding neighborhoods;

Facilitate fire and police protection;

Prevent the loss of life and protect property from damage due to fire, flood, or other

dangers;

Facilitate the provision of adequate transportation facilities, water supply, drainage

facilities, sewage collection, parks, and other public facilities.

These Zoning Regulations have been made with reasonable consideration, among other

things, as to the character of each district and its peculiar suitability for particular uses, and

with a view of conserving the value of buildings and encouraging the most appropriate use

of land throughout Simpson County and the City of Franklin.

1.4 Jurisdiction

The provision of these Zoning Regulations shall apply to all property within the

unincorporated portion of Simpson County and the City of Franklin.

1.5 Relationship to Existing Zoning Ordinance

To the extent that the provisions of these Zoning Regulations are the same in substance

as to the previously adopted provisions of the zoning ordinance adopted by the City of

Franklin and Simpson County, they shall be considered as continuations thereof and not

as new enactments, unless otherwise specifically provided. In particular, a situation that

did not constitute a lawful, nonconforming situation under the previously adopted zoning

ordinance does not achieve lawful non-conforming status under these regulations merely

by the repeal of the zoning ordinance.

1.6 Coordination with Comprehensive Plan, Subdivision Regulations & Flood Control

It is the intention of the Board of Commissioners of the City of Franklin and the Fiscal

Court of Simpson County that these regulations:

1.6.1 Implement the planning policies adopted in the Simpson County Comprehensive

Plan.

1.6.2 In all cases where the ownership of land is divided for the purpose of eventual

development of lots of any kind, the provisions of the subdivision regulations shall

apply in addition to the provisions of these Zoning Regulations.

1.6.3 Whenever land contains a river, stream or other body of water, or land is developed

or redeveloped, the provisions of the flood control and drainage regulations shall

apply in addition to the provisions of these Zoning Regulations and shall be

incorporated into the approval of any action of the Joint City County Planning &

Zoning Commission of Simpson County.

Franklin-Simpson County Zoning Regulations

1.7 Conflict with Other Ordinances and Private Deeds

Whenever these Zoning Regulations conflict with other local ordinances, regulations, or

laws, the more restrictive shall govern and shall be enforced by appropriate local agencies.

When subdivision and development plans, approved by the Planning Commission, contain

setback or other features in excess of the minimum zoning regulation, such features as

shown on the approved plan shall govern and shall be enforced by the administrative

official. Private deed restrictions or private covenants for a subdivision, which are

supplemental to the approved subdivision plan, do not fall within the jurisdiction of

enforcement by any local agency and cannot be enforced by the administrative official.

1.8 Separability Clause

If any clause, sentence, paragraph, section or part of these Zoning Regulations be

adjudged by any court of competent jurisdiction to be invalid, such judgment shall not

affect, impair or invalidate the remainder there, but shall be confined in its operation to the

clause, sentence, paragraph, section or part thereof directly involved in the controversy in

which said judgment shall have been rendered.

1.9 Use or Sale of Land or Buildings in Conformance with Zoning Regulations

1.9.1 Subject to Article 4 (nonconforming situations), no person may use, occupy, or sell

any land or buildings or authorize or permit the use, occupancy, or sale of land or

buildings under his control except in accordance with all of the applicable provisions

of these Zoning Regulations.

1.9.2 For purposes of this section, the “use” or “occupancy” of a structure, building or land

relates to anything and everything that is done to, on, or in that structure, building or

land relates to anything and everything that is done to, on, or in that structure,

building or land.

1.9.3 In their interpretation and application, the provisions of these regulations shall be

held to be minimum requirements.

1.9.4 All existing and future structures, buildings, land and uses of premises within

Simpson County and the City of Franklin shall conform to all applicable provisions

of these Zoning Regulations.

1.9.5 No building or other structure shall hereafter be erected or altered to exceed the

height or bulk; to accommodate or house a greater number of dwelling units; or

have narrower or smaller rear, front, or side yards, or other open spaces than

herein required, except as herein authorized.

1.9.6 No part of a yard or other open space, or the off street parking spaces or loading

and unloading areas required in connection with any building for the purpose of

complying with these regulations, shall be included as part

of a yard, open space or off-street parking or loading space similarly required for

any other building.

1.9.7 No yard or lot existing at the time of passage of these Zoning Regulations shall be

reduced in dimension or area below the minimum requirements set forth herein.

Franklin-Simpson County Zoning Regulations

Yards or lots created shall meet at least the minimum requirements established by

these zoning regulations.

1.9.8 No yard or lot existing at the time of passage of these Zoning Regulations

located in either of the following zones AG, RV, R1, R2, R3, or R-5 consisting of

9.99 acres or less of which its primary use designated as residential. Furthermore,

to include properties that have been allowed a conditional use permit in either an

AG or RV zone listed for an allowed residential use. Shall not be permitted to violate

local property maintenance code enforcement ordinance 1010.5 thereby prohibiting

the use of unsafe structures as dwellings, the accumulation of junked vehicles and

appliances, tall weeds or grass, fixtures or rubbish and other general property

conditions to be deemed a public nuisance as outlined in ordinance 1010.5 defining

a public nuisance as items (a) through (i) and thereby subject to rights, regulations,

authority and penalties set forth as a part of ordinance 1010.5.(added 10/20/2020)

1.10 Computation of Time

1.10.1 Unless otherwise specifically provided, the time within which an act is to be done

shall be computed by excluding the first and including the last day. If the last day is

Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of

time prescribed is less than seven days, intermediate Saturdays, Sundays, and

holidays shall be excluded.

1.10.2 Unless otherwise specifically provided, whenever a person has the right or is

required to do some act within a prescribed period after the service of a notice,

citation, or other paper and the notice or paper is served by mail, three days shall

be added to the prescribed period.

1.11 Fees

1.11.1 Reasonable fees sufficient to cover the costs of administration, inspection,

publication of notice and similar matters may be charged to applicants for sign

permits, conditional use permits, subdivision plat approval, zoning amendments,

variances, requests for interpretations, development plans, certificates of land

restriction and any other appeals. The amount of the fees charged shall be as set

by the Planning Commission budget or adopted by resolution adopted by the

Planning Commission and approval of both the Simpson County Fiscal Court and

Franklin Board of Commissioners.

1.11.2 Fees established in accordance with section 1.11.1 shall be paid upon submission

of a signed application or notice of appeal.

1.12 Use of Headings

The headings of the Articles, sections and subsections of these Zoning Regulations,

together with any schedules, illustrations, examples and explanatory notes appearing at

various places throughout have been inserted as a matter of convenience and for

reference only and in no way define, limit or enlarge the scope or meaning of these Zoning

Regulations or any of its provisions.

Franklin-Simpson County Zoning Regulations

Article 2 - Definitions

2.1 Purpose

Unless otherwise stated, the following words shall have the meaning herein indicated. Any

word used in these regulations which are not defined herein and which is defined in the

subdivision, drainage or flood control regulations of either the City of Franklin or Simpson

County shall, for the purpose of these regulations have the same meaning.

2.2 General Construction of Language

For the purposes of these regulations, certain terms and their derivations shall be

interpreted as follows:

The specific shall control the general.

Words used in the present tense include the future tense.

Words imposing the masculine gender include the feminine and neuter.

All words in the singular number includes the plural, and the plural the singular.

The word “shall” is mandatory. The word “may” is permissive, and the word “should” is a

preferred requirement.

The word “person includes and individual, firm, partnership, corporation, trust, executor,

other fiduciary, association, or other type of legal organization.

The word “structure” includes the word “building”.

A “building” or “structure” includes any part thereof.

The word “use” or “occupied” includes the word “intended, arranged, or designed to be

used or occupied”.

The word “includes” shall not limit a term to the specified examples but is intended to

extend its meaning to all other instances or circumstances of like kind or character.

2.3 Definitions

2.3.1 Access Management Plan: an access control plan prepared for a specific arterial or collector

street that designates access point or access standards.

2.3.2 Accessory Apartment: a dwelling unit that has been added onto, or created within a single-family

house. The accessory apartment has separate kitchen, bathing and sleeping areas.

2.3.3 Accessory Structure: a structure detached from the principal building by a minimum 10 ft.

distance, clearly incidental and subordinate to the principal building on the same lot.

2.3.4 Accessory Use: a use which customarily accessory and clearly incidental and subordinate to the

principal use on the same lot. An accessory use may be an accessory to only on principal use.

2.3.5 Administrative Official: any department, employee, or advisory, elected, or appointed individual or

body which is authorized to administer any provision of any zoning regulation, subdivision

regulation, and if delegated, any provision of any housing or building regulation or any other land

use control regulation. May include Building Official, Building Inspector, Code Enforcement

Franklin-Simpson County Zoning Regulations

Official, Physical Address Assignment Personnel, GIS systems personnel, or other official

capacities as assigned by the local government.

2.3.6 Adult Day Care Center: any adult care facility which provides part-time care, day or night, but

less than twenty-four (24) hours, to at least four (4) adults not related to the operator of the adult

care facility by blood, marriage, or adoption.

2.3.7 Agriculture: the use of land only, minus agricultural buildings, for the production or cultivation of

crops, the raising of animals, or preservation in its natural state, but in no case less than 10

acres.

2.3.8 Agricultural Building: a building used or intended to be used in conjunction with an agricultural

use to store farm implements, hay, feed, grain or other agricultural or horticultural products or to

house poultry, livestock, or other farm animals. Such structure shall not include habitable or

spaces capable of being occupied, spaces in which agricultural products are processed, treated,

or packages, nor shall an agricultural building be a place of occupancy the general public.

2.3.9 Alley: any public or private way, set aside for public travel, which is located at the rear or side of

property, less that twenty (20) feet in width and intended to afford a secondary means of access

to abutting property.

2.3.10 Alteration: any construction or renovation to an existing structure, movement of a structure from

one location to another. This definition shall include any change in the intensity of the use of a

building.

2.3.11 Apartment: any building which is designed, built, rented, leased, let or hired out to be occupied,

or which is occupied by more than two families living independently of each other.

2.3.12 Attached Dwelling Unit: see dwelling, attached.

2.3.13 Awning: a shelter projecting from and supported by the exterior wall of a building constructed of

non-rigid materials on a supporting framework.

2.3.14 Bed And Breakfast Establishment: a building occupied as a single family dwelling unit, but which

also has addition guest rooms or suites which are used, rented, or hired out to be occupied, or

which are occupied for sleeping purposes by persons not members of the family.

2.3.15 Board of Adjustment: the board of zoning adjustment of Simpson County.

2.3.16 Boarding House: a building arranged or used for lodging for compensation, with or without

meals, and not occupied as a single family dwelling unit. The term boarding and rooming house

are interchangeable for purposes of these regulations.

2.3.17 Building: a permanently located and enclosed structure intended for occupancy, housing,

storage or shelter of any individual, animal, process, equipment, goods or materials of any kind.

2.3.18 Building Area: that portion of a lot that can be legally occupied by the ground floor of the principal

or accessory building or uses and all permitted conditional uses. The term building area and

buildable area are interchangeable.

2.3.19 Building, Existing: any structure erected prior to the adoption of these regulations or one for

which all permits have been issued.

2.3.20 Building Height: the vertical distance measured from the average elevation of the finished grade

at the front of the building to the highest roof beams on a flat or shed roof, the deck level on a

mansard roof, and the average distance for gable, hip and gambrel roofs.

2.3.21 Building Inspector: the individual appointed by the Simpson County Fiscal court to administer the

Building Codes for the City of Franklin and Simpson County or his designated representative.

Franklin-Simpson County Zoning Regulations

2.3.22 Building Permit: an official document issued by the building/administrative official who authorizes

the construction, repair, alteration, or addition to a structure.

2.3.23 Building, principle: a building on a lot used to accommodate the primary use to which the

premises are devoted. In a residence district any building containing a residential dwelling unit

shall be deemed to be the principle building for the lot on which it is located.

2.3.24 Building Setback Line: a line established by these regulations or by plat beyond which a building

shall not extend, except as specifically provided by law.

2.3.25 Canopy: a rigid multi-sided structure covered with fabric, metal or other material and supported

by one or more points of a building or by column or post embedded in the ground. A canopy may

be illuminated by means of internal or external sources.

2.3.26 Building canopy: a canopy supported by a building on one or more points or extremities and be

column or post embedded in the ground at other points or extremities.

2.3.27 Freestanding canopy: a canopy supported only by column or post embedded in the ground.

2.3.28 Certificate of Occupancy: an official document issued by the administrative/building official

allowing the occupancy or use of a building and certifying the structure or use has been

constructed and will be used in compliance with all applicable local codes and regulations.

2.3.29 Child Care Center: see day care center.

2.3.30 Child Caring Facility: any institution or group home other than a Kentucky state government

facility providing residential care on a twenty-four (24) hour basis to a person who has not

reached its eighteenth (18) birthday

and who are not related by blood, adoption, or marriage to the person maintaining

the facility.

2.3.31 Clinic: see medical, dental, or mental health clinic.

2.3.32 Community Residential Facility: means any secure or non-secure facility operated or subject to

licensure by any federal, state or local agency which provides a supervised residence for

mentally, emotionally, physically or socially disabled persons, or for persons in need of

supervision or juvenile delinquents. This term includes, but is not limited to, community

residences for the mentally disabled operated or licensed by the offices or divisions of mental

health or mental retardation and developmental disabilities, or by the offices or divisions of

alcoholism and/or substance abuse, agency or privately operated boarding homes, group homes

or private proprietary homes for adults operated or licensed by the department of corrections or

department of social services, group homes operated by, contracted for licensed by the division

for youth and/or halfway houses operated for any purpose. This definition specifically excludes

nursing homes and/or facilities to care for the elderly.

2.3.33 Conditional Use: a use permitted in a particular zoning district upon a showing that the use in a

specific location would not impair the integrity and character of the zoning district in which it is

located or of adjoining zoning district. The Board of Adjustment may place restrictions on

location, size, extent and character of performance of the proposed use in order to mitigate the

adverse impact that the use may have on surrounding properties.

2.3.34 Conditional Use Permit: legal authorization to undertake a conditional use, issued by the Board

of Adjustment, consisting of two parts:

1.a. A statement of the factual determination by the Board of Adjustment which justifies the issuance

of the permit; and,

Franklin-Simpson County Zoning Regulations

1.b. A statement of the specific conditions which must be met for the use to be permitted.

2.3.35 Day Care Center: any child care facility which provides full or part time care, day or night, to at

least four (4) children who are not the children, grandchildren, nieces, nephews or children in

legal custody of the operator. Day care center shall not include any childcare facility operated by

a religious organization while religious services are being conducted.

2.3.36 Development:

36.a. The construction, reconstruction, conversion, structural alteration, relocation,

or enlargement of any structure.

36.b. The division of a parcel of land into two (2) or more parcels.

36.c. Any mining, excavation, landfill, or land disturbance.

36.d. Any use or extension of the use of land.

2.3.37 Driveway: a private vehicular way providing access from an off-street parking facility onto a

public street.

2.3.38 Duplex: a building containing two dwelling units totally separated from each other by an un-

pierced wall extending from ground to roof.

2.3.39 Dwelling: a building or portion thereof that is used exclusively for human habitation. The term

“dwelling”, shall include the term manufactured home when it is an owner occupied unit and

located on a lot in the same ownership as the manufactured home. The term “dwelling” shall not

mean hotels, motels, trailers, trailed coaches, mobile homes, with the wheels either in place or

detached, or other building designed for transient residence.

2.3.40 Dwelling, attached: a building containing two or more dwelling units attached by a common

vertical walls.

2.3.41 Dwelling, detached: a single dwelling unit that is not attached to any other dwelling by any other

means.

2.3.42 Dwelling, garden apartment: a building containing two or three story, multi-family dwelling units,

generally built at a gross density up to sixteen dwelling units per acre. The building will contain

four to eight dwelling units and will have related off-street parking, open space and recreation

areas.

2.3.43 Dwelling, multi-family: a building portion thereof contains three (3) or more dwelling units.

2.3.44 Dwelling, single family attached: a building containing one-family dwelling unit, attached to one

other one-family dwelling unit by a common vertical wall, with each dwelling located on a

separate lot and having an independent means of egress.

2.3.45 Dwelling single family detached: a building containing one dwelling unit that is not attached to

any other dwelling unit by any means and is surrounded by open space or yards.

2.3.46 Dwelling, townhouse: single-family dwelling units, consisting of three or more one-family dwelling

units which are constructed in a row, such that each dwelling unit has its own front and rear

access to the outside. No unit is located over another unit and each unit is separated from any

other unity by one or more vertically common walls and has open space on at least two ends.

2.3.47 Dwelling, two family: see duplex.

2.3.48 Dwelling unit: one or more rooms, providing complete, independent living facilities for one or

more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Franklin-Simpson County Zoning Regulations

2.3.49 Exercised:

a. When construction is involved or when applied to section 12.7.5, binding

contracts for the construction of the main building or other improvements have

been let; or in the absence of contracts that the main building or other

improvements is under construction to a

substantial degree, or that prerequisite conditions involving substantial

investment under contract, in development, are completed.

b. When construction is not a part of the use, the use is in operation in compliance

with the conditions as set forth in the permit.

2.3.50 Family: an individual, or two or more persons related by blood, marriage, or law, or a group of

not more than five (5) persons living as a single nonprofit housekeeping unit and using common

cooking facilities. Family does not include a group occupying a hotel, club, boarding, lodging,

institution for human care of other similar building.

2.3.51 Flood Insurance Rate Map (FIRM): an official map(s) of a community issued by the Federal

Emergency Management Agency, which depicts the boundaries of areas determined to be

Special Flood Hazard Areas.

2.3.52 Floodplain: the channel of a natural stream, river, other watercourse, or the depressed area of a

sink and land area susceptible to be inundated by floodwater. As used in these regulations, the

term may refer to that area designated as subject to flooding from the one percent (1%) flood as

shown on the currently adopted FEMA FIRM maps, a copy of which is on file in the office of the

Planning Commission or other area designated by the Planning Commission based upon

information provided by a registered Kentucky professional engineer.

2.3.53 Floodway: the channel of a natural stream, river, other watercourse, or the depressed area of a

sink and the adjacent land area that must be reserved in order to discharge the 100-year flood

without cumulative increasing the water surface elevation.

2.3.54 Floor area, gross: the sum of the gross horizontal areas of all floors of a structure, from the

exterior face of exterior walls or from the centerline of a wall separation two buildings, including

finished basements and covered porches, but excluding any space where the floor-to-ceiling

height is less than six (6) feet.

2.3.55 Frontage: the length of the property line abutting one side of the rights-of-way of a street

measured along the rights-of-way line of the street between intersecting lot lines.

2.3.56 Grade:

a. The average elevation of ground around exterior walls of a building;

b. The percent of rise or descent of a sloping surface.

2.3.57 Grade, finished: The final elevation of the ground level after development. Final grade shall be

the grade as shown on plans or contained in the specifications related thereto.

2.3.58 Height: The vertical distance of a structure measured from the average elevation of the finished

grade surrounding the structure to the highest point of the structure. See building height.

Franklin-Simpson County Zoning Regulations

2.3.59 Home occupation: Professional offices or personal services maintained or conducted within a

dwelling or owner owned detached structure. Neither the selling of any merchandise nor

processing of any product shall qualify as a home occupation.

2.3.60 Hospital: An establishment which provides accommodations, facilities, and services over a

continuous period of twenty-four (24) hours or more for observation, diagnosis, and care for two

(2) or more individuals suffering from illness, injury, deformity, or abnormality from any condition

requiring obstetrical, medical, or surgical services.

2.3.61 Hotel: A building or group of buildings containing individual sleeping or living units designed for

the temporary occupancy of transient guests. The term includes motels, tourist courts, motor

lodges, hotel suites, motor hotels, or auto courts, but not including boarding or lodging houses.

2.3.62 Intermediate care facility: A health care facility that provides in-patient beds. Services include

twenty-four (24) hour supervision of patients, supervision of patients, services including

physician, nursing, pharmaceutical, personal care, activities, and residential services. Patients

must have a physical or mental condition that requires intermittent nursing services with

continuous supervision of the activities of daily living.

2.3.63 Kennel, commercial: a business operation that:

a. Provides food and shelter and care of animals for purposes not primarily related

to medical care (a kennel may or may not be run by or associated with a

veterinarian), or

b. Engages in the breeding of animals for sale.

2.3.64 Kennel, non-commercial: compound in or adjoining a private residence where hunting or other

dogs are kept for the hobby of the householder in using them for hunting, practice tracking trails,

exhibiting them in dog shows, or field or obedience trials, or for the guarding or protection the

householder’s property. The occasional sale of pups by the keeper of a non-commercial kennel

does not change the character of the residential property.

2.3.65 KRS: Kentucky Revised Statutes.

2.3.66 Loading and unloading area: an off-street space, area or berth used for the loading or unloading

of cargo, products, or materials from vehicles.

2.3.67 Light, direct: light which travels directly from its source to the viewer’s eye.

2.3.68 Light, indirect: light which travels from its source through an intermediate object such as a sign

surface before being seen by the viewer.

2.3.69 Lot: parcel of land occupied by or to be occupied by one or more principal building and its

accessory building and including the open spaces required under these regulations and having

its principle frontage on a public street. The term lot includes plot, parcel, site, or tract.

2.3.70 Lot area: The total area circumscribed by the boundaries of a lot, except that:

a. When the legal instrument creating a lot shows the boundary of the lot extending

into a public street right-of-way, then the lot boundary for purposed of computing

the lot area shall be the street right-of-way line, or if the right-of-way line cannot

be determined, a line running parallel to and 30 feet from the center of the

traveled portion of the street.

Franklin-Simpson County Zoning Regulations

b. In a residential district, when a private road that serves more than three dwelling

units is located along any lot boundary, then the lot boundary for purposes of

computing the lot area, shall be the inside boundary of the traveled portion of

that road but not less than (30) feet.

2.3.71 Lot corner: a lot abutting and situated at the intersection of two or more streets or upon two parts

of the same street forming and interior angle of less than 135 degrees.

2.3.72 Lot coverage: the computed ground area occupied by all improvements on the ground that are

more impervious that the natural surface, such as paving, structures, driveways, patios within a

lot.

2.3.73 Lot depth: the mean horizontal distance between the frontage and rear lot lines.

2.3.74 Lot, double-front: any lot other than a corner lot which abuts on two streets.

2.3.75 Lot, frontage: the distance between the side lot lines measured along the front building line of the

lot as determined by the prescribed front yard requirement.

2.3.76 Lot, interior: a lot other than a corner lot.

2.3.77 Lot lines: the property lines bounding a lot.

2.3.78 Lot line, front: property line separating the lot from the street.

2.3.79 Lot line, rear: the lot line opposite and most distant from the front lot line. In the case of

triangular of otherwise irregularly shaped lots, a line ten feet in length entirely within the lot,

parallel to and at a maximum distance from the front lot line.

2.3.80 Lot line, side: any lot line other than a front or rear lot line. A side lot line separating a lot from a

street is called a side street lot line. A side lot line separating one lot from another lot is called an

interior side lot line.

2.3.81 Lot of record: a lot which has been placed on file in the Simpson County Clerk’s office and which

complied with all local regulations at the time of its recordation.

2.3.82 Lot, through: a lot having frontage on two parallel or approximately parallel streets or that fronts

upon two streets that do not intersect that the boundaries of the lot.

2.3.83 Lot width: the mean width of the lot measured at a right angle to its depth.

2.3.84 Medical, dental, or mental health clinic: a facility for examination and treatment of human out-

patients; provided, however that patients are not kept overnight except under emergency

conditions.

2.3.85 Medical, dental, or mental health offices: same as medical, dental, or mental health clinic.

2.3.86 Manufactured home: a single-family residential unit constructed in accordance with the federal

manufactured housing construction and safety standards in an offsite manufacturing facility for

installation or assembly at the building site as a permanent structure with transport features

removed, bearing a seal certifying that it is built in compliance with the federal manufactured

housing construction and safety standards and that satisfies each of the following additional

criteria:

a. The home has a length not exceeding four times its width;

b. The pitch of the home’s roof has a minimum vertical rise of four inches for each

foot of run (4:12). The run is equal to one half the span;

Franklin-Simpson County Zoning Regulations

c. The roof is finished with a type of shingle that is commonly used on site-built

residential construction, such as wood, tile, or composition shingles;

d. Exterior covering material extends to the ground or to the top of the foundation

shall be used;

e. The exterior material shall be material customarily used for site-built dwellings,

such as board siding, hardboard, or non-reflective aluminum, vinyl, stucco, brick,

comparable in composition, appearance, and durability to the exterior siding

commonly used in site-built residential construction;

f. A continuous, permanent masonry foundation system, un-pierced except for

required ventilation and access, is installed under the home;

g. The tongue, axles, transporting lights, and removable towing apparatus are

removed after placement on the lot and before occupancy;

h. Structural additions or alterations which have been made to the dwelling unit

were made in accordance with the residential building code adopted by the City

of Franklin or Simpson County.

2.3.87 Manufactured Home Park: any parcel of land developed, used or designed for the location, either

temporary or permanent, of manufactured homes, on rental basis, and according to the

procedures set forth in section 9.5.

2.3.88 Manufactured Home construction and safety standards: the standards for the construction,

design, and performance, of a manufactured home as set forth in the national manufactured

housing construction and safety standards act of 1974, 24 U.S.C. sec.5401 et seq., as amended,

and rules and regulations issued there under. The national manufactured housing construction

and safety standards act is commonly referred to as the HUD code.

2.3.89 Manufactured home space: a plot of ground within a manufactured home park designed for the

accommodation of one (1) manufactured home.

2.3.90 Manufactured home subdivision: a subdivision intended for individual ownership of lots and

designed for residential use by site built, modular or

manufactured homes and developed according to the procedures set forth in

section 8.8.

2.3.91 Mobile home: a detached residential structure manufactured prior to June 15, 1976 which was

not required to be constructed in accordance with the federal manufactured and home

construction and safety standards, which is transportable in one (1) or more sections, which in

the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in

length or, when erected on site, is three hundred twenty (320) or more square feet, and which is

built on a permanent chassis and designed to be used as a dwelling, with or without a permanent

foundation, when connected to the required utilities and the plumbing, heating, air conditioning, or

electrical systems contained therein. A travel trailer is not to be considered a mobile home.

2.3.92 Modular home: a dwelling unit constructed in accordance with the standards set forth in the

Kentucky building code as applicable to site-built homes and composed of components

substantially assembled in a manufacturing plant and transported to the building site for final

assembly on a permanent foundation. Among other possibilities, a modular home may consist of

two sections transported to the site in a manner similar to a manufactured home (except that the

modular home meets the Kentucky building code) or a series of panels or room sections

transported on a truck and erected or joined together on the site.

2.3.93 Motel: see hotel.

Franklin-Simpson County Zoning Regulations

2.3.94 Multiple building development: the construction of two or more buildings on a single plot of

ground which is under single-ownership, and which will not be divided and sold into smaller

parcels.

2.3.95 Nonconforming building: a building which was lawful before the effective date of these Zoning

Regulations or subsequent amendment, which does not conform with all applicable provisions of

these regulations.

2.3.96 Nonconforming lot: a lot existing and recorded in the Simpson County court clerk’s office before

these Zoning Regulations were adopted or amended which does not conform with all applicable

provisions of the zoning district requirement for the district tin which the lot is located.

2.3.97 Nonconforming use: a use of a lot, building or land and premises in combination for a purpose or

in a manner that was lawful before the adoption of these Zoning Regulations or subsequent

amendments, which became unlawful by the use regulations applicable to the zoning district in

which the property is located. (For example, a commercial office building in a residential district

may be nonconforming use). The term also refers to the activity that constitutes that use made of

the property. (For example, all the activity associated with a clothing store in a residentially zoned

area constitutes a nonconforming use.)

2.3.98 Nursery school facility: see day care facility.

2.3.99 Nursing home: a health care facility that provides in-patient beds and medical services and

continuous nursing services. Patients require in-patient care but do not currently require in-

patient hospital services and have a variety of medical conditions.

2.3.100 Parcel: a contiguous lot or tract of land owned and recorded as the property of the same person

or controlled by a single entity.

2.3.101 Parking area: an off-street public or private facility designed and used for parking motor vehicles.

The term includes parking lots, buildings, garages and driveways. The parking area shall consist

of necessary access ways, aisles, parking and maneuvering space, but excludes public right-of-

way and drive way providing ingress and egress to the parking area.

2.3.102 Parking Lot: an off-street, ground level parking area forming the principal use of a lot.

2.3.103 Parking space: a portion of the parking area set aside for the parking of one motor vehicle and

the aisle immediate adjoining the space. As used in these regulations it is also the numerical

designation used to determine the size of a parking area.

2.3.104 Permit: an official document issued by the administrative officer, which authorizes performance

of a specified activity.

2.3.105 Personal care home: a health care facility that provides residential beds and continuous

supervision of resident, basic health and health-related services, personal care services,

residential care services and social and recreational activities. Residents are ambulatory or

mobile non-ambulatory and can manage most of the activities of daily living.

2.3.106 Planning Commission: Joint City-County Planning Commission of Simpson County.

2.3.107 Public area: parks, playgrounds, trails, sidewalks, paths, and other recreational areas and open

spaces; scenic and historic sites; schools and other buildings and buildings; and other places

where the public is directly or indirectly invited to visit or permitted to congregate of traverse.

Public areas do not indicate ownership.

Franklin-Simpson County Zoning Regulations

2.3.108 Restaurant: an eating establishment where food is served by employees in self-service and

consumed only within the building; and/or served only within the building for the purpose of carry-

out with consumption off the premises.

2.3.109 Restaurant, drive-in: an eating establishment where food is served by employees or self-service

on the premises either inside the building, through a window to an occupant of an automobile, or

in an automobile parked on the premises; and the food will not necessarily be consumed on the

premises.

2.3.110 Roadside stand: a temporary building designed or used for the display or sale of agricultural or

other products grown or produced on the premises upon which such a stand is located.

2.3.111 Salvage or junk: any item made of glass, metal, rags, rubber tires, paper, plastic, inoperative

motor vehicles, or other such material which may be used again in another form. This definition

shall apply to both assembled and disassembled items.

2.3.112 Salvage yard: a place where salvage is stored, bought, sold, exchanged, shredded, baled,

packed, or disassembled.

2.3.113 Semi-detached dwelling: a one-family dwelling attached to on other one-family dwelling by a

common vertical wall, with each dwelling located on a separate lot.

2.3.114 Shopping center: a group of commercial establishments planned, constructed, and managed as

a total entity, with off-street parking provided on site, provision of goods delivery separated from

customer access, aesthetic considerations and protection from the elements, and landscaping

and signage in accordance with an approved plan.

2.3.115 Sidewalk: that portion of the road rights-of-way outside the roadway, which is improved for the

use of pedestrian walkway.

2.3.116 Skilled nursing facility: a health care facility that provides in-patient beds and medical services,

continuous nursing services to provide treatment for patients. Patients require inpatient care but

are not in an acute phase of illness, and who require primarily convalescent or rehabilitative

services.

2.3.117 Story: that portion of a building, other than a cellar or mezzanine, including between the upper

surface of any floor and the upper surface of the floor next above it, or, if there is no floor above

it, then the space between the floor and the ceiling next above it or roof.

2.3.118 Street, Road or Highway: a vehicular way that: (a) is an existing state, Simpson County or City of

Franklin maintained roadway; (b) is shown upon a plat approved by the Planning Commission; (c)

has been approved by the Franklin City council or Simpson County Fiscal Court; (d) is shown on

a plat duly filed and recorded in the Simpson County court clerk’s office prior to the adoption of

the subdivision regulations of Simpson County. The land between the street rights-of-way lines is

included within the street, road, or highway.

2.3.119 Street, arterial: a major street in the City’s street system that serves as an avenue for the

circulation of traffic onto, out, or around the City and carries high volumes of traffic.

2.3.120 Street, collector: a street whose principal function is to carry traffic between minor local streets

and arterial streets but that may also provide direct access to abutting properties. It serves or is

designed to serve, directly or indirectly, more than 100 dwelling units and is designed to be used

or is used to carry more than 800 trips per day.

2.3.121 Street, local: a street whose sole function is to provide access to abutting properties. It serves or

is designed to serve at least 10 but no more than 25 dwelling units and is expected to or does

handle between 75 and 200 trips per day.

Franklin-Simpson County Zoning Regulations

2.3.122 Structure: anything constructed or erected whether installed on, above, or below the surface of

land or water.

2.3.123 Subdivision: the division of a parcel of land into two or more lots or parcels for the purpose,

whether immediate or future, of sale, lease, or building development, or if a new street is

involved, any subdivision of a parcel of land; providing that a division of land for agricultural

purposes into lots of parcels of ten (10) acres or more and not involving a new street shall not be

deemed a subdivision. The term includes re-subdivision and when appropriate to the context,

shall relate to the process of subdivision or the land subdivided.

2.3.124 Subdivision identification sign: a freestanding or wall sign identifying a recognized subdivision,

condominium complex, or residential development.

2.3.125 Tract: see lot.

2.3.126 Townhouse: see dwelling, townhouse.

2.3.127 Use: the activity or function that takes place or is intended to take place, is designed, arranged or

intended to be used, occupied or maintained in a building on land.

2.3.128 Use, principal: the primary or predominant use of any lot.

2.3.129 Variance, dimensional: a departure from the terms of the Zoning Regulations pertaining to height

of width of buildings and size of yards and open spaces, where such departure will not be

contrary to the public interest, and where, owning to conditions peculiar to the property because

of its size, shape or topography and not as a result of the actions of the applicant, the literal

enforcement of the Zoning Regulations would result in unnecessary and undue hardship.

2.3.130 Yard: an open space at grade between the principal building and the adjoining lot line,

unoccupied wand un-obstructed by any portion of a building from the ground upward except

where otherwise specifically provided for in these regulations. An accessory building may be

located in a portion of a yard required for the principle building.

2.3.131 Yard, front: that portion of the yard extending the full width of the lot and extending between the

front lot line and the nearest point of the foundation of the principal building, excluding overhangs

of 30 inches or less, stoops, patios, and landings at or below the first floor level.

2.3.132 Yard, rear: that portion of the yard extending the full width of the lot and extending between the

rear lot line and the nearest point of the foundation of the principal building, excluding overhangs

of 30 inches or less, stoops, patios, and landings at or below the first floor level.

2.3.133 Yard, side: those portions of the yard extending from the front yard to the rear yard and the

principal building to the side lot lines, excluding overhangs of 30 inches or less, stoops, patios,

and landings at or below the first level.

2.3.134 Yard depth: a line drawn parallel to a lot line at a distance there from equal to the depth of the

required yard.

2.3.135 Yard line: a line drawn parallel to a lot line at a distance there from equal to the depth of the

required yard.

2.3.136 Zoning Administrative Official: the individual appointed by the Simpson County Fiscal Court and

Franklin Board of Commissioners to administer the Zoning Regulations for the City of Franklin

and Simpson County or his designated representative.

Franklin-Simpson County Zoning Regulations

2.3.137 Zone or Zoning district: a portion of the territory within the City of Franklin or Simpson County

within which certain regulations and requirements apply under the provisions of these

regulations.

2.4 Definitions Related Specifically to Adult Oriented Uses

2.4.1 Adult bookstore/video store: an establishment whose primary business includes the sale or rent

of materials (including books, periodicals, magazines, films, videotapes, CD-ROM’s, DVDs, audio

tapes, or other printed or pictorial material) whether for on premise or off-premise viewing, that

are intended to provide sexual stimulation or gratification, and characterized by their emphasis on

matter depicting, describing, or relating to specified sexual activities or specified anatomical areas

(see definition below); and who devotes more than 15 percent of their total floor area to the items

listed above.

2.4.2 Adult booth: a small enclosed or partitioned area inside and adult oriented establishment which

is: (1) designed or used for viewing of adult material by one (1) or more persons and, (2) is

accessible to any person, regardless of whether a fee is charged for access. The term “adult

booth” includes but is not limited to a “peep show” booth, or other booth used to view adult

material (including, but not limited to videotapes, audiotapes, films, CD-ROM’s, and DVDs).

2.4.3 Adult cabaret: see adult dancing establishments.

2.4.4 Adult dancing: any dancing which exposes to view by patrons or spectators on the premises at

any time the specified anatomical areas and/or specified sexual activities, as defined in these

regulations, or in City ordinances.

2.4.5 Adult dancing establishments: an establishment, including but not limited to any restaurant

(eating and/or drinking establishment), lounge, dance hall, night club or other such place whose

business includes the offering to customers of live entertainment wherein employees, agents,

servants, or independent contractors perform dance routines and/or display or expose specified

anatomical areas, offered as adult oriented entertainment for viewing by patrons and spectators

on the premises and characterized by the emphasis on matter depicting, describing, or relating to

specified sexual activities or specified anatomical areas.

2.4.6 Adult motel: a motel or similar establishment with the word “adult” or otherwise that advertises

the presentation of adult material, offering public accommodations for any form of consideration

which provides patrons

with closed circuit television transmissions, films, motion pictures, video cassettes,

slides, or other photographic reproductions for the primary purpose of sexual

gratification or as related to specified sexual activities.

2.4.7 Adult oriented use(s): uses which intended to provide sexual stimulations or gratification

including, but not limited to all of those defined herein.

2.4.8 Adult theater: an establishment, whether open or enclosed, used for presenting material, for

viewing, that is distinguished or characterized by an emphasis on matter depicting, describing, or

relating to specified sexual activities or specified anatomical areas. This definition includes but is

not limited to the following: adult arcade, adult mini-motion Picture Theater, adult booth(s), and

adult drive-in theaters.

2.4.9 Licensed massage therapist: (licensed health care professional) is any person who has

graduated from a 500 hour massage therapy school, accredited by a state licensure board or its

Franklin-Simpson County Zoning Regulations

equivalent and who possess a valid state license in massage therapy from any state which

regulates the same by means of a written examination; or may include a physician, nurse,

occupation therapist, physical therapist, podiatrist, or chiropractor.

2.4.10 Massage parlor: an establishment providing massages, for hire, by persons other than a

licensed health care professional, including those activities that rub, stroke, knead, or tap the

body with the hand or an instrument or both for the purpose of or engaging in sexual gratification

or as related to specified sexual activities. This definition also includes those activities licensed

within “sexual encounter center.” This does not include any licensed or sanctioned athletic

activity that generally employs or uses the services of a physical trainer and/or those listed in the

definition of licensed massage therapist.

2.4.11 Protected uses: any uses or areas identified by these regulations or by City ordinance that are

influenced by or are susceptible to the secondary effects of adult oriented uses including: any

residentially zoned area, any area platted or developed for cluster residential development, any

area containing three (3) or more residential and rural residential lots as shown on an approved

and recorded plat, public or private school, college or university, church or other place of worship,

library, type 1 day care facility, public park or playground.

2.4.12 Sexual encounter center: an establishment whose primary business is the provision on premises

where customers either congregate, associate, or consort with employees, agents, servants, or

independent contractors; who engage in specified sexual activities in the presence of such

customers, or who display specified anatomical areas in the presences of such customers, with

the intent of providing sexual stimulation or sexual gratification appealing to adult sexual interest.

2.4.13 Sexually oriented businesses: those businesses as are defined in any and all ordinances

adopted by the City of Franklin and/or County of Simpson. Said definitions are hereby

incorporated herein by reference. These include, but are not limited to adult amusement

arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult

entertainment centers, adult motels, adult motion picture theaters, adult stage show

theaters, escort agencies, massage parlors (except as provided herein), or sexual

encounter centers.

2.4.14 Specified anatomical areas: anatomical areas including less than completely and opaquely

covered:

a. Human genitals or pubic region,

b. The cleavage of the human buttock;

c. Any portion of the human female breast below a horizontal line across the top of the areola at its

highest point, the entire lower portion of the female breast, not including cleavage of the human

female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel

provided that the areola is not exposed in whole or in part; and

d. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

2.4.15 Specified sexual activities: such activities including, but are not necessarily limited to, human

genitals in a state of sexual stimulation, arousal or tumescence; acts of human masturbation,

sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region or

pubic hair, buttock or female breast(s); acts of human analingus, bestiality, buggery, cunnilingus,

coprophagy, coprophilia, fellation, flagellations, masochism, necrophilia, pederasty, pedophilia,

Franklin-Simpson County Zoning Regulations

sadism, sadomasochism; excretory functions as part of or in connection with any of the activities

listed herein.

2.5 Definitions Related Specifically To Cell Towers

2.5.1 Antennas or related equipment:

Transmitting, receiving, or other equipment used to support cellular

telecommunications service or personal communications service. This definition

does not include towers.

2.5.2 Cellular antenna tower:

A tower constructed for, or an existing facility that has been adapted for, the

location of transmission or related equipment to be used in the provision of cellular

telecommunications services or personal communications services.

2.5.3 Cellular telecommunications service:

A retail telecommunications service that uses radio signals transmitted through cell

sites and mobile switching stations.

2.5.4 Co-location:

Locating two (2) or more transmission antennas or related equipment on the same

cellular antenna tower.

2.5.5 Personal communication service: As defined in 47 U.S.C. sec. 332(c)

2.5.5 Uniform application:

An application to construct a cellular antenna tower submitted to a Planning

Commission in conformity with KRS 100.9865

2.5.6 Utility: As defined in KRS 278.010(3)

Franklin-Simpson County Zoning Regulations

Article 3 - Zoning Map Atlas and Annexation

3.1 Zoning Map Atlas

The City of Franklin is hereby divided into zoning districts as provided herein and as

shown on the Franklin Zoning Map Atlas dated March 31, 1998. Simpson County is

hereby divided into zoning districts as provided herein and as shown on the Simpson

County zoning map atlas dated March 31, 1998. These two atlases together with all

explanatory matter thereon, is hereby adopted by reference and declared to be a part of

these regulations. The Franklin and Simpson County zoning map atlases are composed

of a series of map of paper/Mylar sheets, each of which represents a different

geographical area of the City or County. Each map sheet shall be identified as part of the

respective zoning map atlases. Together these zoning map atlases shall be the official

record or controlling copy of zoning status of all land in the City and County and shall be

kept on file in the office of the Planning Commission and shall be known herein collectively

as the Zoning Map.

3.2 Zoning Map Amendments

Zoning map amendments changing the zoning district status of an area, after the effective

date of said ordinance, shall be promptly inserted into electronic zoning map media by the

Planning Commission staff. Each amendment shall be identified on the map by a

numerical designation referring to the Planning Commission record of the amendment

proceedings. A GIS compatible electronic version also must be submitted to allow for

placement accuracy into the local electronic version and should be an exact replica of the

paper copy or the controlling copy.

3.3 Replacement of Zoning Map and Retention of Historic Zoning Maps

In the event that the zoning map becomes damaged, destroyed, lost or difficult to interpret

because of the nature or number of changes and additions, the Planning Commission may

adopt a new zoning map atlas or individual map sheet as may be appropriate. The new

zoning map may correct drafting or other errors or omissions in the prior zoning map atlas,

but no such correction shall have the effect of amending the original zoning ordinance or

any subsequent amendment thereof.

3.4 Rules for Interpretation of Zone and District Boundaries

Where uncertainty exists as to the exact location of the zoning district boundaries as

shown on the zoning map, the following rules shall apply:

3.4.1 Boundaries indicated as approximately following streets, highways, or alleys, the

center line of the street, highway or alley shall be construed as the boundary of the

zoning district. Vacated rights-of-way shall not affect the original zoning;

3.4.2 Boundaries indicated as approximately following platted lot lines or property lines,

such line shall be construed as the boundary of the zoning district;

Franklin-Simpson County Zoning Regulations

3.4.3 Boundaries indicated as approximately following political boundaries, such

boundaries shall be construed as the boundary of the zoning district;

3.4.4 Boundaries indicated as following railroad lines, such center line of the tracks shall

be construed as the boundary of the zoning district;

3.4.5 Boundaries indicated as following shorelines, such shoreline shall be construed as

the boundary of the zoning district. In the event of change in the shorelines, the

zoning district boundary shall be construed as moving with the actual shoreline.

Boundaries indicated as approximately following the center lines of streams, rivers,

canals, lakes, or other bodies of water, such center line shall be construed as the

boundary of the zoning district.

3.4.6 Boundaries indicated as parallel to or extensions of features indicated in sections

3.4.1 through 3.4.5 shall be so construed;

3.4.7 Boundaries indicated by specific distances through GIS, CAD drawing or ArcView

files that are capable of being applied to the electronic map in the proper location;

3.4.8 Boundaries indicated by specific distances on the zoning sheet shall be taken

literally and are not subject to review by the Board of Adjustment. Distances not

specifically indicated on the zoning map shall be determined by the scale of the

map;

3.4.9 Where a district boundary line divides a lot which was in single ownership at the

time of passage of these regulations, the Board of Adjustment may permit, the

extension of the zoning district for either portion of the lot, not the exceed 50 feet

beyond the original zoning district line into the remaining portion of the lot;

3.4.10 Where the above stated rules do not indicate the exact location of the zoning district

boundary, the location of the zoning district boundary shall be determined by appeal

before the Board of Adjustment as provided by section 12.2.7.

3.5 Zoning Status Not Affected By Annexation

All land which may hereafter be annexed by the City of Franklin shall retain the existing

zoning district classification unless it is determined by the city to be better designated as a

different zoning classification. Annexations shall retain the existing zoning district

classification whenever possible. However, if the proposed annexation is declared and

proved to be better designated as a different zoning classification, then the City may send

the matter to the planning commission for a public hearing to alter the zoning. The

planning commission has the right to alter the zoning to the proposed zoning or to a

zoning classification as recommended by the planning commission during the public

hearing. The revised zoning designation shall be updated and provided to the Board of

Commissioners prior to the second reading and adoption of the ordinance completing the

annexation.

Article 4 - Nonconforming Uses, Buildings, Premises and Lots

4.1 Purpose

Within the zoning districts established by these regulations, or amendments thereto, there

exists lots, buildings, and uses of land and buildings which were lawful before these

Zoning Regulations were adopted or amended, but which would be prohibited, regulated,

or restricted under the terms of these Zoning Regulations or future amendment. It is the

Franklin-Simpson County Zoning Regulations

intent of these regulations to permit these non-conformities to continue until they are

removed, but not to encourage their survival. It is the further intent of these regulations

that non-conformities shall not be enlarged or extended beyond the scope and area of

their operation at the time of the adoption of amendment of these Zoning Regulations, nor

be used as grounds for adding other buildings or uses prohibited elsewhere in the same

zoning district.

4.1.1 To avoid undue hardship nothing in these regulations shall be deemed to require a

change in the plans, construction or designated use of any building or premises on

which an application for a building permit was filed with the administrative officer

prior to the date of adoption of these Zoning Regulations or amendment thereto.

The issuance of said permit shall be valid only in the event that construction on said

building, in accordance with the plans and specifications submitted with the

application for a building permit, is begun within sixty (60) days after the date on

which the building permit was issued and is diligently carried on and completed

within one (1) year after the date on which the building permit was issued.

4.1.2 Actual construction is hereby defined to include the placing of construction materials

in permanent position and fastened in a permanent manner. When grading,

excavation, demolition, or removal of an existing building has been undertaken

preparatory to rebuilding or reusing the premises, such grading, excavation,

demolition or removal shall be deemed to be actual construction provided that work

shall be carried on diligently.

4.2 Non-Conforming Lots of Record

4.2.1 At the time of the adoption of these regulations, there may exist lots of record which

do not include sufficient land to conform to the area or lot dimensional requirements

of the zoning district in which they are located. The administrative official may issue

building permits for such lots, if proposed buildings can comply with all area or lot

dimensional requirements of Article 8 for the applicable zoning district with the

exception of minimum lot size and minimum lot width requirements. If proposed

parking area, access standards cannot comply with the minimum standards of

these Zoning Regulations, an application may be submitted to the Board of

Adjustment for a variance from the terms of these regulations.

4.2.2 If two or more adjoining lots with contiguous frontage in single ownership are of

record at the time of passage or amendment of these regulations and if the

individual lots or portions of lots do not meet the requirements established for lot

area or lot width, but would conform to the requirements

of these regulations if all or parts of the lots were considered together, then said

contiguous lots shall be considered an undivided parcel for the purposes of these

zoning regulations. No portion of said parcel shall be used or sold in a manner

which diminishes compliance with the lot area or lot width requirements established

by these zoning regulations. Nor shall any division or any parcel be made which

creates a lot with an area or width below the requirements states in these

regulations.

4.2.3 The lot size or lot frontage of a nonconforming lot of record may be enlarged even if

that enlargement does not meet the minimum lot size or minimum lot width

requirement for that zoning district in which it is located. No subdivision or

Franklin-Simpson County Zoning Regulations

reduction in lot area or lot frontage of a nonconforming lot of record shall be

permitted.

4.3 Non-Conforming Uses of Land

Where at the date of adoption or amendment of these regulations, lawful use of land exists

which would not be permitted by the requirements imposed by these regulations, the use

may be continued so long as it remains otherwise lawful subject the following provided:

4.3.1 No such non-conforming use shall be enlarged or extended to occupy a greater

area of land than was occupied at the date of adoption or amendment of these

Zoning Regulations.

4.3.2 No non-conforming use shall be moved in whole or in part to any part of the lot

other than that occupied by such use at the date of adoption or amendment of these

regulations. However, said use may be moved to another position on the lot through

appeal to the Board of Adjustment under Article 12.

4.3.3 When a non-conforming use of land or sign is discontinued or abandoned for six (6)

consecutive months or more, or for eighteen (18) months during any three (3) year

period (except when governmental action prevents such use), the land shall not

thereafter be used except in conformity with the requirements of the zoning district

in which it is located.

4.3.4 No additional building not conforming to the requirements of these Zoning

Regulations shall be erected in connection with such nonconforming use of land.

4.3A Non-Conforming Lots of Record with Exceptional Circumstances

4.3A.1For purposes of this Article 4.3A, “non-conforming lots of record with exceptional

circumstances” shall mean lots of record which do not include sufficient land to

conform to the area and/or lot dimensional requirements of Article 8 and/or the

zoning district in which they are located, and may not meet the minimum lot size

and width requirements as mentioned in Article 4.2 hereinabove. In addition, a

“non-conforming lot of record with exceptional circumstances,” as defined above,

must be located within the corporate city limits and residentially zoned. Property

which has been rezoned to residential within ten (10) years of the request for a

minor development plan under this Article 4.3A or any parcels of land created

after the adoption of this Article 4.3A shall not be considered as qualifying for a

minor development plan under this Article 4.3A.

4.3A.2If a lot meets the requirements of Article 4.3A.1 above, when it is found by the

administrator that the strict application of these regulations and/or the City’s

subdivision ordinance regarding non-conforming lots of record would result in

practical difficulties in the productive use of the lot/land because of the exceptional

and unique topographic or other physical conditions and or dimensional standards,

the administrator is authorized, but is not required, to execute a minor

development plan to permit the development of the property, but only if it meets

one or more of the following requirements:

(a). Lots with grades of 12% (10 inches of rise per foot of distance) or

steeper.

(b). Lots with a natural drainage way or a stream, creek or any other

waterway contained on the lot. Provided, however, that the developer and

Franklin-Simpson County Zoning Regulations

administrator shall be required to plan any development to comply with all

federal, state, and local laws pertaining to natural drainage or streams,

creeks, or waterways.

(c). Lots within one hundred feet (100’) of or contained within a flood zone,

flood hazard area or flood plain as designated on the Flood Insurance Rate

Map. Provided, however, that the developer shall be required to provide

sufficient proof that the development will not be reasonably subject to

flooding and, in addition, developer shall execute a waiver and release which

releases any and all persons and/or parties approving the minor

development plan including, but not limited to the Franklin-Simpson

Planning and Zoning Commission and the City of Franklin, from all liability

with regard to said approval in the event of a flooding event on the property.

(d). Developer must submit proof that a residence existed on the property at

one time in history, whether it is before or after the creation of the Planning

and Zoning Commission. The administrator shall attempt to require or

approve a similar or “like kind” building as a replacement dwelling.

(e). The existence of a property lot width which is less than the width

required by these regulations or the City’s subdivision ordinance where a

variance cannot be requested.

(f). The existence of a property with a minimum lot size which is less than the

lot size required by these regulations or the City’s subdivision ordinance

where a variance cannot be requested.

4.3A.3The administrator has full authority to review and approve or deny any requests

submitted by and through this Article 4.3A, subject to the approval or denial of the

City’s representative, as defined hereinbelow. This includes, but is not limited to lot

size, width, setbacks, topography, and any other applicable issues governed by

these Zoning regulations. If the administrator and the City’s representative disagree

on approval or denial of a particular development project, the project shall be

deemed denied.

4.3A.4Prior to issuance of a minor development plan in accordance with this Article

4.3A, the administrator and City representative, as defined in Article 4.3A.4 below,

shall make a determination that the structure that is approved by and through the

plan will enhance the aesthetics and/or character of the immediate vicinity and/or

neighborhood as a whole.

4.3A.5Developers/applicants may appeal a denied request pursuant to this Article 4.3A to

the Board of Adjustments pursuant to KRS 100.261 and, thereafter, appeals from

the decision of the Board of Adjustments shall be maintained as provided in the

applicable provisions of the Kentucky Revised Statutes. See KRS 100.347.

4.3A.6Prior to any construction or development on the property proposed for development

under this Article 4.3A, the City Manager, or his or her designee, shall also be

required to approve the minor development plan. The approval shall be

designated by said individual signing an approval line on the minor development

plan.

4.3A.7After approval of the minor development plan, development can proceed on the

property but only in accordance with the requirements contained in the minor

development plan. If the developer deviates from the requirements of the plan,

the administrator and/or code enforcement officer, with approval of the building

inspector, is/are authorized to issue appropriate stop work orders requiring

Franklin-Simpson County Zoning Regulations

immediate cessation of any work on the property pending resolution of any disputes

or hearings and/or appeals with regard to the work being performed on the property.

4.3A.8If two or more adjoining lots that individually meet the criteria of this Article 4.3A in

single ownership are of record at the time of passage or amendment of these

regulations, and if the individual lots or portions of lots do not meet the

requirements, but would conform to the requirements of these regulations if all or

parts of the lots were considered together, then said contiguous lots shall be

considered or be reconfigured to be an undivided parcel for the purposes of these

zoning regulations. No portion of said parcel shall be used or sold in a manner

which diminishes compliance with the requirements of this Article 4.3A. nor shall

any division of any parcel be made which will create a parcel which meets the

requirements stated in this Article 4.3A, as the goal of this Article is to create

usable, buildable lots and not to create more substandard lots.

4.3A.9Should a building, structure or dwelling constructed in compliance with the Article

4.3A be damaged, destroyed, or demolished by any means except natural causes

(such as damage caused by wind or tornado) to and extent of fifty five (55) percent

or more of its replacement cost exclusive of foundation, at time of destruction, it

shall not be repaired or reconstructed except in conformity of these Zoning

Regulations and in full compliance with the minor development plan issued

pursuant to this Article 4.3A. If such non-conforming building be damaged,

destroyed or demolished by natural causes, it may be reconstructed or repaired but

not the exceed the number of cubic feet existing at the time of the natural disaster

and not to extend the scope and area of its operation prior to its damage,

destruction, or demolition as approved on the minor development plan issued

pursuant to this Article 4.3A.(added 10/20/2020)

4.4 Non-Conforming Buildings

Where a lawful building exists at the effective date of adoption or amendment of these

regulations that could not be built under the terms of these regulations by reason of

restrictions on area, lot coverage, height, yards, its location on the lot, or other

requirements concerning the building, such building may be continued so long as it

remains otherwise lawful subject to the following provisions:

4.4.1 No such non-conforming building may be enlarged, except for a one time grant of a

variance by the Board of Adjustment as set out in 4.4.4 below, moved, or

structurally altered in a way which increases its non-conformity, but any building or

portion thereof may be altered to decrease its non-conformity.

4.4.2 Should a non-conforming building be damaged, destroyed, or demolished by any

means except natural causes (such as damage caused by wind or tornado) to and

extent of fifty five (55) percent or more of its replacement cost exclusive of

foundation, at time of destruction, it shall not be repaired or reconstructed except in

conformity of these Zoning Regulations. If such non-conforming building be

damaged, destroyed or demolished by natural causes, it may be reconstructed or

repaired but not the exceed the number of cubic feet existing at the time of the

natural disaster and not to extend the scope and area of its operation prior to its

damage, destruction, or demolition, except as otherwise provided in section 4.6.

Franklin-Simpson County Zoning Regulations

4.4.3 Should such building be moved for any reason for any distance whatever, it shall

thereafter conform to the regulations for the zoning district in which it is located after

it is moved. However, said building may be moved to another part of the same lot

by appeal to the Board of Adjustment as provided under Article 12.

4.4.4 The Board of Adjustment may grant a single variance to section 4.4.1 to permit the

enlargement of a non-conforming building. In granting the variance the Board of

Adjustment must find the following:

a. That the non-conforming building existed at the time of adoption of these zoning

regulations;

b. That in granting the non-conforming expansion of the building that the expanded

building does not create a sight visibility problem, or diminish the minimum off

street parking required for the type of use intended for the building.

c. That the enlargement does not exceed then (10) percent of the gross floor area

of the building existing as of the adoption of these Zoning Regulations.

4.5 Non-Conforming Uses of Building or of Buildings and Premises in Combination

If an otherwise lawful use involving individual buildings or of building and premises in

combination existed as of the date of adoption or amendment of these regulations that

would not now be allowed in the zoning district under the terms of these regulations, the

otherwise lawful use may be continued so long as it remains otherwise lawful, subject to

the following provisions:

4.5.1 No building, or building and premises in combination, devoted to a use not

permitted by the zoning district in which it is located shall be enlarged, except for a

one time grant of a variance by the Board of Adjustment as set out in 4.5.7,

extended, constructed, reconstructed, moved, or structurally altered except in

changing the use to a use permitted in the zoning district in which it is located.

4.5.2 Any non-conforming use may be extended throughout any part of a building which

were arranged or designed for such use at the date of adoption or amendment of

these Zoning Regulations, but no such use shall be extended to occupy any land

outside such building.

4.5.3 If no structural alterations are made, any non-conforming use of a building, or

building and premises, may be changed to another non-conforming use by appeal

to the Board of Adjustment as provided under Article 12 if the proposed use is in the

same or a more restrictive classification. In permitting such a change, the Board of

Adjustment may require appropriate conditions and safeguards in accordance with

the provisions of these regulations. This section does not allow for the

expansion of a nonconforming building containing a new nonconforming use, nor

does it permit the establishment of a use not permitted by the zoning district in

which it is located.

4.5.4 Any building, or building and land in combination, in which a non-conforming use is

superseded by a permitted use, shall thereafter conform to the regulations for the

zoning district in which it is located. The non-conforming use may not thereafter be

resumed.

4.5.5 Should a non-conforming use of a building or building and premises in combination

be damaged, destroyed, or demolished by any means except natural causes (such

Franklin-Simpson County Zoning Regulations

as damage caused by wind or tornado) to an extent of fifty five (55) percent or more

of its replacement cost, exclusive of foundation, at time of destruction, it shall not be

repaired or reconstructed except in conformity of these Zoning Regulations. If such

non-conforming use of building or buildings and premises in combination be

damaged, destroyed or demolished by natural causes, it may be reconstructed or

repaired but it may not exceed the number of cubic feet existing in it is and not to

extend or enlarge the scope and area of its operation prior to its damage,

destruction or demolition except as otherwise provided in section 4.6 herein below.

4.5.6 No non-conforming use of a building or building and premises in combination, may

be reestablished after it has been discontinued for six (6) months or more or for

eighteen (18) months during any three (3) year period (except when government

action prevents such use), the building or building and premises in combination

shall not thereafter be used except in conformance with the regulating of the zoning

district in which it is located.

4.5.7 The Board of Adjustment may grant one only variance to section 4.4.1 in order to

permit the enlargement of a non-conforming building. In granting the variance the

Board of Adjustment must find the following:

a. That the non-conforming building existed at the time of adoption of

these zoning regulations;

b. That in granting the non-conforming expansion of the building, the

expanded building does not create a sight visibility problem, or

diminish the minimum off street parking required for the type of use

intended for the building;

c. That the enlargement does not exceed ten (10) percent of the gross

floor area of the building as of the date of adoption of these Zoning

Regulations.

4.6 Repairs and Maintenance

On any non-conforming building and on any building containing a non-conforming use,

work on ordinary repairs may be done, or repair or replacement of walls, fixtures, wiring,

plumbing or other parts provided that the cubic content of the non-conforming building

shall not be increased. Nothing in these Zoning Regulations shall be deemed to prevent

the strengthening, repairing, or restoring to a safe condition of any building.

If a non-conforming building containing a non-conforming use becomes physically unsafe

or unlawful due to lack of repairs and maintenance and is declared by any duly authorized

official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be

restored, repaired, or rebuilt except in conformity with the zoning district regulations in

which it is located.

4.7 Conditional Uses Are Not Non-Conforming Uses

Any use that existed at the date of the adoption or amendment of these Zoning

Regulations which would thereafter require a conditional use permit shall without further

action be deemed a conforming use, but any enlargement or replacement of such use, in

buildings or on land, shall require a conditional use permit.

Franklin-Simpson County Zoning Regulations

Article 5 - Sign Regulations

5.1 Intent

This article provides content-neutral sign standards that allow legitimate signage for

agricultural, residential, professional office, business, and industrial activities while

promoting signs that:

a. Reduce intrusions and protect property values;

b. Minimize undue distractions to the motoring public;

c. Protect the tourist industry by promoting a pleasing community image; and

d. Enhance and strengthen economic stability.

5.2 Scope

These provisions apply to the display, construction, erection, alteration, location, and

maintenance of all new and existing signs within the City of Franklin and Simpson County.

5.3 Exempt Signs

The following signs are exempt from the provisions of this Article and are, therefore,

exempt from the requirement to obtain a sign permit:

a. Signs not visible beyond the boundaries of the property upon which

they are located.

b. Government signs that are placed by government officers in the

performance of their professional/elected duties.

c. Temporary or permanent signs erected by public utility companies

or construction companies in the performance of their professional

duties.

d. Vehicle signage when painted directly on a vehicle or attached

magnetically.

e. Temporary signage of 3 square feet or smaller placed on or after

April 15 and removed by the last day of May. Temporary signage of

three square feet or smaller placed on or after the first day of

October and removed by November 15.

f. Temporary signs for a new business for up to 30 consecutive days

from the first day of business. Exempt signage shall only be

displayed on the property where the new business is located.

g. Signage placed by realtors in the performance of their professional

duties.

h. Window signage

5.4 Permit Requirements

a. No sign regulated by this ordinance (except those specifically exempted in

Section 5.4.1 below) shall be displayed, erected, relocated, or altered unless

all necessary permits have been issued by the Franklin-Simpson County

Planning Commission. Applicants shall submit an application form to the

department before any permit may be issued.

b. Signs shall only be erected or constructed in compliance with the approved

permit.

Franklin-Simpson County Zoning Regulations

c. Applicants shall obtain a building permit for the footer of freestanding and

monument signs. Applicants shall also obtain an electrical permit for signs

that require electrical service. Final inspections for building permits and

electrical permits require a minimum notice of 24 hours to the city’s building

inspector and/or state electrical inspector.

d. Signs permitted as an accessory to a legal, nonconforming use shall be

subject to the regulations of the zone in which the nonconforming use is

located.

5.4.1 Signs Exempt from Permit Requirements

The following signs shall not require a permit:

a. Incidental signs

b. Historic markers

c. Change of copy on any sign where the framework or other structural

elements are not altered

5.5 Nonconforming Signs

A legal, nonconforming sign may continue in existence if it is properly maintained in good

condition.

These provisions shall not prevent the repair or restoration to a safe condition of any sign,

but a nonconforming sign shall not be:

a. Changed to another nonconforming sign except where only the face or copy

is changed;

b. Structurally altered to increase the degree of nonconformity of the sign;

c. Expanded or enlarged;

d. Reestablished after its removal; or

e. Moved to a new location on the building or lot.

5.6 Illegal Signs

All illegal signs shall be subject to immediate enforcement action as outlined in Article 5 of

the Franklin-Simpson County Zoning Ordinance.

5.7 General Requirements

All signs in all zones shall meet the following requirements:

a. Illuminated signs shall be in a fashion which prevents all direct rays of light

from shining beyond the property lines of the lot on which the sign is located.

b. No light, sign, or other advertising device shall be designed or erected to

imitate or resemble any official traffic sign, signal, or device or use any

words, phrases, symbols, or characters implying the existence of danger, or

the need to stop or maneuver the vehicle.

c. No sign shall be attached to or painted on the surface of any tree, utility pole,

or streetlight.

d. Projecting signs shall have at least 7' of clearance above a sidewalk.

e. Neon or other lighted tubing signs shall not be permitted except where such

lighting is used behind solid lettering to produce a “halo” effect, or where it is

Franklin-Simpson County Zoning Regulations

used indirectly. Neon lighting shall not be used to outline buildings,

structures, or ornamental features.

f. No sign, except for government signs, shall be located within the sight

triangle of any intersection. Refer to Article 7 Section 7.8.2.

g. No sign shall be placed in or project into the public or private street right-of-

way, except as specifically permitted herein.

h. Freestanding, monument, and projecting face sign area shall be computed

as follows:

i.i.i. Double-faced signs shall have both sides counted in calculating the

area.

i.i.ii. Sign with more than two faces shall have the area calculated by

summing the area of all sign faces and dividing by two (2).

i.i.iii. The area enclosing the perimeter of each cabinet shall be calculated

to determine the area.

i.i.iv. The perimeter of the measurable area shall not include

embellishments (e.g., pole covers, framing, or decorative roofing)

provided there is no written copy on such embellishments.

i.i.v. Maximum height shall be measured from the finished grade at the

center of the sign and shall include the sign’s base.

i. Every sign, including those for which a permit is not required, shall always be

maintained in good condition.

j. Electronic Message/Changeable Copy Signs (EMC sign) shall comply with

the following:

i. Only one EMC sign per zoning parcel.

ii. The minimum display time for each message is six (6) seconds

iii. Must include sign usage control software that allows for automatic

scheduling of brightness levels for minimal driver distractions.

iv. Signs may not imitate or be similar in operation to emergency

response vehicle lights or traffic lights.

v. The electronic message portion may not greater than 50% of the sign

area.

5.8 Prohibited Signs in All Zones

The following signs and/or sign features shall be prohibited in all zones:

a. Mobile signs;

b. Roof signs that extend higher than the top of the roof;

c. Rotating or moving signs;

d. Abandoned signs;

e. Streamers, pennants, and tag signs or similar signs or devices except when

attached to a permitted temporary sign;

f. Any sign which emits any noise or odor;

g. Freestanding signs which overhang any part of a building;

h. Flashing or blinking signs;

i. Billboards with an electronic message display system;

j. Signs in a public right-of-way; and

k. Handbills.

Franklin-Simpson County Zoning Regulations

l. Signs specifically attached to a vehicle or trailer for the express use as a

moveable sign. Does not apply to company vehicles that accompany workers to

a job site and are not left unattended.

5.9 Signs Requiring a Conditional Use Permit in All Zones

a. Signs painted directly on a building.

b. Only the Board of Zoning Adjustments shall have the authority to approve sign

variances or conditional use permits for signs unless the request is made to the

Planning Commission in conjunction with a Development Plan.

5.10 Signs Permitted by Specific Zone

Any sign not specifically permitted shall be prohibited.

5.10.1 Agricultural Zones (AG & RV)

a. Residence: One wall sign not exceeding one (1) square foot in area. Every

parcel shall be entitled to one sign not exceeding 36 square inches in area to be

placed in any of the following locations:

i. on the front of every building, residence or structure;

ii. on each side of an authorized U.S. Postal Service mailbox;

iii. On one post which measures no more than 48 inches in height and four

(4) inches in width.

b. Farm:

i.i. Two signs per entrance if incorporated into a fence or wall feature, or one

freestanding sign per entrance. Signs shall not exceed 32 square feet in

area each.

i.ii. Incidental signs - which shall not exceed two (2) square feet in area nor

require sign permits.

c. Buildings Used for Religious or Educational Activities:

i.i. One freestanding sign not exceeding 32 square feet in area and eight (8) feet

in height.

i.ii. One bulletin board, not exceeding 12 square feet in area and eight (8) feet in

height.

i.iii. One wall sign per building not exceeding 32 square feet in area.

i.iv. Incidental signs which shall not exceed two (2) square feet in area and do

not require sign permits.

d. All Other Conditional Uses:

i.i. One freestanding sign for any other permitted or conditional use not noted

herein; signage shall not exceed 32 square feet in area and eight (8) feet in

height.

i.ii. One wall sign that shall not exceed 12 square feet in area, and eight (8) feet

in height.

Franklin-Simpson County Zoning Regulations

5.10.2 Low-Density Residential Zones (R-1) and (R1-S)

a. Residence: One nameplate wall sign not exceeding one (1) square foot in

area; one wall sign not exceeding (1) square foot in area; and, every parcel shall

be entitled to one sign not exceeding 36 square inches in area to be placed in

any of the following locations:

i. On the front of every building, residence or structure;

ii. One each side of an authorized U.S. Postal Service mailbox;

iii. On one post which measures no more than 48 inches in height and four

(4) inches in width.

b. Home Occupation: One wall sign not exceeding three (3) square feet in area.

c. Subdivision: One freestanding sign per entrance into the subdivision not to

exceed 32 square feet in area and eight (8) feet in height.

d. Buildings Used for Religious or Educational Activities:

i.i. One freestanding sign that shall not exceed 32 square feet in area and eight

(8) feet in height;

i.ii. One wall sign that shall not exceed 12 square feet in area;

i.iii. One bulletin board that shall not exceed 12 square feet in area and eight (8)

feet in height; and

i.iv. Incidental signs which shall not exceed two (2) square feet in area nor

require sign permits.

e. All other Conditional Uses:

i.i. One freestanding sign that shall not exceed 32 square feet in area and eight

(8) feet in height;

i.ii. One wall sign that shall not exceed 12 square feet in area; and

i.iii. Incidental signs which shall not exceed two (2) square feet in area nor

require sign permits.

5.10.3 High-Density Residential Zones (R1-S, R-2, R-3, R-4, R-5, Mobile Home Park and

Mobile Home)

a. Single Family Residence - All single-family homes within these zones

a.i. comply with the signage regulations for low-density residential zones

a.ii. Regulated under paragraph 5.10.2 above.

b. Multi-Family Residence - Multi-family residential buildings and conditional uses may

have:

i. One freestanding sign that shall not exceed 32 square feet in area and

eight (8) feet in height and shall have a front yard setback of 20 feet;

ii. One wall sign that shall not exceed 12 square feet in area.

iii. Incidental signs which shall not exceed two (2) square feet in area nor

require sign permits.

c. Buildings Used for Religious or Educational Activities

i.i. One freestanding sign that shall not exceed 32 square feet in area and

eight (8) feet in height;

i.ii. One wall sign per building that shall not to exceed 12 square feet in area;

i.iii. One bulletin board that shall not exceed 12 square feet in area and eight (8)

feet in height; and

Franklin-Simpson County Zoning Regulations

i.iv. Incidental signs - which shall not exceed two (2) square feet in area nor

require sign permits.

d. Mobile Home Park & Mobile Home Subdivision

i. One freestanding sign per park entrance. Sign shall not exceed 32 square

feet in area, eight (8) feet in height, and shall have a minimum setback of 20

feet from any street.

ii. One nameplate wall sign per mobile home that shall not exceed one (1)

square foot in area.

5.10.4 Standard Signage Permitted in Professional, Commercial and Industrial Zones (B-1,

B-2, B-3, B-4, B-5, O-P, I-1, and I-2)

a. One freestanding or monument sign per street frontage with a maximum of two (2)

signs per lot.

i.i. Freestanding signs shall not exceed 75 square feet in area, 25 feet in

height, and shall have a minimum setback of 10 feet. When street

frontage permits two (2) signs, the two freestanding signs may be

combined into one (1) freestanding sign that shall not exceed 110 square

feet in area. For buildings with more than one occupying business this

freestanding sign may list all businesses within the building.

i.ii. Monument signs shall not exceed 60 square feet in area, eight (8) feet in

height, and shall have a minimum setback of 10 feet.

b. One wall sign, canopy sign or awning sign per street frontage with a maximum of two

(2) signs per building. The maximum allowed area for all signage in this category is 32

square feet or 15 percent of the wall area to which the sign, canopy or awning is

attached, whichever is greater. Awnings shall have at least seven (7) feet of clearance

when fully extended. When a building contains two or more separate businesses,

these requirements shall be applied separately to the wall area of the portion of the

building occupied by the individual business.

c. One wall sign per tenant or lessee not exceeding two (2) square feet in area.

d. One attraction board either attached to the wall or attached to the permitted

freestanding sign not to exceed 32 square feet in area and eight (8) feet in height.

e. One menu board for every property that includes a drive-thru lane, walk-up window, or

drive-up curbside. Menu boards shall not exceed 55 square feet in area and shall have

a maximum height of eight (8) feet.

f. Temporary signs – Shall include banners, streamers, tethered balloons, and inflatable

signs and objects. One temporary sign per street frontage shall be allowed subject to

the following conditions:

i. Shall not exceed 50 square feet per sign where non-rigid materials are used.

ii. Shall not exceed 32 square feet per sign where rigid materials, such as

wallboard or plywood, are used.

iii. Shall comply with the applicable regulations for the zone in which they are

located.

iv. Shall not remain in place for a period of more than 14 continuous days.

v. Shall not be displayed for more than a total of eight (8) times in any calendar

year.

vi. Shall not be placed within the public right-of-way or the sight triangle at

intersections.

g. One marquee per theatre. A marquee shall not exceed 32 square feet in area, shall

not project more than eight (8) feet from the building face to which it is attached, and

shall have a minimum clearance of eight (8) feet.

Franklin-Simpson County Zoning Regulations

h. Incidental signs – which shall not exceed two (2) square feet in area nor require sign

permits.

i. Buildings Used for Religious or Educational Activities

i. In addition to signage permitted above, one bulletin board, not exceeding 32

square feet in area and eight (8) feet in height.

ii. One wall sign that shall not exceed 12 square feet in area and eight (8) feet in

height.

iii. One bulletin board that shall not exceed 12 square feet in area and (8) ft. in

height.

iv. Incidental signs which shall not exceed two (2) square feet in area nor would

require a permit.

j. Signs with electronic message display systems shall be prohibited in the B-3

(Neighborhood Business). Electronic message display systems may be incorporated

into one freestanding or wall sign for each property located within the B-5, B-4, I-1, and

I-2 zones.

5.10.5 Additional Signage Permitted in Specific Commercial and Industrial Zones

A. Central Business Zone (B-1)- In addition to the signage permitted in 5.10.4

above, the following signs shall be permitted:

i. Permanent sidewalk sign- Where a building is located adjacent to the public

right-of-way, one non-illuminated, freestanding sign may be placed on the

public sidewalk with the following restrictions:

ii. Sign shall not exceed 5 ½ square feet in area.

iii. The edge of the sign shall not extend beyond the curb line.

iv. The maximum dimensions of the support frame shall not exceed eight (8)

square feet in area (maximum 48 inches wide or 36 inches high).

v. The bottom of such support shall be seven (7) feet above the sidewalk and

vertical support shall be 24 inches from the curb.

vi. Portable sign - One shall be permitted for business entrance subject to the

following restrictions:

vii. Maximum surface area of the sign shall be six (6) square feet per face,

maximum height of the sign shall be three (3) feet, and maximum width of

sign shall be two (2) feet.

viii. A minimum 36 inches wide pedestrian travel way shall be maintained on the

sidewalk. Signs may be designed with a changeable face and shall be

removed from the public sidewalk when the business is closed.

b. Highway Business Zone (B-4) - In addition to the signage permitted in 11.10.5 the

following signs shall be permitted:

i. Shopping Center Malls larger than 100,000 square feet may have one

freestanding sign per street frontage with a maximum of 250 square feet per

sign face and a maximum height of 30 feet. All other shopping malls may have

one freestanding sign per street frontage with a maximum of 75 square feet per

sign face and a maximum height of 25 feet.

ii. One interstate sign for those businesses which lie within a 2,500-foot radius of

the center point of an interstate interchange overpass. This interstate sign shall

take the place of either the permitted freestanding or wall sign outlined in 5.10.4

Franklin-Simpson County Zoning Regulations

above. These businesses may have a combination of any two of these signs:

interstate sign, freestanding sign, or wall sign. Interstate signs shall be subject

to the following restrictions:

a) Shall not have an electronic message display system;

b) Individual signs shall not exceed 250 square feet in area;

c) Height (from the base to the top of the sign) shall not exceed 90 feet;

d) The sign base shall be at least 90 feet from any residential zoned property;

e) In addition to a sign permit, a building permit shall be obtained prior to

installation.

c. General Business, Light Industrial, and Heavy Industrial Zones (B-2, I-1, and I-2) - In

addition to the signage permitted in 5.10.4, the following signs shall be permitted:

i. Shopping Center Malls larger than 100,000 square feet may have one

freestanding sign per street frontage with a maximum of 250 square feet per

sign face and a maximum height of 30 feet. All other shopping malls may have

one freestanding sign per street frontage with a maximum 75 square feet per

sign face and a maximum height of 25 feet.

ii. One interstate sign for those businesses which lie within a 2,500-foot radius of

the center point of an interstate interchange overpass. This interstate sign shall

take the place of either the permitted freestanding or wall sign outlined in 5.10.4

above. These businesses may have a combination of any two of these signs:

interstate sign, freestanding sign, or wall sign. Interstate signs shall be subject

to the following restrictions:

a) Shall not have an electronic message display system.

b) Individual signs shall not exceed 250 square feet in area

c) Height (from the base to the top of the sign) shall not exceed 90 feet.

d) The sign base shall be at least 90 feet from any residential zoned property.

e) In addition to a sign permit, a building permit shall be obtained prior to

installation.

iii. One billboard shall be permitted subject to the following:

a) The sign shall not have an electronic message display system.

b) The property on which the billboard is located shall abut a

c) Federal or State highway.

d) The sign shall be the principal use; there shall be no other

e) Buildings, freestanding signs, etc., on the lot.

f) Signage face shall not exceed 720 square feet in area.

g) The sign shall be located no closer than 300 feet to any other structure.

h) The sign shall be at least 150 feet away from any residential zone or

residential use

i) There shall be a 40-foot setback requirement from any right-of- way.

j) Maximum height shall be 35 feet.

Franklin-Simpson County Zoning Regulations

5.11 Zones Where Development Plans Are Required

A permitted sign’s height, size, location, and design features shall be determined by the

sign requirements set forth in the zone in which the proposed or existing use is first

permitted.

5.12 Advertising on Interstate Interchange District Zone (B-5)

No billboard shall be permitted adjacent to interstate or limited-access highways except in

conformance with the setback requirements established by the Federal Bureau of Public

Roads, the Kentucky Transportation Cabinet, and the requirements of this Zoning

Ordinance with respect to the zoning district involved.

5.13 Maintenance Standards

Every sign, including those signs for which a permit is not required, shall always be

maintained in good condition.

5.14 Penalties for Violation

Violation of the provisions of these sign regulations shall constitute a misdemeanor which

shall be subject to the fines and penalties as set forth in Article 11 for violation of this

Zoning Ordinance.

5.15 Substitution Clause

The owner of any sign which is otherwise allowed by this chapter may substitute

noncommercial speech in lieu of any other commercial speech or noncommercial speech.

This substitution of copy may be made without any additional approval or permitting. The

purpose of this provision is to prevent any inadvertent favoring of commercial speech over

noncommercial speech or favoring of any noncommercial speech over any other

noncommercial speech. This provision prevails over any more specific provision to the

contrary.

5.16 Severability Clause

In the event any word or sentence in this article, or provision or portion of this article, or

rules adopted by this ordinance is invalidated by any court of

competent jurisdiction, the remaining words and/or sentences, provisions, or portions

thereof shall not be affected and shall continue in full force and effect.

5.17 Definitions

The definitions contained in this section shall be applied in the interpretation of all sections

within Article 5 of this ordinance, except where the context clearly indicates otherwise.

Words used in the present tense shall include the future tense, singular number shall

include the plural, and plural include the singular.

1. Abandoned Sign: Signage that has been neglected and fallen into disrepair.

2. Attraction Board: Copy is changed manually or electronically on a regular basis.

Franklin-Simpson County Zoning Regulations

3. Awning Sign: Applied directly to the surface of an awning; defined as a shelter

supported entirely on a wall and made of non-rigid material supported by a frame.

4. Banner Sign: Made of non-rigid material with no enclosing framework.

5. Billboard: Signage intended for lease to a variety of businesses, organizations, and/or

individuals. In such case, the sign itself shall be the income generator and the primary

commercial use of the property.

6. Bulletin Board: Allows the manual or electronic change of copy and is used to notify the

public of noncommercial events or occurrences such as church services, political rallies, civic

meetings, or similar events.

7. Canopy Sign: Applied directly to the surface of a canopy; defined as a permanently roofed

shelter covering a sidewalk, driveway, or similar area. Canopies may be supported by a building,

columns, poles, braces, or a combination of both.

8. Double-faced Sign: Two (2) faces either set parallel or up to a 45-degree angle. Any two (2)

sign faces set at an angle greater than 45 degrees shall be considered two (2) separate signs.

9. Electronic Message Display System: Copy which uses rotating reflective discs, direct

illumination, rotating veins, light emitting diodes (LEDs), liquid crystal diodes (LCDs) or other

digital devices and is changed by a central computer.

10. Farm: A tract of at least ten (10) contiguous acres used for production of agricultural or

horticultural crops. Agricultural and horticultural crops shall be defined as, but not limited to,

livestock, livestock products, poultry, poultry products, grain, hay, pasture, soybeans, tobacco,

timber, orchard fruits, vegetables, flowers, ornamental plants, vineyards, and wineries.

11. Flashing or Blinking: Intermittent or sequential illumination for the purpose of attracting

attention to the sign.

12. Freestanding Sign: Attached to the ground by columns, poles, braces, or other means and

not attached to any building.

13. Government Sign: Temporary or permanent, erected by government employees or officers

in the performance of their professional/elected duties.

14. Handbill: Printed or written material, circular, leaflet, pamphlet, or booklet designed for

distribution on vehicles or other property, excluding postal distribution, which advertises

merchandise, commodities, or services.

15. Illegal Sign: Does not meet the requirements of this zoning ordinance and has not been

identified as a legal, nonconforming sign.

16. Illuminated Sign: Emits or reflects artificial light from any source

a. Directly illuminated: Lighted by an unshielded light source (including neon tubing)

which is visible as a part of the sign and where light travels directly from the source to the

viewer’s eye.

Franklin-Simpson County Zoning Regulations

b. Indirectly illuminated: Light source projects light onto the exterior of the sign surface or

onto the building where the sign is located.

c. Internally illuminated: Light source is within the sign, with transparent or translucent

background or cover which silhouette letters or designs.

17. Incidental Sign: Not exceeding two (2) square feet in area.

18. Interstate Sign: Sign that is designed to be seen from an interstate highway.

19. Marquee Sign: Used in conjunction with a theatre, is attached to the building, and projects

from the building.

20. Menu Board: Freestanding signs placed at properties where there is a drive-thru lane, walk-

up window, or drive-up curbside.

21. Mobile Sign: Affixed to a frame having wheels or capable of being moved. Mobile signs do

not have a permanent foundation and cannot withstand the wind-load stress requirements of the

adopted building code as they are designed to stand free from a building. The removal of wheels

from such a sign or temporarily securing a sign of this type shall not prevent it from being

classified as a mobile sign within this definition. This includes signage placed in a truck

bed or on a trailer designed to be pulled behind a vehicle.

22. Monument Sign: Attached to a permanent foundation or decorative base and not attached

to or dependent for support from any building, pole, post, or similar upright.

23. Nonconforming Sign: Legally erected but does not comply with the current regulations for

the zone in which it is located.

24. Non-illuminated Sign: Does not emit or reflect artificial light from any source.

25. Portable Sign: Small sign, easily transported by hand, placed outside during business

hours, and brought into the business after hours, usually tent style or A-frame.

26. Projecting Sign: Attached to a building, extends more than 24 inches.

27. Roof Sign: Projects above the cornice of a flat roof or the ridgeline of a gabled or hipped

roof. In determining the top edge of the roof, calculation shall not include cupolas, pylons,

chimneys, or other projections above the roofline.

28. Rotating or Moving Sign: Any portion of which moves by mechanical or the wind; does not

refer to changing copy with an electronic message display system.

29. Sign: Any copy, including material used to differentiate the copy from the background, which

is applied to a surface as a means of identifying, advertising, announcing, or illustrating products,

services, and/or events.

Franklin-Simpson County Zoning Regulations

30. Sign Clearance: The vertical distance between the lowest points of any sign and the grade

at the base of the sign.

31. Sign Copy: Any word, figure, number, symbol, or emblem affixed to a sign.

32. Sign Height: The vertical distance measured from the highest point of the sign, including the

frame and any embellishments, to the bottom of the base of the sign.

33. Sign Setback: The horizontal distance between any street right-of-way and a sign. The

measurement shall be taken at the closest point between the right-of-way and any part of the

sign.

34. Sign Surface: That part of the sign on which the message is displayed.

35. Square Foot: A unit of area equal to one foot by one-foot square.

36. Street Frontage: Property line that lies adjacent to street right-of-way.

37. Temporary Sign: A banner, pennant, poster, or advertising display constructed of paper,

cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials and that

appears to be intended to be displayed for a limited period of time. They are intended to be

displayed for not more than 14 continuous days or more than eight (8) times per calendar year.

38. Vehicle Signage: Signage painted directly on a vehicle or attached magnetically.

39. Wall Sign: Attached directly to a building; includes mansards, canopies, awnings, and signs

attached to a roof which do not project above the roofline.

40. Window Display: Merchandise or other objects placed inside a building to be viewed from

outside the building.

41. Window Sign: Attached to or located within three (3) feet of the interior of a window and

which can be seen through the window from the exterior of the structure.

Franklin-Simpson County Zoning Regulations

Article 6 - Vehicle Regulations

6.1 Purpose

The purpose of this Article is to establish and describe the onsite parking, loading and unloading

standards for various types of land use, development and maintenance standards, screening

requirements for Franklin and Simpson County.

6.2 Scope of Off-Street Parking and Loading and Unloading of Motor

Vehicles

6.2.1 No building shall be erected, enlarged or substantially altered, or its use changed

unless permanently maintained off-street parking, loading and unloading spaces have

been provided in accordance with the provisions of these Zoning Regulations.

6.2.2 The provisions of this Article, except where there is a change of use or where the

building is enlarged, shall not apply to any existing building. Where a new use involves no

additions or enlargements to the building, the property owner shall provide as many

spaces as may be required by these Zoning Regulations.

6.2.3 Off-street parking area provided for any existing building or use shall be maintained

so long as said building or use remains.

6.2.4 Any existing off-street parking area provided for any building or use shall not be

reduced unless the off-street parking provided exceeds the requirements of these zoning

regulations.

6.2.5 Whenever a building is changed or enlarged in floor area, number of dwelling units,

seating capacity, or otherwise and additional parking area is required as a result of such

change, under the terms of these Zoning Regulations, the additional parking spaces shall

be provided.

6.2.6 It shall be unlawful to begin to alter a building or change a use until such time as the

additional required off-street parking is provided to the existing parking area.

6.2.7 The additional parking spaces provided will be computed to the basis of number of

spaces required by the size of the enlargement or change.

6.2.8 If a building existing prior to June 30, 1971 is enlarged to the extent of forty (40)

percent or more in floor area, number of housing units, seating capacity, or otherwise, said

building shall then and thereafter comply with the full parking requirements set forth herein

as if it were new construction.

6.3 Parking Area Development and Maintenance Standards

The following development and maintenance standards shall apply to all parking areas:

Franklin-Simpson County Zoning Regulations

6.3.1 Off-street parking areas shall be provided with vehicular access to either a

Public Street or alley.

6.3.2 Off-street parking areas shall be of useable shape and surface and have convenient

ingress and egress. Aisle and access drives shall be designed so as to provide adequate

vehicular maneuvering upon the property being served and in no case shall off-street

parking areas be permitted which encourage or require the backing onto or maneuvering

within any public rights-of-way, except as allowed in section 6.7.1.c.

6.3.3 Where parking areas are provided for five (5) or more vehicles, they shall be

improved within six (6) months of application of any base material with an asphalt,

bituminous, cement or other properly bound surface, so as to be durable and dustless, and

shall be graded and drained so as to dispose of all surface water accumulation within the

area without carrying said water accumulation over a public sidewalk.

6.3.4 Where parking areas are illuminated, lighting fixtures shall be so arranged that no

part of nay fixture shall be more than 30 feet above the finished grade of the parking area.

Fixtures shall be so designed and installed that the light is directed downward and

reflected away from adjacent lots, and public streets.

6.4 Units of Measurement for Parking Area

6.4.1 For purposes of calculating the required parking area for a given lot, the ration of

three hundred (300) square feet of ground shall be provided for each parking space

required by these Zoning Regulations. Each parking space provided may not be

less than 162 square feet per parking space. Furthermore, for the purposes of

calculating the parking to paved area ratio to provide for the Minimum 162 s. ft. per

space, a minimum ratio of Three Hundred (300) square feet of ground area shall be

provided for each space allocation. (added 10/20/2020)

6.4.2 When determining maximum capacity, seats or other standards, calculations will be

based on Kentucky building code occupancy load requirements.

6.4.3 When units of measurement determining the number of required parking spaces

result in the requirement of a fractional space, any fraction up to one-half (1/2) shall

be disregarded, and fractions of one-half (1/2) or more shall require one (1) parking

space.

6.5 Loading and Unloading Spaces Required

All business, industrial, and rural village zoning districts shall provide loading and unloading

spaces as required in these Zoning Regulations. Any building erected or enlarged that is to be

occupied by uses requiring the receipt or distribution by motor vehicles of material objects or

merchandise, there shall be provided and maintained on the same lot not less than one (1)

loading and unloading space for each separate occupancy requiring delivery of goods and having

a gross floor area of up to two thousand (2,000) square feet. One additional loading space shall

be provided for each additional ten thousand (10,000) square feet or fraction thereof.

6.5.1 Each loading space shall not be less than twelve (12) feet in width, fifty (50) feet in

length, exclusive of driveways, aisles, and other circulation areas, and a minimum vertical

height clearance of fifteen (15) feet. The minimum vertical clearance for funeral homes

may be reduced to nine (9) feet. Each space shall be located with respect to access

drives and aisles to preclude backing onto or occupying any public right-of-way.

Franklin-Simpson County Zoning Regulations

6.5.2 Loading and unloading space may occupy all or any part, of any required yard

space, unless otherwise provided in these Zoning Regulations.

6.5.3 The provisions of this section, except where there is a change of use or where the

building is enlarged, shall not apply to any existing building. Where the new use involves

no additions or enlargements, there shall be provided as many loading and unloading

spaces as may be required by these Zoning Regulations.

6.5.4 Existing off-street loading spaces provided for any building or use shall be

maintained thereafter so long as said building or use remains.

6.5.5 Any existing off-street loading and unloading space provided for any building or use

shall not be reduced unless the off-street loading and unloading space provided exceeds

the requirements of these Zoning Regulations.

6.5.6 Whenever a building is changed or enlarged in floor area, seating capacity, or

otherwise and additional loading and unloading spaces are required as a result of such

change, under the terms of these Zoning Regulations, the additional loading and

unloading spaces shall be provided.

6.5.7 It shall be unlawful to begin altering a building or change a use until such time as the

additional required off-street loading or unloading spaces are provided. The additional

loading and unloading spaces provided will be computed of the basis of number of loading

and unloading spaces required by the size of the enlargement or change.

6.5.8 If a building of building existing prior to June 30, 1971 is enlarged to the extent of

forty (40) percent or more in floor area, seating capacity, or otherwise, said building or

building shall then and thereafter comply with the full loading and unloading requirements

set forth herein as if it were new construction.

6.6 Screening or Landscaping of Parking Areas

Any off-street parking area containing one thousand eight hundred (1,800) square feet and used

by five (5) or more motor vehicles shall be effectively screened as required by Article 14. It is

further provided that walls or fences as required in this section shall not be used for advertising

purposes and shall be maintained in good condition.

6.6.1 Every parcel of land hereafter uses as automobile, truck, manufactured home, boat,

trailer and camper sales lot or as an automobile service station shall be subject to the

requirements of this Article concerning surfacing, lighting and screening, and shall be

considered, in the application thereof, as the equivalent of a parking area for more than six

(6) motor vehicles. With respect to automobile service stations, the requirements of Article

14 for screening of parking areas from property in a residential zoning district or used for

residential

or institutional purposes shall apply only to that area used for parking of more than five (5)

motor vehicles.

6.7 Parking, Loading, and Unloading Areas in Required Yards

6.7.1 Where permitted:

Franklin-Simpson County Zoning Regulations

a. Minimum required off-street parking areas and loading, unloading spaces and

parking lots, may be located in any required yard unless prohibited in section

6.5.4.

b. In all residential zoning districts, except R-5, driveways and parking areas for

dwelling units not sharing a common parking area may allow the backing onto a

public rights-of-way (as exception to section 6.2.2 herein) if said rights-of-way is

designated by the comprehensive plan as a local or minor collector street. In no

case, shall such driveways or parking areas exceed fifty (50) percent coverage

of the total required front yard or side-street yard.

c. In all residential or business zoning districts any parking area, loading or

unloading space, or parking lot may allow the backing onto a public alleys (as

exception to section 6.2.2 herein). In such cases where a perimeter landscape

easement would be required (see Article 14), such easement may be eliminated

for those portions where continuous pavement would preclude the application

of the landscape easement along the alley.

6.7.2 Where Prohibited:

Minimum required off-street parking areas, loading and unloading areas, and

parking lots are prohibited in the following yards or portions of yards, except for

permitted access drives:

a. In the R-1 and R-2 zoning districts, parking areas shall not be permitted in

required front or side-street yards. Access to such parking areas may be by

driveways from a public alley or street.

b. In all zoning districts other than B-1, required off-street parking areas and

loading and unloading areas, and parking lots shall have a setback requirement

in any yard adjacent to an arterial or major collector street right-of-way. No

portion of such areas except for permitted access drives shall be located close

to the rights-of-way than twenty (20) feet for arterials or fifteen (15) feet for major

collectors. Such vehicular use areas shall be deemed to adjoin the public rights-

of-way for the purposes of perimeter landscape requirements (see Article 14);

and any required landscape easements adjacent and parallel to streets shall be

considered part of the parking or loading and unloading area for the purposes of

calculation the setback. Vehicular use areas adjacent to one-way streets, or

those designated by the transportation element of the comprehensive plan as

future one-way streets, will not be required to provide the setbacks mentioned

above.

6.8 Number of Off-Street Parking Spaces or Off-Street Parking Area Required

In all zoning districts, the following off-street parking space minimum requirements shall apply

regardless of whether the use is principally or conditionally permitted.

Residential

6.8.1 Single Family Detached or Semi-Detached Dwellings: Two (2) spaces per dwelling

unit plus one (1) space for each two (2) rooms rented out (see 6.8.4).

6.8.2 Duplex: Two (2) spaces per dwelling unit plus one (1) space for each two (2) rooms

rented out (see 6.8.4).

Franklin-Simpson County Zoning Regulations

6.8.3 Multi-family Dwellings: Two (2) spaces per dwelling unit plus one (1) additional

space for every four (4) units in the development.

6.8.4 Boarding Houses, Lodging Houses or Apartment Hotels: One (1) space for each two

(2) bedrooms rented or intended to be rented out.

6.8.5 Manufactured Home on Individual Lot: Two (2) spaces for each unit.

6.8.6 Manufactured Home within Manufactured Home Park: One (1) space for each

manufactured home space plus one fourth (1/4) space for common or visitor parking per

manufactured home space.

6.8.7 Home Occupations: Four (4) spaces for offices of physicians or dentists; two (2)

spaces for all others.

6.8.8 Residential Care Facilities and Homes Emphasizing Special Services, Treatment, or

Supervision: Two (2) spaces for each five (5) beds except for uses exclusively serving

children under 16. One (1) space for every three beds for all others.

Commercial

6.8.9 Automotive Showroom or Dealer (new or used) and Motor Vehicle Repair when an

accessory use to the dealership or showroom: One (1) space per four hundred (400)

square feet of gross floor area in the showroom and office area plus two (2) spaces per

service bay and one (1) space per one thousand give hundred (1,500) square feet of

outdoor motor vehicle display area.

6.8.10 Automotive Parts Sales: One (1) per two hundred (200) square feet of gross floor

area.

6.8.11 Motor Vehicle Repair and Maintenance, not including substantial body work: One

(1) per two hundred (200) square feet of gross floor area.

6.8.12 Motor Vehicle Painting and Body Work: One (1) per two hundred (200) square feet

of gross floor area.

6.8.13 Salvage Yards: One (1) per two hundred (200) square feet of gross floor area.

6.8.14 Business and Professional Office uses not elsewhere listed: One (1) space for

each three hundred (300) square feet of gross floor area.

6.8.15 Offices for Personal Services such as Attorneys, Stockbrokers, Insurance,

Accounting, Engineering, Travel Agencies: One (1) per two hundred (200) square feet of

gross floor area.

6.8.16 Banks with Drive-In Windows: One (1) per two hundred (200) square feet of gross

floor area.

6.8.17 Barber or Beauty Shop: Two (2) spaces per barber or beauty chair.

6.8.18 Bed & Breakfast: One (1) space for each bedroom.

6.8.19 Commercial or Business Service: Four (4) spaces for the first one thousand (1,000)

square feet of gross floor space used or usable in the sale of merchandise, and one

additional space for each additional two hundred fifty (250) square feet of such floor space.

6.8.20 Commercial Greenhouses: One (1) per two hundred (200) square feet of gross

floor area.

Franklin-Simpson County Zoning Regulations

6.8.21 Dry Cleaner, Laundromat: One (1) per two hundred (200) square feet of gross

floor area.

6.8.22 Funeral Home: One (1) per one hundred (100) square feet of gross floor area.

6.8.23 Furniture Stores: One (1) space for each five hundred (500) square feet of gross

floor area.

6.8.24 Hotels and Motels: One (1) space per suite or rooms offered for rent plus one (1)

space for each three (3) employees. If a restaurant or meeting rooms comprises part of

the use, the restaurant and meeting room parking standards shall be required in addition

to the above requirements.

6.8.25 Restaurant, Café, or Establishment serving food, beverages or refreshments: One

(1) space for each one hundred (100) square feet of gross floor area. Employee parking

shall be provided at the ratio of one space of each three (3) employees.

6.8.26 Retail Stores, Supermarkets, Department Stores, and other Personal Service

Establishments not elsewhere listed: Five and one half (5 ½) spaces per one thousand

(1,000) square feet of gross floor area.

6.8.27 Convenience Stores: one (1) space for each one hundred fifty (150) square feet of

gross floor area. Employee parking shall be provided at the ratio of one space of each

three (3) employees.

6.8.28 Veterinarian and related animal services: One (1) per two hundred (200) square

feet of gross floor area.

Recreational or Entertainment

6.8.29 Auditorium, Stadium, or other place of Public Assembly: One (1) space for each

five (5) seats available at maximum capacity.

6.8.30 Automobile and Motorcycle Racing Tracks: One (1) space for each three (3) seats

available at maximum capacity.

6.8.31 Boat Ramp: One (1) space per two hundred (200) square feet of ramp area plus

six (6) spaces large enough to accommodate a motor vehicle with trailer, minimum

dimensions of 9.5 feet by 35 feet.

6.8.32 Boat Dock: One (1) space for each boat slip plus one (1) space per each three (3)

employees per maximum shift plus six (6) spaces large enough to accommodate a motor

vehicle with trailer, minim dimensions of 9.5 feet by 35 feet.

6.8.33 Bowling Lanes, Tennis and Racquetball Courts, and similar facilities: Five (5)

spaces for each lane, court or other recreational facility plus one (1) space per each two

hundred (200) square feet of gross floor area used in a manner not susceptible to such

calculation.

6.8.34 Community Centers: One (1) space for every six hundred (600) square feet of

gross floor area.

6.8.35 Miniature Golf Courses, Skateboard Parks, Water Slides and similar uses: One (1)

space per three hundred (300) square feet of activity area plus one (1) space per two

hundred (200) square feet of gross floor area of building.

6.8.36 Driving ranges not accessory to Golf Courses: One (1) space per tee plus one (1)

space per two hundred (200) square feet gross floor area of building.

Franklin-Simpson County Zoning Regulations

6.8.37 Par 3 Golf Courses: Two (2) spaces per golf hole plus one (1) space per two

hundred (200) square feet of floor area of building.

6.8.38 Publicly Owned and Operated Outdoor Recreational Facilities such as Athletic

Fields, Golf Courses, Tennis Courts, Swimming Pools, Parks when not provided in

conjunction with a school: One (1) space per two hundred (200) square feet of area within

enclosed buildings, plus (1) space for every three (3) persons that the outdoor facilities are

designed to accommodate when used to the maximum capacity.

6.8.39 Privately Owned Outdoor Recreational Facilities such as Golf and Country Clubs,

Swimming Exercise and Tennis Clubs: One (1) space per two hundred (200) square feet

of area within enclosed buildings, plus one (1) space for every three (3) persons that the

outdoor facilities are designed to accommodate when used to the maximum capacity.

6.8.40 Private Clubs, Lodge, or Union Halls: One (1) space per three (3) members or one

(1) per one hundred (100) square feet of gross floor area in meeting rooms whichever is

greater.

6.8.41 Theater, Indoor: One (1) space for each three (3) seats.

Industrial

6.8.42 Manufacturing or Industrial Plant: one (1) space for each four (4) employees at

maximum employment on a single shift plus one parking space for each truck operated by

the business. The Planning Commission may require additional space if it deems

necessary.

6.8.43 Wholesale, Storage and Warehousing: two (2) spaces per one thousand (1,000)

square feet of gross floor area.

Institutional

6.8.44 Airports: one (1) space per two hundred (200) square feet of gross floor area.

6.8.45 Cemeteries: one (1) space per two hundred (200) square feet of gross floor area of

office and maintenance building.

6.8.46 Crematorium: one (1) space per two hundred (200) square feet of gross floor area.

6.8.47 Child Care Facility, Day Care Center and Nursery: one (1) space per each

employee and one (1) space per two hundred (200) square feet of gross floor area.

6.8.48 Church: one (1) space for each three (3) seats available at maximum capacity.

6.4.49 Hospitals, Clinics, other Medical Facilities including Mental Health Treatment

facilities in excess of 10,000 square feet of gross floor area: one (1) space for each two

(2) authorized patient beds plus one (1) space for each five (500) square feet of gross floor

area used for administrative, surgical and diagnostic purposes.

6.8.50 Library, Museum, Art Galleries, and similar uses: one (1) space per three hundred

(300) square feet of gross floor area plus five (5) spaces for each craft room, meeting

room, or special facility room.

6.8.51 Medical and Dental Offices and Health Clinics with not more than 10,000 square

feet of gross floor area: one (1) space for each two hundred (200) square feet of gross

floor area.

Franklin-Simpson County Zoning Regulations

6.8.52 Nursing and Intermediate Care Facilities: one (1) space per two hundred (200)

square feet of gross floor area.

6.8.53 Penal and Correctional Facilities: one (1) space per every two (2) employees on

maximum shift.

6.8.54 Personal Care Facility: one (1) space per two hundred (200) square feet of gross

floor area.

6.8.55 Post Office: one (1) space per two hundred (200) square feet of gross floor area.

6.8.56 Residential Care Facility: one (1) space per two hundred (200) square feet of gross

floor area.

Schools

6.8.57 Colleges, Community Colleges, and Universities: one (1) space per one hundred

fifty (150) square feet of gross floor area. If auditorium, stadium or other place of public

assembly comprise part of the use, the parking standards for auditorium, stadium or other

place of public assembly shall be required in addition to the above requirements.

6.8.58 Day Care Center for Children or Adults: one (1) space for each four hundred and

twenty (420) square feet of gross floor area exclusive of kitchen and bathroom.

6.8.59 Elementary and Middle School: two (2) spaces for each classroom plus one (1)

space per two hundred (200) square feet of gross floor area in the administrative areas.

6.8.60 Secondary and Post-Secondary Schools: four (4) spaces per classroom. If

auditorium, stadium, or other place of public assembly comprise part of the use, the

parking standards for auditorium, stadium or other place of public assembly shall be

required in addition to the above requirements.

6.8.61 Trade, Vocational or Technical Schools: one (1) space per one hundred

(100) square feet of gross floor area.

Other uses or combinations of uses

6.8.62 Combination of Uses: combined uses shall provide parking equal to the

total requirements for the individual uses.

6.8.63 Uses Not Elsewhere Specified: one (1) space for each three hundred

(300) square feet of gross floor area.

6.9 Variances from Motor Vehicle Standards

6.9.1 For any dwelling unit or manufactured home requiring two (2) off-street parking

spaces, one space may be in front of the other only if said dwelling unit does not share a

common parking area with other units.

6.9.2 If a garage, carport, or other enclosed structure is provided for the exclusive use of

the residents of a dwelling unit or manufactured home, that enclosure shall count as one

(1) of the required parking spaces.

6.9.3 Deviations from the minimum requirements for planned residential development

projects or planned multi-family developments shall be presented to the Planning

Commission for approval.

Franklin-Simpson County Zoning Regulations

Article 7 - General Zoning and District Regulations

7.1 Purpose

The purpose of this Article is to establish and describe the following items: general regulations

applicable to all zoning districts; exceptions and adjustment to site requirements as prescribed for

principal buildings in Article 8; regulations for accessory building, and features in required yards.

Land zoned light industrial or heavy industrial and under the guidance of the industrial authority

should be submitted to the planning and zoning board for approval to be included in the industrial

board overlay district. It should be noted that the review and approval of the development plans

within these overlay districts are the jurisdiction of the industrial authority and subject to city

ordinance regulations regarding utilities, streets, curbs, gutters, sidewalks and storm water runoff.

Development plan review and approval for industrial parcels not contained within the industrial

board overlay district are subject to planning and zoning review.

7.2 Application of Zone and District Regulations

The requirements set by the Zoning Regulations within each zoning district shall be minimum or

maximum limitations, as appropriate to the case, and shall apply uniformly to each class or kind

of building or land, except as exempted by these regulations.

7.3 Required Street Frontage

No building shall be erected or placed on a lot which does not abut on at least one public street

for at least forty (40) feet. Legal nonconforming Lots of record prior to the inception of these

regulations that are less than 40 feet are exempt from this rule and are considered acquired in.

7.4 Height Standards

No building shall exceed ten (10) stories or one hundred fifty (150) feet in height, unless each

side yard is increased over the required minimum by five (5) feet for every five (5) feet, or fraction

thereof, of additional height over one hundred fifty (150) feet. In no case shall the height exceed

one hundred fifty (150) feet. This section shall not apply to the central business district or heavy

industrial districts. See section 7.20.10 for exceptions to height limitations.

7.5 Reductions in Lot Area Prohibited

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in area

so that yards, lot area per dwelling unit, lot width, building area, or other requirements of these

regulations are not maintained.

7.6 Regulation of Principal Buildings

7.6.1 No More Than One Principal Structure Per Lot - There shall be no more than

one principal structure and its accessory structure on any lot unless otherwise

specifically permitted in these regulations. Multiple building development is permitted if

approved as part of a development plan which has been approved by the Planning

Commission as provided by Article 13.

7.6.2 Site Requirements - No structure shall hereafter be erected or altered.

a. To exceed the height or bulk limitations;

Franklin-Simpson County Zoning Regulations

b. To accommodate or house a greater number of dwelling units;

c. To occupy a greater percentage of lot area;

d. To narrower or smaller rear yards, front yards, side yards, or other open

spaces;

e. To have less perimeter and interior lot landscaping for vehicle use area

and incompatible land uses than required by the provisions of these

zoning regulations.

7.6.3 Site Requirements Must Be Met For Each Building Or Land Use – No part of a yard,

open space, off-street parking, loading space or other special use area required above or

in connection with any building, structure, or land required for any building or structure,

may be included as fulfilling the requirements for an adjacent building unless otherwise

specifically permitted in these Zoning Regulations.

7.6.4 Accessory Apartment - accessory apartment units may be permitted in the

residential R-1, R-2, R-3 and R-4 zoning districts according to section 9.4.

7.6.5 Accessory Buildings - In residential zoning districts there shall be no accessory

buildings erected on empty lots which do not have a principal building, except as noted in

section 7.13.1 c.

7.7 Drainage and Floodplain Limitations

7.7.1 Sinkhole

a. Sinkhole and other similar depressions and the area within twenty-five (25) feet

from the lowest point of said sinkhole or the floodplain associated with the

sinkhole, whichever is greater, shall be preserved in its natural state for the

purpose of providing drainage of the surrounding area. No building, street or any

other improvement shall be made within this area. In determining the floodplain

around a sinkhole, the applicant is responsible for providing the Planning

Commission certified information, prepared by a Kentucky registered

professional engineer, showing the floodplain area surrounding the sinkhole.

The sinkhole may be “punched” or otherwise altered to improve drainage with

the approval of the Planning Commission.

b. The Planning Commission shall apply the conservancy zoning district, in

accordance with standards of section 8.17 to any area of a lot which it

determines to be in the sinkhole floodplain.

7.7.2 Floodplains No building shall be built in areas within the floodway or other area subject

to flooding or in areas that are either natural or man-made drainage ways in determining the

floodplain around any area other than a sinkhole, the Planning Commission may upon

information contained in the flood hazard boundary maps. The applicant, will be responsible

for providing the Planning Commission certified information, prepared by a Kentucky

registered professional engineer, showing the floodplain or drainage ways for the lot.

7.8 General Regulations for Lots and Yards

7.8.1 Multiple Building Development Compliance

A multiple building development or redevelopment, when permitted in a zoning

district, must be approved by the Planning Commission as a development plan.

(See Article 13). When a multiple building development is proposed, the developer

Franklin-Simpson County Zoning Regulations

must establish lot lines for each principle building and lot. The developer must

establish set back lines and meet all other requirements of these Zoning

Regulations and the subdivision regulations of Simpson County. The Planning

Commission at the time of approval of the preliminary development plan may waiver

the requirement for establishing lot lines.

7.8.2 Visual Clearance at Intersections, Curb Cuts and Railroad Crossings

Notwithstanding any other provisions of these Zoning Regulations, in any zoning

district, at any street intersection, any driveway intersection or railroad crossing,

structures erected or installed shall conform to the limitations of the applicable

visual clearance requirements as shown in the following illustration and table,

unless specifically accepted below. The requirement established in this section shall

not apply to the central business district.

(Nothing permitted in visibility triangle 3.5 to 12 feet above street grade other

than vertical objects 12 inches or less in diameter.)

Franklin-Simpson County Zoning Regulations

7.8.3 One-way Street Exception

Sight triangles shall not apply on one-way streets at corners where traffic does not

approach the intersection.

7.8.4 Building Line Setback

A building line to provide a front yard for all buildings and buildings shall be established at

a minimum distance of twenty-five (25) feet from the street rights-of-way line. Except in

cases of corner lots, variances may be granted where existing development on adjoining

lots does not meet this requirement, but in no case shall this distance be less than fifteen

(15) feet. The requirement established in this section shall not apply to a central business

district.

7.8.5 Setback Requirements for Corner Lots

In residential zoning districts, if the building setback is greater than twenty-five (25) feet

from the street right-of-way, a corner building either along its front or side, shall not be

closer than the distance established for the building setback line in that district.

7.8.6 Regulations for Double-Front or Through Lots

Double-front or through lots shall, on both adjacent streets, meet the front yard

requirements of the zoning district in which they are located.

7.9 Conversion of Buildings

The conversion of any building, whether residential or nonresidential, so as to

accommodate an increased number of dwelling units or to accommodate another

permitted use, shall be permitted only within a zoning district in which a new building for

similar occupancy would be permitted under these Zoning Regulations. The resulting

occupancy shall comply with the requirements governing new construction in such zoning

district with respect to building codes, parking supply, and landscape buffers. If the

conversion involves no expansion of principal building volume or no conversion of an

accessory building into a principal building, the resulting occupancy shall be exempt from

the following requirements: minimum lot size, maximum floor area, lot coverage,

dimensions of yard, and minimum open space. Any conversion that involves changes

other than those stated above shall be subject to all site requirements stated above, and

such further requirements as may be specified hereinafter applying to such zoning district.

7.10 No New Non-Conforming Yards or Lots

No yard or lot existing at the time of adoption of these Zoning Regulations shall be

reduced in dimension or area below the minimum requirements set forth herein. Yards or

lots created after the adoption of these Zoning Regulations shall meet at least the

minimum requirements established by these Zoning Regulations.

7.11 Water Supply and Sewage Disposal Requirements

It shall be unlawful to construct any building unless the associated water supply and

sewage disposal facilities meet the requirements of the barren river district

health department. Wherever public water and sewer mains are reasonably accessible,

buildings shall be connected to such mains. The Barren River District Health Department’s

Franklin-Simpson County Zoning Regulations

certificate approving proposed or completed water and sewage facilities must accompany

application for building permits and certificates of occupancy.

7.12 Adjustment to Principal Building Yard Requirements Prescribed In Article 8

Yard requirements for principal buildings shall conform to the dimensions prescribed in

Article 8 of these regulations unless adjusted by the provisions of the following

subsections.

7.12.1 Adjustments to Yards Adjoining Streets

a. A yard adjoining interstate and other controlled access highways where

access is not permitted from the site - For any yard that adjoins interstate and

other controlled access highways where access is not permitted from the site,

the minimum setback requirement for principal buildings shall be twenty (20) feet

from the rights-of-way line of said highway.

b. Yard adjoins alley - For any yard that adjoins an alley, setback requirements

shall apply as if the alley did not exist and the property lines on either side of the

alley were a common line between two adjoining properties.

c. Yard adjoins street other than interstate and other controlled access

highways where access in not permitted from the site or alley - For any side

or rear yard that adjoins a street other than a controlled access highways where

access is not permitted from the site or alley, the minimum setback requirements

or principal buildings shall equal the front yard setback requirement for a street

of such classification and zoning district. In single-family residential zoning

district side yards along local streets may be reduced to fifteen (15) feet where

lots are back-to-back.

7.12.2 Adjustments to Yards Adjoining More Restrictive Zoning Districts

a. Side yard adjoins more restrictive zoning district - When the side yard of the

subject lot in any zoning district adjoins the side or rear yard of a lot in a zoning

district imposing a larger side yard requirement, the side yard for the subject lot

shall equal the more restrictive side yard requirement for the adjoining zoning

district.

b. Rear yard adjoining more restrictive zoning district - When the rear yard of

the subject lot in any zoning district adjoins the rear yard of a lot in a zoning

district which imposes a larger rear yard, the rear yard requirement for the

subject lot shall equal the more restrictive rear yard requirement of the adjoining

zoning district.

7.12.3 Adjustments to Yards Designated On Plats of Record

a. Public utility - Principal buildings shall not be erected in public utility easements.

b. Building setback lines - When the building setback lines designated on a play of

record conflict with the requirements of these Zoning Regulations, principal

buildings shall conform to the more restrictive setback requirements.

7.12.4 Adjustments to Yards for Existing Alignment of Buildings Along a

Street

Franklin-Simpson County Zoning Regulations

For a single lot on a street with existing development and where there are existing

buildings on one or more sides of the proposed building site, the required setback for a

new, separate principal building may be reduced to:

a. The average of the actual setbacks of the existing principal buildings that are

located nearest both sides of the proposed building site, and in the same block

front; or

b. Any intersecting street other than an alley shall constitute the end of the block

front

7.12.5 Adjustments to Yards for Additions to Legal Nonconforming Buildings.

When an existing principal building which has a nonconforming yard, additions may be

made to the building, subject to the limitation that such addition shall be located no closer

to the lot line than that part of the original principal building foundation that is closest to the

lot line and such addition may be located at least ten (10) feet from the edge of any street

rights-of-way, including alleys, and at least three (3) feet from any lot line adjoining

property in a residential zoning district. The addition shall not violate the building setback

line designated on a record plat or the site visibility requirements for corner lots set out in

section 7.8.2.

7.13 General Provisions for Accessory Building and Features

The provisions of this section shall regulate the location, height, and size of all

buildings, buildings features that are accessory to a principle building or land use.

7.13.1 Use Limitation - Unless provision is specifically made elsewhere in these zoning

regulations, the following use limitations shall apply.

a. In any zoning district, no accessory building shall be used in whole or in part for

human occupancy.

b. In any zoning district, temporary buildings or accessory buildings may be

allowed for the storage of equipment during construction.

c. All unattached accessory buildings shall be a minimum five (5) feet from all

property lines, except as provided in section 7.13.3.

d. All unattached accessory buildings 200sf. or larger in any zoning district built or

assembled on or transported to property to be located are subject to Kentucky

building code standards for installation. Also, must have a building permit

applied for and inspected after installation.

e. All unattached accessory buildings 200 square feet or smaller are subject to

local regulation in any zoning district built or assembled on

or transported to must be anchored to the property located by means of footer/

foundation, concrete slab foundation, or portable building anchor kit. Also, must

have a building permit applied for and inspected after installation.

7.13.2 Height of Accessory Building - An accessory building shall not exceed

limitations for principle buildings for the zoning districts in which they are

located.

7.13.3 Use of yards for accessory building - no accessory building is permitted in

front yards. They are permitted only in rear or side yards according to the

dimension and area regulations established in these zoning regulations.

Franklin-Simpson County Zoning Regulations

7.13.4 Lot Coverage - The accessory building together with its principal building,

Shall not exceed maximum lot coverage for the zoning districts in which

they are located.

7.13.5 Encroachments - An accessory building shall not encroach upon or be

located within public right-of-way, public utility easements, or adjoining

lots, unless specifically permitted elsewhere in this article.

7.14 Outdoor Floors and Stairs

For the purpose of these provisions, an outdoor floor shall be any pedestrian, ground

pavement or floor building that is not enclosed within principal or accessory building

outdoor stairs shall be any paved or structural steps that are not enclosed within principal

or accessory building.

7.14.1 Up to three (3) feet above grade – where the floor level of outdoor floors or the step

level of outdoor stairs is no more than three (3) feet above the adjoining finished grade,

such features may be located in any required yard.

7.14.2 More than three (3) feet above grade, at or below first floor level – where the floor

level of outdoor floors or the step level of outdoor stairs is more than three (3) feet above

the adjoining finished grade, and is at or below the first floor level of the principal building,

such features shall be located no closer than ten (10) feet to the edge of any street right-

of-way or closer than three (3) to any other lot line.

7.14.3 More than three (3) feet above grade, above first floor level – where the floor level

of outdoor floors or the step level of outdoor stairs is more than three (3) feet above the

adjoining grade, and is above the first floor level of the principal building, such feature shall

conform to the setback requirements for principal buildings when attached to principal

buildings, and shall conform to the setback requirements for enclosed accessory building

in all other cases.

7.15 Swimming Pools and Tennis Courts

Swimming pools and tennis courts shall conform to the setback requirements applicable to

enclose an accessory building. Walls and fences around such features shall conform to the

requirements in these Zoning Regulations.

7.16 Walls and Fences

Walls and fences may be located in required yards subject to the following limitations.

7.16.1 Height in Industrial Zoning Districts - In industrial zoning districts, a wall or fence in

any yard may be of any height, subject to sight triangle visibility requirements.

7.16.2 Height Outside Of Industrial Zoning Districts - Outside of industrial zoning districts,

a wall or fence of not more than six (6) feet in height may be erected or maintained within

any yard adjoining an arterial, collector or local street, subject to sight triangle visibility

requirements. A wall or fence of not more than eight (8) feet in height may be erected in

any other yard. Where walls and fences are located in conformance with setback

requirements for principal buildings, they shall conform to the height limitations for principal

buildings for the zoning district in which they are located.

Franklin-Simpson County Zoning Regulations

7.16.3 Barbed Wire - Barbed wire on walls and fences shall be prohibited in residential

zoning district but shall be permitted in all other zoning districts. Barbed wire may be

installed upon walls or fences that are accessory to legally nonconforming commercial or

industrial uses in any zoning district. Barbed wire along any boundary adjoining residential

zoning district shall be at least six (6) feet above ground level, except when the adjoining

an agricultural zoning district. Barbed wire fencing used in conjunction with an agricultural

use shall be exempt from this section.

7.16.4 Required Landscape Buffers - Article 14 may impose additional requirements or

limitations on walls and fences erected to satisfy perimeter landscaping requirements.

7.16.5 Public Utility Easements - Walls and fences may be erected within public utility

easements subject to the discretion and limitations of the agencies that maintain facilities

in such easements. Walls and fences shall not preclude the natural flow of surface storm

water through yards, even if no formal easements exist for storm water runoff.

7.17 Signs

Signs shall comply with the provisions of Article 5.

7.18 Vehicular Use Areas

Parking areas and other vehicular use areas and their accessory features shall comply

with the provisions of Article 6.

7.19 Vehicular Access to Lots

7.19.1 Basic Standard

Total access to any lot shall not exceed forty percent (40%) of the lot width and at

no point shall exceed twenty-six (26) feet in width. No point of access shall be

allowed within twenty five (25) feet of an intersection of the rights-of-way lines of

intersection streets. This basic standard may not apply in the following cases.

a. Alleys - Access points to any lot which adjoins an alley may be established as

necessary.

b. Planned Developments - access requirements that differ from the basic standard

may apply to planned developments, approved under Article 13.

c. Subdivision Plats - access requirements that differ from the basic standard may

be approved to subdivision plats, provided that they otherwise comply with the

Simpson County subdivision regulations and public improvement specifications

of the City of Franklin or Simpson County.

d. Access management plan for designated streets - access requirements that

differ from the basic standard may apply to building developments located on an

arterial or collector streets where the Planning Commission has adopted an

access management plan.

7.20 Exception

7.20.1 Use Exceptions

Several types of buildings and uses are exempt from Zoning Regulations and are

permitted in all districts, notwithstanding any other provision of these zoning

regulations, even though they are not listed as permitted uses under the zoning

district regulations. These buildings and uses are listed as follows:

Franklin-Simpson County Zoning Regulations

7.20.2 Agricultural Land Use Exemptions

Land which is used solely for agricultural use as defined in these Zoning

Regulations shall have no regulations imposed as to building permits, certificates

of occupancy, height, yard, or location requirements for agricultural buildings,

except as follows:

a.a. Building setback lines shall be adhered to and shall meet the standard for the

zoning district in which the subject property is located for the protection of

existing and proposed streets and highways.

a.b. All buildings in a designated floodway of floodplain or which tend to increase

flood heights or obstruct the flow of flood waters are fully regulated.

7.20.3 Public Utility Service Facilities when excepted: Acquisition, Disposal and

Changes, Referral to Commissions, effect of KRS 100.324

a. Public utilities operating under the jurisdiction of the public service Commission

or the Kentucky department of vehicle registration, or federal power

Commission, and common carriers by rail shall not be required to receive the

approval of the Planning Commission for the location or relocation of any of their

service facilities. Service facilities include all facilities of such utilities and

common carriers by rail other than office space, garage space, and warehouse

space when such space is incidental to a service facility. The public service

Commission

and the Kentucky bureau of vehicle regulation shall give notice to the Planning

Commission of any hearing which affects locations or relocations of service

facilities within the planning area of Simpson County.

b. Those non-service facilities of public utilities which are otherwise excluded under

this section must be in accordance with these Zoning Regulations.

c. Service facility information requested by Planning Commission. Upon request of

the Planning Commission, the public utilities referred to in this section shall

provide the Planning Commission with information concerning service facilities

which have been located on or relocated on private property.

d. Agreement of Public Facility Proposals With Comprehensive Plan

a.i. Any proposal for acquisition of land for public facilities or for

disposition of lands used for public facilities, or changes in the

character, location, or extent of buildings or land for public

facilities, excluding state and federal highways and public utilities

and common carriers by rail mentioned in this section, shall be

referred to the Planning Commission to be reviewed in the light of

its agreement with the comprehensive plan for Simpson County.

a.ii. The Planning Commission shall within sixty (60) days from the

date of its receipt, review the project and advise the referring body

whether the project is in accordance with the comprehensive plan.

If the Planning Commission finds the project to comply with the

comprehensive plan for Simpson County, it shall state the reasons

for this finding in writing and make suggestions for change which

Franklin-Simpson County Zoning Regulations

will, in the opinion of the Planning Commission, better accomplish

the objectives of the comprehensive plan.

a.iii. A majority of the entire membership of either the Franklin City

council or Simpson County Fiscal Court depending upon which

jurisdiction the public facility project is located may override the

findings of the Planning Commission.

a.iv. No permit required for construction or occupancy of such public

facility shall be issued until the expiration of the sixty (60) day

period or until the Planning Commission issues its report,

whichever occurs first.

7.20.4 Public streets and all official appurtenances necessary for traffic direction and safety. All

streets and traffic control signs shall conform to the code established and adopted by the

Kentucky Department of Highways or the city or county code of ordinances, whichever

controls.

7.20.5 Private drive, private parking areas, and the parking of vehicles incidental to the principle

use on the same premises. In commercial, industrial, and professional zoning districts,

plans for such uses must be submitted to the Planning Commission in accordance with

Article 13.

7.20.6 Unlighted real estate signs located on the premises or subdivision signs advertising

property for sale or rent with less than an area of twelve (12) square feet. Such signs

shall be at least six (6) feet from the right-of-way line.

7.20.7 Unlighted signs not over two (2) square feet in area identifying permitted home occupation

or the renting of sleeping rooms on the same premises in residential zoning districts. Such

signs shall be at least six (6) feet from the right-of-way line.

7.20.8 Signs, unlighted, and not over two (2) square feet in area identifying the primary

professional practice shall not require a building permit.

7.20.9 Horticulture, landscaping and fencing of any premises, provided they comply with

section 7.8.2.

7.20.10Exception to Height Limitations

Height regulations apply to buildings occupied regularly by persons or their activities.

Height limitations do not apply to the following buildings which are not occupied regularly

by persons except for maintenance, unless otherwise stipulated in these Zoning

Regulations:

a. Church spires; belfries; cupolas and domes not intended for human

occupancy; monuments, water towers, observation towers, transmission

towers, windmills not intended for human occupancy, chimneys, smoke

stacks, derricks, conveyors, flag poles, light poles, masts and aerials.

Franklin-Simpson County Zoning Regulations

b. The Planning Commission shall interpret whether or not height

regulations apply upon application by the administrative officer in doubtful

cases. The Kentucky Department of Aviation and the Federal Aviation

Agency height regulations in the vicinity of an airport shall take

precedence over all other height regulations.

Franklin-Simpson County Zoning Regulations

Article 8 - Schedule of Zoning District Regulations

8.1 Establishment of Zoning Districts

For the purpose of these Zoning Regulations, the City of Franklin and Simpson County is hereby

divided into zoning districts which shall be designated as follows:

Agricultural

AG Agricultural District

RV Rural Village District (Use discontinued with no new additions or expansions).

Existing RV district is a legal non-conforming use.

Residential

R-1 - Single Family District

R-1S - Single Family Small Lot

R-2 - Single Family and Duplex (Two Family) District

R-3 - Single Family & Limited Multi-Family, (up to four dwelling units per lot) District

R-4 - High Density/Multi-Family District

R-5 - Manufactured Home District

Commercial

B-1 - Central Business District

B-2 - General Business District

B-3 - Neighborhood Business District

B-4 - Highway Business District

B-5 - Interstate Interchange District

Office and Related Uses

O-P - Office and Professional District

Industrial

I-1 - Light Industrial District

I-2 - Heavy Industrial District

An Industrial Park Overlay District shall include any of the above Industrial Districts that

are a part of the Industrial Authority land and under the direct supervision of the Industrial

Authority.

Special

CO - Conservancy District

8.2 Agricultural District – AG

8.2.1 Purpose

The purpose of the agricultural district is to preserve prime agricultural land and protect them

from incompatible urban land uses. Lands situated outside the urban area and which are

used for agricultural purposes, have been designated as agriculture. From a historical

standpoint the agricultural activities conducted in Simpson County are long standing and are

lands of statewide importance that should be preserved to the maximum extent practical.

It is acknowledged that some of the lands currently in agricultural use and within the

agricultural district will become urban area in the future. Those agricultural

Franklin-Simpson County Zoning Regulations

tracts of land most vulnerable to urban development are those in close proximity to existing

residential, commercial and industrial uses. It is a purpose of the agricultural district to

prevent premature urban intrusion into those agriculture lands. Future urban development

on land currently in the agricultural district should occur on land contiguous to existing urban

developments and where full urban services are available and are extended to the new

development.

Another purpose of this district is to promote compatibility with existing development. The

current agricultural activities conducted in the agricultural district should not be detrimental to

urban land uses. Conversely, existing urban land uses should not preclude normal current

agricultural activities. It is not intended that the agricultural district provide a location for a

lower standard of residential land uses than is authorized in other districts. The type of uses,

area and intensity of use of land which are authorized in this district are designed to

encourage and protect agricultural uses until urbanization is warranted and the appropriate

change in district classification is made.

8.2.2 Permitted Uses

a. Agricultural crops and the raising of farm animals and feeding lots. Pens

or buildings for farm animals shall not be located closer than five hundred

(500) feet to any residential, commercial or industrial zoning district.

b. Commercial greenhouses and plant nurseries including offices and sale

yards, provided that no building for any heating plant, ventilation flue or

other opening except stationary windows be located within fifty (50) feet

of any residential district.

c. Animal kennel, either commercial or non-commercial, provided that any

building or area used for such purposes, including pens, or exercise runs,

shall be at least one hundred (100) feet distant from any residential

district.

d. Single-family detached dwelling, site built or modular, occupied by the

owner or full-time operator of the farm and such additional single-family

detached dwellings as are necessary for occupancy by full-time

employees of the farm operation.

e. Sale on the premises of agricultural products produced on the premises,

provided that where such products are sold from a roadside stand, it shall

be a temporary building only, and shall be removed during the winter

months, and when in use, shall be set back from any road right-of-way at

least thirty (30) feet to permit parking and ingress and egress and shall

not be constructed in such location as to create an undue traffic hazard,

subject to the regulations and recommendations of the designated

engineer.

f. Forestry services.

g. Manufactured homes as follows

i. One manufactured home on a tract of land 10-100 acres in size.

ii. Two manufactured homes on a tract of land 101-200 acres in size.

iii. Three manufactured homes on a tract of land 201-300 acres in

size.

iv. If a need exists for additional manufactured Homes above stated

number, the applicant may come before the Planning Commission

and make a request.

h. Churches

Franklin-Simpson County Zoning Regulations

i. An accessory building and use which are not part of the principal building,

including barns, sheds and other farm buildings, private garages shall be

permitted as customarily incidental to the principal and conditional uses

8.2.3 Conditional Uses

Subject to the approval of the Board of Adjustment, the following uses may be approved

within an agricultural district:

a. One duplex per lot; airports and landing strips, solar farms as in Section 9.8,

cemeteries, hospitals, public or private schools or colleges, home occupations when

in compliance with section 9.3, oil or gas wells, country club or golf course, public

parks, playgrounds and community centers, private marine, boat dock, boat ramp,

driving range or private outdoor recreational activity, manufactured home parks

complying with section 8.8.13. (added 1/7/2020)

b. Other uses which are similar in nature to the uses listed in 8.2.3.A and which would

not be detrimental to or alter the basic agricultural character of the neighborhood in

which the use is located.

8.2.4 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.2.5 Exempt Use and Buildings

Agricultural use buildings on parcels larger than 10 acres shall be exempt from these

regulations so long as they are used exclusively for agricultural purposes, and:

a. The agricultural use buildings meet the building setback lines from all publicly

maintained street or highway;

b. The agricultural use building is located outside of a designated floodway or

floodplain.

8.2.6 AG District Table of Zoning Dimension

a. Minimum building lot size for non-agricultural use with public sewer –22,000

square feet or one-half (½) acre

b. Minimum building lot size for non-agricultural use with septic system –43560

square feet or one (1) acre.

c. Minimum lot width for cultivated, arable, and graze able land for agricultural use

- at building line and front property line – 40 feet

d. Minimum lot width for land developed for residential use at building line and front

property line – 100 feet

e. Front yard setback - 50 feet

f. Side yard setback -15 feet

g. Rear yard setback - 25 feet

h. Accessory structure setback

a.i. Side and rear -15 feet;

a.ii. Front setback - 50 feet; and,

a.iii. Rear yard setback – 25 feet

i. Lot Coverage Percentage - structures and impervious areas - (no limitation)

j. Building height - 45ft.

Franklin-Simpson County Zoning Regulations

8.3 Rural Village District – RV

8.3.1 Purpose

The existing Rural Village Districts are to remain as historical zoning only.B3 designation

shall be used for future small market centers and the lot size requirement shall reflect the

minimum size allowed outside of public areas served by public sewer and be subject to the

requirements of private sewage disposal systems. There shall be no new designation of

additional rural village districts. As of the date of adoption of these regulations, the

existing rural village areas and lot sizes are legal uses and shall continue to be a legal use.

8.3.2 Geographic Location

KY Hwy. 585 and 622, KY Hwy. 73 and Hatcher Road

KY Hwy. 1885 and 591, KY Hwy. 100, 665 and 103

KY Hwy. 73 and 621, KY Hwy. 621 and US 31W

KY Hwy. 73 and Vaughn Road

8.3.3 Permitted Uses

a. Those permitted in the AG Zone district

b. Those permitted in the R1 Zone district

c. Agricultural and horticultural services

d. Churches and cemeteries

e. Those permitted uses in neighborhood B-1 zoning district

f. Post offices

g. An accessory building and accessory use which is not part of the principle

building. Including barns, sheds, and other farm buildings.

8.3.4 Conditional Uses

Subject to the approval of the Board of Adjustment, the following uses may be approved

within an agricultural district:

a. public or private sewerage disposal plants;

b. public or private schools or colleges for academic instruction;

c. golf course;

d. public parks, playgrounds, and community centers;

e. public utility and railroad buildings;

f. home occupations in compliance with Section 9.3;

g. dock, private outdoor recreational activity such as fishing lakes, sportsman

lakes, private clubs;

h. manufactured home parks; and,

i. Veterinarian clinics.

8.3.5 Prohibited Uses

Any use not specifically listed in this section as permitted or conditional.

8.3.6 Exempt Uses

Agricultural uses and buildings on parcels larger than 10 acres shall be

exempt from these regulations so long as they are used exclusively for

agricultural purposes, are not in the flood plain, and meet the front yard

setbacks of these regulations.

Franklin-Simpson County Zoning Regulations

8.3.7 RV District Table of Zoning Dimensions

a. Minimum lot size (with public sewer) – 22,000 square feet or one-half (½) acre

b. Minimum lot size (septic system) – 43,560 square feet or one (1) acre.

c. Minimum lot width at building line and front property line - 85 feet

d. Front yard setback - 35 feet

e. Side yard setback - 15 feet

f. Rear yard setback - 25 feet

g. Accessory structure setback side and rear - 10 feet

h. Lot coverage percentage - structures and impervious areas - 30%

i. Building height - 30 feet

8.4 Single Family Residential District R-1

8.4.1 Purpose

The purpose of the single family residential (R-1) zoning district is to permit the

establishment of low density residential as the principle land use in the district. Related

recreational, religious and educational facilities normally required providing the basic

elements of a balanced, orderly, convenient and attractive residential area are also

permitted. The permitted residential density shall not exceed 3.5 dwelling units per net

acre developed.

8.4.2 Permitted Uses

The following uses is permitted in any R-1 zoning district, subject to all the applicable

development standards and requirements:

a. Single family detached dwellings

b. Site built or modular home

c. Residential care facilities as defined in KRS chapter 100.982 through 100.984

d. Garage or other building not used as a dwelling; private swimming pools and

other private recreational facilities.

8.4.3 Conditional Uses

The following uses are conditional uses in R-1 district, and require the written approval of

the Board of Adjustment:

a. Churches and other places of worship;

b. parish houses and parsonage;

c. libraries;

d. public and private schools or colleges offering general or specialized education

courses;

e. childcare center, day care center, and nursery services;

f. public parks and recreational facilities and community centers;

g. personal care and nursing homes;

h. hospitals for the care of humans;

i. bed and breakfast as regulated under Section 9.6;

j. home occupations in compliance with Section 9.3.;

k. boarding house, provided no more than three (3) sleeping rooms as the

maximum that shall be rented in any building

8.4.4 Prohibited Uses

Franklin-Simpson County Zoning Regulations

Any use not specifically listed in this section as Permitted or Conditional.

8.4.5 R-1 District Table of Zoning Dimensions

a. Minimum lot size (with public sewer) – 12,500 square feet

b. Minimum lot size (with septic system) – 43560 square feet or one (1) acre.

c. Minimum lot width at building line and front property line -100 feet

d. Front yard setback - 25 feet

e. Side yard setback - 15 feet

f. Rear yard setback - 25 feet

g. Accessory structure setback side and rear – 5 feet

h. Lot coverage percentage structures and impervious areas - 40%

i. Building height – 42 feet

8.4S Single Family Residential District R-1S

8.4.1S Purpose

The purpose of the single family residential(R-1S) zoning district to permit the

establishment of medium density residential as the principle land use in the district.

Related recreational, religious, and educational facilities normally required providing the

basic elements of a balanced, orderly, convenient, and attractive residential area also

permitted. The permitted residential density shall not exceed 5.5 dwelling units per acre

developed. This district is essentially the same as the R-1district but allows for a smaller

more economical lot size.

8.4.2S Permitted Uses

The following uses are permitted in any R-1S zoning district, subject to all the applicable

development standards and requirements:

a. Single family detached dwellings

b. Site built or modular home

c. Residential care facilities as defined in KRS Chapter 100.982 through 100.984

d. Garage or other building not used as a dwelling; private swimming pools and

other private recreational facilities.

8.4.3S Conditional Uses

The following uses are conditional uses in R-1 and R-1S district, and require the written

approval of the Board of Adjustment:

a. Churches and other places of worship;

b. parish houses and parsonage;

c. libraries;

d. public and private schools or colleges offering general or specialized education

courses;

e. child care center, day care center, and nursery services;

f. public parks and recreational facilities and community centers;

g. personal care and nursing homes;

h. hospitals for the care of humans;

i. bed and breakfast as regulated under Section 9.6;

j. home occupations in compliance with Section 9.3.;

k. boarding house, provided no more than three (3) sleeping rooms as the

maximum that shall be rented in any building

Franklin-Simpson County Zoning Regulations

8.4.4S Prohibited Uses

Any use not specifically listed in this section as Permitted or Conditional.

8.4.5S R-1S District Table of Zoning Dimension

(This district is only available within city limits)

a. Minimum lot size (with public sewer) – 7,500 square feet

b. Minimum lot size (with septic system) (NOT AVAILABLE)

c. Minimum lot width at building line and front property line - 75 feet

d. Front yard setback - 25 feet

f. Side yard setback - 10 feet

g. Rear yard setback - 25 feet

h. Accessory structure setback side and rear – five (5) feet

i. Lot coverage percentage structures and impervious areas - 40%

j. Building height - 38 feet

8.5 Single Family And Two Family Residential District R-2

8.5.1 Purpose

The purpose of the single family and two family residential (R-2) zoning district is to

provide for the establishment of a low density residential uses. The principal use of land in

this district is for single family and two family uses. Related recreational, religious, and

educational facilities normally required providing the basic elements of a balanced, orderly,

convenient and attractive residential area are also permitted. The permitted residential

developed density shall not exceed 6.0 dwelling units per acre developed.

8.5.2 Permitted Uses

The following uses are permitted in any R-2 zoning district, subject to all the applicable

development standards and requirements:

a. Single family detached or semi-detached and two family dwellings (duplexes),

b. Site built or modular home. Lots may be in condominium form of ownership.

c. Residential care facilities as defined in KRS chapter 100.982 through 100.984.

d. Garage or other building not used as a dwelling; private swimming pools and

other private recreational facilities;

8.5.3 Conditional Uses

The following uses are conditional uses in R-2 zoning district, and require the written

approval of the Board of Adjustment:

a. Churches and other places of worship;

b. parish houses and parsonage;

c. libraries;

d. public and private schools or colleges offering general or specialized education

courses;

e. child care center, day care center, and nursery services;

f. public parks and recreational facilities and community centers;

g. personal care and nursing homes;

h. hospitals for the care of humans;

i. bed and breakfast as regulated under Section 9.6;

Franklin-Simpson County Zoning Regulations

j. home occupations in compliance with Section 9.3.;

k. boarding house, provided no more than three (3) sleeping rooms as the

maximum that shall be rented in any building

8.5.4 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.5.5 R-2 District Table of Zoning Dimensions

a. Minimum lot size (with public sewer) – 7,500 square feet

b. Minimum lot size (with septic system)–43,560 square feet or one acre.

c. Minimum lot width at building line and front property line - 75 feet

d. Front yard setback - 25 feet

f. Side yard setback - 10 feet

g. Rear yard setback - 25 feet

h. Accessory structure setback side and rear – five (5) feet

i. Lot coverage percentage structures and impervious areas - 40%

j. Building height - 38 feet

8.5.6 R-2 Townhouse Dwelling Units

a.a. A duplex or multi-family building may be subdivided into separate lots provided

that the original lot meets all current zoning requirements in regard to square

footage, lot frontage, all setbacks for proposed building, etc. for the proposed

multi-family building.

a.b. The minimum lot frontage may be reduced to 18 feet per unit. The minimum

building width shall be 18 feet. The property lines of each separate unit are to

be located within the common walls of each unit.

a.c. The minimum lot size shall be 1800 square feet per unit.

a.d. The minimum side yard setback requirement is eliminated for all interior

separate units.

a.e. The minimum side yard setback is eliminated on the interior side of all outer

units.

a.f. The minimum side yard setback of the exterior wall of all outer unit shall be

eight (8) feet.

a.g. The front setback of each separate unit shall be 25 feet.

a.h. The rear setback of each separate unit shall be 20 feet.

a.i. There shall be a minimum of two (2) off street parking spaces provided for each

separate unit. The driveways for the parking spaces of each unit shall be

physically separated to adequately ensure the integrity of the separate

driveways.

a.j. No building shall exceed two (2) stories or 30 feet in height, unless each side

yard is increased over the required minimum by five (5) feet for every (5) feet,

or fraction thereof, of additional height over 30 feet, in no case shall the height

exceed (50) feet.

a.k. There shall be a minimum three (3) foot front to rear offset between all units.

a.l. Not less than 180 square feet of total lot area for any townhouse units shall be

devoted to private usable open space on each lot. Such open space shall be for

the private use of the residents of each individual townhouse and shall be

physically separated from other private open space or common space by

Franklin-Simpson County Zoning Regulations

planting, fences, or walls. The least dimension of the private open space shall

be ten (10) feet.

a.m. A preliminary plat of the proposed construction and subdivision shall be

approved by the Planning and Zoning Commission prior to the issuance of a

building permit or starting construction.

a.n. The builder shall provide the building inspector with a set of plans prepared by

a licensed architect which shows that all separation walls meet the current

building code for the state of Kentucky at the time of obtaining a building permit.

a.o. A final subdivision plat shall be presented to the Planning and Zoning

Commission showing location of the building(s) and the subdivision of the

buildings into separate lots after construction of the foundation and prior to

framing construction to ensure property lines are located in the common and

otherwise meet all requirements.

a.p. If the dwellings are not served by sanitary sewer, the requirements of the R-1

district shall apply.

8.6 Single Family through Multi-Family Residential (Up To Four Dwelling Units

per Building) District R-3

8.6.1Purpose

The purpose of the single family and multi-family residential R-3 zoning district is to

provide for the establishment of a medium high density residential use. The residential

uses range from single family to multi-family dwellings up containing more than four (4)

dwelling units per lot. The type of residential buildings range from detached to attached

and from townhouse to multi-family buildings. Related recreational, religious, and

educational facilities normally required to provide the basic elements of a balanced,

orderly, convenient, and attractive residential area are also permitted. The permitted

residential density shall not exceed eight (8) dwelling units per net acre developed.

8.6.2 Permitted Uses

The following uses are permitted in any R-3 zoning district, subject to all the applicable

development standards and requirements:

a. Single family detached or semi-detached dwellings, whether site built or

modular home;

b. Two family dwellings or duplexes, and multi-family attached dwelling up to a

maximum of four dwellings per building and lot and may be in condominium

form of ownership; Multi-family dwellings may be townhouse, triplex,

efficiency units, quadraplex, apartments, or other attached configuration.

Multi-family land use developments may be proposed in a multiple building

development configuration provided that a development plan has been

approved by the Planning Commission (see Article 13).

c. Residential care facilities as defined in KRS chapter 100.982 through

100.984.

d. Garage or other building not used as a dwelling; private swimming pools and

other private recreational facilities;

8.6.3 Conditional Uses

Franklin-Simpson County Zoning Regulations

The following uses are conditional uses in R-3 district, and require the written approval of

the Board of Adjustments:

a. Churches and other places of worship;

b. parish houses and parsonage;

c. libraries;

d. public and private schools or colleges offering general or specialized

education courses;

e. child care center, day care center, and nursery services;

f. public parks and recreational facilities and community centers;

g. personal care and nursing homes;

h. hospitals for the care of humans;

i. bed and breakfast as regulated under Section 9.6;

j. home occupations in compliance with Section 9.3.;

k. boarding house, provided no more than three (3) sleeping rooms as the

maximum that shall be rented in any building

8.6.4 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.6.5 R-3 District Table of Zoning Dimensions

(Allowance for up to four (4) dwelling units per acre.)

a. Single Family Dwelling - Minimum lot size (with public sewer) – 7,500 square feet

b. Duplex - Minimum lot size (with public sewer) – 10,000 square feet

First three (3) units – 13,500 square feet plus 3,000 square feet for each additional

unit

c. Minimum lot size (with septic system) (NOT AVAILABLE)

d. Minimum lot width at building line and front property line - 75 feet single family and

duplex dwelling; 100 feet for multi-family dwelling

e. Front yard setback – 25 feet

f. Side yard setback – 10 feet for single family and duplex; 20 feet for multi-family

g. Rear yard setback – 25 feet

h. Accessory building setback front and rear – 5 (five) feet

i. Lot coverage percentage for structures and impervious areas

i. 40 percent - single family and duplex

ii. 50 percent - multi-family

j. Building height – 45 feet

8.7 Multi-Family/High Density Residential District – R-4

8.7.1 Purpose

The purpose of the R-4 zoning district is to provide for the establishment of a high density

residential district. The principal use of land in this district is for higher density and more

diverse residential uses with the minimum of four dwelling units per lot. The types of multi-

family residential units may vary in configuration and number of units per building. Related

recreational, religious, and educational facilities normally required providing the basic

elements of a balanced, orderly, convenient and attractive residential area are also

Franklin-Simpson County Zoning Regulations

permitted. The permitted residential density shall not exceed sixteen (16) dwelling units

per net acre.

8.7.2 Permitted Uses

The following uses are permitted in any R-4 zoning district, subject to all the

applicable development standards and requirements:

a. Single family, site built or modular;

b. Two-family site built; or multi-family attached dwellings (apartments) when

approved with a development plan (see section 8.7.6 and Article 13). Multi-

family units may be in a townhouse, garden apartment, mid-rise, or multiple

building development configurations and may be in condominium form of

ownership provided there is a minimum of two dwelling units on the lot.

c. Residential care facilities as defined in KRS chapter 100.982 through

100.984.

d. Garage or other building not used as a dwelling; private swimming pools

and other private recreational facilities.

8.7.3 Conditional Uses

The following uses are conditional uses in R-4 zoning district, and require the

written approval of the Board of Adjustment:

a. Churches and other places of worship;

b. parish houses and parsonage;

c. libraries;

d. public and private schools or colleges offering general or specialized

education courses;

e. child care center, day care center, and nursery services;

f. public parks and recreational facilities and community centers;

g. personal care and nursing homes;

h. hospitals for the care of humans;

i. bed and breakfast as regulated under Section 9.6;

j. home occupations in compliance with Section 9.3.;

k. boarding house, provided no more than three (3) sleeping rooms as the

maximum that shall be rented in any building

8.7.4 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.7.5 Development Plan Required

When a building containing multi-family dwelling units are proposed for a single

building or more than one (1) principal building is proposed for a single lot, a

development plan must be approved by the Planning Commission in accordance

with Article 13. When more than one principal building is proposed for a single lot

this development will be referred to as a multiple building development.

8.7.6 R-4 District Table of Zoning Dimensions

Franklin-Simpson County Zoning Regulations

Allowance for up to (16) Dwelling units per acre

a. Minimum lot size (with public sewer)

i. Single family and duplex - 7,500 square feet

ii. Multi-family – 16,000 square feet

b. Minimum lot width

i. Single family and duplex – 75 feet

ii. Multi-family – 100 feet

c. Front yard setback – 25 feet

d. Side yard setback – 20 feet

e. Rear yard setback – 25 feet

f. Accessory structure setback side and rear – 5 (five) feet

g. Lot coverage percentage for structures and impervious areas

i. 40 percent - single family and duplex

ii. 50 percent - multi-family

h. Building height – 45 feet

8.8 Manufactured Home Residential District – R-5

8.8.1 Purpose

The purpose of the manufactured home residential (R-5) zoning district is to provide for the

establishment of residential areas containing manufactured home parks and subdivisions

with a minimum of five (5) manufactured homes and one (1) acre in size. Related

recreational, religious, and educational facilities normally required to provide the basic

elements of a balanced, orderly, convenient, and attractive residential area are also

permitted. The permitted

residential density shall not exceed twelve (12) manufactured home units per net acre

developed.

8.8.2 Permitted Uses

The following uses are permitted in any R-5 zoning district, subject to all the applicable

development standards and requirements:

a. Manufactured home parks and subdivisions provided no less than five (5)

single family detached manufactured homes spaces in the case of a

manufactured home park and five (5) lots in the case of a manufactured

home subdivision and five (5) acres are initially developed.

b. Residential care facilities as defined in KRS chapter 100.982 through

100.984.

c. Accessory buildings and uses shall be permitted as customarily incidental to

the principal and conditional uses.

d. Garage or other building not used as a dwelling; swimming pools and other

private recreational facilities; laundry facilities; office for onsite property

management; maintenance building.

8.8.3 Conditional Permitted Uses

The following uses are conditional uses in the R-5 zoning district, and require the

written approval of the Board of Adjustment:

a. Libraries;

b. child care facility, day care center, and nursery services;

Franklin-Simpson County Zoning Regulations

c. public parks and recreational facilities;

d. home occupations in compliance with section 9.3.

8.8.4 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.8.5 R-5 District Table of Zone Dimensions

Mobile Home Park and Mobile Home Subdivision

a. Minimum lot size – 5 (five) acres

b. Minimum lot width – 100 feet

c. Mobile Home Park front yard setback – 20 feet

d. Mobile Home Subdivision front yard setback – 25 feet

e. Mobile Home Park side yard setback – 8 (eight) feet

f. Mobile Home Subdivision side yard setback – 20 feet

g. Mobile Home Park rear yard setback – 20 feet

h. Mobile Home Subdivision rear yard setback – 25 feet

i. Accessory structure setback side and rear – 5 (five) feet

j. Lot coverage percentage structures and impervious areas – 60 percent

k. Building height – 30 feet

8.8.6 Standards for Development of Manufactured Home Park

a. Manufactured home space requirements : individual spaces within a

manufactured home park shall not be less than the minimum area

requirement, see section 8.8.6, no more than one manufactured home shall

be permitted on one manufactured home space.

b. Setback:

a. No manufactured home or building shall be located closer to any

public street than the minimum front yard setback. See section

8.7.7.b.

b. No manufactured home shall be located closer than twenty-five (25)

feet to any building or internal street within the manufactured home

park.

c. No manufactured home shall be located closer than twenty-five (25)

feet to any exterior property line of the manufactured home park.

c. Frontage: All trailer parks shall front on a public street for at least one

hundred (100) feet.

d. Spacing: No manufactured home shall be located within twenty-five (25)

feet of another manufactured home except than a minimum end-to-end

clearance of not less than twelve (12) feet shall be permitted, and in

instances where the sides opposite the entrance of two manufactured homes

Franklin-Simpson County Zoning Regulations

face each other, the amount of space between the two manufactured homes

may be reduced to no less than twenty (20) feet.

e. Internal Streets:

i. Each manufactured home park shall have at least one street within the mobile park which gives

access to a public street.

ii. All manufactured home spaces shall abut upon a street within the mobile park which gives

access to a public street.

iii. All streets within the trailer park shall have a right-of-way of not less than twenty-five (25) feet and

a pavement of not less than twenty (20) feet.

iv. The manufactured home street which provides access may not be located closer than one

hundred (100) feet from another access street, nor may it be closer than one hundred twenty five

(125) feet from an intersection of any public street.

v. All streets within the park shall be hard-surfaced and well lighted.

vi. No street rights-of-way within the manufactured home park shall be within three (3) feet of the

property line.

vii. The owner of the mobile park shall maintain the streets within the manufactured home park.

f. Parking: One (1) paved automobile parking space shall be provided on

every manufactured home space, plus one fourth (1/4) parking space for

each manufactured home space for visitor or common parking. The

additional parking may be in a central location.

g. Utilities: All manufactured home spaces shall be provided with public water,

sewer and electrical facilities meeting the standards specified by the City of

Franklin or Simpson County and state regulations, and each manufactured

home shall be properly connected with said utilities.

h. Lighting : All streets within a manufactured home park shall be lighted and

meet the minimum standards of street lighting in the City of Franklin. This

provision applies when the subdivision is located in the unincorporated area

of Simpson County.

i. Drainage: A drainage plan for the entire manufactured home park shall be

filed with the development plan and shall be approved prior to development

of any part of the manufactured home park. The drainage plan must meet

the minimum standards of the City of Franklin or Simpson County and if

developed, in phases all drainage facilities required to accommodate the

individual phases shall be constructed at time of development of that phase.

j. Accessory building: An accessory building, patio, and pad shall be located

at least five (5) feet from any manufactured home space line. The maximum

floor area shall be one hundred (100) square feet. The accessory building

shall be built in compliance with the Kentucky building code.

k. Foundation : All manufactured homes must have their wheels removed and

placed on permanent foundations. The bottom of the manufactured home

must not be more than four (4) feet above the ground at any point. A solid

Franklin-Simpson County Zoning Regulations

form of permanent skirting material shall be placed around each

manufactured home.

l. Connecting buildings: only porches, stairs, and other open buildings may

be attached to a manufactured home, but must be easily removed. No

building for human occupancy or for storage shall be built to the

manufactured home.

m. Procedure: before applying for a building permit for a manufactured home

park, the owner of the property where the manufactured home park is

proposed shall submit a development plan to the Planning Commission for

its approval in accordance with Article 13.

n. House Numbers: each manufactured home space shall be clearly marked

with a manufactured home space number. The manufactured home space

number shall be made of durable

material and may be mounted either on the manufactured home or on a

ground monument. The manufactured home space number shall be clearly

visible from the manufactured home street.

o. Insurance of building permit: The Planning Commission may attach

reasonable conditions to its approval of a development plan for a

manufactured home park. The administrative officer may issue a building

permit when the property owner has satisfied all development plan conditions

and has presents a valid construction permit from the state department of

health, divisional of environmental health, as required by KRS 219.150.

p. Nonconforming manufactured homes and manufactured home parks:

i. All existing manufactured homes within Simpson County or the City of

Franklin which have complied with all existing regulations at the time

of passage of these zoning regulations shall be allowed to remain in

their present location as long as the manufactured home is occupied

by the present residents. Should the resident owner decide to replace

his present manufactured home, the right to maintain a manufactured

home other than specified in these regulations shall terminate. No

manufactured home shall be permanently relocated on another lot

unless it meets all requirements specified in these regulations.

ii. Existing manufactured home parks legally operating at the time shall

be required to maintain a manufactured home space size of three

thousand five hundred (3,500) square feet per and comply with other

provisions of these Zoning Regulations. Existing occupants will be

allowed to remain in their present manufactured home, but as the

occupants move out no new residents or new manufactured home will

be permitted until the park meets the three thousand five hundred

(3,500) square feet per manufactured home space size. No future

manufactured home shall be permanently located outside of an

approved park.

8.8.7 Standards for Development of a Manufactured Home Subdivision

Franklin-Simpson County Zoning Regulations

a. Setback:

a.i. No manufactured home or building shall be located closer to any

public street than the minimum front yard setback. See section

8.7.7.b.

a.ii. No manufactured home shall be located closer than twenty-five (25)

feet to any building or public street within the manufactured home

subdivision.

a.iii. No manufactured home shall be located closer than twenty-five (25)

feet to any exterior property line of the manufactured home

subdivision.

b. Frontage : All manufactured home subdivisions shall front on a public street

for at least one hundred (100) feet.

c. Street: All manufactured home lots shall abut on an internal street of the

manufactured home subdivision. All streets in a manufactured home

subdivision shall be constructed to the specifications of the subdivision

regulations of Simpson County.

d. Street maintenance: The City of Franklin of Simpson County shall take

over the maintenance of these streets as prescribed by the subdivision

regulations of Simpson County and KRS chapter 100.

e. Access to Public Street: Each manufactured home subdivision shall have

one (1) street which gives access to a public street. The manufactured home

subdivision street which provides access may not be located closer than one

hundred (100) feet from another access street nor may it be closer than one

hundred twenty-five (125) feet from an intersection of any public street.

f. Lighting : All streets within a manufactured home subdivision must be lighted

and meet the minimum standards of street lighting in the City of Franklin.

This provision applies when the subdivision is located in the unincorporated

area of Simpson County.

g. Drainage : A drainage plan for the entire manufactured home subdivision

shall be filed with the development plan and shall be approved prior to

development of any part of the manufactured home subdivision. The

drainage plan must meet the minimum standards of the City of Franklin or

Simpson County and if developed in phases all drainage facilities required to

accommodate the individual phases shall be constructed at time of

development.

h. Utilities : All manufactured home spaces shall be provided with public water,

sewer and electrical facilities meeting the standards specified City of Franklin

or Simpson County and state regulations, and each manufactured home

shall be properly connected with said utilities.

i. Accessory Building: All accessory buildings, patios and pads shall be

located at least five (5) feet from any lot line. The maximum floor area shall

be one hundred (100) square feet. Accessory buildings shall be built in

compliance with the Kentucky building code.

Franklin-Simpson County Zoning Regulations

j. Procedure: Before applying for a building permit for a manufactured home

subdivision, the owner of the property where the manufactured home

subdivision is proposed shall submit a development plan to the Planning

Commission for its approval in accordance with Article 13.

k. House Numbers: Each lot shall be clearly marked with a house number.

The house number shall be made of durable material and may be mounted

either on the manufactured home of on a ground monument. The house

number shall be clearly visible from the street.

l. Insurance of Building Permit: The Planning Commission may attach

reasonable special conditions to its approval of a development plan for

manufactured home subdivision. The administrative officer may issue a

building permit when the property owner has satisfied all development plan

conditions in accordance with the procedure outlined in Article 13.

8.9 Central Business District – B-1

8.9.1 Purpose

The purpose of the central business district is to accommodate and encourage further

expansion and renewal of the traditional and central business core of Franklin. A variety of

business, institutional, public, quasi-public, cultural, residential and other related uses are

encouraged in an effort to provide the mix of activities necessary to maintain the traditional

nature of the central business core of Franklin.

8.9.2 Permitted Uses

a. Retail sales: Stores which deal in retail sales exclusively; restaurants; and

places of amusement.

b. Consumer and Personal Services: Outlets which provide repair, grooming,

business, information, financial or maintenance service for the consumer,

either on the premises or at another location; self-service laundries; hotels

and motels; and private gymnasiums.

c. Office buildings.

d. Limited Manufacturing: any retail business or retail service which includes

the making of Articles to be sold at retail on the premises. Any such

manufacturing or processing shall be incidental to a retail business or service

and not more than five (5) persons shall be employed in such manufacturing.

e. Residential: residential dwellings as permitted in R-4 zoning districts. (See

section 8.7.2). Residential apartment dwelling units may not be less than

five hundred (500) square feet in living space per apartment dwelling units.

Further, there shall be no more than twenty (20) apartments dwelling units

per building in the b-1 zoning district, and all buildings containing apartment

dwelling units shall be equipped with an approved fire suppression and

monitoring system. Multi-family land use developments may be proposed in

Franklin-Simpson County Zoning Regulations

a multiple building development configuration provided that a development

plan has been approved by the Planning Commission (see Article 13).

Provided, however, that the residential uses permitted in a

B-1 (Central Business District) Zone are specifically subject to and/or

limited by the provisions of any and all other ordinances adopted by

the City of Franklin, Kentucky including, but not limited to ordinances

relating to the permitted uses of buildings located in the Downtown

Historic District. (Amended 4/2/2019)

f. Retail sales, consumer and personal services or office land uses may be

proposed in a multiple building development configuration provided that a

development plan containing the proposed land uses have been approved by

the Planning Commission (see section 8.9.6).

g. Any accessory use or building customarily and incidental to permitted

principle or conditional uses may be permitted.

8.9.3 Conditional Permitted Uses

The following uses are conditional uses in a B-1 district and require written approval of the

Board of Adjustment:

a. Churches and other places of worship, and parish houses;

b. Schools;

c. Day care centers and nurseries;

d. Funeral home;

e. Hospital or medical, dental, or mental health clinic;

f. Philanthropic institutions and clubs.

8.9.4 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.9.5 Development Plan Required

When a building containing multi-family dwelling units or a multiple building

development is proposed including commercially use structures, a development

plan must be approved by the Planning Commission in accordance with Article 13.

8.9.6 B-1 District Table of Zoning Dimensions

Must be on public sewer only.

a. Minimum lot size – 7,500 square feet

b. Minimum lot width at building line and front property line – 40 feet

c. Front yard setback – 0 feet

d. Side yard setback – 0 feet

e. Rear yard setback – 0 feet

f. Lot coverage percentage for structures and impervious areas - no limitations

g. Accessory structure (Not Allowed)

h. Building height - 45 feet

(Any Residential use in the B1 District Reference R-4 Zone Dimensions.)

8.9.7 Off street parking, loading, and unloading area requirements.

(See Article 6.)

Franklin-Simpson County Zoning Regulations

8.9.8 Sign Requirements

(See Article 5.)

8.9.9 Landscaped Buffer Requirements

A permanent landscaped buffer of evergreen plant material or a solid wall or fence

of other suitable enclosure of a minimum height of six (6) feet shall be required on

all rear and side yards of B-1 zoning district that that abuts a residential district.

Landscaped area shall be properly maintained at all times.

8.10 General Business District, B-2

8.10.1 Purpose

The purpose of the general business (B-2) zoning district is to serve the adjoining

neighboring residential areas and to provide selected retail and service uses that

may serve the entire community but not those retail and service uses intended to

serve the regional retail service area of Franklin. These districts are located

adjacent to the B-1 zoning district and in selected residential neighborhoods, on

highways leading from the B-1 zoning district.

8.10.2 Permitted Uses

The following uses are permitted in any B-2 zoning district, subject to all the

applicable development standards and requirements of these Zoning Regulations:

a. Retail sales: Retail establishments which deal in retail sales, restaurants; drive-in restaurants and

places of amusement.

b. Consumer and personal services: Service establishments which provide repair, grooming,

business, financial or maintenance service for the consumer, either on the premises or at another

location; self-service laundries, hotels and motels, and private gymnasiums.

c. Office and professional uses and buildings.

d. Limited manufacturing: Any retail business or retail service which includes the making of

Articles to be sold at retail on the premises. Any such manufacturing or processing shall be

incidental to a retail business or service and not more than five (5) persons shall be employed in

such manufacturing.

e. Residential: Residential dwellings as permitted in residential R-4 zoning district (see section

8.6.2). Multi-family land use developments may be proposed in a multiple building development

configurations provided that a development plan has been approved by the Planning Commission

(see section 8.10.6).

f. Any accessory use or building customarily and incidental to permitted principle or conditional

uses may be permitted.

Retail sales, consumer and personal services or office and professional land uses

may be proposed in a multiple building development configuration provided that a

development plan containing the proposed land uses have been approved by the

Planning Commission (see section 8.10.6).

Franklin-Simpson County Zoning Regulations

8.10.3 Conditional Uses

The following uses are conditional uses in B-2 zoning district and require written

approval of the Board of Adjustment:

Churches and other places of worship, and parish houses; schools; day care

centers and nurseries; funeral homes; intermediate care facilities; skilled nursing

facilities; nursing homes; personal care, hospital, or medical, dental or mental

health clinic; and philanthropic institutions and clubs, microbreweries. Breweries or

distilleries of alcoholic beverages, provided, however, alcohol storage above ground

on the premises shall not exceed the maximum amount as set forth in the Kentucky

Building Code, as proscribed by the State Fire Marshall’s office, or as provided in

any federal, state or local law or regulation; philanthropic institutions and clubs;

garages, service stations, new and used car sales, farm implement sales, drive-in

restaurants, drive-in theaters, building supply dealer and other uses which in the

opinion of the board of zoning adjustment would not be detrimental to the

development of the general business district shall be allowed as conditional uses in

the general business district.

8.10.4 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.10.5 Development Plan Required

When a building which contains multi-family dwelling units, a multiple building

development including commercially use structures, or a new development or

conversion is proposed a development plan must be approved by the Planning

Commission in accordance with Article 13.

8.10.6 B-2 District Table of Zoning Dimensions

Must be on public sewer only.

a. Minimum lot size – 7,500 square feet

b. Minimum lot width at building line and front property line – 75 feet

c. Front yard setback – 30 feet

d. Side yard setback – 12 feet

e. Rear yard setback – 20 feet

f. Accessory structure setback side and rear – 10 feet

g. Lot coverage percentage of structures and impervious areas.

i. Single family and duplex – 40 percent

ii. Multi-family – 50 percent

iii. All other residential – 30 percent

h. Building height- 45ft.

(Any and all residential use in B-2 Reference R-4 Zone Dimensions)

8.10.7 Outside Storage Prohibited

There shall be no outdoor storage of merchandise or materials and no outdoor

processing in the business B-2 zoning district unless authorized as a conditional

use.

Franklin-Simpson County Zoning Regulations

8.10.8 Landscaped Buffer Requirements

A permanent landscape buffer of evergreen plant material or a solid wall or fence of

other suitable enclosure of a minimum height of six (6) feet shall be required on all

rear and side yards of b-2 district land that abuts a residential district. Landscaped

area shall be properly maintained at all times.

8.11 Neighborhood Business District, B-3

8.11.1 Purpose

The purpose of the neighborhood business (B-3) district is to serve the adjoining

neighboring residential areas with limited retail and service uses but not those retail

and service uses intended to serve the entire community or regional retail service

area of Franklin. These districts are located adjacent to, but not in a residential

neighborhood, in defined nodes that have direct access to a highway.

Neighborhood business districts should never draw through traffic into a residential

neighborhood.

8.11.2 Permitted Uses

The following uses are permitted in the B-3 district, subject to all the applicable

development standards and requirements of these Zoning Regulations:

a. Grocery, self-service laundries, drug stores, meat or fruit markets, barber or

beauty shops, shoe repair shops, laundry or dry cleaning establishments

where no laundering or cleaning is to be done on the premises, restaurants

which do not provide window or car service.

b. Residential uses: Residential dwellings as permitted in residential R-4 zoning

district (see section 8.6.2); residential care facilities as defined in KRS

chapter 100.982 through 100.984; multi-family land use developments may

be proposed in a multiple building development configuration provided that a

development plan has been approved by the Planning Commission (see

Article 13).

c. Any use set out in 8.11.2.a or 8.11.2.b above may be proposed in a multiple

building development configuration provided that a development plan

containing the proposed land uses have been approved by the Planning

Commission (see section 8.11.14 and Article 13).

d. Any accessory use or building customarily and incidental to permitted

principle or conditional uses may be permitted.

8.11.3 Conditional Uses

The following uses are conditional uses in a B-3 zoning district and require

written approval of the Board of Adjustment:

Day care centers and nurseries; philanthropic institutions and clubs, (except

which carry on a business).

8.11.4 Prohibited Uses

Franklin-Simpson County Zoning Regulations

Any Use not specifically listed in this section as Permitted or Conditional.

8.11.5 B-3. District Table of Zoning Dimensions

a. Minimum lot size – 7,500 square feet (with public sewer)

b. Minimum lot size – two (2) acres (with septic system)

c. Minimum lot width at building line and front property line – 60 feet

d. Front yard setback – 30 feet within City limits; 50 feet outside City limits

e. Side yard setback – 12 feet

f. Rear yard setback – 20 feet

g. Accessory structure setback side and rear – 10 feet

h. Lot coverage percentage of structures and impervious areas

i. Single Family and Duplex – 40 percent

ii. All other non-residential – 80 percent

iii. Building height – 42 feet

8.11.6 Outside Storage Prohibited

There shall be no outdoor storage or merchandise or materials and no

outdoor processing in the neighborhood business B-3 zoning district.

8.11.7 Sign Requirements – See Article 5

8.11.8 Off Street Parking, Loading and Unloading Area Requirements – See

Article 6

8.11.9 Landscaped Buffer Requirements

A permanent landscaped buffer of evergreen plant material or a solid wall or

fence of other suitable enclosure of a minimum height of six (6) feet shall be

required on all rear and side yards of neighborhood business, B-3, zoning

district land that abuts a residential district. Landscaped area shall be

properly maintained at all times.

8.11.10 Development Plan Approval Required

Each new development or conversion within the business B-3 zoning district

or when a building contains multi-family dwelling units or a multiple building

development including commercially use structures, shall submit a

development plan to the Planning

Commission. The development plan shall be approved in accordance with

Article 13.

8.12 Highway Business District, B-4

8.12.1 Purpose

The purpose of the highway business, B-4 district is to encourage the

establishment of commercial areas that can accommodate motor vehicle

oriented customers. This district is specifically designed to service the

motoring public and will be located along the major highways of Simpson

County.

Franklin-Simpson County Zoning Regulations

8.12.2 Permitted Uses

The following uses are permitted in any B-4 district, subject to all the

applicable development standards and requirements:

a. Retail sales: stores which deal in retail sales exclusively; restaurants; drive-in restaurants; and

places of amusement.

b. Consumer and personal services: outlets which provide repair, grooming, business, financial or

maintenance service for the consumer, either on the premises or at another location; self-service

laundries; hotels and motels; and private gymnasiums.

c. Office and professional uses.

d. Limited manufacturing: any retail business or retail service which includes the making of Articles

to be sold at retail on the premises. Any such manufacturing or processing shall be incidental to

a retail business or service and not more than five (5) persons shall be employed in such

manufacturing.

e. Funeral homes and cemeteries; intermediate care facilities; skilled nursing facilities; nursing

homes; personal care home; hospitals and medical, dental, or mental health clinics.

f. Residential: residential dwellings as permitted in the R-4 zoning district. (See section 8.7.2).

Multi-family land use developments may be proposed in a multiple building development

configuration provided that a development plan has been approved by the Planning Commission

(see Article 13).

g. Shopping centers when a development plan has been approved in accordance with Article 13.

h. Retail sales, consumer and personal services, office and professional, hospital or medical, dental

or mental health clinic land uses may be proposed in a multiple building development

configuration provided that a development plan containing the proposed land uses have been

approved by the Planning Commission (see section 8.12.7 and Article 13).

i. Any accessory building or use customarily incidental to the permitted uses are permitted.

8.12.3 Conditional Uses

The following uses are conditional uses in a B-4 district and require written

approval of the Board of Adjustments:

Churches and other places of worship, parish houses; child care facility, day

care center and nurseries; public parks and commercial recreational

facilities; schools; and philanthropic institutions and clubs; microbreweries,

breweries or distilleries of alcoholic beverages, provided, however, alcohol

storage above ground on the premises shall not exceed the maximum

amount as set forth in the Kentucky Building Code, as proscribed by the

State Fire Marshalls office, or as provide in any federal, state or local law or

regulation.

8.12.4 Required Conditions

a. Screening: where a commercial lot adjoins a residential lot, a well maintained compact hedge, a

solid fence, or similar solid screening device at least six (6) feet in height shall be installed to

Franklin-Simpson County Zoning Regulations

screen the business use from the adjoining lot in the residential district. The screen shall begin at

the front building line and extend along the common side lot line to the rear lot line.

b. Refuse facilities are permitted to be located outside a building provided it is completely screened

from view of public streets and adjoining non-industrial zoned properties. These refuse facilities

shall be screened on all sides except one by masonry walls or solid wood fencing not less than

the height of the bin or container. One side shall be equipped with an opaque gate. Gates must

have tie back to secure in open position.

8.12.5 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.12.6 Development Plan Required

When a building containing multi-family dwelling units are proposed or a

multiple building development is proposed including commercially use

structures, a development plan must be approved by the Planning

Commission in accordance with Article 13.

8.12.7 B-4 District Table of Zoning Dimensions

(Must be on public sewer)

i.i.a. Minimum lot size Residential - (Reference to R-4 District of

zone dimensions)

i.i.b. Minimum lot size all other uses - 10,000 square feet

i.i.c. Minimum lot width at building line and property line -100 feet

i.i.d. Front yard setback – 50 feet

i.i.e. Side yard setback – 15 feet

i.i.f. Rear yard setback – 15 feet

i.i.g. Accessory Structure setback side and rear – 10 feet

i.i.h. Lot coverage percentage structures and impervious areas

i. Non-residential – 60 percent

ii. Residential - Reference to R-4 District zone dimensions

i.i.i. Building height – 75 feet

8.13 Interstate Interchange Business District, B-5

8.13.1 Purpose

The purpose of the interstate interchange business, B-5 zoning district is to provide

highway oriented services at interstate highway interchanges, while avoiding traffic

conflicts and incompatible land use mixtures often associated with this type of

commercial development. The regulations for this district are intended to encourage

development compatible with surrounding districts, with suitable landscaping and

parking areas. The district is intended primarily for automobile and other vehicular

service establishments, transient sleeping accommodations, and eating and

drinking establishments.

8.13.2 Permitted Uses

Franklin-Simpson County Zoning Regulations

The following uses are permitted in the interstate interchange business, B-5, zoning

district, subject to all the applicable development standards and requirements:

Gasoline service stations and truck stops; camping grounds; motor hotels and

motels; truck terminals; gift shops, souvenir shops, and curio shops; restaurants,

drive-in restaurants, and cafes; shopping centers; mini-warehouses; truck rental

and trailer rental; recreation equipment sales and service; other compatible and

appropriate commercial uses, if included within an overall plan of development

within which most of the activity is of the uses listed above; outdoor advertising

signs as regulated in Article 5. Any accessory building or use customarily incidental

to the permitted uses are permitted.

8.13.3 Conditional Uses

The following uses are conditional uses in a B-5 district and require written approval

of the board of adjustment churches and other places of worship, parish houses;

day care centers, and nurseries; public parks and commercial recreational facilities.

8.13.4 Required Conditions

a. Screening: where a commercial lot adjoins a residential district, a well

maintained compact hedge, a solid fence, or similar solid screening device at

least six (6) feet in height shall be installed to screen the business use from the

adjoining lot in the residential district. The screen shall begin at the front building

line and extend along the common side lot line to the rear property line.

b. Refuse facilities are permitted to be located outside a building provided it is

completely screened from view of public streets and adjoining non-industrial

zoned properties. These refuse facilities shall be screened on all sides except

one by masonry walls or solid wood fencing not less than the height of the bin or

container. One side shall be equipped with an opaque gate. Gates must have tie

backs to secure in open position.

c. Outside storage is not permitted, unless required by law.

8.13.5 Prohibited Use and Building

Any Use not specifically listed in this section as Permitted or Conditional.

8.13.6 Development Plan Required

When building a multi-family dwelling unit, a multiple building development, or a new

development or conversion is proposed, a development plan must be approved by

the Planning Commission in accordance with Article 13.

8.13.7 B-5 District Table of Zoning Dimension

(Must be on public sewer.)

a. Minimum lot size – two (2) acres

b. Minimum lot width at building line and front property line -100 feet

c. Front yard setback – 100 feet

Franklin-Simpson County Zoning Regulations

d. Side yard setback – 15 feet

e. Rear yard setback – 15 feet

f. Accessory structure setback side and rear – ten (10) feet

g. Lot coverage percentage for structures and impervious areas – 50 percent

h. Building height – 75 feet

8.13.8 Landscaped Buffer Requirements

A permanent landscaped buffer of evergreen plant material or a solid wall or fence

of other suitable enclosure of a minimum height of six (6) feet shall be required on

all rear and side yards of interstate interchange business, B-3 zoning district land

that abuts a residential or agricultural zoning district. Landscaped area shall be

properly maintained at all times.

8.14 Office and Professional District O-P

8.14.1 Purpose

The purpose of the office and professional district is to encourage the establishment

of groupings of professional, laboratory, executive, administrative, accounting, and

similar uses. The district is designed to act as a buffer between other more intense

nonresidential uses and high density residential districts.

8.14.2 Principal Uses

The following uses are permitted in any O-P district, subject to all the applicable

development standards and requirements: Permitted uses for this district are:

diagnostic clinics and medical, dental, or mental health clinics; architectural,

engineering, realtor, management, insurance, accounting and financial institutions;

single family dwellings; medical offices for treatment by physicians, dentists, and

other licenses practitioners; museums; art galleries; libraries; and allied or similar

uses to include the sale at retail of consumer items such as drugs, medical supplies

or appliances, office equipment and supplies. Any accessory building or use

customarily incidental to permitted or conditional uses may be permitted.

8.14.3 Conditional Uses

The following uses are conditional uses in and O-P district and require written

approval of the Board of Adjustment:

Hospitals; nursing homes and other facilities for the extended care of the sick and

injured; churches and other places of worship; parks, recreational facilities and

other public institutions; public and private schools offering a general education

curriculum; philanthropic institutions and clubs.

8.14.4 Prohibited Uses and Building

Any use not specifically listed in this section as Permitted or Conditional.

8.14.5 O-P District Table of Zoning Dimensions

(Must be on public sewer)

Franklin-Simpson County Zoning Regulations

a. Minimum lot size – 7,500 square feet

b. Minimum lot width at building line and front property line – 75 feet

c. Front yard setback – 50 feet

d. Side yard setback – 12 feet

e. Rear yard setback – 25 feet

f. Accessory structure setback side and rear – 10 feet

g. Lot coverage percentage of structures and impervious areas - 40%

h. Building height – 42 feet

8.14.6 Landscaped Buffer Requirements

A permanent landscaped buffer of evergreen plant material or a solid wall or fence

of other suitable enclosure of a minimum height of six (6) feet

shall be required on all rear and side yards of abutting a residential district.

Landscaped area shall be properly maintained at all times.

8.14.7 Development Plan Approval Required

New development or conversion within the O-P district shall submit a development

plan to the Planning Commission. The development plan shall be approved in

accordance with Article 13.

8.15 Light Industrial District, I-1

8.15.1 Purpose

The purpose of the light industrial I-1, zoning district is intended to provide areas in

which the principal use of land is for light manufacturing and assembly plants,

distribution, storage, warehousing and wholesale business establishments which

are clean, quiet, and free of hazardous and objectionable elements such as noise,

odor, dust, smoke, or glare; operate entirely within enclosed buildings and generate

little industrial traffic. In addition to such activity, certain types of commercial sales

and service establishments are deemed to be especially suited for location in the

light industrial district.

8.15.2 Permitted Uses

The following uses are permitted in any I-1 district, subject to all the applicable

development standards and requirements:

a. General manufacturing

b. Sales, Construction and Service Establishments

c. Warehousing and Storage

d. Public warehousing and storage

e. Mini-warehouses.

f. Planned Industrial Parks which have been approved by the Planning

Commission under the development plan provisions of Article 13, or,

Industrial Park land which is under the care and supervision of the

Industrial Authority, and placed in the Industrial Park Overlay District.

g. Adult oriented use(s) and/or sexually oriented business.

h. Any accessory building or use customarily incidental to the above

permitted or conditionally permitted use shall be permitted.

i. Community residential facilities (added 4/2/2019)

Franklin-Simpson County Zoning Regulations

8.15.3 Conditional Uses

The following uses are conditional uses in and I-1 district and require written

approval of the Board of Adjustment:

a. Manufactured ice plants

b. Machine shops

c. Jobbing and repair,

d. Welding

e. Fabrication and processing plants of articles to be sold at retail on the

premises; photocopying and duplication

f. Salvage yards (subject to provisions of Article 9.2)

g. General contractors and special trade contractors and partitions,

shelving, lockers, and office and store fixtures including cabinet shops

Community residential facilities (removed 4/2/2019)

h. Child care facility which developed in conjunction with a planned

industrial park or is exclusively for the benefit of employees of the

manufacturing plant. Two or more adjoining manufacturing plants

may jointly operate a childcare facility.

i. Solar Farms 10 acres or more as described in Article 9.8.(added 1/7/2020)

8.15.4 Required Conditions

a. On lots adjacent to a residential district, all buildings shall be located

so as to provide a minimum side yard of fifty (50) feet on the side

adjoining the residential property.

b. Loading docks: where possible, loading docks should be located so

as not to front on a public highway.

c. Storage facilities: no materials or supplies shall be stored or permitted

to remain on any part of the property outside of the buildings

constructed thereon.

d. Manufacturing, processing, service, and repair operations shall be

conducted only within completely enclosed buildings.

e. Screening: where a commercial lot adjoins a residential lot, a well

maintained buffer at least six (6) feet in height shall be installed to

screen the business use from the adjoining lot in the residential

district. The screen shall begin at the front building line and extend

along the common side lot line to the rear property line.

f. Refuse facilities are permitted to be located outside a building

provided it is completely screened from view of public streets and

adjoining non-industrial zoned properties. These refuse facilities shall

be screened on all sides except one by masonry walls or solid wood

fencing not less than the height of the bin or container. One side shall

be equipped with an opaque gate. Gates must have tie backs to

secure in open position.

g. Outside storage is not permitted.

h. Waste disposal: No waste material or refuse may be dumped upon,

or be permitted to remain upon any part of an industrial site outside of

the buildings erected thereon except as may be required for

pretreatment of waste prior to its being discharged into the municipal

sewage system. No property shall be used for industrial purposes

Franklin-Simpson County Zoning Regulations

unless the City agrees to accept its sewage, or the industry constructs

its own approved facilities.

i. For adult oriented use(s) and/or sexually oriented businesses, any

and all businesses shall comply with the provisions of Article 9,

section 9.7 of these regulations

specifically including, but not limited to section 9.7.5 entitled

“locational standards”.

8.15.5 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.15.6 Development Plan Required

When five or more acres of land are proposed for rezoning to I-1 or a multiple

building development is proposed, a development plan must be approved by the

Planning Commission in accordance with Article 13.

8.15.7 I-1. District Table of Zoning Dimensions

a. Minimum lot size (on public sewer) – one (1) acre

b. Minimum lot size (on septic system) – two (2) acres

c. Minimum lot width at building line and front property line – 100 feet

d. Front yard setback – 50 feet

e. Side yard setback – 25 feet

f. Rear yard setback – 25 feet

g. Accessory Structure setback side and rear – 25 feet

h. Lot coverage percentage structures and impervious areas – 60 feet

i. Building height – 45 feet

8.15.8 Landscaped Buffer Requirements

A permanent landscaped buffer of evergreen plant material or a solid wall or fence

of other suitable enclosure of a minimum height of six (6) feet shall be required on

all rear and side yards of the I-1 zoning district land that abuts a residential or

agricultural zoning district. Landscaped area shall be properly maintained at all

times.

8.16 Heavy Industrial District, I-2

8.16.1 Purpose

The purpose of the heavy industrial (I-2) zoning district is to encourage the

development of major manufacturing, processing, warehousing and other business

establishments. These uses require extensive community facilities, and reasonable

access to arterial highways. They may have extensive open space and service

areas and may have associated with the use certain environmental factors that may

extend beyond their property boundaries.

8.16.2 Permitted Uses

The following uses are permitted in the I-2 zoning district, subject to all the

applicable development standards and requirements:

Franklin-Simpson County Zoning Regulations

a. Manufacturing

b. Sales and Service Farms

c. Service Establishments

d. Warehousing and storage

e. Public Warehousing and Storage

f. Mini-Warehouse

g. Planned industrial parks which have been approved by the Planning

Commission under the development plan provisions of Article 13. Including

industrial park land which is under the care and supervision of the local

Industrial Authority and placed in the industrial park overlay district

h. An accessory building and use, which are customarily incidental to the

principle and conditional use shall be permitted. Garages and employee

recreational facilities which may be located and conducted outdoors, except

when lighted when adjacent to residential zoning districts.

8.16.3 Conditional Uses

The following uses are conditional uses in an I-2 district and require written

approval of the Board of Adjustment.

A. Manufacturing:

a. Custom slaughtering

b. Meat products

c. Grain mill products

d. Fats and oil processing and rendering mills

e. Malt, wine or distilled and blended liquors

f. Miscellaneous food preparations and kindred products

g. Tobacco products

h. Textile mill products

i. Lumber and wood products, except furniture

j. Furniture and fixtures

k. Pulp, paper, and paperboard mills

l. Paperboard containers and boxes, converted paper and paperboard

products, except containers and boxes

m. Chemicals and allies products

n. Petroleum refining

o. Rubber and miscellaneous plastics products

p. Leather and leather products

q. Stone, clay, glass, and concrete products

r. Primary metal industries.

s. Fabricated metal products, except machinery and stone, clay, glass

transportation equipment

t. Industrial and commercial machinery and computer equipment

u. Electronic and other electrical equipment

v. Transportation equipment

w. Measuring, analyzing, and controlling instruments

x. Photographic, medical, and optical goods

y. Watches and clocks

z. Miscellaneous manufacturing industries including any other manufacturing

not otherwise categorized by these regulations

Franklin-Simpson County Zoning Regulations

aa. Monuments finished to custom order

ab. Terra cotta wholesale

ac. Solar farms 10 acres or more as described in Section 9.8 (added 1/7/2020)

B. Business services:

a. Linen supply

b. Industrial laundries

C. Wholesale trade:

a. Livestock auction markets and farm product raw materials

D. Mining and Quarrying:

a. Crushed and broken stone, including riprap

b. Sand and gravel

c. Agricultural lime

E. Other Conditional Uses Include:

a. Refuse dump;

b. Land fill

c. Scrap iron and salvage yards

d. Salvage car lots, see section 9.2 for standards for approval

e. Coal washing

f. Wrecking material yards

g. Employee recreational facilities which may be located and conducted out of doors

and which have lighting

h. Child care facilities when developed in conjunction with a planned industrial park or

is exclusively for the benefit of employees of the manufacturing plant

i. Two (2) more adjoining manufacturing plants may jointly operate a childcare facility

8.16.4 Required Conditions

a. Lots adjacent to a residential district: All buildings shall be located so as to provide

a minimum side yard of one hundred (100) feet on the side adjoining the residential

property;

b. Loading docks: where possible, loading docks should be located so as not to front

on a public street;

c. Storage facilities: no materials or supplies shall be stored or permitted to remain on

any part of the property outside of the buildings constructed thereon without proper

screening and adequate distance from adjoining properties;

d. Waste disposal: no waste material or refuse may be dumped upon, or be permitted

to remain upon any part of an industrial site outside of the buildings erected thereon

except as may be required for pretreatment of waste prior to its being discharged

into the municipal sewage system. No property shall be used for industrial

purposes unless the City agrees to accept its sewage, or the industry constructs its

own approved facilities.

Franklin-Simpson County Zoning Regulations

8.16.5 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.16.6 Development Plan Required

When five (5) or more acres are proposed for rezoning to I-2 or a multiple building

development is proposed, a development plan must be approved by the Planning

Commission in accordance with Article13.

8.16.7 I-2. District Table of Zone Dimensions

(Must be on public sewer only)

a. Minimum lot size – Two (2) Acres

b. Minimum lot width – 100 feet

c. Front yard setback – 100 feet

d. Side yard setback – 50 feet

e. Rear yard setback – 50 feet

f. Accessory structure setback side and rear – 25 feet

g. Lot coverage percentage-building and impervious areas – 60 percent

h. Building height – no limit

8.16.8 Landscaped Buffer Requirements

A permanent landscaped buffer of evergreen plant material or a solid wall or fence of other suitable

enclosure of a minimum height of six (6) feet shall be required on all rear and side yards of I-2

zoning district land that abuts a residential or agricultural district. Landscaped area shall be

properly maintained at all times.

8.17 Conservancy District

8.17.1 Purpose

The purpose of the conservancy district is to protect the public health and reduce the financial

burdens imposed on the community, its governmental units and its individuals, that may result from

improper use of land which because of certain natural and/or man-made features is not suitable to

extensive development. Areas subject to frequent or periodic flood and overflows, unstable soil

conditions, underground caverns, and other conditions that are deemed by the Planning

Commission to be detrimental to the public welfare. Upon proof that such conditions do not exist,

or that corrective measures can be taken to correct such conditions, the land in question may be

rezoned.

8.17.2 Land to Which Flood Hazard Designation Applies

All lands determined to be: subject to periodic flooding within the 100 year flood level; impacted by

storm drainage; or which contain an opening into the subterranean water channel, shall be subject

to these regulations.

The originally designated areas shall include those areas shown on either flood insurance studies

for the City of Franklin or for Simpson County as prepared by

Franklin-Simpson County Zoning Regulations

the federal emergency management administration (FEMA), the flood hazard boundary maps

(FHBM) and flood insurance rate maps (FIRM), latest editions.

Other lands within the City of Franklin and Simpson County which are subsequently designated as

being subject to the 100 year frequency flood or impacted by storm drainage or which contain an

opening into the subterranean water channel by the Planning Commission or the City of Franklin or

Simpson County Fiscal Court shall be added to the conservancy district.

8.17.3 Criteria for Determining Area of Conservancy District

The criteria for determining the areas of within the conservancy district shall be drainage

calculations prepared by a registered Kentucky professional engineer using the 100 year

frequency flood and a recognized national drainage formula, such as Denver method, SCS

method, and rational method.

8.17.4 Warning and Disclaimer of Liability

The degree of flood protection required by these regulations 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 manmade or natural causes.

This Article does not warrant, directly or indirectly, that areas outside the conservancy district will

be free from flooding or flood damage. This Article shall not create liability on the part of the City of

Franklin or Simpson County for any flood damages that result from reliance on this Article or any

administrative decision lawfully made there under.

8.17.5 Maintenance of Property

This Article does not obligate the City of Franklin or Simpson County or any agency any

assumption of maintenance of any area designated as conservancy district. Nor does it assume

any maintenance obligation for storm drainage systems approved by the Planning Commission,

the City of Franklin, or Simpson County.

8.17.6 Permitted Uses

a. Any use that does not require the erection of a building or buildings intended for

year-round use or occupancy, fences accepted.

b. Agricultural uses such as general farming outdoor plant; nurseries,

truck farming, forestry, sod farming, horticulture, wild crop harvesting provided the

use does not require the construction of a structure and that the use conforms to the

location requirements set forth in the agricultural zoning district.

c. Accessory uses, which are customarily incidental to the principal and conditional

use, shall be permitted so long as there is no building structure associated with the

accessory use. An accessory building is not permitted in the conservancy district.

8.17.7 Conditional Uses

The following uses are conditional uses in the conservancy zoning district, and require the written

approval of the Board of Adjustment:

Public and private recreational uses such as golf courses, driving ranges, picnic grounds, parks,

fishing lakes, wild life and nature preserves, trap and skeet ranges, hunting and fishing areas,

playgrounds, recreational areas, boat-launching ramps, hiking and horseback riding traces

provided no building intended for regular occupancy is erected.

Franklin-Simpson County Zoning Regulations

8.17.8 Prohibited Uses

Any Use not specifically listed in this section as Permitted or Conditional.

8.18 Industrial Authority/Industrial Park Overlay District

8.18.1 Profile

Land zoned light industrial or heavy industrial and under the guidance of the industrial authority

should be submitted to the planning and zoning board for approval to be included into the industrial

boards overlay district. It should be noted, that the review and approval of the plans within these

overlay districts are the jurisdiction of the industrial authority and are subject to city ordinance

regulation with regards to streets, sidewalks, curbs and gutters, utilities and storm water runoff.

8.18.2 Purpose

To allow the industrial authority to recruit with a level of confidentiality, promoting future economic

growth for the community.

8.19 CO.(CONSERVANCY) District Table of Zoning Dimensions

(No dimensions)

(No construction permitted in this zone)

Franklin-Simpson County Zoning Regulations

Article 9 Special Regulations

The following uses are considered to have unique characteristics that warrant special regulation to govern

their placement within the community.

9.1 Multi-Family

9.1.1 Multi -family buildings shall be permitted on the Medium Density Multi-Family Residential

(R-3), High Density Multi Residential (R-4), Central Business (B-1), General Business (B-2).

Neighborhood Business District (B-3), and Highway Business District (B-4) zoning districts

following the approval of a development plan by the Planning Commission. (See Article 13.)

9.1.2 Area Density Requirements:

A multi-family building shall have a minimum lot area as specified for the zoning district in

which the multi-family building is to be located. The minimum required lot width at the

building line shall be one hundred (100) feet. The minimum lot width requirement shall not

apply in the central business district unless the Planning Commission deems these

requirements necessary.

9.1.3 Yard Requirements:

a. Minimum front yard setback: 25 feet.

b. Minimum rear yard setback from rear property line: 25 feet.

c. Minimum side yard setback from side property line: 15 feet.

d. These requirements shall not apply in the central business district unless

the Planning Commission deems these requirements necessary.

e. Corner lots shall meet the applicable requirements of section 7.8.2.

9.1.4 Lot Coverage

The combined area occupied by all buildings shall not exceed fifty percent (50%) of the

total lot area, except in the central business district.

9.1.5 Off-Street Parking

Off-street parking may be provided in communal parking garages or areas. All required

parking shall be located on the same site as the multi-family building. All parking areas

shall be hard-surfaced concrete or asphalt and shall meet the parking standards of section

6.8.

9.1.6 Procedure

The prospective developer, before attempting to obtain a building permit or beginning any

construction, shall prepare a plan showing the lot dimensions and bearings of the parcel

intended to be developed, the location with respect to the City; the intended general layout

or design and improvements to be installed on the land, the total number of dwelling units

in the project, the number of dwelling

Franklin-Simpson County Zoning Regulations

units in each building, and the number of structures. The proposal shall then be presented

to the Planning Commission for its approval.

Before approving the intended development plan, the Planning Commission may make

conditional requirements pertaining to landscaping, screening, road requirements, open

space or any other similar items. These requirements shall be made a part of the plan

before approval is given to the plan. Once approval is received, a building permit can be

issued.

9.2 Salvage Yards

Salvage yards are a conditional use. They are permitted in industrial zoning

districts only. All salvage yards shall comply with the following regulations.

9.2.1 All salvage yards must be completely screened from the surrounding property with said

screening being not less than eight (8) feet in height. The planning commission shall be

required to approve the type of screening used.

9.2.2 No salvage items shall be left outside of the screened area for more than twenty-four (24)

hours.

9.2.3 Any salvage yard located closer than two thousand (2,000) feet from a center line of any

public road and must comply with KRS 177.905 through 177.990. The administrative officer

shall ensure that all salvage yards comply with city and state regulations.

9.2.4 No salvage yard shall be within one thousand (1,000) feet of any residential zoning district.

9.2.5 The Board of Adjustment shall have the power to determine if a parcel is being used for

salvage yard operation or not. An occupational license, sign, words, or written agreements

shall not be evidence alone as to whether a parcel of land is being used for a salvage yard.

9.3 Home Occupations

The provisions of this section shall govern the conduct, establishment and maintenance of a home

occupation in the RV, R-1,R1-S, R-2, R-3 and R-4 districts. Home occupational permits are

granted to a specific person for a specific location and are not transferable. In general, a home

occupation will be so located and conducted that the average neighbor, under normal

circumstances, would not be aware of its existence other than for a sign as permitted elsewhere in

these regulations. The standards for home occupations in this section are intended to ensure

compatibility with other permitted uses and with the residential character of the neighborhood. No

home occupation shall be established unless and until a permit is issued by the Board of

Adjustment, in accordance with the provisions of these regulations:

9.3.1 The Following Types of Activity May Be Considered For A Home Occupation Permit:

An office in the residence of a physician, dentist, lawyer, engineer, architect, realtor,

insurance agent; the studio of an artist; a teacher of music (limited to two pupils at a time),

making of handicraft, dressmaking, laundering, and beauty and barber shops and other

Franklin-Simpson County Zoning Regulations

occupations in the opinion of the staff of the commission that are similar in nature to above

type of activities.

9.3.2 Conditions of Conduct That Must Be Met

Home occupations may be conducted within a dwelling subject to compliance with all of the

following conditions:

a. One person other than members of the applicant’s immediate family residing on the

premises may be engaged/employed in such home occupation.

b. The home occupation shall be clearly incidental and subordinate to the use of the

building as a residence.

c. The dwelling unit where the home occupation is to be carried out shall be the

principal residence of the applicant.

d. No more than one (1) home occupation shall be carried on in or on the same

premises nor shall an individual be granted more than one home occupation permit

simultaneously.

e. The home occupations can be conducted within the dwelling unit or within a

detached garage of which the applicant is the owner or occupant. The location of

where the home occupation is conducted will be determined at time of approval of

application. Regardless of where conducted, the home occupation may not utilize

more than twenty five (25) percent of the area of one floor of the principal dwelling

in which it is located. In the case of the detached structure home occupation use,

the entire structure may be utilized.

f. There shall be no change in the outside appearance of the dwelling or accessory

building, nor shall the residence be altered or structural features changed in a

manner which would not customarily found in a residential dwelling or accessory

building associated with a dwelling of the neighborhood where the residence or

accessory building is located.

g. There is no external storage or display of material, containers, finished products,

equipment, or associated trucks or commercial vehicles.

h. No more than one commercially licensed vehicle on the premises related to the

home occupation.

i. There shall be no change in the outside appearance of the dwelling or premises, or

other visible evidence of the conduct of such home occupation.

j. Retail sales on the premises shall be incidental to the home occupation and are

limited to only the goods or services produced by the home occupation.

k. Two (2) parking spaces shall be provided for the proper conduct of the home

occupation off the street and other than in a required front yard.

l. No equipment or process shall be used in the home occupation which creates

noise, vibration, glare, fumes, odors, or electrical interferences, outside the dwelling

unit. In the case of electrical interferences, no equipment or process shall be used

which creates visual or audible interference in any television or radio receivers off

the premises, or cause fluctuations in line voltage off the premises.

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Franklin-Simpson County Zoning Regulations

9.3.3 Findings Necessary for Granting a Home Occupation

Before a home occupation is granted, the Board of Adjustment must find:

a. That the applicant has or can fully comply with the standards of conduct of a home

occupation.

b. That the granting of the home occupation will not alter the basic character of the

vicinity where the home occupation will be conducted.

c. The Board of Adjustment may attach such conditions as it deems necessary to

ensure protection of the neighborhood involved and consistent with the purposes of

this section.

9.3.4 Application for Home Occupation and Notice Requirements

An application for a home occupation shall be made in writing to the Board of Adjustment

and shall be filed with the administrative official. The Board of Adjustment shall then hold

at least one public hearing after notice as required by KRS chapter 424. Notice of the

hearing shall also be given at least fourteen (14) days in advance of the hearing by first

class mail to the owners of all property adjoining where the home occupation will be

conducted.

9.3.5 Abatement – Revocation

A home occupation permit may be revoked by the Board of Adjustment, following a public

hearing, upon a determination that the occupation or use has been and is conducted so as

to create one or more of the following conditions:

a. A nuisance or other undesirable condition interfering with the public health, safety,

morals, or general welfare of the neighborhood in which it is located.

b. A violation of the provisions of these regulations or any other applicable law,

ordinance, or violation of the conditions imposed at the time the home occupation

permit was granted.

c. The administrative official may initiate proceedings for the revocation of a home

occupation permit. In initiating the procedure, the administrative official must

investigate and determine there is sufficient ground for a revocation hearing before

the Board of Adjustment and shall:

i. Prepare a notice of revocation hearing. Such notice shall set forth

precisely the grounds of revocation and

shall be forwarded to the Board of Adjustment and to the holder of

the home occupation.

ii. Notice of revocation proceedings shall be given to the holder of the

home occupation permit at least fourteen (14) days in advance of the

hearing by U.S. Certified First Class mail, return receipt requested, to

the holder of the permit. The notice of revocation shall state the date,

time and location of the revocation hearing and that the holder of the

home occupation has the right to appear in person or be represented

by an attorney and that the holder of the home occupation may be

Franklin-Simpson County Zoning Regulations

present and be heard and to evidence to refute the allegations of the

administrative official.

9.4 Accessory Apartment

The provisions of this section shall govern the conduct, establishment and maintenance of an

accessory apartment in the R-1, R-2, R-3 and R-4 zoning districts. An accessory apartment permit

is granted for a specific location and is not transferable. In general, an accessory apartment may

be a part of the principal dwelling or may be located in a detached building. The accessory

apartment shall be so located and conducted that the average neighbor, under normal

circumstances, would not be aware of its existence. The standards for an accessory apartment in

this section are intended to ensure compatibility with other permitted uses and with the residential

character of the neighborhood in which it is located. No accessory apartment shall be established

unless and until a permit is issued, by the Board of Adjustment, in accordance with the provisions

of these regulations.

9.4.1 Conditions That Must Be Met

An accessory apartment may be permitted subject to compliance with all of the following

conditions:

a. No more than one accessory apartment shall be permitted on any lot.

b. An accessory apartment shall be permitted only if there is a principal dwelling existing

on the lot at the time of the accessory apartment is established or if the principal

dwelling is constructed at the same time as the accessory apartment. The accessory

apartment may continue only if there is a principal dwelling on the lot.

c. Either the accessory apartment or the principal dwelling must be occupied by the owner

of the lot. The accessory apartment may continue only if the accessory apartment or the

principal dwelling is occupied by the owner of the lot.

d. An accessory apartment must be clearly subordinate to principal dwelling.

e. An accessory apartment shall be a minimum of 300 square feet of living area but shall

not exceed the greater of either, 900 square feet living area or 25 percent of the living

area of the principal dwelling.

f. The accessory apartment shall have a separate access, not observable from the street,

unless there is a single access from the front of the building with a split access inside the

building.

g. The addition of the accessory apartment will maintain the appearance of a single-family

dwelling.

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h. If the accessory apartment is being added or attached to an existing building, the

principal dwelling may not be enlarged more than 20 percent of the original foundation.

i. The accessory apartment shall have a kitchen and bathroom wholly within the dwelling.

9.4.2 Findings Necessary for Granting an Accessory Apartment Permit

Before an accessory apartment permit is granted, the Board of Adjustment must find:

a. That the applicant has or can fully comply with the standards for establishing an

accessory apartment.

b. That the granting of the accessory apartment permit will not alter the basic character of

the vicinity where the accessory apartment will be located.

c. The Board of Adjustment may attach such conditions as it deems necessary to ensure

protection of the neighborhood involved and consistent with the purposes of this section.

9.4.3 Application for Accessory Apartment and Notice Requirements

An application for an accessory apartment permit shall be made in writing to the Board of

Adjustment and shall be filed with the administrative official. The Board of Adjustment shall

then hold at least one public hearing after notice as required by KRS chapter 424. Notice of

the hearing shall also be given at least fourteen (14) days in advance of the hearing by first

class mail to the owners of all property adjoining where the accessory apartment will be

located.

9.4.4 Abatement – Revocation

An accessory apartment permit may be revoked by the Board of Adjustment, following a

public hearing, upon a determination that the standards for creating the accessory

apartment are not being adhered to in accordance with the approval of the Board of

Adjustment.

The administrative official may initiate proceedings for the revocation of an accessory

apartment permit. In initiating the procedure, the administrative official must investigate

and determine there is sufficient ground for a revocation hearing before the Board of

Adjustment and shall:

a. Prepare a notice of revocation hearing. Such notice shall set forth precisely the

grounds of revocation and shall be forwarded to the Board of Adjustment and to the

holder of the accessory apartment.

b. Notice of revocation proceedings shall be given to the holder of the accessory

apartment permit at least fourteen (14) days in advance of the hearing by registered

mail or by certified mail, return receipt requested, to the holder of the permit. The

notice of revocation shall state the date, time and location of the revocation hearing

and that the holder of the accessory apartment permit has the right to appear in

person or be represented by an attorney and that the holder of the accessory

Franklin-Simpson County Zoning Regulations

apartment permit may present and give evidence to refute the allegations of the

administrative official.

9.5 Bed and Breakfast Facilities

Bed and breakfast facilities may be approved by the Board of Adjustment in the AG, RV, R-1, R-2,

R-3, and R-4 zoning districts as a conditional permitted use provided that the following

requirements are met:

9.5.1 Adequate off street parking shall be provided of each applicant, with at least one paved

parking space for each authorized guest room. All plans for construction of new parking

must accompany the application. If non- resident employees are anticipated, additional

parking may be required.

9.5.2 Meals may be served to guests other than breakfast but may not be served to non-

registered guests. Guests may not be permitted to prepare food within the facility.

9.5.3 No other commercial activities of any kind shall be conducted on the premises.

9.5.4 The number of guest rooms in a facility shall be limited by the Board of Adjustment by the

size of the building and density of the neighborhood and in no event shall it exceed five (5)

rooms and the number of guests in the facility at any one time shall not exceed fifteen (15)

persons

9.5.5 The maximum length of stay of any guest, at any one time, shall be twenty-one (21) days.

9.5.6 Exterior modifications shall be allowed only if the facility would retain the look of a

home and would not resemble a commercial establishment.

9.5.7 The establishment shall pass periodic inspections by agencies that oversee such an

establishment, and it shall be licensed by all proper agencies. These certifications

shall be posted in a conspicuous location, with telephone numbers for emergency

services posted near each telephone.

9.5.8 A resident manager shall live in the facility during all periods of operation.

9.5.9 Before an application can be approved, a signed consent form must be obtained

from all adjoining property owners. The failure to obtain these consents shall

automatically result in the disapproval of the application. A form for this consent

shall be prepared by the administrative official for use in all applications. Written

notification by first class mail shall be given to all property owners within one

hundred fifty (150) feet from any boundary line of the proposed facility.

9.5.10 The approval of an application and issuance of a permit shall be a non-transferable,

(personal right that shall not pass with the property to subsequent owners). The

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failure of the applicant to actively participate in the management of the facility or if

the facility is operated so that it unduly interferes with the residential nature of the

area shall be grounds for revocation of the permit.

9.6 Adult Oriented Uses

9.6.1 Purpose

The purpose of this section is to establish appropriate requirements under which adult

oriented uses and/or sexually oriented businesses may locate within the City of Franklin

and Simpson County. It has been demonstrated statistically through verifiable studies in

numerous communities that adult oriented uses and/or sexually oriented businesses have

harmful secondary effects on the communities in which they locate, particularly when near

residential or other areas in which residential, educational, religious and/or recreational

uses are permitted.

9.6.2 Findings upon Which This Ordinance Is Based

The harmful secondary effect which adult oriented uses and/or sexually oriented

businesses have on communities in which they locate include inappropriate exposure of

children and teenagers to graphic sexual images, increased incidence in crime, diminished

property values, discouragement of other types of commercial activities, discouragement of

residential, education, religious and recreational uses, hereafter referred to as protected

uses. The cumulative effect of the location of adult oriented uses and/or sexually oriented

businesses, especially in concentration, is a change in the perceived community character

and the diminishment of the quality of life or business for the other uses in the

neighborhood in which the adult orient uses are located. Regulation of adult oriented uses

is necessary to reduce the secondary harmful effects of these uses, including but not

limited to, the decline of community health and safety and the blighting of surrounding

neighborhoods and uses.

Regulation of adult oriented uses and sexually oriented businesses is also necessary for

the integrity of residential areas, schools, churches, or other places of worship, libraries,

child care centers, parks and playgrounds, all of which are areas in which minors

congregate, a segment of the community particularly at risk when in proximity to adult

oriented uses and sexually oriented businesses. Further, the findings of the City and

County governments, in adopting adult business ordinances are incorporated by reference

in the ordinance.

9.6.3 Exclusions from Operation of This Ordinance

Excluded from this ordinance are activities which are not for the purpose of sexual

stimulation or gratification, including but, not limited to the following: licensed massage

therapist, as defined in this ordinance; other persons engaged in massage e.g. Sports

massage administered by a team trainer; and artistic studios, photographic or otherwise,

utilizing the nude body as a model.

9.6.4 Permitted Districts

Adult oriented uses are permitted in I-1, light industrial districts, and subject to the general

provisions of the Zoning Regulations of the City of Franklin and Simpson County, Kentucky.

9.6.5 Locational Standards

Franklin-Simpson County Zoning Regulations

a. Distance from residential use: no lot occupied, or to be occupied, by an adult oriented use

or sexually oriented business shall be located closer than a seven hundred fifty (750) feet

radius of any residential zoning district.

b. Distance from educational, religious and child related uses: no lot occupied, or to be

occupied, by an adult oriented use or sexually oriented business shall be located closer

than a seven hundred fifty (750) feet radius of any school, public or private, college,

university, church or other place of worship, library, type 1 day care facility, or any public

park or playground.

c. Distance from rural village district: no lot occupied, or to be occupied, by an adult oriented

use or sexually oriented business shall be located closer than a seven hundred fifty (750)

feet radius of any rural village district.

d. Distance from other adult orient use: no lot occupied, or to be occupied, by an adult orient

use or sexually oriented business shall be located closer than a seven hundred fifty (750)

feet radius of any other adult oriented use or sexually oriented business as defined above.

e. Method of measurement of distances: the distances required by this section shall be

measured from the closest property line occupied, or to be occupied, by an adult oriented

use or sexually oriented business to the closest property line occupied by a protected use,

zone district in which an adult oriented use or sexually oriented business is not or another

adult oriented use or sexually oriented business.

f. Landscape requirements: all newly constructed or renovated structures that are used for,

or proposed for use as, adult oriented uses or sexually oriented business shall meet all

landscaping requirements set out

in the Zoning Regulations of the City of Franklin and Simpson County, Kentucky.

g. Effect of establishment of protected use: the establishment of any protected use, zone

district in which an adult oriented use or sexually oriented business is not permitted, or

another adult oriented use or sexually oriented business, subsequent to the lawful

commencement of an adult oriented use or sexually oriented business shall not render the

adult oriented use or sexually oriented business non-conforming.

h. Amortization of existing adult oriented uses or sexually oriented business: an existing adult

oriented use or sexually oriented business established prior to the passage of this

ordinance shall be deemed a non-conforming use for a period of two (2) years or for the

remaining term of the adult oriented uses sexually oriented business lease which is in force

at the time of the effective date of this ordinance, whichever occurs firsts. For the purpose

of this provision, the term of the adult oriented uses or sexually oriented business lease

shall not include extensions. At the expiration of the period established in this subsection,

the existing adult-oriented use or sexually oriented business established prior to the

passage of this ordinance shall comply with the requirements of the ordinance.

i. Extension of time for the amortization of existing adult oriented uses or sexually oriented

business: applications for an extension of the time for compliance established by section

9.7.5.h., above, may be granted for good cause shown and must be received by the office

of the building inspector, with copy to the planning and zoning Commission office, not less

than 90 days prior to the termination date. The application shall be heard by the Board of

Adjustments.

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j. Miscellaneous adult dancing performance standards: any adult oriented establishment

and/or sexually oriented business that features in whole or in part, adult dancing shall

comply with the following requirements.

i. No person shall display or expose specified anatomical areas.

ii. No person, except an employee, agent, servant or independent contractor in

any adult dancing establishment, or similar type use described herein, shall

simulate any form of specified sexual activity, except while positioned in or

occupying an entertainment area defined as:

“A platform or other similar structure raised not less than eighteen (18) inches above the

immediately surrounding main floor area, encompassing an area of at least one hundred (100)

square feet and position not less than ten (10) feet from any patron or spectator.”

k. No person maintaining, managing, owning or operating an adult dancing establishment, or

similar type use described herein, shall suffer, allow, or permit the construction,

maintenance, or use of areas partitioned or screened from public view that are to be

occupied, alone or together by any person or persons on the premises of such

establishments for performances, private or otherwise, involving the display of or exhibition

of specified anatomical areas or specified sexual activities or permit an

employee, agent, servant, or independent contractor to violate any provision of this

ordinance.

l. No person on the premises of an adult dancing establishment, or similar type use described

herein, shall be permitted to use or be present in areas partitioned or screened from public

view that are designed to be occupied, together or alone, by any person or persons on the

premises of such establishment for the display of or exhibition of specified anatomical

areas or specified sexual activities.

m. Locational restriction on display or exposure of specified anatomical areas or simulation of

specified sexual activities: No person shall display or expose specified anatomical areas

or simulate specified sexual activities, except in accordance with all applicable laws,

regulations and/or ordinances and while on the premises of an approved adult oriented use

and/or sexually oriented business.

n. Operating Hours: no adult-oriented use and/or sexually oriented business shall be open for

business between the hours of 1:00 a.m. and 6:00 p.m. Further, no adult-oriented use

and/or sexually oriented business shall be open on any Sunday.

o. Prohibition of Physical Contact: while on the premises of an adult oriented

use and/or sexually oriented business, no employee, agent, servant or

independent contractor shall be permitted to have and physical contact with

any other adult entertainment employee, other employee, patron or

spectator while the employee, agent, servant or independent contractor is

entertaining, dancing or otherwise involved in the display of or exhibition of

specified anatomical areas or specified sexual activities.

p. No act is authorized if not otherwise permitted by law: nothing in this ordinance pertaining

to adult dancing establishments, adult oriented use(s) or similar type use, shall be

construed to permit or authorize any act or activities that are prohibited by federal, state or

Franklin-Simpson County Zoning Regulations

local law. These sections are meant to be in addition to any acts or activities that are so

prohibited.

9.7 Regulations for Cellular Antenna Towers and Cellular Telecommunications Services

9.7.1 Purpose

The purpose of the cellular antenna tower application and procedures are: to provide for

the safest and most efficient integration of cellular antenna towers for cellular

telecommunications services or personal communications services within the community; to

provide for such facilities in coordination with the recommendations of the comprehensive

plan; and to allow for such facilities with the intention of furthering the public health, safety,

and general welfare.

9.7.2 Applicability

Every utility, or a company that is engaged in the business of providing the required

infrastructure to a utility, that proposes to construct an antenna tower for cellular

telecommunications services or personal

communications services shall submit a completed uniform application to the Planning

Commission. The Planning Commission shall not regulate the placement of antennas or

related equipment on an existing structure.

9.7.3 Pre-Application Conference

Applicants are encouraged to notify the Planning Commission to discuss proposals, allow

for early coordination and to identify those items which are in

conformance/nonconformance with the comprehensive plan, zoning ordinance, and the

provisions of these regulations.

9.7.4 General

Cellular antenna towers for cellular telecommunications services or personal

communications services may be allowed in any zone after Planning Commission review in

accordance with the following procedures to ascertain agreement with the adopted

comprehensive plan and the regulations contained within the zoning ordinance.

9.7.5 Application Requirements

Applications for the construction of cellular antenna towers for cellular telecommunications

services or personal communications services shall be submitted in accordance with the

provisions of KRS100.9865.

9.7.6 Application Fee

An applicant for the construction of cellular antenna towers for cellular telecommunications

services or personal communications services shall pay an application fee in the amount of

$2,500 upon submission of a uniform application with $2,500 being the maximum

aggregate amount for application and any applicable building permit fees.

9.7.7 Processing Application Criteria (amended 10/15/2019. Criteria moved to 9.7.9)

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Applications for the construction of cellular antenna towers for cellular

telecommunications services or personal communications services shall be

processed as follows:

1. At least one (1) public hearing on the proposal shall be held, at which

hearing interested parties and citizens shall have the

opportunity to be heard. Notice of the time and place of such hearing shall be

published at least once, in a newspaper of general circulation in the county, provided that

one (1) publication occurs not less than seven (7) calendar days not more than twenty

one (21) calendar days before the occurrence of such hearing.

2. Notice of the proposal shall be posted by the applicant and shall remain

in a visible location on the proposed site until final disposition of

application. Such notice shall consist of a written notice, of durable material at least

two (2) feet by four (4) feet in size, stating that “[Name of applicant] proposed to

construct a telecommunications tower on this site” and including the addresses and

telephone numbers of the applicant and the planning commission:

3. Notice of the proposal shall be posted by the applicant and shall remain

on the public road nearest the site until final disposition of the application. Such

notice shall consist of a written notice, of durable material at least two (2) feet by four (4)

feet in size, stating that “[Name of applicant] proposes to construct a

telecommunications tower near this site” and including the addresses and telephone

numbers of the applicant and the planning commission.

4. Notice of the hearing shall be given at least fourteen (14) days in advance

of the hearing, by certified mail, return receipt requested, to

the owner of every parcel of property within five hundred (500) feet of the

proposed tower or property contiguous to the site upon which the

tower is proposed to be constructed. Said notice shall include a map of the

location of the proposed construction, the telephone number and address of the

planning commission and shall inform the addressee of his or her right to

participate in the planning commission’s proceedings on the application. Records

maintained by the property valuation administrator may be relied upon conclusively to

determine the identity and address of said owner. In the event such property is in

condominium or cooperative forms of ownership, then the person notified by

mail shall be the president or chairperson of the owner group which administers

property commonly owner by the condominium or cooperative owners. A joint

notice may be mailed to two or more co- owners of an adjoining property who are listed

in the property valuation administrator’s records as having the same address.

5. Upon holding such hearing, the planning commission shall, within sixty

(60) days commencing from the date that the application is received by the

planning commission, or within a date specified in a written agreement

between the planning commission and the applicant, make its final decision to approve

or disapprove the uniform application. If the planning commission fails to issue a final

decision within sixty (60) days, and if there is no written agreement between the

planning commission and the utility to a specific date for the planning commission to issue

a decision, it shall be presumed that the planning commission has

approved the utility’s uniform application. In the event the application is filed in a

timely manner where the planning commission’s regular scheduled monthly

meeting will not accommodate a public hearing, the planning commission with

request a written agreement between said commission and the applicant to extend the

sixty (60) day deadline.

Franklin-Simpson County Zoning Regulations

9.7.8 Design Standards Amendments (amended 10/15/2019-Amendments moved to 9.7.10)

The applicant shall provide information demonstrating compliance with the

following requirements. Where the planning commission finds that circumstances or

conditions relating to the particular application are such that one or more of the requirements

listed below are not necessary or desirable for the protection of surrounding property or the

public health, safety, and general welfare, and that such special conditions or circumstances make

one or more said requirements unreasonable, the planning commission, or its duly authorized

representative, may modify or waive such requirement, either permanently or on a

temporary basis. Any such modification or waiver shall be requested by the applicant, and

the applicant shall submit a written justification for each requested modification or

waiver.

1. All structures, except fences, shall be located a minimum distance from

the property line or lease line of any adjoining property that is equal to

one-half (1/2) the height of the tower, but not less than fifty (50) feet.

2. A cellular antenna tower, or alternative antenna tower structure, may be

constructed to a maximum height of two hundred (200) feet regardless of the

maximum height requirements listed in the specific zoning district. This also applies to any

tower taller than fifteen (15) feet constructed on the top of another building or structure,

with the height being the overall height of building/structure and tower together,

measured from the grade to the highest point. The planning commission may allow

antennas greater than two hundred (200) feet in height upon review of the

applicant’s justification that the additional height meets the criteria

identified in Section 9.7.9.

3. The cellular antenna tower shall be constructed in compliance with the

current ANSI/EIA/TIA 222-F standards and other applicable state

standards.

4. Cellular antenna towers shall not be illuminated, except in accordance

with other state or federal regulations.

5. The site shall be un-staffed. Personnel may periodically visit the site for

maintenance, equipment modification or repairs. To accommodate such visits,

ingress/egress shall only be from approved access points.

6. Woven wire or chain line (eighty (80) percent open) or solid fences made

from wood or other materials (less than fifty (50) percent open) shall be used to

enclose the site. Such fences shall not be less than six (6) feet in height or more than

eight (8) feet in height. The use of barb wire or sharp pointed fences shall be

prohibited. Such fence may be located within the front, side, or rear yard.

7. Screening shall be provided by evergreen trees, with a minimum height of

six (6) feet, planted in a staggered pattern at a maximum distance of

fifteen (15) feet on center. The screening shall be placed in an area between

the property line, or lease line, and a ten (10) feet setback.

8. Any site to be purchased or leased for the installation of a cellular

antenna tower, or alternative antenna tower, and ancillary facilities, shall be at

least five thousand (5,000) square feet in area.

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9. All new cellular antenna towers shall be designed and constructed to

accommodate a minimum of three (3) service providers.

10. All option and site lease agreements shall not prohibit the possibility of

co-location.

9.7.9 Criteria (amended Title/Article Number Only 10/15/2019. Previously 9.7.7)

a. Approval or disapproval of the proposal shall be based upon evaluation of the

proposal’s agreement with the comprehensive plan and Zoning Regulations.

b. The Planning Commission may require the applicant to make a reasonable attempt

to co-locate additional transmitting or related equipment. The Planning Commission may

provide the location of existing cellular antenna towers on which the Commission deems

the applicant can successfully co-locate its transmitting and related equipment. If the

Planning Commission requires the applicant to attempt co-location, the applicant shall

provide the Planning Commission with a statement indicating that the applicant has:

i. Successfully attempted to co-located on towers designed to host multiple

wireless service providers’ facilities or existing structures such as a

telecommunications tower of another suitable structure capable of

supporting the applicant’s facilities, and that identifies the location of the

tower or suitable structure on which the applicant will co-locate its

transmission and related facilities.

ii. Unsuccessfully attempted to co-locate on towers designed to host multiple

wireless service providers’ facilities or existing structures such as a

telecommunications tower or another suitable structure capable of

supporting the applicant’s facilities and that:

1) Identifies the location of the towers or other structures on which the

applicant attempted to co-locate; and,

2) Lists the reasons why the co-location was unsuccessful in each

instance.

3) The Planning Commission may deny a uniform application to

construct a cellular antenna tower based on an applicant’s

unwillingness to attempt to co-locate additional transmitting or related

equipment on any new or existing towers or other structures.

4) The Planning Commission shall not regulate the placement of a

cellular antenna tower on the basis of the environmental effects of

radio frequency missions to the extent that the proposed facility

complies with the regulations of the Federal Communications

Commission concerning radio frequency emissions.

9.7.10 Amendments (amended Title/Article Number Only 10/15/2019. Previously 9.7.8)

Any amendments to plans, except for minor adjustments as determined by the Planning

Commission, or its duly authorized representative, shall be made in accordance with the

procedure require by section 9.8.5, subject to the same limitations and requirements as

those under which such plans were originally approved.

9.7.11 Preferred Deployment Strategies (amended Title/Number Only10/15/2019. Previously 9.7.9)

Recommends that the joint City-County Planning Commission work cooperatively with the

service providers of cellular telecommunications services or personal communications

services and use the following list of recommended strategies when evaluating the sitting of

service facilities:

Strategy 1: Service providers should be required to file an “annual plan” covering the

Franklin-Simpson County Zoning Regulations

applicant’s present telecommunications towers and co-location sites within Simpson

County.

Strategy 2: Service providers should be required to co-locate or share towers/facilities with

other providers in order to minimize the proliferation of towers/facilities.

Strategy 3: Wherever possible, service providers should be required to use existing

structures or facilities that meet all the requirements of the proposed installation. For

example, water towers, radio and television towers, tall buildings, commercial signs, etc., to

minimize the proliferation of new towers/facilities.

Strategy 4: Wherever possible, sitting of such facilities should be required to be located in

areas identified for industrial or commercial type uses.

Strategy 5: Ground level compounds such as equipment shelters, backup generators, etc.

should be heavily screened from view.

Strategy 6: Towers should be camouflaged or designed in such a manner to blend into the

surrounding area. For example, changes in topography of the land may be used effectively

to separate such facilities from adjacent residential uses.

Strategy 7: To provide for proper separation, adequate setback should be provided based

upon adjacent land uses and character of affected areas.

Strategy 8: The type of tower (e.g. Monopole, carillon, etc.) Should be evaluated based

upon adjacent land uses and character of affected areas.

Strategy 9: When the facility is no longer required, the owner should remove it and the land

restored to its natural state.

9.7.12 Confidentiality (amended addition 10/15/2019)

From the time that a uniform application is received by the planning commission, all

information contained in the application and any updates, except for any map or other

information that specifically identifies the proposed location of the cellular antenna tower

then being reviewed, shall be deemed confidential and proprietary within the meaning

of KRS 61.878. The planning commission shall deny any public request for the inspection

of this information, whether submitted under Kentucky’s Open Records Act or otherwise, except

when ordered to release the information by a court of competent jurisdiction, or

when and to the extent that confidentiality is waived in writing by the applying utility.

9.8 Solar Farms 10 ACRES OR MORE (amended addition 1/7/2020)

Zone district allowed: AG, I-1, & I-2

Use permit type: Conditional Use Permitted

Purpose: To allow large scale ground mounted solar power generation projects of 10 acres or

more to be permitted under CUP Application in an AG, I-1, & I-2 Zone District only.

Setbacks: 50 feet from any public road right-of-way

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250 feet from any abutting residential zoned properties, rural village

districts, churches, cemetery, school, or nursing home.

100 feet from any abutting internal or external AG zoned properties.

Height requirements: No structure may exceed the maximum height of 15 feet. However, under

special circumstances in the developmental plan phase the planning commission may approve a

wavier for up to a maximum 25 feet.

Required parking: 1 Space for every 2 employees on shift of greatest employment plus 1

space for every vehicle used in conduct of such use.

Development plan required: Yes

Development plan requirements: Must display the following:

1. The location and dimensions of all proposed areas for placement of solar panels,

screening and fencing and related structures.

2. Any preexisting structures on the same property and principle structures on other

properties that would affect placement of solar panels.

3. Parking and access areas.

4. Location of any proposed solar access easements.

5. Locations for wiring interconnections to system components.

6. Site access must be secured by a fence of at least 6 foot in height. A vegetative

landscape buffer may be provided between the fence and the property line under

the Planning Commission’s recommendation for location and type so as long as it

does not impair the system efficiency.

7. Site must adhere to the applicable sections of the international building code and

national electric code.

8. Any glare generated by the system must be mitigated or directed away from

adjoining property or adjacent roadway when it creates a nuisance or safety hazard

for passing motorist.

9. Decommissioning plan that describes the anticipated life of the solar farm, the

estimated costs in current dollars, the method for ensuring that the funds will be

available for decommissioning and restoration and the manner in which the farm will

be decommissioned and the site restored. Following a six-month period in which no

electricity is generated, the permit holder will have six months to complete de

commissioning of the solar farm. Decommissioning includes removing of solar

panels, buildings, cabling, electrical components, and any other associated

materials.

10. Property must be maintained to standards maintained within international property

maintenance codes and local ordinances. (added 1/7/2020)

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Article 10 Amendments

10.1 Amendments in General

10.1.1 Whenever, by public necessity, convenience, general welfare, or good zoning

practices require, the City of Franklin Board of Commissioners or the Simpson

County Fiscal Court may by ordinance, after receiving a recommendation thereon

from the Planning Commission, and subject to procedures by law, amend,

supplement, change or repeal these Zoning Regulations and boundaries or zoning

district classification of property. Because of procedural requirements, amendments

will be classified as either text amendments or zoning atlas map amendments.

10.1.2 Amendments to the text of these Zoning Regulations shall be made in accordance

with the provisions of this Article.

10.1.3 Amendments to a zoning atlas map shall be made in accordance with the

provisions of this Article.

10.1.4 Nothing in this Article shall be construed or implied as requiring the Franklin Board

of Commissioners or the Simpson County Fiscal Court to pass any amendment to

these Zoning Regulations contingent on the adoption or amendment of such zoning

regulation by the other legislative body.

10.2 Initiation of Amendments

10.2.1 A proposal for amendment to text of these regulations may originate with the

Planning Commission, Simpson County Fiscal Court or Franklin Board of

Commissioners, or the Board of Adjustment. Regardless of the origin of the

proposed text amendment, it shall be referred to the Planning Commission before

adoption.

10.2.2 A proposal for amendment to zoning atlas map may originate with the Planning

Commission, Simpson County Fiscal Court or Franklin Board of Commissioners, or

with an owner of the property in question. Regardless of the origin of the proposed

zoning map amendment, it shall be referred to the Planning Commission before

adoption.

10.3 Pre-Application Conference

a. Prior to formal application for amendment of the zoning atlas map, the applicant

and their attorney, must hold a conference with the administrative official to

discuss the application procedures. The pre-application conference shall also be

utilized to inform the applicant or their attorney, whether or not a general

development plan is required by these regulations and that a general

development plan must be to be

Franklin-Simpson County Zoning Regulations

submitted concurrently with the zoning map amendment, and whether the

Planning Commission will require a development plan, when such decision is at

the discretion of the Planning Commission. When the Planning Commission

determines that a development plan must be submitted it must be submitted

concurrently with the application for of the zoning map amendment.

b. At the time of the pre-application conference, the applicant and his attorney, must

be prepared to discuss: the general nature of the development, including size

and location of the property in question, the land uses proposed for the property;

the general size of the development, or in the case of residential units, the

number and type of dwelling units and the general location of these units; the

capacity of the utilities serving the property shall be stated and how the

property will have ingress and egress to the public road system.

c. No application will be accepted for a public hearing prior to the pre-application

conference being held and no pre-application conference may be scheduled for

any day which is a filing deadline.

10.4 Compliance with These Zoning Regulations

The administrative officer shall not accept any amendment for the zoning map amendment

that does not comply with the minimum lot area, width, or frontage requirements for the

zoning district where the amendment is proposed.

10.5 Public Hearing

The Planning Commission shall hold at least one (1) public hearing, after notice as

required by this Article and KRS Chapter 100, for any text or zoning map amendment.

10.6 Notice

The Planning Commission shall hold its public hearing, after the following notice has been

given:

10.6.1 Text Amendment

A Published notice of the public hearing is given in accordance with the provisions

of KRS Chapter 424.

10.6.2 Zoning Map Amendment

a. Published Notice: Published notice of the public hearing is given in accordance

with the provisions of KRS chapter 424. This published notice shall also include the

street address of the property in question. If a street address is not available or if it is

not practicable to use addresses, due to the number of addresses involved, a

geographic description sufficient to locate and identify the property may be used. In

addition, the names of two (2) streets on either side of the property which intersect

the street on which the property is located shall be given. When the property in

question is located at the intersection of two (2) streets, the notice shall designate

the

intersection by name of both streets rather than name the two (2) streets on either

side of the property.

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b. Sign Notice: A sign complying with the KRS 100.212 shall be posted,

conspicuously on the property with the classification of the proposed zoning

amendment fourteen (14) days immediately prior to the hearing. It shall be the

responsibility of the Planning Commission to see that the sign is placed on the

property in question in a timely fashion. The posted sign shall state the following:

“Zoning District Change” and the proposed classification change in letters three (3)

inches in height. The time, place and date of hearing shall be in letters at least one

(1) inch in height. The sign shall state the telephone number and address of the

Planning Commission.

c. Mail Notice: If the zoning map amendment is proposed by a property owner, the

notice of the hearing shall be given at least fourteen (14) days in advance of the

hearing, by First Class U.S. mail, to an owner of every parcel or property adjoining

to the property, the classification of which is proposed to be changed. It shall be the

duty of the person proposing the zoning map amendment to furnish to the Planning

Commission the names and addresses of the owners of all adjoining property.

Records maintained by the Property Valuation Administrator (PVA) may be relied

upon conclusively to determine the identity and address of the owner. If the property

is in condominium or cooperative forms of ownership, the person notified by mail

shall be the president or chairperson of the owner group which administers property

commonly owned by the condominium or cooperative owners. A joint notice may be

mailed to two co-owners of an adjoining property who are listed in the PVA’s records

as having the same address. If the property, the classification of which is proposed

to be changed, adjoins property in a different planning unit, or property which is not

part of any planning unit, notice of the hearing shall be given at least fourteen (14)

days in advance of the hearing, by registered mail to certain public officials, as

follows: (a) if the adjoining property is part of a planning unit, notice shall be given to

that unit’s planning commission; or (b) if the adjoining property is not part of a

planning unit, notice shall be given to the mayor of the City in which the property is

located or, if the property is in an unincorporated area, notice shall be given to the

judge/executive of the County in which the property is located.

If the zoning map amendment is proposed by the Planning Commission, the

Simpson County Fiscal Court or the Franklin Board of Commissioners, the notice of

the hearing shall be given at least thirty (30) days in advance of the hearing by First

Class mail, to an owner of every parcel of property adjoining the property, the

classification of which is proposed to be changes. It shall be the duty of the Planning

Commission, Fiscal Court or Board of Commissioners who is proposing the map

amendment to furnish the names and addresses of the owners of all adjoining

property to the Planning Commission. In all other respects the requirements for

notice

shall be the same as for a property owner, including use of PVA records, and notice

of adjoining jurisdictions.

10.7 Planning Commission Consideration and Action

All proposed amendments to the text of these Zoning Regulations or to a zoning map shall

be referred to the Planning Commission for study and recommendation. If a transcript of

Franklin-Simpson County Zoning Regulations

the minutes of the Planning Commission meeting is requested by a party, such transcript

shall be provided to the Planning Commission and the transcript provided shall constitute

the record of the Planning Commission. Any expense incurred by the Planning

Commission directly related to producing the transcript shall be borne by the requesting

party.

10.7.1 Text Amendment

a. The Planning Commission shall at its public hearing study the need and

justification for the proposed text amendment and shall make a recommendation

as to the text of the amendment and whether the amendment shall be approved

or disapproved and state in writing its reasons for its recommendation. If the

amendment originated with the Simpson County Fiscal Court or the Franklin

Board of Commissioners, the Planning Commission shall make its

recommendation within sixty (60) days of the date of its receipt of the proposed

amendment.

b. In making its recommendation, the Planning Commission shall state that it either

recommends the amendment by approved or that the amendment be

disapproved. Further, the Planning Commission shall state the reasons for its

recommendation. It shall take a majority of the entire Board of Commissioners of

the City of Franklin or the Fiscal Court of Simpson County to adopt the proposed

amendment.

10.7.2 Zoning Atlas Map Amendment

a. The Planning Commission shall at its public hearing, study the need and

justification for the proposed zoning map amendment, make findings of fact and

a recommendation of approval or disapproved of the proposed map amendment

to the Simpson County Fiscal Court or the Franklin Board of Commissioners,

which ever has jurisdiction. The findings of fact and recommendations shall

include a summary of the evidence and testimony presented by the proponents

and opponents of the proposed amendment. A tie vote shall be subject to

further consideration by the Planning Commission for a period not to exceed

thirty (30) days, at the end of which if the tie has not been broken, the

application shall be forwarded to the Simpson County Fiscal Court of Franklin

Board of Commissioners without a recommendation of approval or disapproval.

b. Before any zoning atlas map amendment is granted, the Planning Commission

and the Simpson County Fiscal Court or Franklin Board of Commissioners,

which ever has jurisdiction over the property in question, must find that the map

amendment is in agreement with the

community’s adopted comprehensive plan, or, in the absence of such a finding, that

one or more of the following apply and such finding shall be recorded in the minutes

and records of the Planning Commission and the legislative body.

i. That the original zoning classification given to the property was

inappropriate or improper.

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ii. That there have been major changes of an economic, physical or

social nature within the area involved which were not anticipated in

the community’s comprehensive plan and which have substantially

altered the basic character of such area.

iii. In the event that a Map amendment request is denied, the Planning

Commission shall not hear or accept a new application for a map

amendment request which is similar for the same property for a period

of two (2) years from the date of the public hearing in which the

original request was made.

10.8 Simpson County Fiscal Court or Franklin Board of Commissioners Study and Action

Before enacting any proposed amendments to the text of these Zoning Regulations or to a

zoning map, the Simpson County Fiscal Court or Franklin Board of Commissioners shall

consider the recommendation of the Planning Commission together with its written

comments, findings of fact, and summary of the evidence presented at the public hearing.

10.8.1 Text Amendment

It shall take an affirmative vote of a majority of the entire Simpson County fiscal

court or Franklin Board of Commissioners to adopt the proposed text amendment to

these regulations.

10.8.2 Zoning Map Amendment

a. It shall take a majority of the quorum of Simpson County Fiscal Court or

Franklin Board of Commissioners to adopt a zoning map amendment when

the Planning Commission forwards the application with a recommendation of

approval of the zoning map amendment.

b. It shall take the majority of the entire Simpson County Fiscal Court or Franklin

Board of Commissioners to adopt a zoning map amendment, whenever the

Planning Commission forwards the application to the Simpson County Fiscal

Court or Franklin Board of Commissioners without a recommendation of

approval or disapproval due to a tie vote.

c. It shall take a majority of the entire Simpson County Fiscal Court or Franklin

City Commission to override the recommendation of the Planning

Commission.

d. The Simpson County Fiscal Court or Franklin Board of Commissioners,

whichever has jurisdiction over the zoning map amendment, shall take final

action upon the proposed zoning map

amendment within ninety (90) days of the date upon which the Planning

Commission takes its final action upon such proposal.

e. Unless a majority of the entire Simpson County Fiscal Court or Franklin Board

of Commissioners votes to override the Planning Commission’s

recommendation, such recommendation shall become final and effective and

if a recommendation of approval was made by the Planning Commission, the

ordinance of the Simpson County Fiscal Court or Franklin Board of

Commissioners adopting the zoning map amendment shall be deemed to

have passed by operation of law.

Franklin-Simpson County Zoning Regulations

10.9 Certificate of Land Development

A certificate of land development shall be filed with the County Clerk by the administrative

official in accordance with the requirements of KRS 100.3681 through 100.3684.

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Article 11 Administrative Mechanisms and Enforcement

11.1 Appointment of Code Enforcement Officer

The provisions of these regulations shall be administered and enforced by the Code

Enforcement officer appointed by the Franklin Board Commissioners or the Simpson

County Fiscal Court. The Code Enforcement officer may have the assistance of the

Administrative Official or such other persons as the Planning Commission appoint in

carrying out the duties assigned to them.

The Code Enforcement Officer shall have the power to make inspection or examinations of

buildings and premises necessary to carry out his duties in the enforcement of these

regulations. In the performance of his duties, the Code Enforcement officer, may enter

upon any land and make surveys that do not cause damage or injury to private property. In

addition to his/ her authority elsewhere in the City or County Code of Ordinances, the

Code Enforcement Officer shall have the powers set forth in article 11.2.2, 11.2.4, and

11.2.5.

For purposes of this Article 11, Code Enforcement officer means Property Maintenance

Code Enforcement Officer, Community Development Director, or other public law

enforcement officer that has been given specific authority to issue a citation for violations

of these regulations or other city or county ordinances.

11.2 Powers and Duties of Administrative Official

The Administrative Official shall be a person recommended for the position by the

Planning Commission and appointed and approved by the Board of Commissioners of the

City of Franklin and the Simpson Fiscal Court. The Zoning Administrative Official shall

have the following powers and duties.

11.1.1 Make and Keep Permanent Records

To make and keep accurate records in a permanent file of all actions necessary and

appropriate for the administration of these regulations. These records shall include,

but not be limited to, the issuance of building permits, certificates of occupancy,

inspection violations, stop orders, applications for hearing before the Planning

Commission, and condemnations.

11.2.2 Enforcement

To enforce these regulations and take all necessary steps to remedy any found in

violation of the provisions of these regulations.

11.2.3 Collect Fees

Collect any fees authorized by these regulations.

11.2.4 Inspection of Buildings and Lands

Make inspections of any building or land to determine if violations of these

Zoning Regulations have been committed or exist.

Franklin-Simpson County Zoning Regulations

11.2.5 Citations for Violations

To issue civil citations for violations of these Zoning Regulations which the Code

Enforcement Officer or Administrative Official has observed the provisions set forth

in these regulations shall be in lieu of any penalties set forth in KRS Chapter 100,

specifically, KRS 100.991. The procedure for citations issued by the Code

Enforcement Officer or Administrative Official shall be provided in the City or County

Code of Ordinances, depending on where the property is located.

11.3 Building Permits Relative to Zoning

No building permit shall be issued by the building inspector except in conformity with the

provisions of these regulations unless he has a written order from the Board of Adjustment

in the form of an administrative review decision, a conditional use permit, or dimensional

variance as provided under the provisions of Article 12.

11.4 Building Permits Required

It shall be unlawful to begin the excavation for or the construction and erection of any

structure until the building inspector has issued a building permit for such work. It shall be

unlawful to begin moving, adding to, or structurally altering any structure, until the building

inspector has issued a building permit for such work. No excavation, cut or fill of earth or

debris, shall hereafter be undertaken, until the building inspector has issued a permit for

such excavation, cut or fill. Excavation related to agricultural uses, for public utilities, and in

an approved subdivision shall not require such permits.

11.5 Exceptions When Building Permits Not Required

No building permit or certificate of occupancy shall be required in the following cases:

11.5.1 Recurring maintenance work;

11.5.2 Those buildings and uses exempted by these regulations; and,

11.5.3 Installation of required improvements according to an approved

subdivision plat.

11.6 Procedure for Obtaining Building Permit

11.6.1 Application

The property owner or their designated representative may apply for a building

permit. The administrative official may require that the application be filed on a form

and in a manner approved by the Planning Commission. The application for a

building permit shall be filed with the administrative official at the office of the

Planning Commission. In applying to the administrative official for a building permit,

the applicant shall submit a plan drawn to scale showing the dimensions of the lot to

be built upon, the

outside dimensions of all buildings to be constructed or altered and all existing

buildings, the use of buildings, yard depths, and any other information necessary for

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determining conformance with these regulations. The Simpson County health

officer’s certificate approving proposed water and sewerage facilities and a

plumbing permit from the state plumbing inspectors must accompany the

application.

11.6.2 Issuance

If the proposed construction or alteration conforms with all applicable provisions of

these Zoning Regulations and all other applicable ordinances, regulations and

codes, the administrative officer shall issue a building permit authorizing such

construction or alteration. If the proposed construction or alteration fails to conform,

the administrative officer shall refuse to issue a building permit and shall deliver

written notice to the applicant stating the reasons for the refusal. The administrative

official shall act upon applications for building permits within two (2) weeks from the

date of their submission.

11.6.3 Validity

The issuance of a building permit by the administrative official shall not waive any

provisions of these regulations.

11.6.4 Duration

A building permit shall become void (180 DAYS) from the date of issuance unless

substantial progress has been made by that date on the construction or alteration

authorized therein. A building permit may be renewed without fee upon review by

the administrative officer before it becomes void.

11.7 Certificate of Occupancy

It shall be unlawful to use or otherwise occupy any land, building, or other building or part

thereof until the administrative officer shall have issued a certificate of occupancy.

11.8 Procedure for Obtaining a Certificate of Occupancy

11.8.1 Application

The property owner or their designated representative may apply for a certificate of

occupancy. The administrative official may require that the application be filed on a

form and in a manner approved by the Planning Commission. The application for a

certificate of occupancy shall be filed with the administrative official at the office of

the Planning Commission.

11.8.2 Time Limit For Conducting Final Inspection

Within one (1) week of notification, by the owner of the property, that the land,

structure, or part of the premises thereof is ready for occupancy or use, it shall be

the duty of the administrative officer to make a final

inspection. Upon completion of the final inspection the administrative officer shall

issue in writing either:

Franklin-Simpson County Zoning Regulations

a. A certificate of occupancy which states that the land, building or part

thereof may be occupied. The certificate of occupation shall state that

the proposed use thereof has been found to conform to the provisions

of these regulations.

b. A letter denying the certification of occupancy. In the event to

administrative official denies the certificate of occupancy, the

administrative official shall inform the owner of the property of the

reason for denial.

11.9 Exceptions When Building Permits Not Required

No certificate of occupancy shall be required for recurring maintenance work, or for the

installation of required improvements according to an approved subdivision plat.

11.10 Temporary Certificates of Occupancy

Upon the request of the holder of a building permit, a temporary certificate of occupancy

shall be issued before the completion of the entire work covered by the permit provided

that such portions shall be occupied safely prior to full completion of the structure without

endangering life or public welfare. Any occupancy permitted to continue during the work

shall be discontinued within 30 days after completion of the work unless a certificate of

occupancy issued by the administrative official.

11.11 Certificate of Occupancy for Existing Use or Building

Upon application from the owner or tenant, and upon inspection to determine the facts in

the case, the administrative official shall issue a certificate of occupancy for any building,

premises or use, certifying that the building, premises or use is in conformity with the

provisions of these regulations or that a legal non-conformity exists as specified in the

certificate.

11.12 Use and Building to Be As Provided In Building Permits, Development

Plans, and Certificates of Occupancy

Building permits or certificates of occupancy issued on the basis of plans and applications

approved by the administrative official authorize only the use, arrangement and

construction set forth in such permits, plans and certificates, and no other. The use,

arrangement, or construction at variance with that authorized shall be deemed a violation

of these regulations.

11.13 Complaints Regarding Violations

Whenever a violation of these regulations occurs, or is alleged to have occurred, any

person may file a written complaint. Such complaint stating fully the causes and basis

thereof shall be filed with the administrative official. The administrative official or Codes

Enforcement Officer shall record properly such complaint, immediately investigate, and

take action thereon as provided by these Zoning Regulations.

11.14 Penalties for Violations

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11.14.1 Any person or entity that violates any of the provisions of these regulations

for which no other penalty is provided, shall incur a civil fine no less than ten

dollars ($10) but no more than five hundred dollars ($500) for each violation.

11.14.2 Any person, owner, or agent who violates these regulations shall incur a civil

fine no less than one hundred dollars ($100) nor more than five hundred

dollars ($500) for each lot or parcel which was the subject of sale or transfer,

or a contract for sale or transfer.

11.14.3 If no building permit has been issued and a builder begins or continues to

build, a restraining order may be obtained upon application to the proper

court. The record and evidence of the lack of a building permit shall establish

a prima facie case for the issuance of the restraining order.

11.14.4 For all purposes under these regulations, in cases of a continuing violation,

each day a violation occurs or is allowed to remain shall constitute a

separate and distinct offense.

11.14.5 In addition to all sums set forth in this section for fines, the person found to

have committed the violation and /or owner of the property shall be liable

and/ or responsible for all abatement fees and/ or fees for remedying the

violation.

11.15 Appeals From Decisions Of Local Building And/Or Electrical Inspector

a. Establishment of the Inspector Appeals Board: Pursuant to KRS

198B.070(3), any party to a decision by the local building or electrical

inspector may appeal that decision to the local appeals board which shall be

known as the “Inspector Appeals Board.” This Board shall consist of five (5)

members who are technically qualified and have professional experience

related to the building industry.

b. Membership on the Appeals Board, How Appointed, and Miscellaneous

Provisions: The Inspector Appeals Board members shall be chosen as

follows;

i. Three (3) members shall be chosen by the County Judge Executive

with approval from the Simpson Fiscal Court; and,

iii. Two (2) members shall be chosen by the Mayor of the City of Franklin

with approval from the Franklin City Commission.

iv. Term of Office: The initial members appointed by the County Judge

Executive shall serve a term of one (1), two (2), or three (3) years at the

discretion of the County Judge Executive with the approval of the Simpson

Fiscal Court. Likewise, the initial members appointed by the Mayor shall serve a

term of one (1) or two (2) years at the discretion of the Mayor with the approval

of the Franklin City Commission. After the initial term, all members shall serve

for a term of three (3) years. Further, any member may be reappointed subject

to the approval of the respective legislative body.

Franklin-Simpson County Zoning Regulations

v. Removal from Office: A board member may be removed from office

by the legislative authority for misconduct, inefficiency, or willful

neglect of duty. The legislative authority shall submit a written

statement to the member and the legislative body setting forth the

reasons for removal. The member so removed shall have the right of

appeal to the Circuit Court.

vi. Oath of Office: Members of the board shall, before entering upon the

duties of their office, take the oath of office as prescribed by Section

228 of the Kentucky Constitution.

(A) Time for Appeal and Hearing: Upon receipt of an appeal from a qualified

party, the Inspector Appeals Board shall convene a hearing to consider the

appeal within fifteen (15) days of receipt. All parties to the appeal shall be

notified of the time and place of the hearing by letter mailed certified mail no

later than ten (10) days prior to the date of the hearing. The Building

Inspector Appeals Board shall render a decision within five (5) working days

after the hearing.

(B) Results of Building Inspector Appeals Board Decisions and Appeals from

the Board: The Inspector Appeals Board may uphold, amend, or reverse the

decision of the City/County building inspector. There is no appeal from the

Building Inspector Appeals Board other than by appeal to the

Commonwealth of Kentucky Board of Housing, Buildings, and Construction

pursuant to KRS 198B.070.(added 5/5/2020)

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Article 12 Board of Adjustment

12.1 Powers and Duties

The Board of Adjustment shall possess those powers and duties as established by KRS

Chapter 100.217 through 100.271. More specifically, the Board of adjustment shall have

the following powers and duties:

12.1.1 General Powers

a. Issue subpoenas to compel witnesses to attend its meetings and give evidence

bearing upon the questions before it.

b. The chairperson shall have the power to administer oaths to witnesses prior to

their testifying before the Board of Adjustment on any issue.

c. The Board of Adjustment shall prescribe the procedures to be followed at its

public hearings. No information offered at a hearing of the Board of Adjustment

shall be excluded for failure to follow judicial rules of evidence.

d. Members of the Board of Adjustment may visit a site pertinent to a public hearing

prior to the final decision of the Board of Adjustment.

e. All information allowed to be received shall constitute evidence upon which

action may be based.

12.1.2 Conditional Uses

Hears and decide applications for conditional use permits.

12.1.3 Variance

Hears and decide on applications for variances.

12.2 Administrative Procedures

12.2.1 Administrative Procedures Applicable To All Duties of the Board of

Adjustment

a. All applications for decisions by the Board of Adjustment must be made in writing

and submitted to the Board of Adjustment by filing a copy of the application and

drawing with the administrative officer at the office of the Planning Commission.

b. When required by these regulations, it shall be the duty of the applicant to furnish

to the Board of Adjustment the name and address of those parties entitled to

receive written notice of a public hearing before the Board of Adjustment.

Records maintained by the property valuation administrator may be relied upon

conclusively to determine the identity and address of said owner. In the event

such property is in

Franklin-Simpson County Zoning Regulations

condominium or cooperative forms of ownership, then the person notified by mail

shall be the president or chairperson of the owner group which administers

property commonly owner by the condominium or cooperative owners.

c. Notice of every public hearing shall be given in accordance with the requirements

of KRS Chapter 424.

d. When written notice of a public hearing is required, the written notice shall be by

First Class mail. The Board of Adjustment’s secretary or other officer as may be

designated by the Board of Adjustment shall certify that the notice was mailed in

accordance with the requirements of KRS Chapter 100 and these regulations.

e. All interested parties may appear and shall be given an opportunity to be heard.

The affected party may appear at the hearing in person or by attorney.

f. The Planning Commission shall adopt a schedule of fees for all requests for

appeals, interpretations, conditional use permits, and variances.

g. All request for appeals granted, interpretations, conditional use permits

approved, or variances granted by the Board of Adjustment shall be recorded, at

the expense of the applicant, in the office of the Simpson County Clerk.

h. A certificate of land use restriction of each request for interpretation, conditional

use permit approved or variance approved by the Board of Adjustment shall be

recorded in the office of the Simpson County court clerk in accordance with KRS

Chapter 100.3681 through 100.3684. The cost of recording the certificate of land

use restriction shall be at the expense of the applicant.

12.2.2 Filing Procedures for Conditional Use Permits

a. Applications for conditional use permits may be filed by any person having the

legal authority to act in accordance with the permit. The request for a conditional

use permit must be taken prior to commencing the specific land use requiring a

conditional use permit.

b. The application for a conditional use permit shall include the application form and

a plan. The plan, drawn to scale, shall show as a minimum, the dimensions of

the lot to be built upon, the outside dimensions of all existing buildings and all

buildings to be constructed or altered. In addition, the use of buildings, yard

depths, and any other information necessary in order to refer a decision on the

conditional use permit.

c. The Board of Adjustment shall give written notice to the applicant, the

administrative official and an owner of every parcel of property adjoining the

property to which the application applies. The notice shall contain the time,

location, and date of the public hearing when the

conditional use permit will be heard. The written notice shall be given at least

(14) days in advance of the public hearing.

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d. The Board of Adjustment shall hold a public hearing within thirty (30) days of the

receipt of an application for conditional use permit. Within sixty (60) days of the

date of the public hearing, the Board of Adjustment shall take final action on the

request for interpretation.

12.2.3 Notice Requirements for Conditional Use Permits

a. The Board of Adjustment shall give written notice to the applicant, the landowner

and owner of every parcel of land adjoining property to which the application

applies, and the administrative official at least fourteen (14) days prior to the

hearing.

b. Posted sign: a sign, stating the proposed conditional use, the time, date and

location of the public hearing shall be posted, conspicuously on the property for

which the conditional use is provided, fourteen (14) days prior to the public

hearing. The secretary of the board of adjustment or other person appointed by

the Board of Adjustment shall post the sign.

12.2.4 Time Limit for Exercising Conditional Use Permits Following Approval

In any case where a conditional use permit has not been exercised within the time

limit set by the Board of Adjustment, or within one (1) year from its date of issuance,

if no specific time limit has been set, the Board of Adjustment may reverse the

approval of a conditional use permit. Such conditional use permit shall not revert to

its original designation unless the Board of Adjustment has held a public hearing.

Once there is a public hearing, the conditional use permit shall be revoked by the

Board of Adjustment unless it determines that there are unusual circumstances that

warrant the issuance of a new conditional use permit. The procedure for issuing the

new conditional use will be the same manner as the original requested conditional

use.

12.2.5 Conditional Use as a Permitted Use

Once the Board of Adjustment has completed a conditional use permit and all of the

conditions required are of such a type that they can be completely and permanently

satisfied, the administrative official, upon request of the applicant, may, if the facts

warrant, make a determination that the conditions have been satisfied, and enter

the facts which indicate that the conditions have been satisfied and enter the

conclusion in the margin of the copy of the conditional use permit which is on file

with the Simpson County Clerk. Thereafter said use, if it continues to meet the other

requirements of these Zoning Regulations will be treated as a permitted use.

12.2.5 Special Notice Requirements for Appeals

The Board of Adjustment shall give written notice to the appellant and the

administrative official at least seven (7) days prior to the hearing.

12.2.6 For Appeals

a. When an appeal is filed, the administrative official shall forthwith transmit to the

Board of Adjustment all the papers constituting the record relating to the action

appealed from in a timely fashion prior to the hearing.

Franklin-Simpson County Zoning Regulations

b. The administrative official shall be treated as and be the respondent at the

hearing before the Board of Adjustment.

c. At the public hearing on the appeal held by the Board of Adjustment, any

interested person may appear and enter his appearance, and all shall be given

an opportunity to be heard.

d. With respect to appeals, the Board of Adjustment may reverse or affirm in whole

or in part, or may modify the order, requirement or decision or

determination appealed from and shall make any order, requirement, decision or

determination that in its opinion ought to be make in the case before it. Provided,

however, that any appeals filed pursuant to this article 12 shall be only for

matters relating to variances, conditional uses of property, or issuance or denial

of issuance of building permits. All other violations of these regulations for which

citations are issued shall be handled in accordance with Article 11 hereinabove.

Further, a decision on appeal shall be made within sixty (60) days from the

hearing date in accordance with KRS 100.263. The affected person shall appear

in person or by attorney.

12.2.8 Filing Procedures for Variance

a. Applications for a variance will be accepted only from a property owner. The

applicant for a variance shall bear the burden of showing in the application that

sufficient specific facts exist which would permit the Board of Adjustment to grant

the variance.

b. The application for a variance shall include the application form and a drawing.

The drawing, prepared to scale shall contain the following information as a

minimum: the location of all existing buildings and property boundary lines, the

location of the variance, the dimensions of the variance being requested, and any

new or intended new buildings. The Board of Adjustment may require additional

information from the applicant in order to complete its deliberations.

c. The Board of Adjustment shall give written notice to the applicant, the

administrative official and an owner of every parcel of property adjoining the

property to which the application applies. The notice shall contain the time,

location, and date of the public hearing when the variance will be heard. The

written notice shall be given at least fourteen (14) days in advance of the public

hearing.

d. The Board of Adjustment shall hold a public hearing within thirty (30) days of the

receipt of an application for a variance. Within sixty (60)

days of date of the public hearing, the Board of Adjustments shall take final

action on the request for interpretation.

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12.2.9 Public Notice Requirements for Variances

The Board of Adjustment shall give written notice to the applicant, the administrative

official, and the owner of every parcel of property adjoining the property to which the

application applies. Written notice shall be given at least fourteen (14) days in

advance of the public hearing.

12.3 Hearings before the Board of Adjustments

12.3.1 For Request for Conditional Use Permits

a. The Board of Adjustment shall have the power to hear and decide applications

for conditional use permits to allow the proper integration into the community

uses which are specifically named in these Zoning Regulations which may be

suitable only in specific locations in the zoning district only if certain conditions

are met.

b. The Board of Adjustment may approve, modify, or deny any application for a

conditional use permit. If it approves such permit, it may attach necessary

conditions such as time limitations, requirements that one or more things be done

before the request can be initiated, or conditions of a continuing nature. Any such

conditions shall be recorded in the Board of Adjustment’s minutes and on the

conditional use permit, along with a reference to the specific section in these

Zoning Regulations listing the conditional use under consideration.

Granting of a conditional use permit does not exempt the applicant from complying with

all the requirements of building, housing and other regulations.

12.3.2 Revocation of Conditional Use Permit

a. The Board of Adjustment has the power to revoke a conditional use permit if the

landowner for non-comply with the conditions thereto. Furthermore, the board

shall have the right of action to compel offending buildings or uses removed at

the cost of the violator and may have judgment in person for such cost.

b. Procedure: The administrative officer shall review all conditional use permits,

except those for which all conditions have been permanently satisfied, at least

once annually or more often if requested by the Board of Adjustment, to

determine if the all conditions which were listed on the conditional use permit are

being met.

c. Power to inspect: The administrative officer shall have the power to inspect the

land or building where the conditional use is located in order to ascertain that the

landowner is complying with all the conditions which are listed on the conditional

use permits.

d. Report of violation: If the landowner is not complying with all the conditions listed

on the conditional use permit, the administrative officer shall report the fact in

writing to the chairperson of the Board of Adjustment. The report shall state

specifically the manner in which the landowner is not complying with the

conditions on the conditional use permit, and a copy of the report shall be

Franklin-Simpson County Zoning Regulations

furnished to the landowner at the same time that it is furnished to the chairperson

of the Board of Adjustment.

e. Public hearing: The Board of Adjustment shall hold a hearing on the report within

thirty (30) days of receipt of the report, and notice of the time and place of the

hearing shall be furnished to the landowner at least one (1) week prior to the

hearing.

f. Action of the Board of Adjustment: If the Board of Adjustment finds that the facts

alleged in the report of the administrative officer are true and that the landowner

has taken no steps to comply with them between that date of the report and the

date of the hearing, the Board of Adjustment may authorize the administrative

officer to revoke the conditional use permit and the Board of Adjustment shall

take the necessary legal action to cause the termination of the activity on the

land which the conditional use permit authorizes.

12.4 Request for Variance

12.4.1 The Board of Adjustment may approve or deny any application for a variance. In

granting a variance, the Board of Adjustment may attach thereto such conditions

regarding the location, character and other features of the proposed building,

building or use as it may deem advisable in the furtherance of the purposes of these

regulations.

12.4.2 Findings Necessary To Grant A Variance

Before any variance is granted, the Board of Adjustment must find that the granting

of the variance will not:

a. Adversely affect the public health, safety, or welfare, will not alter;

b. Alter the essential character of the general vicinity;

c. Cause a hazard or a nuisance to the public;

d. Allow an unreasonable circumvention of the requirements of these Zoning

Regulations.

In making these findings, the Board of Adjustment shall consider whether:

e. For a lot of record:

i. That the lot of record is of an unusual shape, smallness of size or other

extraordinary physical conditions not of the making of the property owner

or their predecessor in title.

ii. That the property owner is deprived of a reasonable capacity to

use the land in a manner equivalent to the use permitted other

landowners whose land is in the same zoning district classification.

iii. That the conditions which warrant a variance existed at the time these

zoning regulations were adopted.

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Franklin-Simpson County Zoning Regulations

f. For other variances (such as the height of a building on a conforming lot or the

size of an open space):

i. The requested variance arises from special circumstance which do not

generally apply to land in the general vicinity, or in the same zoning

district classification;

ii. The strict application of the provisions of the Zoning Regulations would

deprive the applicant of the reasonable use of the land or would create

and unnecessary hardship on the applicant; and

iii. The circumstances are the result of actions of the applicant taken

subsequent to the adoption of these Zoning Regulations.

12.4.3 Variances Which Are Prohibited

The Board of Adjustment shall not possess the power to:

a. Grant a variance to permit a use of any land, or building which is not

permitted in the zone district where the property is located;

b. Permit a use not authorized by these regulations;

c. Alter the density requirements of the zoning district where the property is

located;

d. Permit the expansion of a nonconforming use.

12.4.4Granting a Variance

The approval granted by the Board of Adjustment must contain the following:

a. A listing of the specific conditions in detail which are unique to the applicant’s

land and do not exist on other land in the general vicinity or in the same zoning

district.

b. The manner in which the strict application of the provisions of these regulations

would deprive the applicant of the reasonable use of the land in the manner

equivalent to the use permitted other landowners in the same zoning district.

c. That the unique conditions and circumstances are not the result of actions of the

applicant taken after the adoption of these Zoning Regulations.

d. Reasons that the variance will preserve and not harm the public safety and

welfare and will not alter the essential character of the neighborhood.

12.4.5 Variance Runs With the Land

A variance applies to the property for which it is granted, and not to the individual

who applied for it. The variance runs with the land and is transferable to any future

owner of the land but may not be transferred by the applicant to a different site.

12.4.6 Denied Conditional Use Application or Variance

Request and/or Subsequent Appeal Request

Franklin-Simpson County Zoning Regulations

In the event that a conditional use permit request and or the subsequent appeal

request or a variance request and or the subsequent appeal request is denied the

Board of Adjustment shall not hear or accept a new application request which is

similar for the same property for a period of two (2) years from the date from which

the request and or appeal was denied.

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Franklin-Simpson County Zoning Regulations

Article 13 Development/Site Plans

13.1 Purpose for Development Plans

The purpose of this Article is to establish and define a development plan. A development

plan is a review procedure whereby the Planning Commission affords the applicant the

opportunity to:

Demonstrate to the Planning Commission the character and objectives of the proposed

development;

There is sufficient capacity of community facilities and services to adequately provide for

the proposed development and the proposed development will not adversely impact or

over burden those services.

Demonstrate there will be no adverse impact on the character of the neighborhood.

Demonstrate there will be no adverse impact on the community.

Provide the Planning Commission adequate detail for it to evaluate the proposed

development and determine what shall be binding on the use and development of the

property.

The Article outlines the content and procedure for submission, review, and approval of all

development plans required by these regulations and subdivision regulations.

13.2 Where Required

As a condition to the granting of any amendment to the zoning map, the Planning

Commission shall require the submission of a conceptual development plan. Applications

for any proposed zoning district amendment to the zoning map shall include a conceptual

development plan in accordance with the provisions of this Article when proposed

amendment is for:

13.2.1 Residential zoning proposal of ten (10) acres or more;

13.2.2 Industrial zoning proposal of five (5) acres or more;

13.2.3 Multiple principal buildings for residential use are proposed in single ownership, on

a single lot, or which contains commonly owner lands which are governed by a

horizontal (condominium) property regime (KRS Chapter 381.805 through 381.910);

13.2.4 Manufactured Home Park or subdivision;

13.2.5 Multiple building developments are proposed;

13.2.6 Buildings containing multi-family residential dwelling units are proposed;

Franklin-Simpson County Zoning Regulations

13.2.7 All new commercial developments or conversions within a B-1, B-2,

B-3, B-4, B-5, or OP zoning districts.

13.2.8 When the Planning Commission requires a development plan to be filed in

conjunction with any other request for a zoning district map amendment, the

Planning Commission must find there exists issues associated with the application

that could have an adverse impact the neighborhood where it is proposed to be

located. These issues may include substantial flooding or drainage problems, need

for public sanitary sewage, traffic, topographic, land use or buffering.

13.2.9 Additionally, the Planning Commission may require a development plan be filed

when it has determined there is a pattern of requests for zoning district

amendments intended to avoid the filing of a development plan.

13.3 Development Plans for Land Within the Franklin-Simpson Industrial Authority

Land within the planned Industrial Park Authority jurisdiction and which is subject to the

Industrial Authorities Planning Covenants shall not require development plan approval by

the Planning and Zoning Commission and are therefore subject to city ordinances and

regulations regarding streets, utilities, and storm water runoff. At the time of the rezoning

request by Industrial Authority for land intended for industrial park use, an overlay district

shall be established to identify the property as land under the Industrial Board’s Authority

which is to be included in the Industrial Park system.

13.4 Relationship to Subdivision Regulations

The relationships between development plans and the subdivision regulations are

established as follows:

13.4.1 Applicability of Subdivision Regulations

Although development plans are not subdivision plats, quite often the development

plan does indicate a need or intent to subdivide property. For any development

plan, the design and improvement standards contained within the Simpson County

Subdivision Regulations shall be applied to proposals contained on the

development plan.

Article 14 Landscape and Land Use Buffers

14.1 Intent

The intent of this Article is to improve the appearance of vehicular use areas and property

abutting public rights-of-way; to require buffering between non-compatible land uses; and

to protect, preserve, and promote the aesthetic appeal, character, and value of the

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Franklin-Simpson County Zoning Regulations

surrounding neighborhoods; to promote public health and safety through the reduction of

noise, pollution and light glare.

14.2 Sites Affected

14.2.1 New Development

Any new development, building, structure or vehicular use area (VUA) hereafter

created and used in a district requiring landscaping to be provided as required by

the provisions of this Article.

14.2.2 Existing Sites

No building, structure, or vehicular use area may be enlarged or expanded unless

the minimum landscaping required by the provision of this Article is provided when

the expanded area is for a multi-family, commercial or industrial land use. The

provisions of this Article will apply only to the area altered or expansion and not for

the entire property.

14.3 Where Landscape Materials Required

14.3.1 The minimum requirements that shall be met in regard to interior and perimeter

landscaping for non-compatible land use areas.

14.3.2 Unless otherwise provided, landscape materials shall be installed to provide a

minimum of fifty (50) percent winter opacity, between one (1) foot above finished

grade level to the top of the required planting, hedge, fence, wall, or earth mound

within four (4) years after installation.

14.3.3 A landscape easement shall be required as a buffer between non-compatible zones

and between particular non-compatible land uses. Such easement shall be located

adjacent to all common boundaries except street frontage, unless otherwise

specified. The following situations shall require landscape easements:

a. When any other residential zone district adjoins any R-5 zoning district.

b. When a residential zoning district abuts any business or industrial zoning district.

c. When a residential zoning district abuts any railroad or interstate highway rights-

of-way.

d. When any residential zone district adjoins a utility substation, salvage yard, land

fill, sewage treatment plan, or similar use.

e. Where landscaping may be requested as a visual buffer to improve the

aesthetics of an area as recommended by the Planning & Zoning Board.

14.3.4 The minimum landscape easement shall be as specified in the zoning district

regulations.

14.4 Trees, Planting, Hedge, Fence, Wall, or Earth Mound

Franklin-Simpson County Zoning Regulations

14.4.1 Within the landscape easement, one tree per forty (40) feet of linear boundary, or

fraction there of shall be required.

14.4.2 Landscaped buffers required by specific district regulations shall be a continuous

planting, hedge, fence, wall, or earth mound at least six (6) feet in height.

14.4.3 Grass or ground cover shall be planted on all portions of the landscape easement

not occupied by other landscape material.

14.4.4 Alternative landscaping designs may be proposed or suggested by the local

Planning & Zoning Board

14.5 Landscaping At Driveways and Street Intersections

To ensure that landscape materials do not constitute a driving hazard, a site visibility

triangle. Reference 7.8.2 and 7.8.3, shall be observed at all street intersections or

intersections of driveways or alleys with streets. No landscaped buffer is required in these

areas.

14.6 Maintenance and Installation

14.6.1 All landscaping buffers shall be installed in a sound, workmanship like manner and

according to accepted good construction and planting procedures. The owner of the

property shall be responsible for the continued proper maintenance of all

landscaping buffer areas and shall keep them in a proper, neat, and orderly

appearance, free from refuse and debris at all times. All unhealthy or dead plant

material shall be replaced within three (3) months. Deteriorating or missing

materials from a fence shall be repaired, replaced, or refurbished within thirty (30)

days.

14.7 Violations

Violation of these installation and maintenance provision shall be grounds for citation by

the administrative official as set forth in Article 11.

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Franklin-Simpson County Zoning Regulations

INDEX

Accessory apartment..................................................................................................................................................10, 106, 107

Accessory building...............................................11, 16, 22, 55, 58, 60, 61, 62, 68, 69, 78, 80, 81, 83, 85, 87, 88, 92, 94, 98, 104

Accessory use.............................................................................................................10, 50, 68, 69, 81, 83, 85, 87, 88, 92, 94, 98

Administrative Officer. . .8, 20, 22, 28, 65, 78, 80, 102, 105, 107, 109, 118, 119, 124, 125, 126, 127, 128, 129, 130, 131, 134, 142

Adult oriented uses..........................................................................................................................................................22, 24, 109

Agricultural.............................................................................................11, 20, 21, 62, 63, 66, 67, 68, 69, 89, 91, 94, 98, 108, 126

Agricultural building.............................................................................................................................................................. 11, 63

Agricultural use...............................................................................................................7, 11, 62, 63, 66, 68, 70, 89, 98, 108, 126

Alley.........................................................................................................................................................11, 26, 46, 48, 59, 63, 142

Alteration..................................................................................................8, 11, 12, 13, 30, 31, 45, 55, 56, 104, 122, 126, 132, 141

Apartment.....................................................................................................10, 11, 14, 49, 56, 66, 73, 74, 81, 83, 84, 86, 101, 106

Attached dwelling...........................................................................6, 10, 11, 13, 14, 18, 20, 49, 61, 67, 70, 71, 73, 74, 76, 78, 106

B-1 Central Business District............................................................................................................49, 66, 69, 81, 82, 101, 140

B-2 General Business District......................................................................................................................66, 69, 82, 101, 140

B-3 Neighborhood Business District...........................................................................................................66, 84, 89, 101, 140

B-4 Highway Business District...........................................................................................................................66, 86, 101, 140

B-5 Interstate Interchange District............................................................................................................................66, 88, 140

Board of Adjustment11, 13, 27, 28, 30, 31, 70, 71, 74, 75, 76, 83, 85, 87, 88, 90, 92, 94, 98, 102, 103, 104, 106, 108, 112, 118, 126, 130, 134,

136

Boarding house....................................................................................................................................................11, 49, 71, 74, 75

Building7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 28, 29, 30, 31, 32, 45, 46, 51, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 67, 68, 69, 73,

74, 78, 79, 80, 81, 83, 84, 86, 88, 90, 91, 94, 95, 98, 101, 103, 106, 112, 114, 125, 126, 127, 128, 129, 132, 135, 136, 139, 141

Building area..........................................................................................................................................................................11, 55

Building codes.............................................................................................................................................................................58

Building height..................................................................................................................................................... 11, 15, 61, 62, 65

Building permit........................................................................................................12, 28, 59, 63, 78, 80, 102, 115, 126, 128, 129

Building setback line................................................................................................................................................. 58, 60, 63, 68

Cell tower............................................................................................................................................................................. 25, 114

Certificate of occupancy.....................................................................................................................................12, 126, 127, 128

Child care facility.................................................................................10, 12, 13, 52, 53, 71, 72, 74, 75, 76, 82, 83, 87, 88, 92, 95

Clinic....................................................................................................................................................12, 17, 53, 70, 82, 83, 86, 90

Collector street.................................................................6, 10, 16, 17, 21, 26, 46, 48, 49, 58, 59, 63, 77, 79, 87, 89, 93, 120, 142

Conditional use.....................................................9, 11, 13, 32, 68, 69, 81, 83, 85, 87, 88, 90, 92, 94, 98, 126, 130, 131, 133, 135

Conditional use permit.....................................................................................................................9, 32, 126, 130, 131, 133, 135

Conservancy zoning district.................................................................................................................................................56, 98

Corner lot....................................................................................................................................................................16, 17, 58, 60

Day care center...........................................................................................................10, 12, 13, 52, 53, 72, 74, 75, 76, 82, 83, 88

Detached dwelling....................................................................................................10, 13, 14, 18, 20, 49, 67, 70, 71, 73, 76, 106

Development6, 7, 8, 9, 13, 14, 15, 18, 19, 21, 24, 45, 46, 49, 54, 55, 57, 58, 60, 63, 66, 69, 70, 71, 73, 74, 75, 78, 80, 81, 82, 84, 86, 88, 90, 91,

93, 94, 96, 97, 101, 118, 124, 128, 139, 140, 141

Development plan6, 7, 8, 9, 10, 14, 15, 18, 21, 24, 29, 45, 46, 49, 54, 55, 57, 58, 60, 63, 65, 66, 69, 70, 71, 73, 74, 76, 78, 79, 80, 81, 82, 84,

86, 88, 90, 91, 93, 94, 96, 97, 101, 118, 126, 128, 139, 140, 141

Drainage....................................................................................................................................................7, 10, 56, 78, 80, 96, 140

Drainage plan........................................................................................................................................................................ 78, 80

Drainage regulations.........................................................................................................................................................7, 78, 80

Duplex....................................................................................................................................................... 13, 14, 49, 66, 68, 71, 73

Dwelling8, 10, 11, 12, 13, 14, 15, 16, 18, 20, 21, 45, 48, 49, 53, 55, 58, 66, 67, 70, 71, 73, 74, 82, 83, 87, 89, 102, 103, 106, 119, 140

Franklin-Simpson County Zoning Regulations

Dwelling unit. 8, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21, 45, 48, 49, 53, 55, 58, 66, 70, 71, 73, 74, 82, 83, 87, 89, 102, 103, 119, 140

Family...........................................................10, 11, 14, 17, 49, 54, 59, 66, 67, 70, 71, 73, 74, 76, 82, 83, 87, 89, 90, 101, 140, 141

Finished grade..................................................................................................................................................... 11, 15, 28, 46, 61

Flood or flooding......................................................................................................................................................................... 97

Floodplain.....................................................................................................................................................7, 14, 56, 63, 68, 70, 97

Floodway.....................................................................................................................................................7, 14, 15, 56, 63, 68, 96

Front building line......................................................................................................................................................17, 87, 89, 92

Front lot line........................................................................................................................................................................... 17, 22

Front yard......8, 11, 14, 17, 22, 47, 48, 53, 55, 56, 58, 59, 61, 62, 63, 70, 76, 79, 87, 89, 92, 95, 101, 102, 104, 107, 126, 132, 142

Front yard setback................8, 17, 20, 22, 47, 48, 49, 55, 56, 58, 59, 61, 62, 63, 70, 76, 79, 92, 95, 101, 102, 104, 126, 132, 142

Frontage..............................................................................................................................15, 16, 17, 28, 29, 69, 77, 79, 119, 141

Gross floor area6, 8, 11, 14, 15, 16, 19, 22, 23, 24, 26, 28, 29, 31, 45, 46, 47, 48, 49, 50, 53, 55, 56, 58, 61, 64, 66, 67, 70, 71, 73, 74, 75, 76,

78, 80, 82, 84, 89, 98, 101, 102, 104, 107, 109, 112, 119, 121, 122, 141

Height.......................................................................8, 11, 15, 22, 29, 47, 55, 60, 61, 62, 63, 87, 88, 89, 92, 96, 102, 120, 137, 142

Highway..............................................................................16, 17, 21, 26, 46, 49, 58, 59, 63, 68, 77, 79, 86, 88, 92, 101, 120, 142

Home occupation.................................................................................................................................15, 68, 70, 75, 76, 103, 104

Hospital................................................................................................................................................................. 15, 19, 82, 83, 86

Hotel.................................................................................................................................................................................. 15, 19, 23

I-1 Light Industrial District................................................................................................................................. 66, 91, 92, 93, 110

I-2 Heavy Industrial District............................................................................................................................................55, 66, 94

Land use6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 20, 21, 24, 25, 28, 29, 30, 31, 32, 45, 46, 48, 49, 53, 54, 56, 58, 60, 62, 63, 66, 67, 68, 69, 70, 71,

73, 74, 76, 81, 82, 84, 86, 88, 89, 91, 94, 97, 101, 102, 103, 105, 106, 108, 109, 119, 120, 126, 127, 128, 130, 131, 133, 135, 136, 139, 141,

142

Legislative body6, 8, 9, 11, 13, 15, 19, 20, 21, 22, 26, 27, 28, 30, 31, 52, 55, 56, 57, 64, 68, 69, 70, 71, 73, 75, 76, 78, 80, 81, 83, 84, 86, 88, 90,

91, 93, 96, 97, 101, 102, 103, 104, 106, 108, 112, 116, 118, 119, 121, 123, 125, 126, 127, 130, 134, 136, 139

Loading and unloading area...........................................................................................................6, 8, 16, 45, 46, 48, 56, 92, 96

Local street...............................................................................................................................................16, 21, 49, 58, 59, 61, 62

Lot7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 26, 28, 29, 46, 47, 48, 49, 55, 56, 57, 58, 59, 61, 63, 66, 67, 68, 73, 74, 76, 79,

80, 87, 88, 91, 94, 101, 106, 111, 119, 126, 129, 132, 137, 139

Lot area....................................................................................................................................................... 16, 29, 55, 56, 101, 119

Lot coverage....................................................................................................................................................... 16, 29, 58, 61, 101

Lot depth......................................................................................................................................................................................17

Lot frontage...........................................................................................................................................16, 17, 28, 29, 69, 119, 141

Lot Frontage................................................................................................................................................................................ 29

Lot lines............................................................................................................................................... 15, 17, 22, 26, 57, 60, 61, 80

Lot of record..........................................................................................................................................17, 28, 29, 55, 60, 131, 137

Lot width........................................................................................................................................................17, 28, 29, 55, 63, 101

Manufactured home..........................................................................13, 17, 18, 19, 48, 49, 53, 66, 67, 68, 70, 75, 77, 79, 80, 139

Manufactured home subdivision....................................................................................................18, 48, 66, 70, 75, 77, 79, 141

Mobile home.......................................................................................................................................................................... 13, 18

Modular home............................................................................................................................................................18, 70, 71, 73

Motel....................................................................................................................................................................................... 19, 23

Motor vehicle.................................................................................................................................19, 20, 45, 48, 49, 50, 53, 86, 91

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Franklin-Simpson County Zoning Regulations

Multi-family dwelling................................................................................14, 56, 66, 73, 74, 81, 83, 84, 86, 89, 101, 103, 106, 108

Multiple building development......................................55, 57, 66, 71, 73, 74, 81, 83, 84, 86, 89, 93, 96, 101, 103, 106, 108, 140

Nonconforming building........................................................................................................................19, 29, 30, 31, 32, 60, 112

Nonconforming lot................................................................................................................................................................. 19, 29

Nonconforming use..............................................................................................................................19, 29, 30, 31, 32, 112, 138

Nursing home.............................................................................................................................................................................. 19

O-P Office and Professional District.....................................................................................................................66, 89, 90, 91

Parking area...................................................................................................13, 14, 19, 20, 28, 45, 46, 48, 49, 53, 56, 65, 88, 101

Parking lot.............................................................................................................................................................................. 19, 48

Parking space............................................................................................................6, 8, 19, 45, 46, 52, 54, 62, 77, 101, 104, 108

Planning Commission8, 9, 15, 20, 21, 25, 26, 52, 55, 56, 57, 64, 68, 69, 73, 75, 78, 80, 81, 83, 84, 86, 89, 91, 93, 96, 97, 101, 102, 114, 118,

119, 121, 123, 125, 126, 127, 131, 139

Principal building10, 12, 16, 21, 22, 55, 57, 58, 59, 60, 61, 62, 67, 68, 69, 70, 71, 73, 74, 76, 81, 82, 84, 86, 88, 90, 91, 94, 98, 139

Private deed restrictions.............................................................................................................................................................. 8

Public areas................................................................................................................................................................................. 20

Public street6, 8, 10, 13, 15, 16, 17, 21, 26, 30, 32, 45, 46, 47, 48, 55, 56, 57, 58, 59, 61, 63, 68, 76, 77, 79, 80, 87, 89, 93, 96, 104, 107, 108,

120, 141, 142

R-1 Single Family District............................................................................11, 48, 56, 66, 69, 70, 71, 73, 76, 90, 103, 106, 108

R-2 Single Family and Duplex District...........................................................................................48, 56, 66, 71, 103, 106, 108

R-3 Single Family through Limited Multi-family District (up to four dwelling units per building)56, 66, 73, 101, 103, 106, 108

R-4 High Density/Multi-family District.......................................................56, 66, 73, 74, 81, 83, 84, 86, 90, 101, 103, 106, 108

R-5 Manufactured Home District...............................................................13, 18, 19, 48, 49, 53, 66, 67, 70, 75, 77, 79, 80, 141

Rear lot line...................................................................................................................................................................... 17, 22, 87

Rear yard.................................................................................................................................................................. 22, 56, 59, 101

Rear yard setback..................................................................................................................................................................... 101

Restaurant.............................................................................................................................................................................20, 51

Road8, 10, 15, 16, 17, 20, 21, 26, 30, 32, 45, 46, 47, 48, 56, 57, 58, 59, 61, 67, 68, 77, 79, 80, 86, 88, 92, 102, 104, 107, 108, 120, 141, 142

Roadside stand..................................................................................................................................................................... 20, 67

Rooming house....................................................................................................................................................11, 49, 71, 74, 75

RV Rural Village District.......................................................................................................................46, 66, 68, 103, 108, 111

Salvage............................................................................................................................................................. 20, 50, 95, 102, 142

Shopping center.................................................................................................................................................................... 20, 88

Side lot line...........................................................................................................................................................17, 22, 87, 89, 92

Side yard............................................................................................................................8, 55, 56, 59, 61, 84, 85, 89, 92, 95, 101

Sign.................................................................................................................9, 12, 16, 20, 21, 29, 65, 88, 102, 103, 116, 120, 133

Sign permit..................................................................................................................................................................................... 9

Single family dwelling..............................................................................................................................11, 14, 70, 71, 73, 76, 90

Story.................................................................................................................................................................................. 14, 21, 55

Street8, 10, 13, 14, 15, 16, 17, 19, 20, 21, 26, 30, 32, 45, 46, 47, 48, 49, 53, 56, 57, 58, 59, 61, 63, 66, 67, 68, 69, 77, 79, 80, 86, 88, 92, 101,

102, 104, 107, 108, 119, 120, 141, 142

Street address........................................................................................................................................................................... 120

Structure.................................................................................8, 10, 11, 12, 13, 15, 17, 18, 21, 54, 55, 98, 112, 114, 126, 128, 141

Subdivision....................................................................7, 8, 9, 10, 18, 21, 29, 55, 57, 63, 65, 70, 75, 77, 79, 80, 126, 128, 139, 140

Townhouse................................................................................................................................................................. 14, 21, 73, 74

Franklin-Simpson County Zoning Regulations

Tract............................................................................................................................................................................ 16, 19, 21, 67

Two family dwelling...............................................................................................................................................................66, 71

Use7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 20, 21, 23, 24, 25, 28, 29, 30, 31, 32, 45, 46, 48, 49, 53, 54, 56, 58, 60, 61, 62, 63, 66, 67, 68, 69, 70, 71,

73, 74, 76, 81, 82, 84, 86, 88, 89, 91, 93, 94, 97, 101, 102, 103, 105, 106, 108, 109, 120, 126, 127, 128,130, 131, 133, 135, 136, 139, 141

Variance.....................................................................................................................9, 22, 28, 30, 31, 58, 126, 128, 130, 131, 136

Visual clearance at intersections.............................................................................................................................................. 57

Yard.......................................8, 9, 14, 17, 22, 29, 47, 48, 55, 56, 57, 58, 59, 61, 62, 63, 67, 70, 76, 79, 95, 101, 102, 104, 126, 132

Zoning district6, 7, 8, 9, 13, 19, 22, 26, 27, 28, 29, 30, 31, 32, 45, 46, 48, 49, 55, 56, 57, 58, 59, 60, 61, 62, 63, 66, 67, 69, 70, 71, 73, 74, 75,

79, 81, 82, 84, 86, 88, 89, 91, 94, 98, 101, 102, 106, 108, 111, 118, 119, 121, 123, 125, 127, 129, 137, 139, 141

142