Municipal Code

CHAPTER 1268 Supplementary Regulations

1268.01 Street and alley rights of way.
1268.02 Permitted uses.
1268.03 Permitted area.
1268.04 Permitted heights.
1268.05 Lot requirement for buildings with dwelling units.
1268.06 Yard and open space requirements.
1268.07 Yard encroachments.
1268.08 Substandard lots.
1268.09 Street access.
1268.10 Visibility.
1268.11 Dwellings in nonresidential districts.
1268.12 Dwellings in other than main structures.
1268.13 Accessory buildings.
1268.14 Parking and storage of vehicles and equipment in residential districts.
1268.15 Automobile service stations and public garages.

1268.16 Garages, basements and accessory and temporary buildings used for dwelling purposes.
1268.17 Building grades.
1268.18 Moving of buildings.
1268.19 Excavations or holes.
1268.20 Excavation, removal and filling of land.
1268.21 Restoring unsafe buildings.
1268.22 Construction begun prior to adoption of Zoning Code.
1268.23 Voting places.
1268.24 Essential services.
1268.25 Signs.
1268.26 Animals.
1268.27 Rubbish containers.
1268.28 Fences.
1268.29 Protective screening.
1268.30 Site plan review.
1268.31 Approval of plats.
1268.32 Special approval uses.
1268.33 Outdoor dining and outdoor cafes.

CROSS REFERENCES
Regulation of land development and the uses of land and structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.A. 125.3202
Uses of land or structures not conforming to ordinances; powers of legislative bodies; acquisition of property see M.C.L.A. 125.3208
Off street parking and loading see P. & Z. Ch. 1262
Nonconforming uses and buildings see P. & Z. Ch. 1264
Wireless telecommunication facilities see P. & Z. Ch. 1265
Natural buffer zones see P. & Z. Ch. 1266



1268.01 STREET AND ALLEY RIGHTS OF WAY.
All street and alley rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such rights of way. Where the centerline of a street or alley serves as a district boundary, the zoning of such street or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
(Ord. 101. Passed 2 20 70.)

1268.02 PERMITTED USES.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, designed or arranged for any purpose, other than is permitted in the district in which the building or land is located.
(Ord. 101. Passed 2 20 70.)

1268.03 PERMITTED AREA.
No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which the building is located.
(Ord. 101. Passed 2 20 70.)

1268.04 PERMITTED HEIGHTS.
(a) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which the building is located, except that towers, steeples, stage lofts and screens, flagpoles, chimneys, masts or similar structures may be erected above the height limits prescribed. No roof top equipment or appurtenances may be erected to exceed the height limits of the district in which they are located; nor shall any roof top equipment or appurtenances have a total area greater than ten percent of the roof area of the building on which they are located; nor shall such structure be used for any residential purpose or any commercial purpose other than a use incidental to the main use of the building. Roof top equipment or appurtenances shall be set back from the outer walls at least two times the height of the equipment.

(b) Exterior radio, television, electronic or other similar equipment or structures which exceed 12 feet in height, or any structure other than a building to which it
is attached, may be approved by the Board of Zoning Appeals, provided that in no
event shall such equipment and/or structure be allowed to exceed seventy feet from
the grade level; provided, however, that the erection or construction of any satellite signal receiving dish with a diameter in excess of two feet and having an installed above ground height of more than two feet shall be prohibited unless surrounded by a solid ornamental or vegetation screening wall or fence. Any screening shall be of such material, height and location as to preserve rights of privacy and shall be harmonious with surrounding properties. Any vegetation screening shall be evergreens of sufficient height and configuration when planted to fully screen the structure during all seasons. In no event shall such be planted with a distance greater than five feet between them. Said screening wall or fence shall be approved by the Village Council after review and recommendation by the Village Planning Commission. Reasons for approval or rejection of such screening wall or fence by the Village Council shall be stated and made part of the record at a public hearing of which the applicant for approval shall be given notice and an opportunity to be heard. The standards to be applied by the Village Council shall be to ensure that such screening wall or fence is sufficient to protect surrounding properties and that the same is harmonious with surrounding areas.

1268.05 LOT REQUIREMENT FOR BUILDINGS WITH DWELLING UNITS.
Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as defined in Section 1240.07, and in no case shall there be more than one such building on one lot unless otherwise provided in this Zoning Code.
(Ord. 101. Passed 2 20 70.)

1268.06 YARD AND OPEN SPACE REQUIREMENTS.
No space which, for the purpose of a building or dwelling group, has been counted or calculated as part of a side yard, rear yard, front yard or other open space required by this Zoning Code, may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or other open space requirement of or for any other building.
In any Residential District, the front and rear yard requirements of a double frontage lot shall comply with required yard setbacks for buildings that may front on either of the two streets.
No yard space may be used except by the occupants of the buildings for which the yard was required. (Ord. 101. Passed 2 20 70.)

1268.07 YARD ENCROACHMENTS.
Outside stairways, fire escapes, fire towers, porches, platforms, balconies, boiler flues and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts or occupied space; provided, however, that this provision shall not apply to one fireplace or one chimney, not more than eight feet in length projecting not more than twelve inches into the allowable side yard space, to cornices not exceeding eighteen inches in width, including the gutter, to platforms, terraces, steps below the first floor level, or to unenclosed porches or ground level unenclosed projections not over one story in height; provided, further, that such excepted projections shall not extend more than twelve feet into the required front or rear yard, shall not extend nearer than four feet from an interior side lot line or nearer than five feet from a side lot line abutting upon a street; and provided, further, that an unenclosed porch shall be interpreted to include porches with screens and/or removable storm window sash.

The minimum yard spaces, including lot area per family and maximum lot coverage required by this Zoning Code for each and every building existing at the time of the passage of this Zoning Code, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building. (See the Schedule of Regulations provided in Appendix B following the text of this Zoning Code.)
(Ord. 101. Passed 2 20 70.)

1268.08 SUBSTANDARD LOTS.
Any residentially zoned lot which was part of a recorded plat, at the time of the adoption of this Zoning Code, that does not meet the requirements of this Zoning Code for yards or other areas of open space, may not be utilized for single residence purposes.
(Ord. 101. Passed 2 20 70.)

1268.09 STREET ACCESS.
No dwelling shall be built or converted upon a lot having a frontage of less than twenty feet upon a public street, or upon a private street or other permanent easement giving access to a public street. No building permit shall be issued for any construction located on any lot or parcel of land in the Village of Franklin that does not abut on a public street or highway or upon a private street, provided that this section shall not be the basis for preventing the issuance of a building permit for ordinary repair or maintenance of any building that is already erected, on the date of the adoption of this Zoning Code, upon a lot or parcel of land that does not so abut such a street or highway. No lot shall be construed to abut on such a street or highway unless it includes a minimum frontage of twenty feet on such a street or highway and title to land providing access not less than twenty feet in width from such street or highway to the proposed construction.
(Ord. 101. Passed 2 20 70.)

1268.10 VISIBILITY.
No structure, wall, fence, shrubbery or tree shall be erected, maintained or planted on any lot which will obstruct the view of the driver of a vehicle approaching an intersection, except that shrubbery and low retaining walls not exceeding two and one half feet in height above the curb level and shade trees where all branches are not less than eight feet above the street level will be permitted. For residential corner lots, this unobstructed area shall be a triangular section of land formed by the two street right of way lines and a line connecting them at points thirty feet from the intersection of said right of way, or, in the case of a rounded corner, the unobstructed area shall be construed to be the triangular area formed by the intersection of the street right of way lines extended and a line connecting them at points thirty feet from the intersection of said right of way lines (e.g. said area being a "football" shape with two arcs facing each other, connected at such curb line).
(Ord. 101. Passed 2 20 70.)


1268.11 DWELLINGS IN NONRESIDENTIAL DISTRICTS.
No dwelling unit shall be erected in the RO 1 or C 1 District.
(Ord. 101. Passed 2 20 70.)

1268.12 DWELLINGS IN OTHER THAN MAIN STRUCTURES.
No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling, other than servants ‘ quarters serving the principal building on said lot in accordance with requirements of Section 1250.04(d).
(Ord. 101. Passed 2 20 70.)

1268.13 ACCESSORY BUILDINGS.
Accessory buildings, except as otherwise permitted in this Zoning Code, shall be subject to the following regulations:
(a) Where the accessory building is structurally attached to a principal building, it shall be subject to and must conform to all regulations of this Zoning Code applicable to main or principal buildings.
(b) Detached accessory buildings shall not be erected in any required yard except a rear yard, provided that in no instance shall such a building be nearer than ten feet to any adjoining lot line. (See also subsection (g) hereof.)
(c) An accessory building, not exceeding fifteen feet in height, may occupy not more than twenty five percent of a required rear yard, plus forty percent of any nonrequired rear yard, provided that in no instance shall the accessory building exceed the ground floor area of the main building.
(d) An accessory building shall be located in the rear yard except when structurally attached to the main building.
(e) No detached accessory building shall be located closer than ten feet to any main or principal building.
(f) In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages.
(g) When an accessory building is located in the rear yard area on a corner lot, the side lot line of which is substantially a continuation of the required front yard setback of the lot to its rear, said accessory building shall be set back from the street side at least as far as the required front yard setback of the lot at the rear of the subject corner lot.
(h) Garages are permitted in any residentially zoned district, subject to the provisions of Chapter 1250. In any residence zone, no private garage shall be erected closer to the side lot line than the permitted distance for the dwelling, unless the garage shall be completely to the rear of the dwelling, in which event the garage may be erected ten feet from the side lot line. No garage or portion thereof shall extend into the required front yard area.
(Ord. 101. Passed 2 20 70; Ord. 150. Passed 1 4 85.)

1268.14 PARKING AND STORAGE OF VEHICLES AND EQUIPMENT IN RESIDENTIAL DISTRICTS.
(a) Purpose. The purpose of these regulations of various types and numbers of vehicles and equipment within the Village of Franklin is to preserve the health, safety and welfare of residents, protect property in areas designed and utilized for single-family residential purposes, prevent blight, and preserve open space in single-family residential areas. This is accomplished by regulating the parking and/or storage of certain large or numerous vehicles of the types specified herein which may: (i) impede ingress and egress of emergency and fire protection vehicles; (ii) be unsafe when operated on residential streets, or (iii) cause noise, exhaust emissions, and unsightly conditions that could impair the health, safety, and general welfare of the residents of the Village of Franklin.

(b) Definitions. As used in this section, the following words or terms have the meaning ascribed to them:
(1) Commercial vehicle means any vehicle or equipment, which typically bears or is required to bear a commercial license plate, or which falls into one or more of the following categories:
A. Truck tractors.
B. Trailers, whether attached or unattached to other vehicles or equipment.
C. Semi-trailers, which shall include flat beds, stake beds, roll-off containers, tanker bodies, dump bodies, and full or partial box-type enclosures.
D. Vehicles of a type that are commonly used for the delivery of ice cream, milk, bread, fruit or similar vending supply or delivery purposes, such as box or step vans. This category shall include vehicles of a similar nature that are commonly used by electrical, plumbing, heating and cooling, and other construction or service oriented contractors, sometimes referred to as step vans.
E. Tow trucks.
F. Commercial hauling trucks.
G. Vehicle repair service trucks.
H. Vehicles with blades attached for plowing, grading or mowing.
I. Any construction vehicle or equipment, such as a bulldozer, backhoe, or similar vehicle used in construction, earth moving, or landscaping.
J. Any vehicle that has permanently mounted outside brackets or holders for ladders, tools, pipes, or other similar equipment.
K. Any vehicle that bears external advertising or signage identifying a particular business.
L. Busses and motor coaches.

M. Vehicles previously used for public safety purposes, such as fire engines or other fire apparatus and ambulances.
N. Vehicles that are similar in appearance to private passenger vehicles but which are used for, or are intended to be used for, commercial purposes and which are owned or leased for use in a commercial enterprise, such as Afleet@ vehicles.
O. The definition of Acommercial vehicles@ does not include traditional passenger cars or vehicles, including SUVs or pick up trucks, which do not bear external advertising or other similar signage, and which are routinely used by the owner or operator for ordinary personal transportation and are not primarily for business or fleet purposes.
(2) Licensed private passenger car or vehicle means any vehicle for which the principal purpose is transportation of people on streets and highways. Such classification shall not include recreational vehicles as defined herein, nor shall it include any conveyance, equipment or vehicle, the primary purpose of which is other than the transportation of people on streets and highways.
(3) Owner means any person in whose name the legal title of a commercial vehicle is registered, or in the event such vehicle is the subject of a lease or conditional sales agreement, the lessee or person with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession.
(4) Parking means the act of putting or leaving a vehicle for a period of time in a certain location.
(5) Presumption of violation means in any proceeding involving a violation of any parking or storage provision of this section, the person to whom a vehicle is registered, as determined from the registration plate displayed on the motor vehicle, shall be presumed in evidence to be the person who committed the violation. In the event that the vehicle is not registered, then the owner of the property on which the vehicle is located shall be presumed to be the person who committed the offense.
(6) Recreational vehicles means boats, boat trailers and any vehicle equipped for camping, sleeping or living purposes or any part thereof. This definition shall also include mobile homes, campers, truck campers, camper trailers, pick up truck caps, snowmobiles, personal watercraft, travel trailers, all terrain vehicles (ATVs), golf carts, and motor homes.
(7) Storage means the keeping of a vehicle in reserve for future use.
(8) Vehicle means a device, such as a motor vehicle or a piece of mechanized equipment, for transporting passengers, goods, or apparatus.
(9) Vehicle/equipment For the purposes of this section, the terms vehicle and equipment may be used synonymously.

(c) General Guidelines. The following regulations shall apply to all parking and storage.
(1) Parking and Storage on Improved Surface. All parking and storage shall be on an improved paved or gravel surface, pursuant to Section 1262.01(d).
(2) Home Occupations. The regulations in this section are intended to complement the related regulations governing home occupations in Sections 1240.07(38), 1250.04(a) and 1250.04(f).

(d) Parking or Storing Commercial Vehicles in Residential Districts. No commercial vehicle, licensed or unlicensed, shall be parked or stored in a residentially zoned or used district unless it is parked or stored in a fully enclosed structure that is in compliance with all applicable Village ordinances. No semi trailers, including flat beds, stake beds, roll off containers, tanker bodies, dump bodies, and full or partial box type enclosures, shall be parked or stored inside or outside in a residential district. These provisions shall not apply to: (i) commercial vehicles temporarily parked (less than twelve (12) hours) at a residential property in conjunction with maintenance or service to that residential property, and (ii) vehicles and equipment being used and parked on a construction site for which a valid building permit has been issued.

(e) Parking or Storing of Non Commercial Vehicles in Residential Districts. The following regulations shall apply to the parking or storing of non commercial vehicles in residential districts.
(1) Inoperable or Unlicensed Private Passenger Cars or Vehicles. The storage and/or parking of any inoperable or unlicensed private passenger car or vehicle, is prohibited, unless stored in a fully enclosed structure that is in compliance with all applicable Village ordinances.
(2) Vehicles for Use on Land, in the Air, or on the Water, Other than Passenger Cars. Parking and/or storage of any conveyance for use on land, in the air, or on the water, including but not limited to boats, trailers, snowmobiles, aircraft, personal watercraft, travel trailers, all terrain vehicles (ATVs), golf carts, campers, recreational vehicles, other than licensed private passenger cars or vehicles, shall be prohibited in all residential districts unless stored in a fully enclosed structure that is in compliance with all applicable Village ordinances.
(3) Recreational Vehicles. The storage and/or parking of a recreational vehicle on a lot or parcel is prohibited except as follows: Any recreational vehicle may be parked on a driveway for the purposes of loading and unloading for a total of not more than six (6) days during one (1) calendar month, provided that each loading/unloading period shall not exceed three (3) consecutive days.

(4) Repair or Maintenance of a Vehicle. The repair or maintenance of any vehicle which renders the vehicle inoperable for a period in excess of three (3) days is prohibited, unless the repair or maintenance activities are conducted entirely within an enclosed garage or other enclosed structure that complies with all applicable Village ordinances. Vehicle repair businesses are not permitted in residential districts.
(5) Limit on Number of Parked Cars or Vehicles. No yard shall be used for storage or parking of vehicles, whether licensed or unlicensed, except that not more than three (3) vehicles with current licenses and in operating condition may be parked on an approved driveway, extending from the street directly to a side yard or a garage. This provision shall not prohibit the temporary parking of vehicles of guests or invitees of the property owners or residents.(Ord. 2008-02. Passed 2-11-08.)

1268.15 AUTOMOBILE SERVICE STATIONS AND PUBLIC GARAGES.
In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operations of automobile service stations, and to regulate and control the adverse affects which these and other problems incidental to the automobile service station may exercise upon adjacent and surrounding areas, the following additional regulations and requirements are provided herein for automobile service stations located in any zone. All automobile service stations erected after the effective date of this Zoning Code, as amended, shall comply with all requirements of this section. No automobile service station existing on the effective date of this Zoning Code, as amended, shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date of this Zoning Code, as amended.
(a) An automobile service station shall be located on a lot having a frontage along the principal street of not less than 140 feet, and having a minimum area of not less than 14,000 square feet.

(b) An automobile service station building housing a garage, office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than forty feet from any street right of way or interior lot line, and not less than twenty five feet from any side or rear lot line adjoining a residentially zoned district.
(c) All driveways providing ingress to or egress from an automobile service station shall be not more than thirty feet wide at the lot line. No more than one curb opening shall be permitted for each fifty feet of frontage or major fraction thereof along any street. No driveway or curb opening shall be located nearer than twenty feet to any intersecting street right of way or adjacent residential property. No driveway shall be located nearer than thirty feet, as measured along the property line, to any other driveway giving access to or from the same automobile service station.
(d) A raised curb six inches in height shall be erected along all street lot lines, except for driveway openings.
(e) The entire lot, excluding the area occupied by a building, shall be hard surfaced with concrete or a plant mixed bituminous material, except desirable landscaped areas which shall be separated from all paved ares by a low barrier or curb.
(f) All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than twenty feet from any lot line, and shall be arranged so that major vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right of way.
(g) An automobile service station shall include not more than four double gasoline pumps or eight single gasoline pumps and three enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles.
(h) Where an automobile service station adjoins property located in any residential zone, a solid masonry wall five feet in height shall be erected and maintained along the lot line adjoining the residential zone, or, if separated from the residential zone by an alley, then along the alley lot line. In addition, all outside trash areas of used tires, auto parts and other items shall be enclosed on all sides by said five foot masonry wall. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall. Walls shall be gradually reduced in height (e.g. stepped down) within twenty five feet of any street right of way.
(i) All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property. Electrified signs of any sort are prohibited on an automobile service station building or property.
(j) No automobile service station or public garage shall be located nearer than 500 feet, as measured from any point on the property line, to any point on the property line of any public or private school or playground.


(k) Outdoor storage or parking of vehicles other than private automobiles shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. of the following day. There shall be no equipment or vehicle rental or sale operations conducted on the premises.
(Ord. 101. Passed 2 20 70.)

1268.16 GARAGES, BASEMENTS AND ACCESSORY AND TEMPORARY
BUILDINGS USED FOR DWELLING PURPOSES.
No garage, basement, accessory building or temporary building now existing or in the future erected after the effective date of this Zoning Code shall be occupied or used for dwelling purposes. (Ord. 101. Passed 2 20 70.)

1268.17 BUILDING GRADES.
Any building requiring yard space shall be located at such an elevation that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A sloping grade, beginning at the curb level as determined by the Building Department, shall be maintained and established from the center of the front lot line to the finished grade line at the front of the building. The rear and side yards shall be sloped to allow for the flow of surface water away from the building without creating a nuisance. However, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided that proper means are constructed and maintained to prevent the run off of surface water from creating a nuisance on the adjacent properties.
When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the reference level, as defined in Section 1240.07, shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit run off of surface water to flow onto the adjacent properties.
Final grades shall be approved by the Building Department, which may require a certificate of grading and location of building within the Village of Franklin, in accordance with the approved grading plan on file with the Building Department, which has been duly completed and certified by a registered civil engineer or land surveyor.
At no point on a site shall the combined effect of filling or excavation result in a change of grade of greater than five feet over the entire site. This provision shall not apply to filling and excavation necessary to provide vehicular access to a site.
(Ord. 101. Passed 2 20 70; Ord. 2005-05. Passed 1-10-05.)

1268.18 MOVING OF BUILDINGS.
No building or structure which has been wholly or partially erected on any premises shall be moved except as provided for in Section 1264.07.
(Ord. 101. Passed 2 20 70.)



1268.19 EXCAVATIONS OR HOLES.
The construction, maintenance or existence within the Village of Franklin of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, or of any excavations, holes or pits which constitute a danger or menace to public health, safety or welfare, are hereby prohibited. However, this section shall not prevent any excavation under a permit issued by the Building Code of the Village of Franklin where such excavations are properly protected and warning signs are posted in such a manner as may be approved by the Building Department. This section shall not apply to natural bodies of water or to ditches, streams, reservoirs or other bodies of water created or existing by authority of the State of Michigan, County of Oakland, Village of Franklin or other governmental agency.
(Ord. 101. Passed 2 20 70.)

1268.20 EXCAVATION, REMOVAL AND FILLING OF LAND.
The excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or by products, is not permitted in any zoning district except as provided for in a separate soil removal and landfill ordinance of the Village. (Ord. 101. Passed 2 20 70.)

1268.21 RESTORING UNSAFE BUILDINGS.
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Department or prevent the required compliance with a lawful order of the Building Department. (Ord. 101. Passed 2 20 70.)

1268.22 CONSTRUCTION BEGUN PRIOR TO ADOPTION OF ZONING CODE.
Nothing in this Zoning Code shall be deemed to require any change in the plans, construction or designed use of any building upon which actual construction was lawfully begun prior to the adoption of this Zoning Code, and upon which building actual construction has been diligently carried on, provided that such building shall be completed within one year from the date of passage of this Zoning Code.
(Ord. 101. Passed 2 20 70.)

1268.23 VOTING PLACES.
The provisions of this Zoning Code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other public election.
(Ord. 101. Passed 2 20 70.)

1268.24 ESSENTIAL SERVICES.
Essential services, as defined in Section 1240.07, shall be permitted in any zoning district as authorized and regulated by law and other ordinances of the Village of Franklin. (Ord. 101. Passed 2 20 70.)

1268.25 SIGNS.
The erection, construction or alteration of all outdoor advertising structures, billboards, signs and other notices which advertise a business, commercial venture or name of a person or persons shall be approved by the Building Department as to compliance with Chapter 1474 of these Codified Ordinances and all other applicable Village sign regulations and ordinances. Moreover, there shall be compliance with all specific sign regulations for each zoning district in this Zoning Code.
(Ord. 101. Passed 2 20 70.)

1268.26 ANIMALS.
No livestock shall be kept or maintained in any zone, except that for each dwelling unit the occupant may keep for his or her personal use domestic pets so long as they are not kept or used for commercial or breeding purposes and do not constitute a kennel, subject to all applicable Village ordinances, including Chapter 612 of these Codified Ordinances. (Ord. 101. Passed 2 20 70; Ord. 159. Passed 10 29 87.)

1268.27 RUBBISH CONTAINERS.
Outside rubbish containers shall be permitted only in the C 1 District, provided that they comply with the following requirements:
(a) Adequate vehicular access shall be provided to such containers for truck pick up either via a public alley or vehicular access aisle which does not conflict with the use of off street parking areas or entrances to or exits from principal buildings nearby.
(b) A solid ornamental screening wall or fence shall be provided around all sides of trash containers, which wall or fence shall be provided with a gate for access and be of such height as to completely screen said containers, the maximum height of which shall not exceed six feet.
(c) The rubbish container(s), the screening wall or fence and the surrounding ground area shall be maintained in a neat and orderly appearance, free from rubbish, waste paper or other debris. This maintenance shall be the responsibility of the owner of the premises on which the containers are placed.
(d) There shall be compliance with all Village, County and State health ordinances and statutes.
(e) No incinerator, garbage receptacle, oil or propane tank, or storage rack shall be exposed on the grounds outside any building without screening specified for rubbish containers and unless adequate safety and sanitary precautions are taken. In residentially zoned districts, rubbish and garbage receptacles and oil or propane tanks may not be exposed on the grounds outside any building without said screening.(Ord. 101. Passed 2 20 70.)

1268.28 FENCES.
Every fence constructed or erected in the Village shall comply with the regulations in this section. No fence shall be erected, constructed, relocated, or altered until a permit has been issued in accordance with the requirements of this Section.
(a) Definitions.
(1) Fence. Fence means an artificially constructed, non vegetative barrier of natural or artificial materials used to prevent or control ingress/egress, confine within, or mark a boundary. A fence may be decorative or ornamental. Gates or barriers to entry and exit, driveway entrance features, screening walls, and other types of boundary protection shall be included in this definition.
(2) Perimeter feature. Perimeter feature means a type of fence running along the perimeter of a lot either on or within six feet of a lot line.
(3) Privacy screen. Privacy screen means a type of fence that is a substantially opaque barrier intended to screen a selected use or particular area in a private residential yard.
(4) Interior fence. Interior fence means a type of fence that is not a perimeter feature or a privacy screen.
(5) Road. "Road" has the same meaning as "street" as defined in Section 1240.07(b)(69).
(b) General requirements applicable to all fences.
(1) Ownership. Ownership and responsibility for maintenance of a fence resides in the owner of the property on which the fence is located.
A. Provision for joint ownership. Owners of adjoining properties may jointly apply for a fence permit, in which case the Building Official may permit the fence to be constructed on the common property line. Both property owners shall jointly own the fence and shall be jointly and severably responsible for maintenance of the fence.
(2) Fence materials. In order to protect the beauty and established historic character of the Village, the exterior of a fence shall be constructed primarily of wood, stone, brick, wrought iron, or other material determined by the Zoning Board of Appeals to mimic a listed material.
A. Prohibited materials. Razor wire and barbed wire are prohibited on any type of fence. Fences utilizing wire mesh or chain link are also prohibited, except as otherwise expressly permitted (e.g., tennis court enclosures, dog runs, baseball backstops, cemeteries, fences enclosing public areas).
B. Electricity conducting fences. A fence erected around the perimeter of a pasture where horses or other permitted large animals are restrained may include electrified wire strands around the top or interior of the pasture fence. Other fences which carry electric current are prohibited, except for underground electric fences as defined in Section 1240.07(b)(23A).
(3) Finished appearance. If, because of design or construction, one side of a fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot. This provision concerning the finished appearance does not apply to jointly owned fences located on a property line.
(4) Height. Except as otherwise expressly permitted herein, fences shall not exceed 48 inches in height. As used in this section, the height of a fence is measured from the surrounding surface of the ground and not from any structure or localized raised surface on which the fence is situated.
A. Fences enclosing public areas. Fences that enclose public parks, playgrounds, or similar public areas located within a residential district shall not exceed 8 feet in height, except that a fence enclosing one or more public tennis courts can extend to 12 feet in height and a protective screening used for a public baseball field backstop can be made at a suitable height and length for its intended purpose. Tennis court fences and baseball backstops can be made of chain link fencing.
(5) Location. A fence shall be located entirely on the private property of the person responsible for the construction and maintenance of the fence.
A. Permitted locations. Except as specifically provided below, fences are permitted only in rear yards and side yards. No fence shall be permitted to extend into the front yard, except as otherwise specifically provided herein. For side yards and rear yards abutting a street, no fence shall be constructed or maintained within any required setback from the street.
B. Path setback. No fence shall be located closer than 12 inches from the edge of a public sidewalk or other public path.
(6) Fence maintenance. Fences shall be maintained in good condition. Rotten or broken components shall be replaced, repaired, or removed. If a fence is found to be in need of repair by the Building Official, he or she shall issue orders to complete such repairs to the owner of the land where the fence is located. Failure to comply with written notice from the Building Official shall be deemed a violation of this Zoning Code.
(7) Obstruction of use of adjoining property. No fence shall be erected where it would prevent or unreasonably obstruct the use of or access to adjacent property. The Building Official may require a fence to be set back up to two feet from a driveway or property line to provide for the safe passage of pedestrians, bicyclists, or vehicular traffic, or for other safety related concerns.
(8) Driver visibility. No fence shall be erected, established or maintained on any lot which will obstruct the view of drivers in vehicles traveling around sharp curves in the road or approaching an intersection of two roads or the intersection of a road and a driveway.
A. Sharp curves. Fences located along a curve in a road shall provide drivers with an unobstructed sight distance that is reasonable in view of the road curvature and applicable speed limit for the road. The Building Official may restrict or deny a fence permit as necessary to provide this unobstructed sight distance.
B. Intersections. Fences located adjacent to an intersection of two roads or an intersection of a road and a driveway shall not exceed 30 inches in height. An unobstructed triangular area shall be maintained at each intersection of roads and streets and driveways. Fences located in the triangular area shall not be permitted to obstruct cross visibility above a height of 30 inches above the lowest point of the intersecting road(s) or driveway(s). The unobstructed triangular area shall consist of:
1. In the case of two roads, the triangular area formed at the corner intersection of the two road right of way lines, with two sides of the triangular area being 25 feet in length measured along the intersecting right of way lines, and the third side being a line connecting the distal ends of the two 25 foot sides; and
2. In the case of an intersecting road and driveway, the triangular area formed at the corner intersection of the road right of way and an edge of the driveway, with one side of the triangular area being ten feet in length measured along the right of way line, a second side being 10 feet in length measured along the edge of the driveway, and the third side being a line connecting the distal ends of the two ten foot two sides.
(9) Tennis court enclosures. A private tennis court located on a residential lot may include a chain link fence enclosing each end of the court and extending towards the net no farther than the midpoint between the base line and service line. The chain link fence may have a maximum height of 12 feet and the opacity of such fence shall not exceed 50 percent.

(10) Outdoor dog runs. One fenced pet exercise area ("dog run") may be permitted per residential lot, subject to the following:
A. Location. A dog run shall not be permitted in any required front yard or required street side yard.
B. Setback. A dog run shall be set back a minimum of ten feet from any lot line.
C. Fence Height. A fence enclosing a dog run shall not exceed six feet in height.
D. Fence Materials. Chain link fencing may be used to enclose a dog run.
E. Maximum Dimensions. Dog runs shall not exceed ten feet in width by 25 feet in length.
F. Landscape Screening. Dog runs shall be screened from view from adjoining properties with evergreen landscaping sufficient to create a complete visual barrier.
(c) Perimeter features. Typical perimeter features include those devices commonly known as split rail fences, stone walls, picket fences, and wrought iron type fences and gates.
(1) Perimeter feature area defined. For the purposes of this section, 'perimeter feature area' shall be defined as the vertical rectangular area having sides defined as follows:
A. Base. The base of the rectangle shall be the existing average ground surface elevation at the nearest perpendicular lot line.
B. Top. The upper side of the rectangle shall be parallel to the base and 60 inches above the base.
C. Sides. The two remaining sides of the rectangle shall be lines extending vertically between the base and top at the ends of the fence.
D. Only one rectangle shall be used to measure each perimeter feature area on a single extent of the property line.

(2) Opacity defined. For the purposes of this subsection, opacity shall be defined as the percentage measurement of the area obstructed by wood, metal, wire, plants, and all other materials used in the creation of a perimeter feature. Opacity equals the area of construction materials divided by the 'perimeter feature area'.
(3) Maximum opacity. The opacity of a perimeter feature shall not exceed 40 percent, except that the opacity of perimeter features constructed of stone or other natural materials (e.g., stone walls) shall be 50 percent. This maximum opacity limitation shall not apply to driveway entrance features for which the total length does not exceed ten percent of the length of the lot line along which it is located.
(4) Location. In addition to the permitted locations provided in Section 1268.28(b)(5), perimeter features may be located in the front and side yards, and street side yards under the following conditions.
A. Historic District. Subject to Historic District Commission approval as required by Section 1268.28(e)(2)(E), a perimeter feature may be located in a front yard or street side yard of a parcel located in the Franklin Village Historic District.
B. Natural stone walls. Perimeter features made from natural stone having a height not exceeding 30 inches can be located in a front yard or street side yard. In the event that a particular architectural element (entrance gate, column, etc.) is included as an integral component of the stone perimeter feature, that architectural element may exceed 30 inches in height. The total horizontal length of such architectural elements shall not exceed the greater of ten feet or ten percent of the total length of the perimeter feature.
(5) Setbacks. A perimeter feature shall be set back at least two feet from all road rights of way or public easements.
(6) Materials at a property corner. To reduce the safety hazard to pedestrians and bicyclists, a perimeter feature used at a property comer must be primarily constructed of materials that will be easily visible at night or during other times of low visibility. By way of example, thin strands of wire, cable, or cord shall not be permitted to be attached to standing poles to form a perimeter feature.
(7) Maximum height. The maximum height of perimeter features is 48 42 inches.
(d) Privacy screens. Privacy screens may be placed on the interior of a lot, subject to the following:
(1) Height. Privacy screens shall not exceed six feet in height.

(2) Location. Privacy screens shall not be located in a required yard setback area.
(3) Limits on enclosure. A privacy screen shall be designed to screen a selected use or area (such as a swimming pool or patio) but not an entire side or rear yard. In no case shall a privacy screen be located in a front yard or both side yards.
(4) Materials. Privacy screens shall be constructed primarily of wood, masonry, or wrought iron.
(e) Review and approval procedures.
(1) Permit required. No fence shall be erected, constructed, or altered until a permit has been issued in accordance with the provisions of this section.
A. Site plan review. If a fence is proposed in conjunction with a development that requires site plan review, then the fence shall be shown on the site plan, which shall be reviewed in accordance with normal site plan review procedures. No additional permit is required when a fence is approved as part of a site plan. Where a fence is proposed to be added to a property for which a required site plan approval has previously been obtained, the approved site plan must be modified to show the fence and then re submitted for action by the Building Official according to the application procedure of 1268.28(e)(2).
(2) Application procedure. If a proposed fence is not part of a site plan review as noted above, an application for a permit to construct a fence shall be filed with the Village Clerk. The application shall be accompanied by drawings and other information to illustrate the dimensions, design and location of the proposed fence.
A. Information required. The following minimum information shall be included on the drawing submitted in support of a fence permit application:
1. Fence location;
2. Location of all structures within 25 feet of the proposed fence;
3. Location of all driveways within 25 feet of the proposed fence;
4. Location of all sidewalks within 25 feet of the proposed fence; and
5. Location of all existing fences within ten feet of the proposed fence.
The Building Official may determine if other additional information is reasonably necessary to provide a complete review of the proposed fence. Such additional information shall be provided by the applicant as may be required by the Building Official.
B. Application fee. Each fence permit application shall be accompanied by an application review fee to recover the reasonable costs for review and permit issuance. The amount of the fee shall be fixed by resolution of the Village Council.
C. Survey required. Where a perimeter feature is proposed, the lot lines on the property shall be indicated through placement of permanent stakes located by a licensed surveyor. Lot lines must be located before the fence permit is issued. The Building Official shall withhold issuance of the permit to construct the fence until the lot lines are located and permanent stakes are placed by a licensed surveyor.
D. Review and approval. The Building Official shall review the fence application and supporting data with respect to the standards set forth in this Zoning Code, the adopted Building Code, and any administrative rules which may be established to provide for proper administration of this section. The Building Official shall grant a permit to construct a proposed fence upon finding that it fully complies with all applicable regulations. All fences, including fences approved as part of a site plan, are subject to inspection by the Building Official to assure compliance with the regulations set forth in this Zoning Code and to assure that the fence is constructed with sound materials.
E. Fences in the Historic District. Fences proposed to be erected in the Franklin Village Historic District shall be referred to the Franklin Historic District Commission for review and recommendation prior to issuance of a building permit, consistent with the provisions of Section 1230.05. The Historic District Commission shall take action on the application consistent with the provisions of Section 1230.05. In no event shall the Historic District Commission approve a fence that could not be otherwise constructed in accordance with the various provisions of this section.
(3) Appeal of a decision. An applicant may appeal a decision of the Building Official or the Planning Commission concerning a proposed fence or the enforcement of the provisions of this Section to the Zoning Board of Appeals. The Zoning Board of Appeals shall review the appeal in accordance with the standards and procedures set forth for a dimensional variance in this Zoning Code.


(4) Administrative rules. The Village Council may establish reasonable rules and procedures, consistent with the intentions of this Zoning Code, which may be necessary to provide for the proper administration of this section.

Summary of Location and Height Regulations (see Ordinance for specific requirements)

(Ord. 95 284. Passed 12 11 95; Ord. 2009-07. Passed 8 10 09.)

(Ord. 95 284. Passed 12 11 95.)

1268.29 PROTECTIVE SCREENING.
In order to provide adequate protective screening for residential areas adjacent or near nonresidential areas, the following regulations shall apply:
(a) Adjacent residential property. When any development occurs on an RO 1 or C 1 District which abuts directly upon a residentially zoned district, either a landscaped greenbelt not less than 20 feet wide shall be provided and maintained along the entire length of the property by the owner of the said RO 1 or C 1 property; or an ornamental masonry wall, approved by the Building Department, not less than four feet nor more than six feet in height above the grade shall be constructed along the building setback line, as established by the schedule provided in Appendix B following the text of this Zoning Code, between the RO 1 or C 1 zoned properties and the residentially zoned area; or a building shall be constructed along the building setback line between the properties and the residential area, with an unpierced masonry wall, having a brick face on both sides with stone cap. (See Section 1268.15(h) for walls screening automobile service stations.)
When either the wall or the building is constructed along the building setback line, the yard area required by the schedule provided in
Appendix B following the text of this Zoning Code, shall be landscaped and maintained by the owner of the RO 1 or C 1 used properties.


The plans for the required yard or greenbelt area shall be subject to the approval of the Building Department. (See the definition of Agreenbelt@ in Section 1240.07(b).)
(b) Residential property across alleys. Any RO 1 or C 1 District on which a drive in service, open air display, commercial parking lot or other use is conducted shall be separated along its entire length from any adjacent residentially zoned district, which is located across a public alley of not less than 20 feet wide, by either a building housing a permitted use or by a solid ornamental masonry wall four to six feet in height above grade. Such wall shall be located on the residential side of said public alley wherever permissible. Greater wall height may be required in accordance with division (a) hereof. (See also Section 1268.15(h).)
(Ord. 101. Passed 2 20 70.)

1268.30 SITE PLAN REVIEW.
The site plan review requirements in this section are intended to provide a uniform method of review of proposed development plans, to ensure full compliance with the regulations in the zoning ordinance, to achieve efficient use of the land, to protect natural resources, and to prevent adverse impact on adjoining and nearby properties. Site plan review is required prior to the establishment, construction, expansion, or structural alteration of any structure or land use involving office or commercial uses; single family planned residential development; any site condominium; and, construction or expansion of an institutional use. Site plan review shall not be required for construction, moving, relocating, or structurally altering a single family residential structure, including any accessory structure thereto.
(a) Pre Application Conference. A pre application conference with Village staff and the Village Planner shall be required to facilitate processing of a site plan in a timely manner. The purpose of a pre application conference is to provide information and guidance to the applicant that will assist in the preparation of the site plan. The applicant need not present drawings or site plans at a pre application conference, but even if drawings or site plans are presented, no decisions or action shall be taken on a site plan at a pre application conference. The applicant shall pay the costs incurred for a pre application conference.
(b) Optional Conceptual Review by the Planning Commission. An applicant may file a written request for one conceptual review of a preliminary site plan by the Planning Commission, prior to submission of a site plan to the Planning Commission for formal review. A site plan submitted for conceptual review shall be drawn to scale, and shall show site development features in sufficient detail to permit the Planning Commission to evaluate the following:
(1) Relationship of the site to nearby properties.
(2) Density of the development (if residential).

(3) Adequacy of landscaping, open space, vehicular drives, parking areas, parking calculations, drainage and proposed utilities.
(4) Conformance with Village development policies and standards.
The applicant shall pay the costs incurred for a conceptual review in accordance with the fee schedule adopted by resolution of the Village Council.
Formal action shall not be taken on a site plan submitted for conceptual review. Neither the applicant nor the Planning Commission shall be bound by any comments or suggestions made during the course of conceptual review.
(c) Submission of Site Plan for Formal Review. The applicant shall submit 15 copies of the application and site plans to the Village Clerk along with any other information deemed necessary to demonstrate compliance with zoning ordinance requirements.
At minimum, the following information shall be provided:
(1) A legal description of the subject parcel.
(2) Proof of ownership of the subject parcel.
(3) A survey prepared by a registered professional surveyor, indicating the gross land area of the development, the present zoning classification thereof and the zoning classification and land use of the area surrounding the proposed development.
(4) The natural assets and feature of the property such as, but not limited to, woodlands, wetlands, marshes, heritage trees, endangered plant species and wildlife on a fully dimensioned map of the land showing topographic information at a contour interval of not less than two feet, prepared by a registered professional surveyor.
(5) A vicinity map showing the location of the area in relation to surrounding properties, streets, freeways, parks, schools, and other significant features of the community.
(6) A fully dimensioned development plan with at least the following details shown to scale:
A. The location of existing and proposed structures in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between buildings and between buildings and lot lines, required setback lines and the location of entrances and loading areas.
B. The location, layout, dimensions and area of all lots to be subdivided.
C. All streets, driveways, service drives and parking areas, including the layout and design of parking lot spaces.
D. All pedestrian walks, and open areas for parks and/or recreation to be dedicated to the public or to be retained by a property owner s association.


E. A detailed landscaping plan to include, but not be limited to, the location and height of all fences and walls; the species (Latin and common names), number, height or size at time of planting, and proposed locations of all proposed plant materials; the method by which landscaping is to be installed; and, the methods by which landscaping will be maintained.
F. Architectural sketches, at an appropriate scale, showing building heights, elevations, and other features of the development.
G. Surface materials, such as paving, turf or gravel to be used at the various locations.
H. The method of servicing the area with sanitary sewer facilities, including the location of lines, manholes, pump stations, and other appurtenances.
I. A grading plan for the proposed development site, which shall be coordinated with the landscaping plan and topographic map referred to above.
J. A plan for dealing with stormwater drainage, including use of detention or retention ponds where deemed necessary by the Village Engineer.
(7) Other information deemed necessary by the Planning Commission to determine compliance with the regulations herein.
(d) Public Hearing. Upon receipt of a site plan, the Planning Commission shall schedule a public hearing. Notices of public hearings must be published in a newspaper of general circulation within the Village not less than 15 days prior to the date of the hearing. Notices must be mailed to owners and occupants of all properties and structures within 1,000 feet of the subject site, including those outside the Village (if applicable). Notices must be postmarked not less than 15 days prior to the date of the hearing.
(e) Site Plan Considerations. Upon receipt of a site plan and application, the Village Clerk shall forward it to the Planning Commission for review and to make a recommendation to the Village Council. The Village Clerk shall also forward the plan to the Village Planner, Building Official, and Historic District Commission (if applicable) for review. The Planning Commission shall consider the following standards:
(1) The proposed development shall be of such location, size, and character as to be consistent with the zoning regulations and standards contained herein. Furthermore, the development shall not be detrimental to the orderly development of the zoning district in which it is located or of the adjacent zoning districts.
(2) The location and size of the proposed development, the nature and intensity of the principal use and all accessory to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of neighborhood. In applying this standard, the Planning Commission shall consider, among other things, convenient routes for pedestrian traffic, the relationship of the proposed project to freeways, main traffic thoroughfares and street and road intersections; and existing and potential development of the neighborhood.
(3) Where appropriate, the Planning Commission shall determine whether noise, vibration, odor, light, glare, heat, electromagnetic or other external effects, from any source whatsoever which is connected with the proposed use, will have a detrimental effect on neighboring property or the neighborhood in general.
(4) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings.
(5) The location and size of the proposed development and the nature and intensity of the principal use and accessory use(s) shall not unduly threaten or jeopardize any natural asset or heritage tree. Upon evidence of a threat to any natural asset or heritage tree, the Planning Commission may require an environmental impact statement to be prepared by the applicant. The Planning Commission shall set forth the basis for requiring an environmental impact statement and the particular concern or concerns need to be addressed in the statement. The environmental impact statement shall be filed as an amendment to the site plan application and be made part of the site plan record.
(6) The environmental impact statement shall be prepared by a person qualified to advise the Planning Commission and Village Council with regard to the particular area of environmental concern. The Planning Commission may designate the expertise, training, certification or licensure of such person as part of its action requiring an environmental impact statement. Fifteen copies of the environmental impact statement shall be submitted. Where applicable, the environmental impact statement shall include the following information with regard to each area or designation of environmental concern:
A. Anticipated impacts on the community resulting from the project including, but not limited to:
1. Social changes.
2. Economic changes.
3. Changes in the constructed environment.
4. Changes in the natural environment.
B. Possible benefits (positive effects) and detriments (negative effects) of the project.

C. Alternatives considered to either increase benefits or decrease detriments to the community and the immediately surrounding area.
D. Planned solutions included in the project to assure the greatest benefits possible from the project.
E. Planned solutions included in the project to assure the fewest detriments possible from the project.
F. Summary of unavoidable, detrimental effects of the project, including a list of the lost of natural resources irreversibly and irretrievably lost as a result of the project.
(f) Planning Commission Action. The Planning Commission is authorized to take the following action on the site plan, subject to the guidelines in the zoning ordinance: recommend approval, approval with conditions, or denial to the Village Council. The Planning Commission may also table the site plan.
(1) Approval. Upon determination that a site plan contains the information required by the Zoning Ordinance and is in compliance with the standards, conditions and requirements of this section, other statutorily authorized and adopted Village planning documents, other applicable ordinances, and state and federal statutes, the Planning Commission shall recommend approval.
(2) Approval Subject to Conditions. Upon determination that a site plan is in compliance except for minor modifications, the Planning Commission may recommend approval subject to conditions. The motion to recommend approval shall identify the conditions of approval, which may include by way of example, the need to obtain variances or obtain Historic District Commission approval.
(3) Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this section or other applicable ordinances, the Planning Commission shall recommend denial. A motion to recommend denial shall state the reasons for such a recommendation.
(4) Table. Upon determination that a site plan is not ready for approval or denial, or upon request of the applicant, the Planning Commission may postpone or table consideration of a site plan until a future meeting.
(g) Village Council Action. The Village Council shall review the application for site plan approval, together with the public hearing findings and reports and recommendations from the Planning Commission, Historic District Commission, Village Planner, Building Official, and other reviewing agencies. The Village Council is authorized to approve, approve with conditions, or deny the site plan as follows:


(1) Approval. Upon determination that a site plan contains the information required by the Zoning Ordinance and is in compliance with the standards, conditions and requirements of this section, other statutorily authorized and adopted Village planning documents, other applicable ordinances, and state and federal statutes, the Planning Commission shall recommend approval.
(2) Approval Subject to Conditions. Upon determination that a site plan is in compliance except for minor modifications, the Village Council may approve subject to conditions. The motion to approve shall identify the conditions of approval.
(3) Denial. Upon determination that a site plan proposal does not comply with the standards and regulations of this section, the site plan shall be denied. A motion to deny shall state the reasons for denial.
(h) Fees. Applications for site plan approval shall be accompanied by a filing fee, which shall be established by resolution of the Village Council. This filing fee may include a deposit toward the costs of any consultants retained by the Village for reviewing the application, such as consulting planning services, consulting engineering services, legal services, court reporters services, public hearing publication and notification costs, and similar services. The filing fee and deposit shall be paid before the approval process begins. Upon notification of deficient payment of fees, administrative officials charged with enforcement of this section shall suspend further review of application until the account is brought up to date.
Any portion of the fee not needed to pay expenses shall be refunded without interest to the applicant after final action on the application.
(i) Revocation of Site Plan Approval. Site plan approval may be revoked if construction is not in conformance with the approved plans, in which case the Village Council shall give the applicant notice of intention to revoke approval at least ten days prior to review at a public meeting by the Village Council. Upon conclusion of such review, the Village Council may revoke its approval of the plan if the Council feels that a violation in fact exists and has not been remedied prior to such hearing. If the building has already been occupied and the applicant fails to abide by any restrictions after due notice, the certificate of occupancy may be revoked.
(j) Period of Validity. Site plan approval granted under this section shall be effective for a period of one year. If a building permit has been obtained pursuant to an approved site plan, then the effective period for such site plan approval shall be automatically extended to coincide with the expiration of any such building permit. If a building permit issued pursuant to an approved site plan is cancelled, terminated or otherwise expires, then any extension of the site plan by virtue of such building permit shall otherwise be terminated; if the site plan would otherwise have expired, it shall be deemed to have thus expired. Notwithstanding any provision of this division (j), the Village Council may, on proper application, grant an extension or extensions of any approved site plan for good cause shown. No such extension shall be granted unless there is full compliance with all applicable site plan requirements which may be in effect at the time of the application for extension.
(Ord. 2010 03. Passed 4 12 10.)

1268.31 APPROVAL OF PLATS.
No proposed plat of a new subdivision shall hereafter be approved by the Village Council unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this Zoning Code, and unless such plat fully conforms with the statutes of the State and the ordinances of the Village.
(Ord. 101. Passed 2 20 70.)

1268.32 SPECIAL APPROVAL USES.
Where a particular use of land or structures is designated as a special approval use within any zoning district, then such special approval use shall be permitted within that zoning district only upon the approval of the Village Council and in accordance with the following procedures:
(a) Application for approval of a special approval use shall be filed with the Village Council for the Village of Franklin on a form provided by the office of the Village Clerk. The application for approval shall be accompanied by an application fee in the amount of one hundred dollars ($100.00) plus reimbursement for costs of professional review.
(b) The application for special use approval shall be signed by the owner or owners of the property being proposed for such special use, and shall be accompanied by the following information:
(1) A legal description of the property under consideration.
(2) A map indicating the gross land area of the development, the present zoning classification thereof and the zoning classification and land use of the area surrounding the proposed development.
(3) A vicinity map showing the location of the area in relation to surrounding properties, streets, freeways, parks, schools, school sites and other significant features of the community where appropriate.
(4) A general development plan with at least the following details shown to scale and dimension:
A. The location of each existing and each proposed structure in the development area, the use or uses to be contained therein, the number of stories, gross building areas, distances between buildings and between buildings and lot lines, setback lines and the location of entrances and loading points.
B. All streets, driveways, service aisles and parking areas, including the general layout and design of parking lot spaces.
C. All pedestrian walks, malls and open areas for parks, recreation and light and air to be dedicated to the public or to be retained by an acceptable property owner's association.
D. Architectural sketches, at an appropriate scale, showing building heights, elevations and other features of the development.
E. A general grading plan of the proposed development with a brief narrative description.
(c) The Village Council shall refer the application for special use approval to the Village Planning Commission. The Village Planning Commission may request additional information to assist in the review of the request. Such additional information may consist of floor plans, proposed signing, detailed building elevations, traffic studies or other information.
The Village Planning Commission shall hold a public hearing upon the proposed special use request. Notice of the hearing shall be given in accordance with Section 1242.08.
(d) In reviewing a proposed special use, the Planning Commission shall consider the following in its evaluation for report and recommendation to the Village Council:
(1) The proposed building or buildings shall be of such location, size and character as to be in harmony with the specific regulations and standards, and the appropriate and orderly development, of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts.
(2) The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, and the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection
therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the Village Planning Commission shall consider, among other things, convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to freeways and main traffic thoroughfares and to street and road intersections; and the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the Planning Commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general.
(3) The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof.
(4) Where a use is of a temporary nature, the duration of the proposed use and any conditions for restoration of premises or property in which or upon which such use is to be conducted.
(e) In its report to the Village Council, the Planning Commission shall make specific findings with regard to each of the following, based upon the information furnished by the applicant and information received at the public hearing and by applying those standards and considerations set forth in subsection (d) hereof:
(1) The effect of the proposed use on surrounding properties;
(2) The effect of the proposed use on traffic or pedestrian safety and traffic safety;
(3) The environmental impact of the proposed special use;
(4) Effects of noise generated by the proposed use;
(5) The impact of the proposed special use on the Historic District or historic structures;
(6) Whether the location, size and other conditions regarding the proposed special approval use are in furtherance of the spirit and intent of the particular zoning district in which such proposed use is to be located; and
(7) The suggested length or duration of any proposed use if such proposed use is to be less than permanent in nature.
(f) Upon completion of its findings and conclusions, the Village Planning Commission shall prepare and file its report with the Village Council. In addition to its findings and conclusions, the Village Planning Commission, where appropriate and necessary, may also recommend to the Village Council any conditions which should be imposed upon a proposed special approval use, or it may recommend additional information which may be necessary for consideration by the Village Council.
(g) Upon receipt of the conclusions and report of the Village Planning Commission, the Village Council shall place upon its agenda the application for special approval use. Such application shall be considered at a regularly scheduled meeting of the Village Council. In the discretion of the Village Council, the matter of a particular special use application may be scheduled for a public hearing to be held at a designated time and date before the Village Council. In such event, the Village Clerk shall give notice of the public hearing in accordance with Section 1242.08. The Village Council, in considering approval or rejection of an application for special use, shall take into account the report and conclusions received from the Planning Commission, together with additional information which may have been received by the Village Council. Nothing herein shall be deemed to preclude the Village Council from requesting any additional information which it may deem necessary or essential to consideration of a special use application.
(h) Upon the conclusion of deliberations and consideration by the Village Council, the Village Council shall adopt a resolution by a majority of the members then present and constituting a quorum, either approving or rejecting the application for special approval use. The Village Council may, in its conclusions and resolution, adopt the findings and recommendations of the Planning Commission, may adopt some of the findings and conclusions of the Planning Commission, may adopt and/or modify any of the conclusions or recommendations of the Planning Commission, or may make its own findings.
(1) Approval of such proposed special use may provide for certain specific seasonal, fundraising, charitable or other events of a defined and limited nature;
(2) Nothing herein shall preclude the Village Council, on application made in writing, and for good cause shown, to permit other specific events as part of such proposed special use, provided that such an event is not of a regularly recurring nature, is consistent with the special use approval, is harmonious with surrounding land uses and is of a defined and specific nature. The Village Council may impose requirements on such additional events as will insure compliance with this Zoning Code. No approval of any such event or activity shall be deemed to assure approval of any additional events or activities, nor shall any such permit in any way expand or enlarge the special use approval.
(i) In the event of rejection by the Village Council of an application for special approval use, no application for the same special use shall be filed for the same property within a period of twenty four months from the date of action by the Village Council.
(j) Upon expiration of any time period established for such special approval use, such use shall immediately cease and may not continue. Such time period may not be extended except by re application consistent with the provisions of this section.
(k) Where a special approval is also a use for which site plan review is required in accordance with Section 1268.30, the applicant may elect at the time of application for special use approval to file a joint application for special use approval and site plan approval. In such event, the requirements of this section for special use approval as well as each and every requirement for site plan approval shall be applicable in accordance with this section as well as Section 1268.30. In the event of a joint application for special use approval and site plan approval, no special use shall be approved unless it shall meet each and every requirement for site plan approval, and no site plan approval shall be granted unless such proposed use shall meet each and every requirement for special use approval.
(Ord. 157. Passed 10 12 87; Ord. 2006-03. Passed 11-13-06.)

1268.33 OUTDOOR DINING AND OUTDOOR CAFES.
(a) Purpose. The Village Council of the Village of Franklin has determined the establishment of outdoor dining, including outdoor cafes and sidewalk cafes, will promote the public interest by creating an attractive pedestrian environment for businesses during the day and evening and will foster a pleasant and distinctive ambience within the Village. The purpose of this section is to establish appropriate regulations to regulate this activity ro ensure that the public health, safety, and welfare is protected.

(b) Definitions. As used in this section:
(1) Outdoor dining. Any outdoor café, sidewalk café, outdoor eating area or similar food service accessory to a restaurant or business serving food and drink.
(2) Outdoor café. An outdoor food service area operated adjacent to and in conjunction with a restaurant or business serving food and drink.
(3) Sidewalk café. An outdoor café on the public sidewalk and/or public right of way.
(c) Permitted Uses. Outdoor dining is a permitted use when accessory to a restaurant, subject to site plan review. Retail food establishments that do not provide table service may have outdoor dining in which patrons carry their food from inside the premises to tables located outside.

(d) Application.
(1) An application for permission to have outdoor dining shall be on a form provided by the Village and shall include at least the following:
A. The name, mailing address, and telephone number of the applicant and the owner of the property (if different from the applicant).
B. A detailed drawing to scale of the site indicating the following: the layout and dimensions of the proposed outdoor dining area; the points of ingress and egress; and the proposed locations of tables, chairs, serving equipment, railings, awnings, umbrellas, trash receptacles and other facilities to be used. If electricity is to be provided, the locations of electrical lines and fixtures shall be noted. For a sidewalk café, the drawing must also include the location of existing nearby public improvements, including street signs, street lights, mail boxes, trees, planting boxes, etc.
C. A copy of a valid Health Division permit.
D. If alcohol is to be served, a copy of a valid State of Michigan liquor license.
E. The application fee (and Village license fee, if applicable).
(2) The Building Official shall review the site plan and related documents to determine compliance with the Building Code and Zoning Ordinance.
(3) A permit may be issued by the Building Official upon approval of a site plan by the Village Council. The site plan shall be prepared in accordance with this sub section.
(4) In addition to site plan approval, proposed outdoor dining facilities shall require approval by the Historic District Commission.

(e) License. Anyone applying for permission to have outdoor dining on the public sidewalk or right of way must execute a license agreement approved by the Village Council.

(f) Indemnification, Insurance. The owner of a sidewalk café shall indemnify and hold harmless the Village and its agencies and employees from any liability arising from the existence of the outdoor dining area on the public right of way and shall provide insurance protecting the Village and the public from such claims as required by the license.

(g) Public safety and access.
(1) An outdoor dining area shall not obstruct any fire exit, fire escape, or other required means of ingress and egress.
(2) Outdoor dining areas within the public sidewalk or right of way, without limitation any signage, furnishings and display items, must maintain an unobstructed sidewalk width of five feet and shall not be closer than five feet to the edge of the road.
(3) Outdoor dining areas shall not obstruct the line of sight of vehicular or pedestrian traffic.
(4) Outdoor dining areas shall not interfere with any public service facility, such as a mailbox or a bench, located on a sidewalk.

(h) Barrier free access. An outdoor dining area shall at all times comply with applicable Federal, State, and Village laws, ordinances and regulations concerning accessibility and non discrimination of service.

(i) Hours of operation. Outdoor dining must cease at the close of business, or by 11:00 p.m., whichever is earlier.

(j) Alcohol consumption. The sale and consumption of alcoholic beverages in an outdoor dining establishment shall be restricted by the liquor license governing the restaurant. Any seating area where alcoholic beverages are to be served, sold, or consumed shall be enclosed by a railing and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor dining area, except to the interior of the restaurant.

(k) Quality of furnishings. Outdoor furnishings, objects and finishes shall be of quality design, materials, and workmanship, in keeping with the historic district guidelines, both to ensure the safety and convenience of users and to enhance the visual and aesthetic quality of the environment, subject to approval of the site plan.

(l) Signs. No sign shall be allowed at any outdoor dining facility except for:
(1) The name of the establishment on an awning or umbrella fringe, and
(2) One menu board sign, not to exceed six square feet, which may be displayed within the outdoor dining area. The sign can be mounted permanently (for example, on a wall), but if it is mounted on an easel or other easily removable fixture, then it must be stored indoors each night.

(3) The menu board sign shall be constructed of durable, weather resistant materials, such as but not limited to: stainless steel or aluminum frame, Lexan or Plexiglass cover, and a slate or porcelain board. Cardboard signs are prohibited.

(m) Public health measures. Refuse containers must be provided and serviced. All outdoor dining areas shall be cleared of trash, debris and litter at the time of closing each day. No soiled food service equipment, utensils or tableware may be kept in the outdoor dining area.

(n) Seasonal removal. Tables, chairs and other furnishings and accessories may be left in place overnight during seasonal operation but shall be removed and stored indoors whenever outdoor dining is not in seasonal operation.

(o) Exterior lighting. Exterior lighting shall be subdued and downward directed. No wall pack fixtures shall be used. Lighting shall be shut off each night when outdoor dining is concluded.

(p) Miscellaneous provisions. Outdoor dining areas shall be located on an impervious surface or on an approved pervious paving surface. Outdoor dining shall not occupy required parking areas.
(Ord. 2009-01. Passed 5-11-09.)