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The Docket · Government Meeting · DKT-2026-001438

On the agenda: Rocky Mount meeting — Data Center (Feb 24)

Past  ⚠ Agenda Watch  Rocky Mount, Virginia · Tuesday, February 24, 2026 — 7 months ago

About this record

The published agenda for this February 24 meeting contains: "Data Center", "data center", "Data center", "Colocation". The meeting has passed; the record and its outcome live here permanently.

WhenTuesday, February 24, 2026
Check the agenda document for the meeting time.
WhereRocky Mount, Virginia
On the record“Data Center”“data center”“Data center”“Colocation”“colocation”

The agenda — from the public record

Government public record — the text of the published document (large document; partial archive — read the original for the complete record), archived August 28, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

156 pages · scroll to read
Page 1 of 156

Franklin County Zoning Ordinance Update
Planning Commission Worksession #6
February 24, 2026
Project Overview

Franklin County has enlisted the support of Berkley Group to update, modernize, and restructure the Zoning
Ordinance. The revised Zoning Ordinance:
 Provides streamlined and user-friendly regulations;
 Incorporates best planning practices and current Code of Virginia requirements;
 Addresses the goals and strategies identified in the Comprehensive Plan; and
 Considers citizen needs and issues identified through the public engagement process.
This process was guided by County staff, the Planning Commission, and the Board of Supervisors, including
input from stakeholders and County residents.

Agenda

1. Schedule & Progress to Date – 5 minutes
2. Draft Compiled Zoning Ordinance Review – 110 minutes
3. Next Steps – 5 minutes

Schedule:

Drafting Worksession Memo l Page 1 of 4

Page 2 of 156

Franklin County Zoning Ordinance Update
Planning Commission Worksession #6
February 24, 2026
Progress to Date:
 Staff Kickoff – Held on July 16, 2024. Berkley Group conducted a kickoff meeting with Franklin County
staff to review the scope of work and deliverable items.

 Joint Kickoff Worksession – Held on August 22, 2024. During this meeting, Berkley Group presented

the scope of work and schedule for the Zoning Ordinance update process to the Planning Commission
and Board of Supervisors.

 Public Engagement – Public engagement offered opportunities to collect community feedback on
priorities for the Ordinance update.
o

o
o

An online public survey was conducted from September 20 through October 24, 2024.

Public workshops were held on September 23, and October 23, 2024.
Focus group sessions were held September 23, 2024.

 Joint Worksession — Held on January 23, 2025. During this meeting, Berkley Group presented the
Public Engagement Summary, the Franklin County Housing Assessment, and the Zoning Ordinance
Diagnostic Report to the Planning Commission and Board of Supervisors.

 Drafting Worksession #1 — Held on March 12, 2025. During this meeting, Berkley Group presented

Articles 1, 2, 3, and 9 to the Planning Commission. Feedback was received from staff and commissioners
both in-person and in writing.

 Drafting Worksession #2 — Held on May 14, 2025. During this meeting, Berkley Group presented

Article 4 to the Planning Commission. Feedback was received from staff and commissioners both inperson and in writing.

 Drafting Worksession #3 — Held on July 16, 2025. During this meeting, Berkley Group presented

Article 5 to the Planning Commission. Feedback was received from staff and commissioners both inperson and in writing.

 Board of Supervisors Update — July 30, 2025. Berkley Group provided a memo to be presented to the
Board of Supervisors by County staff. This included the drafted Zoning Ordinance articles and an indepth update of the process thus far.

 Drafting Worksession #4 — Held on September 10, 2025. During this meeting, Berkley Group
presented Articles 6 and 7 to the Planning Commission. Feedback was received from staff and

commissioners both in-person and in writing.

 Drafting Worksession #5 — Held November 12, 2025. During this meeting, Berkley Group presented
Article 8 and a proposed new use to the Planning Commission. Feedback was received from staff and
commissioners both in-person and in writing.

 Board of Supervisors Update — January 22, 2026. Berkley Group provided a memo to be presented to
the Board of Supervisors by County staff. This included the drafted Zoning Ordinance and an in-depth
update of the process thus far.

Drafting Worksession Memo l Page 2 of 4

Page 3 of 156

Franklin County Zoning Ordinance Update
Planning Commission Worksession #6
February 25, 2026
 Board of Supervisors’ Meetings — February 11 and 12, 2026. Berkley Group and Franklin County

facilitated four virtual meetings, with one or two members of the Board of Supervisors at a time, to

answer questions about the current draft of the Zoning Ordinance. Feedback was received from staff
and Board members. The feedback will be compiled and discussed at the next joint worksession.

ATTACHMENT A: DRAFT ZONING ORDINANCE
All revisions that were approved thus far during the joint worksessions, including those facilitated by Berkley
Group and those facilitated by staff, have been incorporated.
Please note: The editor’s footnotes in red text indicate revisions that were made to the draft
according to guidance/request of the Board of Supervisors, Planning Commission, and County staff.
These include all comments received by Berkley Group as of January 16, 2026.

ATTACHMENT B: SUMMARY OF CHANGES MEMO
This summary highlights notable differences between the existing ordinance and the proposed draft ordinance
(these are also documented in the footnotes within each Article).
The summary memo and the footnotes serve complementary roles and should be read together. The summary
memo provides a high-level overview of changes that would generally be considered major, represent a
substantive shift from the existing ordinance, or warranted more extensive discussion. The footnotes within
each Article provide more detailed context, including where provisions were retained from the existing
ordinance, where revisions reflect County feedback, and the rationale for additions, removals, or refinements.
Together, these materials are meant to offer both an accessible overview and a transparent, section-by-section
explanation of the proposed changes.

ATTACHMENT C: CROSSWALK
The Crosswalk is provided as a reference tool to help readers track how provisions from the existing zoning
ordinance have been reorganized within the proposed draft ordinance. It identifies the current article, division,
and section where a provision appears in the existing ordinance and shows the corresponding location in the
draft ordinance. The Crosswalk is not intended to indicate whether language was revised, retained verbatim, or
substantively changed, but rather to assist with navigation and comparison between the two documents.

Next Steps

The County will host a public open house March 26, 2025, 5:00 p.m. to 7:00 p.m. at the Franklin

Center to receive public input on the compiled draft ordinance. From 3:00 p.m. to 5:00 p.m. the
open house displays and materials will be available for Board of Supervisors members to drop
by to discuss the displays with staff from the County and Berkley Group.

Drafting Worksession Memo l Page 3 of 4

Page 4 of 156

Franklin County Zoning Ordinance Update
Planning Commission Worksession #6
February 24, 2026

Berkley Group will compile all public input received.
o

Final joint worksession with Planning Commission and the Board of Supervisors on May 13,

2026, at 5:00 p.m. to review and receive feedback on the public input and the full ordinance
prior to public hearings. Berkley Group will make final revisions to the draft Zoning
Ordinance, based on direction received at this worksession.


Planning Commission public hearing June 9, 2026, 6:00 p.m.

Board of Supervisors public hearing July 21, 2026, 6:00 p.m.

Drafting Worksession Memo l Page 4 of 4

Page 5 of 156

ATTACHMENT A

Page 6 of 156

County of Franklin, Virginia
Zoning & Subdivision Ordinance
DRAFT

PLANNING COMMISSION WORKSESSION
FEBRUARY 24, 2026

Prepared By

Page 7 of 156

Table of Contents
Article 1. GENERAL ........................................................................................................................................... 1-1
Division 1-1. ENACTMENT AND AUTHORITY ...................................................................................... 1-1
Section 1-1-1. Title. .................................................................................................................................... 1-1
Section 1-1-2. Authority. ......................................................................................................................... 1-1
Section 1-1-3. Purpose............................................................................................................................. 1-1
Section 1-1-4. Applicability. ................................................................................................................... 1-2
Section 1-1-5. Conformity with Ordinance Required. ................................................................. 1-3
Section 1-1-6. Severability. ..................................................................................................................... 1-3
Division 1-2. ORDINANCE CONFLICTS AND INTERPRETATION ................................................... 1-3
Section 1-2-1. Interpretation. ................................................................................................................ 1-3
Section 1-2-2. Figures and References in Ordinance................................................................... 1-4
Division 1-3. ZONING DISTRICTS MAP .................................................................................................. 1-4
Section 1-3-1. Establishment, Maintenance, and Amendment. .............................................. 1-4
Section 1-3-2. Incorporated by Reference. ...................................................................................... 1-5
Section 1-3-3. Interpretation of Zoning District Boundaries. ................................................... 1-5
Section 1-3-4. Unauthorized Changes. .............................................................................................. 1-6
Division 1-4. TRANSITION OF REGULATIONS AFTER ADOPTION ............................................... 1-6
Section 1-4-1. Effective Date of Ordinance. .................................................................................... 1-6
Section 1-4-2. Violations Continue. .................................................................................................... 1-6
Section 1-4-3. Nonconformities. .......................................................................................................... 1-6
Section 1-4-4. Complete Applications and/or Plats. .................................................................... 1-6
Section 1-4-5. Other Approved Permits and Development Approvals. ............................... 1-7
Section 1-4-6. Vested Rights.................................................................................................................. 1-7
Article 2. ADMINISTRATION ....................................................................................................................... 2-1
Division 2-1. ZONING ADMINISTRATOR ............................................................................................... 2-1
Section 2-1-1. Appointment; Powers; and Duties. ........................................................................ 2-1

Page 8 of 156

Division 2-2. PLANNING COMMISSION ................................................................................................ 2-1
Section 2-2-1. Appointment; Terms; Membership; Compensation; Removal. ................... 2-1
Section 2-2-2. Powers and Duties........................................................................................................ 2-2
Section 2-2-3. Meetings and Procedures. ........................................................................................ 2-2
Section 2-2-4. Expenditures; Gifts and Donations. ....................................................................... 2-2
Division 2-3. BOARD OF ZONING APPEALS ......................................................................................... 2-2
Section 2-3-1. Appointment; Terms; Membership; Compensation; Removal. ................... 2-2
Section 2-3-2. Powers and Duties........................................................................................................ 2-2
Section 2-3-3. Meetings and Procedures. ........................................................................................ 2-3
Division 2-4. ENFORCEMENT ..................................................................................................................... 2-4
Section 2-4-1. Authority. ......................................................................................................................... 2-4
Section 2-4-2. Complaints and Inspection. ...................................................................................... 2-4
Section 2-4-3. Notice of Violation. ...................................................................................................... 2-4
Section 2-4-4. Remedies and Penalties for Violation................................................................... 2-5
Article 3.

PERMITS AND APPLICATIONS ..................................................................................... 3-1

Division 3-1.

IN GENERAL. .............................................................................................................. 3-1

Section 3-1-1.

Preapplication Meeting. ................................................................................... 3-1

Section 3-1-2.

Minimum Submission Standards. ................................................................ 3-1

Section 3-1-3.

Forms. ...................................................................................................................... 3-1

Section 3-1-4.

Ownership and Interests Disclosures.......................................................... 3-2

Section 3-1-5.

Fees and Charges. .............................................................................................. 3-2

Section 3-1-6.

Withdrawal of Applications. ........................................................................... 3-3

Section 3-1-7.

Reconsiderations................................................................................................. 3-3

Division 3-2.

ZONING TEXT AND MAP AMENDMENTS ..................................................... 3-3

Section 3-2-1.

In General. ............................................................................................................. 3-3

Section 3-2-2.

Standards and Procedures. ............................................................................. 3-4

Division 3-3.

CONDITIONAL ZONING AND PROFFERS ...................................................... 3-5

Section 3-3-1.

Purpose and Intent. ........................................................................................... 3-5

Section 3-3-2.

Standards and Procedures. ............................................................................. 3-5

Page 9 of 156

Section 3-3-3.

Amendments. ....................................................................................................... 3-7

Section 3-3-4.

Effect of Condition; Period of Validity. ....................................................... 3-8

Section 3-3-5.

Record of Conditional Zoning. ...................................................................... 3-8

Division 3-4.

SPECIAL USE PERMITS ........................................................................................... 3-8

Section 3-4-1.

Purpose and Intent. ........................................................................................... 3-8

Section 3-4-2.

Applicability. ......................................................................................................... 3-9

Section 3-4-3.

Standards and Procedures. ............................................................................. 3-9

Section 3-4-4.

Effect of Decision; Period of Validity. ....................................................... 3-10

Section 3-4-5.

Revocations. ....................................................................................................... 3-11

Division 3-5.

VARIANCES.............................................................................................................. 3-11

Section 3-5-1.

Purpose and Intent. ........................................................................................ 3-11

Section 3-5-2.

Standards and Procedures. .......................................................................... 3-11

Section 3-5-3.

Effect of Decision; Period of Validity. ....................................................... 3-12

Division 3-6.

CONCEPT PLANS .................................................................................................. 3-13

Section 3-6-1.

Purpose and Intent. ........................................................................................ 3-13

Section 3-6-2.

Concept Plan Specifications and Content. ............................................ 3-13

Division 3-7.

SITE PLANS .............................................................................................................. 3-14

Section 3-7-1.

Definition. ........................................................................................................... 3-14

Section 3-7-2.

Purpose and Intent. ........................................................................................ 3-14

Section 3-7-3.

Applicability. ...................................................................................................... 3-15

Section 3-7-4.

Site Plan Specifications, Generally. ........................................................... 3-16

Section 3-7-5.

Minor Site Plan Contents.............................................................................. 3-17

Section 3-7-6.

Major Site Plan Contents. ............................................................................. 3-18

Section 3-7-7.

Standards and Improvements. ................................................................... 3-21

Section 3-7-8.

Review. ................................................................................................................. 3-22

Section 3-7-9.

Amendment of Site Plans............................................................................. 3-23

Section 3-7-10.

Security for Improvements. ....................................................................... 3-24

Section 3-7-11.

Compliance with Approved Site Plan Required. ............................... 3-25

Section 3-7-12.

Period of Validity. .......................................................................................... 3-26

Page 10 of 156

Division 3-8.

ZONING PERMITS................................................................................................. 3-26

Section 3-8-1.

Applicability. ...................................................................................................... 3-26

Section 3-8-2.

Standards and Procedures. .......................................................................... 3-26

Section 3-8-3.

Period of Validity. ............................................................................................. 3-27

Division 3-9.
Section 3-9-1.
Division 3-10.

CERTIFICATES OF OCCUPANCY ....................................................................... 3-28
Certificate specifications. .............................................................................. 3-28
ZONING DETERMINATIONS ............................................................................. 3-28

Section 3-10-1.

Applicability. .................................................................................................... 3-28

Section 3-10-2.

Standards and Procedures. ....................................................................... 3-29

Division 3-11.

APPEALS ................................................................................................................... 3-29

Section 3-11-1.
29

Appeals of Zoning Administrator Determinations and Decisions.. 3-

Section 3-11-2.

Appeals to Board of Zoning Appeals Procedure.............................. 3-29

Section 3-11-3.
Appeals of Board of Zoning Appeals, Planning Commission, or
Board of Supervisors. ...................................................................................................................... 3-30
Section 3-11-4.
30

Construction in Violation of Ordinance Without Appeal to BZA.... 3-

Section 3-11-5.

Stay of Proceedings...................................................................................... 3-30

Division 3-12.

PUBLIC HEARINGS AND NOTIFICATIONS................................................... 3-30

Section 3-12-1.

Public Hearing Required. ........................................................................... 3-30

Section 3-12-2.

Advertisements and Mailings. .................................................................. 3-31

Section 3-12-3.

Posting Notice on Property. ..................................................................... 3-32

Section 3-12-4.

Waiver of Notice. ........................................................................................... 3-33

Article 4. PRIMARY ZONING DISTRICTS ............................................................................................... 4-1
Division 4-1. ESTABLISHMENT AND PURPOSE ................................................................................... 4-1
Section 4-1-1. Establishment of Primary Districts. ........................................................................ 4-1
Section 4-1-2. References to Primary District Names.................................................................. 4-2
Section 4-1-3. Purpose and Intent of Primary Districts. ............................................................. 4-2
Division 4-2. GENERAL DISTRICT STANDARDS ................................................................................... 4-5
Section 4-2-1. General.............................................................................................................................. 4-5

Page 11 of 156

Section 4-2-2. Additional Standards................................................................................................... 4-5
Division 4-3. AGRICULTURAL DISTRICTS DIMENSIONAL STANDARDS..................................... 4-6
Section 4-3-1. A-1, Agricultural Preservation and A-2, Agricultural Residential Districts
Regulations. ........................................................................................................................................... 4-6
Division 4-4. RESIDENTIAL DISTRICTS DIMENSIONAL STANDARDS ......................................... 4-8
Section 4-4-1. RE, Residential Estates, R-1, Low Density Residential District, and R-2,
Medium Density Residential District Regulations. ................................................................. 4-8
Section 4-4-2. RC-1, Mixed Residential and RMF, Multi-unit Residential District
Regulations. ........................................................................................................................................... 4-9
Division 4-5. COMMERCIAL DISTRICTS DIMENSIONAL STANDARDS .................................... 4-11
Section 4-5-1. B-1, Business District, Limited and B-2, Business District, General,
Regulations. ........................................................................................................................................ 4-11
Division 4-6. PLANNED DISTRICTS DIMENSIONAL STANDARDS ............................................. 4-12
Section 4-6-1. Planned Districts Regulations. .............................................................................. 4-12
Section 4-6-2. General........................................................................................................................... 4-12
Section 4-6-3. Additional Standards................................................................................................ 4-13
Section 4-6-4. PCD Planned Commercial Development District.......................................... 4-13
Section 4-6-5. RPD Residential Planned Unit Development District. ................................. 4-15
Section 4-6-6. REP Regional Enterprise Park District. ............................................................... 4-17
Division 4-7. INDUSTRIAL DISTRICTS DIMENSIONAL STANDARDS ........................................ 4-18
Section 4-7-1. M-1 Industrial, Limited District and M-2 Industrial, General District. .. 4-18
Division 4-8. MEASUREMENT STANDARDS, ENCROACHMENTS, AND EXEMPTIONS. .... 4-20
Section 4-8-1. Lot and Setback Determination and Measurement. ................................... 4-20
Section 4-8-2. Height............................................................................................................................. 4-23
Section 4-8-3. Encroachments and Exemptions. ........................................................................ 4-24
Division 4-9. RESIDENTIAL CLUSTER DEVELOPMENTS. ................................................................ 4-25
Section 4-9-1. Purpose.......................................................................................................................... 4-25
Section 4-9-2. General........................................................................................................................... 4-26
Section 4-9-3. Development Standards. ........................................................................................ 4-26
Article 5. OVERLAY ZONING DISTRICTS ............................................................................................... 5-1

Page 12 of 156

Division 5-1. ESTABLISHMENT AND PURPOSE. .................................................................................. 5-1
Section 5-1-1. General.............................................................................................................................. 5-1
Section 5-1-2. Purpose and Intent of Overlay Districts. ............................................................. 5-1
Division 5-2. APPLICABILITY OF DEVELOPMENT STANDARDS..................................................... 5-3
Section 5-2-1. General.............................................................................................................................. 5-3
Division 5-3. 220-NORTH OVERLAY DISTRICTS – GENERAL .......................................................... 5-4
Section 5-3-1. Applicability. ................................................................................................................... 5-4
Section 5-3-2. Development and Design Standards. ................................................................... 5-4
Section 5-3-3. Access and Internal Circulation Standards. ........................................................ 5-4
Division 5-4. 220-NORTH SCENIC GATEWAY OVERLAY DISTRICT (220-NSG). ....................... 5-6
Section 5-4-1. Applicability. ................................................................................................................... 5-6
Section 5-4-2. Permitted Uses............................................................................................................... 5-6
Section 5-4-3. Development and Design Standards. ................................................................... 5-7
Division 5-5. 220-NORTH RURAL DEVELOPMENT OVERLAY DISTRICT (220-NRD). ............ 5-8
Section 5-5-1. Applicability. ................................................................................................................... 5-8
Section 5-5-2. Permitted Uses............................................................................................................... 5-8
Section 5-5-3. Development and Design Standards. ................................................................... 5-8
Division 5-6. 220-NORTH MIXED-USE OVERLAY DISTRICT (220-NMU). .................................. 5-9
Section 5-6-1. Applicability. ................................................................................................................... 5-9
Section 5-6-2. Permitted Uses............................................................................................................... 5-9
Section 5-6-3. Development and Design Standards. ................................................................ 5-10
Division 5-7. VILLAGE OVERLAY DISTRICT (VOD). .......................................................................... 5-11
Section 5-7-1. Applicability. ................................................................................................................ 5-11
Section 5-7-2. Permitted Uses............................................................................................................ 5-12
Section 5-7-3. Prohibited Uses. ......................................................................................................... 5-12
Section 5-7-4. Uses Allowed by Special Use Permit. ................................................................. 5-13
Section 5-7-5. Village Overlay District Standards. ..................................................................... 5-13
Section 5-7-6. Access and Internal Circulation Standards. ..................................................... 5-17
Article 6. USE MATRIX .................................................................................................................................... 6-1

Page 13 of 156

Division 6-1. USES PROVIDED .................................................................................................................... 6-1
Section 6-1-1. Organization. .................................................................................................................. 6-1
Section 6-1-2. Abbreviations in Use Matrix. .................................................................................... 6-1
Division 6-2. USES NOT PROVIDED ......................................................................................................... 6-1
Section 6-2-1. Uses Not Provided. ...................................................................................................... 6-1
Division 6-3. USE MATRIX. ........................................................................................................................... 6-1
Section 6-3-1. Table 6-1. Use Matrix. ................................................................................................. 6-1
Article 7. USE STANDARDS0F ........................................................................................................................ 7-1
Division 7-1. GENERAL .................................................................................................................................. 7-1
Section 7-1-1. Purpose and Intent. ..................................................................................................... 7-1
Section 7-1-2. Compliance with Other Regulations. .................................................................... 7-1
Division 7-2. Agricultural Use Standards ............................................................................................... 7-1
Section 7-2-1. Agriculture/Silviculture............................................................................................... 7-1
Section 7-2-2. Agriculture, Intensive.1F ............................................................................................... 7-1
Section 7-2-3. Agriculture, Residential. ............................................................................................. 7-4
Section 7-2-4. Agritourism. .................................................................................................................... 7-5
Section 7-2-5. Equestrian Facility, Commercial. ............................................................................. 7-6
Section 7-2-6. Equestrian Facility, Private......................................................................................... 7-7
Section 7-2-7. Slaughterhouse. ............................................................................................................ 7-7
Section 7-2-8. Temporary Timber Processing.6F ............................................................................. 7-8
Division 7-3. Residential Use Standards................................................................................................. 7-8
Section 7-3-1. Bed and Breakfast.7F ..................................................................................................... 7-8
Section 7-3-2. Dwelling, Accessory.8F.................................................................................................. 7-9
Section 7-3-3. Dwelling, Manufactured, Detached.10F ................................................................ 7-10
Section 7-3-4. Dwelling, Manufactured Attached. ..................................................................... 7-10
Section 7-3-5. Dwelling, Multi-Unit. ................................................................................................ 7-10
Section 7-3-6. Dwelling, Townhouse. .............................................................................................. 7-12
Section 7-3-7. Family Health Care Structure, Temporary. ....................................................... 7-13
Section 7-3-8. Home Occupation, Class A.11F ................................................................................. 7-13

Page 14 of 156

Section 7-3-9. Home Occupation, Class B.12F ................................................................................. 7-14
Section 7-3-10. Home Occupation, Class C. ................................................................................. 7-15
Section 7-3-11. Manufactured Home Park. .................................................................................. 7-16
Section 7-3-12. Short-Term Rental.13F................................................................................................ 7-16
Section 7-3-13. Temporary Construction Residence/Office.19F ............................................... 7-19
Division 7-4. Public, Civic, and Recreational Use Standards ....................................................... 7-20
Section 7-4-1. Campground.20F ............................................................................................................ 7-20
Section 7-4-2. Campground, Primitive. .......................................................................................... 7-22
Section 7-4-3. Shelter, Animal.22F ........................................................................................................ 7-22
Section 7-4-4. Telecommunications Facility. 23F ............................................................................. 7-23
Section 7-4-5. Telecommunications Facility, Small Cell.35F ........................................................ 7-32
Section 7-4-6. Utility Service, Major. ............................................................................................... 7-35
Division 7-5. Commercial Use Standards ........................................................................................... 7-37
Section 7-5-1. Adult Use.38F ................................................................................................................... 7-37
Section 7-5-2. Automobile Sales and Rental; Automobile Service, Major; Automobile
Service, Minor. ................................................................................................................................... 7-39
Section 7-5-3. Car Wash. ...................................................................................................................... 7-40
Section 7-5-4. Crematory. .................................................................................................................... 7-41
Section 7-5-5. Drive-Through Window. ......................................................................................... 7-41
Section 7-5-6. Event Venue. ................................................................................................................ 7-42
Section 7-5-7. Fuel Center. .................................................................................................................. 7-43
Section 7-5-8. Kennel, Commercial. ................................................................................................. 7-44
Section 7-5-9. Manufactured Home Sales. ................................................................................... 7-45
Section 7-5-10. Mobile Food Vendor. ............................................................................................. 7-45
Section 7-5-11. Outdoor Sales, Seasonal/Temporary. .............................................................. 7-47
Section 7-5-12. Parking Facility, Commercial. .............................................................................. 7-47
Section 7-5-13. Recreational Vehicle (RV) Storage Facility. .................................................... 7-48
Section 7-5-14. Recreation/Entertainment, Commercial Outdoor. ..................................... 7-48
Section 7-5-15. Retail Marijuana Store.42F........................................................................................ 7-49

Page 15 of 156

Section 7-5-16. Smoke/Vape Shop. ................................................................................................. 7-50
Section 7-5-17. Veterinary Hospital/Clinic. ................................................................................... 7-50
Division 7-6. Industrial Use Standards ................................................................................................. 7-51
Section 7-6-1. Battery Energy Storage Facility. ........................................................................... 7-51
Section 7-6-2. Data Center. ................................................................................................................. 7-54
Section 7-6-3. Equipment Sales, Service, and Repair (Heavy). .............................................. 7-57
Section 7-6-4. Junkyard/Salvage Yard. ........................................................................................... 7-58
Section 7-6-5. Power Station/Plant. ................................................................................................. 7-59
Section 7-6-6. Self-Storage Facility. ................................................................................................. 7-66
Section 7-6-7. Truck Stop. .................................................................................................................... 7-67
Division 7-7. Miscellaneous Use Standards ....................................................................................... 7-68
Section 7-7-1. Accessory Structure. ................................................................................................. 7-68
Section 7-7-2. Air Navigation Facility.48F .......................................................................................... 7-69
Section 7-7-3. Construction Temporary Use.52F ............................................................................. 7-70
Section 7-7-4. Electric Vehicle (EV) Charging Station. .............................................................. 7-71
Section 7-7-5. Garage, Principal.53F..................................................................................................... 7-73
Section 7-7-6. Outdoor Storage. ....................................................................................................... 7-73
Section 7-7-7. Solar Energy, Accessory.56F ....................................................................................... 7-73
Section 7-7-8. Solar Energy, Utility-Scale Ground Mounted.60F .............................................. 7-76
Section 7-7-9. Solar Energy, Medium-Scale Ground Mounted. ........................................... 7-89
Section 7-7-10. Solar Energy, Structure Mounted. .................................................................... 7-92
Section 7-7-11. Structure, Mixed-Use. ............................................................................................ 7-95
Section 7-7-12. Temporary Event.87F .................................................................................................. 7-95
Section 7-7-13. Wind Energy Facility, Accessory.92F ..................................................................... 7-97
Section 7-7-14. Wind Energy Generating Facility93F. ................................................................... 7-98
Section 7-7-15. Yard or Garage Sale. ............................................................................................. 7-101
Article 8. Community Design Standards ............................................................................................... 8-1
Division 8-1. General. .................................................................................................................................... 8-1
Section 8-1-1. Purpose............................................................................................................................. 8-1

Page 16 of 156

Division 8-2. Visibility Clearance. .............................................................................................................. 8-1
Section 8-2-1. General.............................................................................................................................. 8-1
Division 8-3. Lighting..................................................................................................................................... 8-2
Section 8-3-1. Intent. ................................................................................................................................ 8-2
Section 8-3-2. Applicability. ................................................................................................................... 8-2
Section 8-3-3. Exemptions. ..................................................................................................................... 8-2
Section 8-3-4. Nonconforming Lighting. .......................................................................................... 8-3
Section 8-3-5. Lighting Plan................................................................................................................... 8-4
Section 8-3-6. Standards. ........................................................................................................................ 8-4
Division 8-4. Landscaping and Screening. ............................................................................................ 8-5
Section 8-4-1. Intent. ................................................................................................................................ 8-5
Section 8-4-2. Applicability. ................................................................................................................... 8-6
Section 8-4-3. Landscape Plan Requirements. ............................................................................... 8-6
Section 8-4-4. Planting Standards. ...................................................................................................... 8-7
Section 8-4-5. Transitional and Frontage Buffers. ...................................................................... 8-10
Section 8-4-6. Parking Lot Landscaping. ....................................................................................... 8-13
Section 8-4-7. Screening and Enclosures. ..................................................................................... 8-15
Section 8-4-8. Modifications. ............................................................................................................. 8-15
Division 8-5. Walls and Fences. .............................................................................................................. 8-16
Section 8-5-1. Intent. ............................................................................................................................. 8-16
Section 8-5-2. Applicability. ................................................................................................................ 8-16
Section 8-5-3. Location. ........................................................................................................................ 8-17
Section 8-5-4. Height............................................................................................................................. 8-17
Section 8-5-5. Materials........................................................................................................................ 8-18
Section 8-5-6. Maintenance. ............................................................................................................... 8-18
Division 8-6. Signs. ...................................................................................................................................... 8-19
Section 8-6-1. Intent. ............................................................................................................................. 8-19
Section 8-6-2. Administration. ........................................................................................................... 8-19
Section 8-6-3. Exemptions. .................................................................................................................. 8-21

Page 17 of 156

Section 8-6-4. Prohibited. .................................................................................................................... 8-23
Section 8-6-5. Measurement and General Standards. ............................................................. 8-24
Section 8-6-6. Special Sign Standards. ........................................................................................... 8-25
Section 8-6-7. Permitted Signs by District. ................................................................................... 8-26
Section 8-6-8. Nonconforming Signs.............................................................................................. 8-28
Section 8-6-9. Maintenance and Enforcement............................................................................ 8-29
Section 8-6-10. Abandoned Signs.................................................................................................... 8-29
Division 8-7. Parking and Loading. ....................................................................................................... 8-30
Section 8-7-1. Intent. ............................................................................................................................. 8-30
Section 8-7-2. General........................................................................................................................... 8-30
Section 8-7-3. Obligations of Owner. ............................................................................................. 8-31
Section 8-7-4. Location to Use. ......................................................................................................... 8-31
Section 8-7-5. Joint/Shared Parking. ............................................................................................... 8-32
Section 8-7-6. Reduction or Increase. ............................................................................................. 8-32
Section 8-7-7. Parking Design Standards. ..................................................................................... 8-33
Section 8-7-8. Schedule of Required Spaces.,.............................................................................. 8-35
Section 8-7-9. Off-Street Loading Requirements. ...................................................................... 8-39
Section 8-7-10. Off-Street Loading Design Standards. ............................................................ 8-40
Section 8-7-11. Schedule of Required Off-Street Loading Spaces. .................................... 8-41
Division 8-8. Streets and Sidewalks. ..................................................................................................... 8-41
Section 8-8-1. Intent. ............................................................................................................................. 8-41
Section 8-8-2. Applicability. ................................................................................................................ 8-41
Section 8-8-3. Public Streets. .............................................................................................................. 8-41
Section 8-8-4. Private Streets. ............................................................................................................ 8-42
Section 8-8-5. Design Standards....................................................................................................... 8-42
Division 8-9. Open Space.......................................................................................................................... 8-44
Section 8-9-1. Intent. ............................................................................................................................. 8-44
Section 8-9-2. Applicability. ................................................................................................................ 8-44
Section 8-9-3. Amount of Open Space Required. ...................................................................... 8-45

Page 18 of 156

Section 8-9-4. Areas Counted as Open Space. ........................................................................... 8-45
Section 8-9-5. Areas Not Counted As Open Space. .................................................................. 8-46
Section 8-9-6. Design and Development Standards. ................................................................ 8-47
Section 8-9-7. Ownership and Maintenance................................................................................ 8-48
Article 9. NONCONFORMITIES................................................................................................................... 9-1
Division 9-1. GENERAL. ................................................................................................................................. 9-1
Section 9-1-1. Intent. ................................................................................................................................ 9-1
Section 9-1-2. General.............................................................................................................................. 9-1
Division 9-2. NONCONFORMITIES........................................................................................................... 9-1
Section 9-2-1. Nonconforming Uses. ................................................................................................. 9-1
Section 9-2-2. Nonconforming Lots of Record. ............................................................................. 9-2
Section 9-2-3. Nonconforming Structures, Buildings, and Improvements. ........................ 9-3
Section 9-2-4. Repairs and Maintenance. ......................................................................................... 9-4
Article 10. DEFINITIONS ............................................................................................................................. 10-1
Division 10-1. WORD USAGE................................................................................................................... 10-1
Section 10-1-1. General. ....................................................................................................................... 10-1
Section 10-1-2. List of Abbreviations. ............................................................................................. 10-1
Division 10-2. DEFINITIONS FOR ARTICLES 1, 2, 3, 4, 5, 6, 7, 8, 9. ........................................... 10-3
Section 10-2-1. Definitions. ................................................................................................................. 10-3

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ARTICLE 1. GENERAL1
DIVISION 1-1. ENACTMENT AND AUTHORITY
Section 1-1-1. Title.
This chapter, known and cited as the “Zoning Ordinance of Franklin County” is hereby ordained,
enacted and published by the Board of Supervisors of Franklin County, Virginia, and shall be
permitted, for convenience, to be referred to as the “Zoning Ordinance” or “Ordinance.”

Section 1-1-2. Authority.
Pursuant to the Code of Virginia, § 15.2-2280 et seq., the County of Franklin, Virginia, is given the
authority to classify and regulate land development under its jurisdiction.

Section 1-1-3. Purpose.
A. The purpose of this Ordinance, together with the accompanying official Zoning Map, is to
implement the Franklin County Comprehensive Plan; promote the health, safety, or general
welfare of the public; and of further accomplishing the objectives of § 15.2-2200 and § 15.2-2283,
of the Code of Virginia. This Ordinance is designed to give reasonable considerations to each of
the following purposes, where applicable:
(1) Provide for adequate light, air, convenience of access and safety from fire, flood, impounding
structure failure, crime, and other dangers;
(2) Reduce or prevent congestion in the public streets;
(3) Facilitate the creation of a convenient, attractive, and harmonious community;
(4) Facilitate the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports and other public requirements;
(5) Protect against destruction of or encroachment upon historic areas;
(6) Protect against one (1) or more of the following: overcrowding of land, undue density of
population in relation to the community facilities existing or available, obstruction of light and
air, danger and congestion in travel and transportation, or loss of life, health, or property from
fire, flood, impounding structure failure, panic or other dangers;
(7) Encourage economic development activities that provide desirable employment and enlarge
the tax base;
(8) Provide for the preservation of agricultural and forestal lands and other lands of significance
for the protection of the natural environment;

1

Editor’s Note: Unless otherwise noted, the content of this Article is from the existing Ordinance, Divisions 1
and 2.

Article 1 – General l Page 1-1 of 7

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(9) Promote the creation and preservation of affordable housing suitable for meeting the current
and future needs of the County as well as a reasonable proportion of the current and future
needs of the planning district within which the County is situated;
(10)Provide reasonable protection against encroachment upon military bases, military
installations, and military airports and their adjacent safety areas, excluding armories
operated by the Virginia National Guard;
(11)Provide reasonable modifications in accordance with the Americans with Disabilities Act of
1990 or state and federal fair housing laws, as applicable; and
(12)Protect surface water and ground water as defined in the Code of Virginia § 62.1-255.

Section 1-1-4. Applicability.
A. Pursuant to the Code of Virginia, § 15.2-2281, the provisions of this Ordinance shall apply to all
areas designated under Territorial Application in this Section, with the exception that any property
held in fee simple ownership and used by the United States of America, the Commonwealth of
Virginia, or the government of the County of Franklin shall not be subject to the provisions
contained herein. Upon transfer of ownership or control of any portion of government lands to
private interests, the regulations of the district in which the land is located shall automatically
apply. 2
(1) Pursuant to the Code of Virginia, § 15.2-2284, the zoning regulations and districts as herein
set forth have been drawn and shall be applied with reasonable consideration for the existing
use and character of property, the Comprehensive Plan, the suitability of properties for
various uses, the trends of growth or change, the current and future requirements of the
community as to land for various purposes as determined by population and economic
studies and other studies, the transportation requirements of the community, and the
requirements for airports, housing, schools, parks, playgrounds, recreation areas, and other
public services; and the conservation of natural resources, the preservation of flood plains,
the protection of life and property from impounding structure failures, the preservation of
agriculture and forestal land, the conservation of properties and their values, and the
encouragement of the most appropriate use of land in the zoned portions of Franklin County.
B. Territorial Application. 3 The provisions of this chapter shall apply to land and all structures in the
unincorporated territory of the following magisterial districts of Franklin County, Virginia, as they
existed on May 25, 1988:
(1) Union Hall Magisterial District;
(2) Gills Creek Magisterial District;
(3) Rocky Mount Magisterial District; and
(4) Boone Magisterial District.

2

Editor’s Note: A. and B. reword sections 25-3, 25-4, and 25-15 of the existing Ordinance per Code of VA.
Editor’s Note: B. this text is verbatim from the existing ordinance and still being reviewed with County staff and
legal counsel to ensure that the territory governed by the Zoning Ordinance is properly described.

3

Article 1 – General l Page 1-2 of 7

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There being seven (7) magisterial districts at the time of the adoption of this chapter.
C. The zoned areas of Franklin County shall be included in the zoning districts established by this
Ordinance, including all land, water areas, and waterways or watercourses, except:
(1) The area within the project boundary regulated by the Smith Mountain Pumped Storage
Project FERC No. 2210 Shoreline Management Plan, as amended, updated and issued January
30, 2014 by Appalachian Power Company.
a.

The project boundary for the Smith Mountain Development generally follows contour
elevation 800.0 National Geodetic Vertical Datum (NGVD) around the perimeter of the
Smith Mountain Reservoir. 4

Section 1-1-5. Conformity with Ordinance Required.
Except as otherwise provided in this Ordinance, all land, buildings, structures, and/or premises within
the zoned portions of the County shall only be used, occupied, erected, constructed, moved,
enlarged, and/or altered in conformance with this Ordinance’s regulations. 5

Section 1-1-6. Severability.
Should any Section or any provision of this Ordinance be decided by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof,
other than the part so held to be unconstitutional or invalid.

DIVISION 1-2. ORDINANCE CONFLICTS AND INTERPRETATION
Section 1-2-1. Interpretation. 6
A. The Administrator shall interpret this Ordinance based upon the following criteria:
(1) Provisions shall be considered the minimum required to promote the public health, safety,
convenience and general welfare;
(2) Unless otherwise specified, the standards of this Ordinance are the minimum required;
(3) When regulations of this Ordinance conflict with each other, other County Ordinances, or
state or federal law, the more restrictive regulation shall govern;
(4) This Ordinance does not abolish easements, covenants or other private agreements, however,
pursuant to the Code of Virginia, § 15.2-2315, where this Ordinance’s requirements vary with
the requirements of any other lawfully adopted statute, regulation, or ordinance, the most
restrictive, or the higher standard, shall control to the extent necessary to resolve the conflict;
(5) The County is not responsible for the enforcement of private provisions, restrictions, or
covenants;

4

Editor’s Note: Reference and description of the Smith Mountain Lake ownership boundary was added to clarify
that the area within the Appalachian Power/FERC Shoreline Management Plan is not zoned by the County.
5
Editor’s Note: A. rewords section 25-16 of the existing Ordinance.
6
Editor’s Note: This section reorganizes for clarity and updates existing sections 25-23 and 25-25 per Code of
VA.

Article 1 – General l Page 1-3 of 7

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DRAFT ARTICLE 1. GENERAL | MARCH 26, 2026
(6) A building, structure, or use which was not legally existing on _________ (effective date of
revised Ordinance) shall not be made lawful solely by adoption of this Ordinance;
(7) The Administrator is responsible for definitive interpretation of this Ordinance based upon the
following criteria: Conditions imposed or accepted as part of a zoning approval prior to
________ (effective date of revised Ordinance) shall remain in effect. However, as stated in
the Code of Virginia § 15.2-2261.1, if there is a conflict between conditions imposed through
those land use decisions and this Ordinance, the conditions shall apply. If there is no
condition that addresses a specific use or development standard of this Ordinance, this
Ordinance’s requirements shall govern.
B. For purposes of this Section, any proffer heretofore accepted by the Board of Supervisors in
accordance with Section 15.2-2296 through 15.2-2300 of the Code of Virginia, shall be continued
in effect and shall be construed to be a "local regulation" until amended or varied by the Board of
Supervisors in accordance with law, regardless of the repeal of any previous ordinance.

Section 1-2-2. Figures and References in Ordinance. 7
A. Where figures are contained in this Ordinance, they are provided for demonstrative purposes only
and are not a substantive part of this Ordinance.
B. If any section of this Ordinance incorporates by reference any state statute or regulation, then the
Ordinance incorporates future amendments of the state statute or regulation.

DIVISION 1-3. ZONING DISTRICTS MAP8
Section 1-3-1. Establishment, Maintenance, and Amendment.
A. The official location and boundaries of the primary, special, and overlay zoning district(s) are
hereby established as shown on the official “Zoning Map of Franklin County, Virginia” hereafter
referred to as the "Zoning Map."
B. The Zoning Map shall be available for examination and inspection by the public at all reasonable
times.
C. The original of the Zoning Map shall be filed in the Administrator's office and such original shall be
updated as the result of the following Board of Supervisors actions:
(1) Amendments to the Ordinance;
(2) Approval of a Rezoning (see Article 3, Division 2); or
(3) Approval of Conditional Zoning and Proffers (see Article 3, Division 3).

7

Editor’s Note: New section to establish figures and references in the Ordinance.
Editor’s Note: This division incorporates sections 25-5, 25-47, 25-729, 25-730, and 25-731 of the existing
Ordinance and reorganizes content for clarity.
8

Article 1 – General l Page 1-4 of 7

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 1. GENERAL | MARCH 26, 2026

Section 1-3-2. Incorporated by Reference. 9
The Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and
declared to be a part of this Ordinance.

Section 1-3-3. Interpretation of Zoning District Boundaries.
A. In any case in which there is uncertainty, contradiction, or conflict as to the location of any zoning
district boundary – due to scale, illegibility, lack of detail, physical or natural features vary from
those on the Zoning Map, or any other circumstances not covered by this section – the
Administrator will have the authority to interpret the district boundaries in accordance with
Article 2, Section 2-1-1 of this Ordinance.
(1) The Administrator’s interpretations may be appealed to the Board of Zoning Appeals BZA in
accordance with Article 3 of this Ordinance. The BZA will not have the power to change
substantially the locations of district boundaries. 10
B. The Zoning Map associated with this text and showing the division of the territory into districts
shall be interpreted with the following rules when uncertainty exists with respect to the
boundaries of any of the districts: 11
(1) Where district boundaries are fixed by dimensions or otherwise shown or described, there
shall be no uncertainty.
(2) Where a district boundary is indicated to follow a river, creek, branch, or other body of water,
said boundary shall be construed to follow the centerline at low water or at the limit of the
jurisdiction, and in the event of change in shoreline, such boundary shall be construed as
moving with the actual shoreline.
(3) Where district boundaries are indicated as approximately following or being at right angles to
the centerlines of streets, highways, alleys or railroad tracks, such centerline, or lines at right
angles to such centerlines, shall be construed to be such boundaries.
(4) Where election 12 district lines and centerlines both serve as the boundary, the election line
supersedes and should be used to interpret the district boundary. 13
(5) Where such boundaries are indicated as approximately following the lines of lots or other
parcels of record, such lot or parcel lines shall be construed to be such boundaries.
(6) If the specific location of a boundary, distances, or other dimensions cannot be determined
from notations on the Zoning Map or application of the above standards, they will be
determined by using the map scale and other features shown on the map. 14

9

Editor’s Note: New section added for clarity.
Editor’s Note: Items (A) and (1) replace section 25-47 (5) of the existing Ordinance.
11
Editor’s Note: Two items (7 & 8) were deleted from this list as requested at the March 12, 2025 worksession.
(These provisions pertained to parcels with split zoning.)
12
Editor’s Note: Replaced “magisterial” with “election” as requested at the March 12, 2025 worksession.
13
Editor’s Note: (4) rewords the existing Section 25-47. (1) for clarity.
14
Editor’s Note: New item for clarity.
10

Article 1 – General l Page 1-5 of 7

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Section 1-3-4. Unauthorized Changes. 15
No changes of any nature shall be made on the Zoning Map except in conformity with the procedures
and requirements of this Ordinance. It shall be unlawful for any person to make unauthorized changes
on the Zoning Map.

DIVISION 1-4. TRANSITION OF REGULATIONS AFTER ADOPTION
Section 1-4-1. Effective Date of Ordinance. 16
This Ordinance was adopted on ____ (date of adoption of revised Ordinance). This Ordinance will
become effective on ___ (effective date of revised Ordinance) and repeals and replaces any prior
Zoning Ordinance adopted in Franklin County. Its provisions shall be in force until repealed or
amended.

Section 1-4-2. Violations Continue.
Any development or activity in violation of the previous Zoning Ordinance will continue to be a
violation under this Ordinance unless the development or activity complies with the express terms of
this Ordinance.

Section 1-4-3. Nonconformities. 17
If any use, structure, lot, sign, or site feature legally existed immediately prior to ____ (effective date
of revised Ordinance) but does not fully comply with the standards of this Ordinance or any
amendment thereto, the use, structure, lot, sign, or site feature is considered nonconforming under
this Ordinance and must comply with the requirements in Article 9, Nonconformities, of this
Ordinance.

Section 1-4-4. Complete Applications and/or Plats.
A. This Section pertains to applications for the following:
(1) Zoning Text and Map Amendments (rezoning);
(2) Conditional Zoning;
(3) Special Use Permits; and
(4) Variances.
B. Applications and/or plats accepted as complete prior to ____ (effective date of revised
Ordinance), or deemed by the Administrator to be complete, prior to ____ (effective date of
revised Ordinance), but still pending final action as of that date, will be processed in accordance
with the regulations in effect when the submittal was accepted.
C. An applicant with a pending application and/or plat accepted prior to ____ (effective date of
revised Ordinance), may opt to have the proposed development reviewed and decided under the

15

Editor’s Note: New item for unauthorized changes.
Editor’s Note: New item to establish effective date.
17
Editor’s Note: Sections 1-4-3 to 1-4-5 expand upon language from section 25-49 of the existing Ordinance.
16

Article 1 – General l Page 1-6 of 7

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standards of this Ordinance by withdrawing the pending submittal and submitting a new
application and/or plat in accordance with the procedures and standards of this Ordinance.
D. To the extent such a complete application and/or plat is approved and proposes development
that does not comply with this Ordinance, the subsequent development, although permitted, will
be nonconforming and subject to the requirements of Article 9, Nonconformities, of this
Ordinance.

Section 1-4-5. Other Approved Permits and Development Approvals.
A. This Section pertains to applications for the following:
(1) Site Plans;
(2) Zoning Permits; and
(3) All other permit and development approvals not provided for in Section 1-4-4, above.
B. Any other permits or development approvals granted prior to ____ (effective date of revised
Ordinance), will remain valid until their expiration date.
(1) Developments with valid permits or development approvals granted prior to ____ (effective
date of revised Ordinance), may be carried out in accordance with the terms and conditions
of their approval and the development standards in effect at the time of approval, provided
the permit or development approval is valid and has not expired.
(2) If the prior approval expires or is revoked, any subsequent development or use of the site will
be subject to the requirements of this Ordinance.
(3) To the extent that a prior-approved permit or development approval does not comply with
this Ordinance, the subsequent building, development, or use, although permitted, will be
nonconforming and subject to the requirements of Article 9, Nonconformities, of this
Ordinance.

Section 1-4-6. Vested Rights. 18
A. The provisions of this Ordinance shall not impair a vested right of a property owner. The
Administrator shall be authorized to make determinations on whether a property owner’s rights
are deemed vested in a land use. Vested rights determinations shall be made in accordance with
the Code of Virginia § 15.2-2307.

18

Editor’s Note: New section per Code of VA.

Article 1 – General l Page 1-7 of 7

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DRAFT ARTICLE 2. ADMINISTRATION I MARCH 26, 2026

ARTICLE 2. ADMINISTRATION
DIVISION 2-1. ZONING ADMINISTRATOR 1
Section 2-1-1. Appointment; Powers; and Duties.
A.

This Ordinance and the Zoning Map shall be administered, interpreted, and enforced by the
Zoning Administrator (Administrator), who shall be appointed by the Board of Supervisors. The
Administrator shall exercise their authority at the pleasure of the Board of Supervisors and may
designate someone to act in their stead.

B.

The Administrator may also hold another office in the County.

C.

The Administrator shall have such duties as are conferred by this Ordinance and the Code of
Virginia § 15.2-2286 (4), including:
(1) Administer and enforce this Ordinance;
(2) Interpret zoning district boundaries;
(3) Where appropriate, issue zoning permits and certificates;
(4) Administer and enforce conditions attached to a rezoning or amendment to the Zoning Map;
(5) Enforce decisions of the BZA;
(6) Make necessary inspections;
(7) When necessary, call for opinions or decisions, either verbal or written, from other
departments, boards, or state agencies; and,
(8) In addition to the regulations contained herein, the Administrator may, from time to time,
establish any reasonable additional administrative procedures deemed necessary for the
proper administration of this Ordinance. 2

D.

The Administrator shall submit an annual report no later than March 1 of each year to the
Commonwealth of Virginia’s Department of Housing and Community Development containing the
total fee revenue collected by the locality over the preceding calendar year in connection with the
processing, reviewing, and permitting of applications for residential land development and
construction activities, pursuant to Code of Virginia § 15.2-2209.3.

DIVISION 2-2. PLANNING COMMISSION
Section 2-2-1. Appointment; Terms; Membership; Compensation; Removal.
A Planning Commission shall be created and organized pursuant to the Code of Virginia, §§ 15.2-2203
and 15.2-2210, et seq., and County Code, Chapter 2, Article V. Planning Commission.

1
2

Editor’s Note: This division reorganizes, updates, section 25-611, 25-736 of the existing Ordinance.
Editor’s Note: This item removes the building official from this duty, as required by existing section 25-611.

Article 2 – Administration l Page 2-1 of 6

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DRAFT ARTICLE 2. ADMINISTRATION I MARCH 26, 2026

Section 2-2-2. Powers and Duties.
The Planning Commission shall have the functions, powers, and duties pursuant to the Code of
Virginia, §§ 15.2-2221 and 15.2-2230, et seq, § 15.2-2285, and § 15.2-2223 et seq.

Section 2-2-3. Meetings and Procedures.
A.

The Planning Commission shall conduct meetings and public hearings pursuant to the Code of
Virginia § 15.2-2214 through 2217.

B.

After the conclusion of the public hearing provided for in this section, unless proceedings are
terminated as provided herein, the Planning Commission shall report to the Board of Supervisors
its recommendation.

Section 2-2-4. Expenditures; Gifts and Donations.
The Planning Commission may expend sums appropriated to it for its purposes and activities pursuant
to the Code of Virginia § 15.2-2222, et seq.

DIVISION 2-3. BOARD OF ZONING APPEALS
Section 2-3-1. Appointment; Terms; Membership; Compensation; Removal.
The Board of Zoning Appeals (BZA) shall be created and organized pursuant to the Code of Virginia, §
15.2-2308, et seq. 3

Section 2-3-2. Powers and Duties. 4
A.

Pursuant to the Code of Virginia § 15.2-2309, the BZA shall have the following powers and duties
after required notice and hearing as provided in the Code of Virginia § 15.2-2204:
(1) Appeals. To hear and decide appeals from any order, requirement, decision, or determination
made by an administrative officer in the administration or enforcement of this Ordinance as
outlined in Article 3, Division 9.
(2) Variance. To authorize upon appeal or original application a variance, as defined in the Code
of Virginia § 15.2-2201, from the terms of this Ordinance. Standards and procedures for
determining variances are outlined in Article 3, Division 5, of this Ordinance.
(3) Boundary Interpretations. To hear and decide applications for interpretation of the district
map where there is any uncertainty as to the location of a district boundary, only if:
a. The Administrator is unable to interpret boundaries, as provided in Article 1, Division 3, of
this Ordinance, and Division 1 of this Article; or
3

Editor’s Note: Existing Section 25-768 requires seven (7) members of the BZA. Code of VA requires five (5) or
seven (7) members. The County should consider whether it wants to maintain (7) members, or allow for the
same flexibility allowed by Code of VA. Additionally, the County should consider whether it wants more details
from Code of VA included here. The planning commission left this as drafted for the Board of Supervisors to
consider.
4
Editor’s Note: As a best practice, this section refers to Code of VA rather than including text from the existing
Ordinance 25-769-771 (Staff, Compensation, and Removal).

Article 2 – Administration l Page 2-2 of 6

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b. If an applicant appeals the Administrator’s interpretation.
c. After notice to the owners of the property affected by any such question, and after public
hearing with notice as required by the Code of Virginia § 15.2-2204, the BZA may
interpret the map in such way as to carry out the intent and purpose of this Ordinance for
the particular section or district in question.
B.

The provisions of this section shall not be construed as granting the BZA the power to rezone
property, change the locations of district boundaries as established by this Ordinance, or to base
decisions on the merits of the purpose and intent of local ordinances duly adopted by the
governing body.

Section 2-3-3. Meetings and Procedures. 5
A.

The BZA shall adopt such rules and regulations as it may consider necessary.

B.

Meetings of the BZA shall be held at the call of its Chairperson or at such time as a quorum of the
BZA may determine.

C.

A quorum shall be a majority of all members of the BZA. A favorable vote of a majority of
members of the BZA shall be necessary to reverse any order, requirement, decision, or
determination of any administrative official or to decide in favor of the applicant on any matter on
which the BZA is required to pass.

D.

The BZA shall choose annually its own chairperson and vice-chairperson. The vice-chairperson
shall act in the absence of the chairperson and may administer oaths and compel the attendance
of witnesses.

E.

The BZA shall appoint a secretary whose duty it shall be to keep the minutes and other records of
the actions and deliberations of the BZA and perform such other ministerial duties as the BZA
shall direct. The secretary may be a salaried County employee and shall perform the duties of
secretary of the BZA in addition to their other regular duties.

F.

The BZA shall keep minutes of its proceedings, showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact. It shall keep records of its
examinations and other official actions, all of which shall be immediately filed in the office of the
BZA and shall be public record.

G.

All meetings of the BZA shall be open to the public.

H.

County staff who are not part of the County’s legal counsel, applicant, landowner, or landowner’s
agent/attorney may have communications with a member of the BZA prior to a hearing but may
not discuss the facts or law relative to a particular case. However, all communications must
comply with the requirements of the Code of Virginia § 15.2-2308.1.

5

Editor’s Note: This section reduces and reorganizes content from the existing Ordinance, Sections 25-772-773.

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DRAFT ARTICLE 2. ADMINISTRATION I MARCH 26, 2026

DIVISION 2-4. ENFORCEMENT
Section 2-4-1. Authority. 6
A.

As provided in Article 1 of this Ordinance, conformity with the Ordinance is required. Failure to
comply with the requirements of the Ordinance constitutes a violation thereof and is declared to
be unlawful.

B.

As authorized by the Code of Virginia § 15.2-2286(A)(4), the Administrator or designee shall be
responsible for enforcing the provisions of this Ordinance.

C.

Any person who knowingly makes any false statements, representations or certifications in any
record, report, or other document, either filed or requested pursuant to this Ordinance, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required or used by the Administrator under this Ordinance in monitoring discharges, shall be
guilty or liable of this Ordinance.

Section 2-4-2. Complaints and Inspection. 7
A.

Any person who alleges that violation of the Ordinance has occurred may file a complaint with the
Administrator or designee. Such complaint shall stipulate the cause and basis thereof and the
location of the alleged violation. The Administrator or designee shall properly record the
complaint, investigate the facts thereof, and take action thereon as provided by the Ordinance.

B.

The Administrator may enter upon or inspect any land or structure to ensure compliance with the
provisions of this Ordinance, after requesting and receiving approval of the landowner to enter
upon land for these purposes. If consent is not given by the landowner, the Administrator may
enter upon land with an inspection warrant in accordance with the Code of Virginia § 152.2286(A)16. 8

Section 2-4-3. Notice of Violation. 9
A.

Upon completion of investigation and becoming aware of any violation of the provisions of this
Ordinance, the Administrator shall issue written notice of such violation to the person committing
or permitting the violations.

B.

Notice of violation shall be mailed by registered or certified mail or hand delivered.

C.

The notice of violation shall state:
(1) A description of the violation, including citation of the specific Section of this Ordinance that
has been violated;

6

This section restates Section 25-796 of the existing ordinance for clarity and includes reference to Code of
Virginia.
7
Editor’s Note: This section expands upon Section 25-799 of the existing ordinance and references Code of
Virginia.
8
Editor’s Note: B. is a new item that provides authority for investigation when access is denied or the violation is
not readily visible.
9
Editor’s Note: This section updates the information from Section 25-797 of the existing ordinance to comply
with Code of Virginia.

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(2) The corrective action required to remedy the violation and the timeframe for compliance,
which shall be 30 days 10; and
(3) The right to appeal, consistent with the Code of Virginia § 15-2.2311.
D.

Appeals of notice of violation shall be heard by the Board of Zoning Appeals in accordance with
the procedures set forth in Article 3, Division 9, of this Ordinance.

Section 2-4-4. Remedies and Penalties for Violation. 11
A.

Upon becoming aware of any violation and determining validity of any of the provisions of this
Ordinance, the Administrator may institute appropriate action or proceedings, as permitted by
law, including injunction, abatement to restrain, correction, or abatement.

B.

The remedies provided in the penalties sections below are cumulative and not exclusive except to
the extent expressly provided therein.
(1) Criminal Penalties.
a. Pursuant to the Code of Virginia § 15.2-2286(A)(5), any of the following violations may be
subject to criminal penalties:
i.

Violations of this Ordinance resulting in injury to a person or persons; or

ii. Violations of this Ordinance where the maximum aggregate civil penalty has been
exceeded.
b. If the violation is uncorrected at the time of conviction, the court may order the violator
to abate or remedy the violation.
c. Criminal violations of this Ordinance shall be subject to the maximum penalty amounts
specified in the Code of Virginia § 15.2-2286(A)(5).
d. Remedies provided in this Division shall be cumulative unless expressly stated otherwise
and may be in addition to any other remedies authorized by law.
e. Criminal penalties for violations of provisions regulating unrelated persons in single-family
residential dwellings must be in accordance with Code of Virginia § 15.2-2286(A)(5).
(2) Civil Penalties. 12 Any violation other than as provided in Section 2-4-4 (B) (1), above, for
criminal penalties, shall be subject to the following civil penalties, as provided in Code of
Virginia § 15.2-2209, and subject to the following:

10

Editor’s Note: Per the discussion of the March 2025 worksession, and Franklin County staff and County
Attorney review, this provision has been simplified to one notice and violation and timeframe for remedy. The
existing practice includes multiple notices of violation; this draft streamlines the process.
11
Editor’s Note: This section expands upon Section 25-797 (e) of the existing ordinance, and complies with, and
references Code of Virginia.
12
Editor’s Note: This section updates Section 25-800.1 of the existing ordinance.

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a. Proceedings seeking civil penalties for violations of this Ordinance shall commence either
by filing a civil summons in the general district court or by the Administrator or Agent
issuing a ticket.
b. A civil summons or ticket shall contain, at a minimum, the name and address of the
person charged, the violation, and methods of resolution.
c. Failure to Enter Waiver. If a person charged with a violation does not elect to enter a
waiver of trial and admit liability, the violation shall be tried in the general district court in
the same manner and with the same right of appeal as provided by law or equity and it
shall be the County’s burden to provide the violator’s liability by a preponderance of the
evidence. A finding of liability shall not be deemed a criminal conviction for any purpose.
d. Fines. 13
i.

Amount of Civil Penalty. A civil violation shall be subject to a civil penalty as provided
in Code of Virginia § 15.2-2209 for each additional summons arising from the same
set of operative facts.

ii. Daily Offense. Each day in which a violation exists is considered a separate violation.
However, penalties from the same set of operative facts may only be charged once in
any ten (10)-day period.
iii. Maximum Aggregate Penalty. If the violations exceed the maximum aggregate penalty
established in Code of Virginia § 15.2-2209, the violation may be prosecuted as a
criminal misdemeanor as outlined in B. (1) above.

13

Editor’s Note: This item updates information in Section 25-800.1 of the existing ordinance. Specific penalties
should be adopted by the County in a schedule outside of the Zoning Ordinance.

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DRAFT ARTICLE 3 – PERMITS & APPLICATIONS l MARCH 26, 2026

ARTICLE 3. PERMITS AND APPLICATIONS1
DIVISION 3-1. IN GENERAL.2
If an applicant seeks both an amendment to the Zoning Ordinance and a Special Use Permit for the
same property, both applications may be made jointly and processed at the same time if the proposed
amendment does not add a conditional use not previously permitted by the terms of this Ordinance.

Section 3-1-1. Preapplication Meeting. 3
Prior to the submittal of an application for a Special Use Permit, Zoning Text and/or Map Amendment
(rezoning), Conditional Zoning, or a Site Plan, a preapplication meeting must be held between the
applicant and the Administrator, unless otherwise waived by the Administrator. During this meeting
the applicant may submit a Concept Plan for preliminary review, comment, and recommendation by
the Administrator.

Section 3-1-2. Minimum Submission Standards.
A. The Administrator shall establish minimum standards for submission requirements of all
applications associated with the Zoning Ordinance.
(1) Applications shall contain all information required to prove compliance with the minimum
standards of the Ordinance, including, but not limited to:
a. Written description of request and grounds for requesting; and
b. Applicable district, use, and community design standards.
B. Upon written request by an applicant, the Administrator may waive or modify a submission
requirement(s) upon a determination that the information is not necessary to evaluate the merits
of the application, such waivers or modifications are for application requirements only and do not
include variances or modifications from Zoning District or Use Standards.
C. Additional information may be required as deemed reasonably necessary by the Administrator.
D. A fee shall be paid for the examination and approval or disapproval of every permit and
application submitted. The fee shall be payable at the time of filing to the Treasurer of Franklin
County in the amount required by a fee schedule adopted by the Board of Supervisors.

Section 3-1-3. Forms.
Applications for Site Plans, Variances, Special Use Permits, Zoning Permits, or amendments to the
Ordinance or Official Zoning Map and any other request requiring action shall be made on forms
provided by the County.

1

Editor’s Note: This Article organizes all permit and application provisions in one place for improved referencing.
Editor’s Note: This Division is new and establishes general terms for the Article.
3
Editor’s Note: The County should consider if it wants to change this to require a preapplication meeting for
Zoning Map Amendments, and for others to be optional. The planning commission decided to leave as drafted.
2

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Section 3-1-4. Ownership and Interests Disclosures.
A. An applicant must disclose all equitable ownership of the real estate included in an application. In
the case of corporate ownership, the name of stockholders, officers and directors shall be
provided, and in any case the names and addresses of all of the real parties of interest in
accordance with the Code of Virginia § 15.2-2289.
B. Pursuant to the Code of Virginia § 15.2-2287 petitions brought by property owners, contract
purchasers, or their agents, shall be sworn to under oath stating whether or not any member of
the local Planning Commission or governing body has any interest in such property:
(1) Either individually;
(2) By ownership of stock in a corporation owning such land, partnership;
(3) As the beneficiary of a trust;
(4) As the settlor of a revocable trust; or
(5) Whether a member of the immediate household or any member of the Planning Commission
or governing body has any such interest.

Section 3-1-5. Fees and Charges. 4
A. The Board of Supervisors shall establish, by Ordinance, a schedule of fees, charges and expenses,
and collection procedures for Zoning Permits, Special Use Permits, variances, appeals,
amendments, site plan reviews, and other matters pertaining to this Ordinance. 5
B. The schedule of fees shall be available for inspection in the office of the Administrator and may be
altered or amended by the Board of Supervisors by Ordinance amendment, as directed in Code of
Virginia § 15.2-107.
C. Delinquent Taxes and Charges. 6 Pursuant to the Code of Virginia § 15.2-2286 (B), prior to the
initiation of an application or appeal, the applicant shall produce satisfactory evidence that any
delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any
other charges that constitute a lien on the subject property that are owed to the County, have
been paid in full, unless otherwise authorized by the County Treasurer.
(1) The above provision applies only to the property or properties for which the application is
attached.
(2) If an applicant is the renter of a subject property and said property has associated unpaid
taxes and fees owed to the County, the property owner(s) shall be responsible for paying
those balances in full.

4

Editor’s Note: This section replaces and expands upon existing Section 25-789.
Editor’s Note: It is recommended that the County establish a fee schedule outside of the Zoning Ordinance in
order to amend it when needed without necessitating amendment of this Ordinance.
6
Editor’s Note: The content in C. is new, per Code of VA.
5

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D. In situations where the Administrator anticipates expenses for professional services related to
review of an application that will exceed the amount recouped by the imposition of standard fees,
the County shall require the applicant to pay the cost of the professional review service. 7
(1) Examples of projects for which a deposit may be warranted include (but are not limited to)
rezoning requests, planned development districts, and Special Use Permits that require
professional review.
(2) The payment shall solely be applied to payment of professional services by engineers,
attorneys, surveyors, architects, landscape architects, etc., that are specifically engaged by the
County to consult directly on the applicant’s proposed project.
(3) Payment is an express condition of the County’s determination upon the application. Payment
does not guarantee approval of the application. Nor does payment create a client relationship
between the applicant and the professional services provider.

Section 3-1-6. Withdrawal of Applications. 8
A. Any application filed pursuant to Division 3-2 of this Article may be withdrawn upon written
request by the applicant prior to the submission of any public hearing notice for advertisement;
provided:
(1) If the request for withdrawal is made after the notice of hearing is published, such withdrawal
shall be only with the consent of whichever body has advertised the hearing; and
(2) The same petition shall not be reconsidered within 12 months of the date of action, unless
the respective body approving withdrawal specifies that the time limitation shall not apply.

Section 3-1-7. Reconsiderations.
A. The following shall apply for all zoning text and map amendment; conditional zoning; special use
permits; and variance applications:
(1) If denied by the Board of Supervisors, then such application, or one substantially similar, shall
not be reconsidered sooner than 12 months from the date of the previous denial.
(2) If denied by the BZA, then such application, or one substantially similar, shall not be
reconsidered sooner than 12 months after the previous denial.
B. The limits on reconsideration shall not impair the right of either the Planning Commission or the
Board of Supervisors to propose any amendment to this Ordinance on their motion at any time.

DIVISION 3-2. ZONING TEXT AND MAP AMENDMENTS9
Section 3-2-1. In General.
Pursuant to the Code of Virginia § 15.2-2286 (7) whenever public necessity, convenience, general
welfare, or good zoning practice requires, the Board of Supervisors may, from time to time, amend,
7

Editor’s Note: Language from existing Section 25-147 is included here.
Editor’s Note: From Section 25-740 of the existing ordinance.
9
Editor’s Note: This Division consolidates all zoning text and map amendment language in one place for ease of
referencing.
8

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supplement or change, by Ordinance, the boundaries of the Zoning Districts or the regulations
established in this Ordinance.

Section 3-2-2. Standards and Procedures. 10
A. Initiation of change. Pursuant to the Code of Virginia § 15.2-2286 (7) any amendment to this
Ordinance or the Zoning Map may be initiated by: 11
(1) Resolution of the Board of Supervisors.
(2) Resolution of the Planning Commission; or
(3) Application of the owner, contract purchaser with the owner’s written consent, or the
owner’s agent, of the property proposed to be rezoned.
a. The application shall be addressed to the Franklin County Board of Supervisors or
Planning Commission, who shall forward such application to the Board of Supervisors.
B. Zoning Map Amendments. Applications for Zoning Map Amendments, including Conditional
Zoning requests, shall be made to the Administrator and accompanied by a Concept Plan as
detailed in Division 6 of this Article. 12
(1) The Director of Planning and Zoning or designee will transmit the application and other
information to any state, county, or other government agencies for review and comment, as
appropriate.
(2) After the application is determined to be complete, and all agency comments have been
received, County staff will provide comments in writing to the applicant so revisions can be
made, if necessary.
(3) The Director of Planning and Zoning or designee will prepare and submit a written staff report
to the Planning Commission on the proposed zoning map amendment.
(4) A Site Plan is required as detailed in Division 6 of this Article.
C. Standards for review.
(1) The application for a rezoning or Zoning Text Amendment shall be referred to the Planning
Commission for public hearing and recommendation. The Planning Commission shall present
their recommendation on the proposed ordinance or amendment, including the Zoning Map,
to the Board of Supervisors for public hearing and action. No recommendation or action shall
be rendered until public notifications and hearings have been conducted in accordance with
Division 3-10 of this Article.

10

Editor’s Note: This section includes updated information from existing ordinance Section 25-732 and updated
Code of Virginia references.
11
Editor’s Note: The current ordinance does not allow the Planning Commission to initiate a Zoning Map
Amendment. BG recommends changing this as written in this section. Recommendation accepted.
12
Editor’s Note: The requirement for a concept plan has been applied to all zoning map amendments and
consolidated in one place rather than stated in each of the planned districts and overlays sections.

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(2) The Planning Commission shall advise the Board of Supervisors of their recommendation
within 100 days from its first meeting following the referral of the application. If after 100
days no recommendation has been made, the governing body shall assume that the Planning
Commission concurs with the applicant and supports the amendment. The Board of
Supervisors shall thereafter take any action it deems appropriate, unless the applicant
requests an extension for a defined period not to exceed a total of 90 calendar days from the
date of the public hearing.
(3) All motions, resolutions, or applications for amendment to the Zoning Ordinance and/or
Zoning Map shall be acted upon, and a decision made within such reasonable time as may be
necessary which shall not exceed 12 months unless the applicant requests or consents to
action beyond such period or unless the applicant withdraws his motion, resolution, or
application for amendment to the Zoning Ordinance or map, or both; otherwise, the
amendment shall be deemed approved.
a. In the event of and upon a withdrawal by the applicant, processing of the motion,
resolution, or petition shall cease without further action as otherwise would be required.
D. All changes affecting the Zoning Map that are approved by the Board of Supervisors shall be
entered onto the official Zoning Map within 60 days following the approval of such changes.

DIVISION 3-3. CONDITIONAL ZONING AND PROFFERS 13
Section 3-3-1. Purpose and Intent. 14
Conditional Zoning provides a method for permitting the reasonable and orderly development of land
through Zoning Map Amendments with reasonable conditions governing the use and development of
such property. As authorized under the Code of Virginia §§ 15.2-2296 through 15.2-2303.3,
reasonable conditions may be voluntarily proffered for the protection of the community when
combined with existing Zoning Ordinance district regulations. The exercise of authority shall not be
construed to limit or restrict powers otherwise granted nor to affect the validity of any Ordinance
adopted by the locality which would be valid without regard to this Division. In addition, the
provisions of this Division shall not be used for the purpose of discrimination in housing.

Section 3-3-2. Standards and Procedures. 15
A. Proffers of conditions; standards of consideration.
(1) Any owner of property or their agent making an application for a Zoning Map Amendment
may, as part of the application (outlined in Division 2 of this Article), voluntarily proffer in
writing reasonable conditions which shall apply to the subject property in addition to the
regulations provided by the zoning district sought in the rezoning application. Any such
proffered conditions must:

13

Editor’s Note: This Division greatly expands upon Sections 25-733 & 734 of the existing ordinance, brings it
into compliance with, and updates references to Code of Virginia.
14
Editor’s Note: Purpose and intent has been added in compliance with Code of Virginia.
15
Editor’s Note: Section 25-735 Zoning map notation (existing ordinance) was not included. For ease of
management BG recommends that regular staff practices be established outside of the Zoning Ordinance.

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a. Be in accordance with the procedures and standards contained in the Code of Virginia §§
15.2-2297 and 15.2-2298; and
b. Be submitted by the following deadlines: 16
i.

Proposed proffered conditions, regardless of whether they are signed by the owners
of all parcels subject to the Zoning Map Amendment, shall be submitted to the
Administrator by 6:00 p.m. on the day of the Commission's scheduled public hearing
on the Zoning Map Amendment.

ii. Proposed proffered conditions, signed by the owners of all parcels subject to the
Zoning Map Amendment, shall be submitted to the Administrator by 6:00 p.m. on the
day of the Council's scheduled public hearing on the Zoning Map Amendment.
(2) Proffered conditions shall be subject to the following limitations:
a. The rezoning itself must give rise to the need for the conditions.
b. The conditions shall have a reasonable relation to the rezoning.
c. The conditions shall not include a cash contribution to the County.
d. The conditions shall not include mandatory dedication of real or personal property for
open space, parks, schools, fire departments, or other public facilities not otherwise
provided for in the Zoning Ordinance of the County of Franklin.
e. The conditions shall not include a requirement that the applicant create a property
owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.)
that includes an express further condition that members of a property owners’
association pay an assessment for the maintenance of public facilities owned in fee by a
public entity, including open space, parks, schools, fire departments, and other public
facilities not otherwise provided for in the Code of Virginia § 15.2-2241; however, such
facilities shall not include sidewalks, special street signs or markers, or special street
lighting in public rights-of-way not maintained by the Virginia Department of
Transportation.
f.

The conditions must not include payment for, or construction of, off-site improvements
except those provided for in the Code of Virginia §§ 15.2-2241 and 15.2-2303.4.

g. All conditions shall be related to the physical development or physical operation of the
property.
h. The conditions shall be in accordance with the Franklin County Comprehensive Plan.
(3) At the time each proffered condition is submitted to the County, it shall be accompanied by a
statement signed by the applicant and the owner or their agents which states:

16

Editor’s Note: Per Franklin County staff review (March 2025), provision revised to reflect the current practice.
Proffers are due by 6:00 pm on the day of both public hearings.

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a. “Each proffered condition made in connection with this application for rezoning was
made voluntarily and complies with applicable law. No agent of the County has suggested
or demanded a proffered condition that is unreasonable under applicable law.”
b. “I hereby proffer that the development of the subject property of this application shall be
in strict accordance with the conditions set forth in this submission.”
(4) Each application for rezoning which proposes proffered conditions to be applied to the
property shall be accompanied by the following items beyond those required by conventional
rezoning requests:
a. An impact analysis demonstrating justification of proposed proffered conditions.
b. A statement describing the nature of the proposed development and explaining the
relationship of the development to the Comprehensive Plan.
c. A statement setting forth a maximum number of dwelling units or lots proposed,
including density and open space calculations where applicable to any residential
development, or a statement describing the types of uses proposed and the approximate
square footage for each nonresidential development.
d. A statement detailing any special amenities that are proposed.
e. A statement of the public improvements both on and off site that are proposed for
dedication and/or construction and an estimate of the date for providing such
improvements.
f.

A Concept Plan, as detailed in Division 3-5 of this Article listing and detailing the nature
and location of any proffered conditions and those proposed circumstances which
prompted the proffering of such conditions.

g. A statement setting forth the proposed approximate development schedule.

Section 3-3-3. Amendments.
A. Prior to Final Decision. The Board of Supervisors may accept amended proffered conditions prior
to final decision if they:
(1) Do not materially affect the overall proposal and are made voluntarily, and in writing, prior to
the deadline for preparation of the advertisement of the public hearing by the Board of
Supervisors on the rezoning request.
a. If the Board of Supervisors determines that the amendment materially affects the overall
proposal, the application with the amended proffered conditions will be remanded back
to the Planning Commission for a public hearing and recommendation.
B. Amendments after Approval. Once the Board of Supervisors has approved proffered conditions,
no material amendment or variation of such adopted conditions will be made until public
hearings, in accordance with Code of Virginia § 15.2-2302 and Division 3-12 of this Article have
been held before the Board of Supervisors and the Planning Commission.

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(1) If the proposed amendment or variation of conditions does not affect conditions of use or
density, the Board of Supervisors may waive the requirement for a public hearing in
accordance with Code of Virginia § 15.2-2302 and Division 3-12 of this Article.

Section 3-3-4. Effect of Condition; Period of Validity.
A. All such conditions will be in addition to the regulations provided for in the zoning district to
which the land is rezoned.
B. Upon the approval of any such rezoning, all conditions proffered and accepted by the Board of
Supervisors will remain in full force and effect until amended or varied by the Board of
Supervisors.
(1) If the Board of Supervisors rezones the land as part of a new or substantially revised Zoning
Ordinance, such conditions will continue in full force and effect automatically without notice
or filing.

Section 3-3-5. Record of Conditional Zoning. 17
A. Pursuant to the Code of Virginia § 15.2-2300, each conditional rezoning shall be designated on
the Zoning Map by an appropriate symbol designed by the Administrator.
(1) The Administrator shall keep and maintain a conditional zoning index which shall provide
ready access to the ordinance creating such conditions in addition to the regulations provided
for in the particular zoning district and which shall be available for public inspection.
a. The Administrator shall update the Index annually and no later than November 30 of each
year.
B. Franklin County will expend, track, and monitor all cash proffers in accordance with Code of
Virginia § 15.2-2303.

DIVISION 3-4. SPECIAL USE PERMITS
Section 3-4-1. Purpose and Intent. 18
A. A use requiring a Special Use Permit is a conditional use that may be appropriate in a Zoning
District, but because of its nature, extent, or external effects, requires special consideration of its
location, design, and methods of operation before it can be deemed appropriate in the District
and compatible with its surroundings. The purpose of this Division is to establish procedures and
standards for review and approval of Special Use Permits that provide for such special
consideration.
B. The following will be met and made part of the Special Use Permit: 19

17

Editor’s Note: Section 3-3-5 was revised as requested by staff to reflect the fact that the County does not
employ a county attorney.
18
Editor’s Note: This section rewords Section 25-638 of the existing ordinance.
19
Editor’s Note: The County should consider if it wants to keep item B. Planning commis sion decided to keep.

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(1) Conformity with Comprehensive Plan and policies. The proposal as submitted or as modified
must conform to the Comprehensive Plan of the County or to specific elements of such plan
and to official policies adopted in relation thereto, including the purposes of this Ordinance.
(2) Impact on neighborhood or abutting properties. The proposal as submitted or as modified
must not have undue adverse impact on abutting properties or the surrounding community.
Among matters to be considered in this connection are utility capacities, water and sewer
capacity, traffic congestion, noise, lights, dust, odor, fumes, and vibration with due regard for
timing of operation, screening, or other matters that may be regulated to mitigate adverse
impact and prevent power outages or limited water or other utility capacity. 20

Section 3-4-2. Applicability.
In accordance with Code of Virginia § 15.2-2286 a Special Use Permit is required for the development
of any use designated in Article 6, Use Matrix, as a use requiring a Special Use Permit in accordance
with this Section, or as required by use standards provided in Article 7, Use Performance Standards, of
this Ordinance.

Section 3-4-3. Standards and Procedures. 21
A. Application for a Special Use Permit may be filed by any property owner, person, or by any
government official who has been specifically authorized in writing by the owner of the lot to file
such application.
B. Application Requirements. 22 In addition to the minimum submission standards supplied in
Division 3-1 of this Article, the applicant must provide information and data to:
(1) Demonstrate that the proposed use, when complemented with additional measures, if any,
will be in harmony with this Ordinance and with the purposes of the specific Zoning District in
which it will be placed;
(2) Demonstrate that there will be no undue adverse impact on the surrounding community in
terms of public health, safety, or general welfare and show measures to be taken to achieve
such goals;
(3) Demonstrate that the use will not have a negative impact on the public water and sewer
system and capacity needs, even in times of drought;
(4) Demonstrate that the use will not have an impact on the availability of electricity or other
power supplies;
(5) Demonstrate that the use will not tend to create congestion in streets, roads, alleys, and
other areas; and

20

Editor’s Note: 3-4-1 B (2) was expanded to include utilities, water, and sewer capacity because of new uses
such as data centers.
21
Editor’s Note: This section replaces and updates Sections 25-110 and 25-640 of the existing ordinance, placing
the onus of proving appropriateness on the applicant rather than the Board of Supervisors.
22
Editor’s Note: 3-4-3 B (3) and (4) were added because of new uses such as data centers.

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(6) Show that the proposal meets the applicable specific and general standards required by this
Ordinance.
C. Concept Plan. 23 A Concept Plan, as detailed in Division 3-5 of this Article listing and detailing the
nature and location of any proffered conditions and those proposed circumstances which
prompted the proffering of such conditions.
D. Standards for Review.
(1) The Administrator shall review any Special Use Permit application for its compliance with this
Ordinance and to determine if it is complete.
a. If the application is not complete, then the Administrator shall notify the applicant in
writing of the materials that must be submitted to complete the application.
(2) When determined to be complete, the Administrator shall provide the application to the
Planning Commission, along with a staff report that analyzes and makes a recommendation
on the application.
(3) The Planning Commission shall hold a public hearing after notice in accordance with Division
12 of this Article and make a recommendation on the application, within 30 days after a
public hearing is held, to the Board of Supervisors, including recommendations of such
changes and conditions as it might deem appropriate.
(4) The Board of Supervisors shall hold a public hearing after notice in accordance with Division
12 of this Article, and make a final decision on the application, including making appropriate
changes to the application and imposition of conditions in accordance with the Code of
Virginia § 15.2-2286.

Section 3-4-4. Effect of Decision; Period of Validity.
A. A Special Use Permit authorizes only the particular use(s) and associated development that is
approved and shall not ensure approval for any other permit or development approval.
B. A Special Use Permit, including any approved plans and conditions, shall expire as provided in
Section 3-4-4 (D) below.
C. Unless otherwise specified in this Ordinance or specified as a condition of approval, the height
limits, setbacks, lot area, sign requirements, and other specified standards shall be the same as
for other uses in the Zoning District in which the Special Use is located.
D. A Special Use Permit shall expire upon the first to occur of the following: 24
(1) If the applicant does not obtain Site Plan approval or commence the use granted by the
Special Use Permit within two (2) years (or such longer time as the governing body may
approve) from the date of the approval;

23

Editor’s Note: The requirement for a concept plan for an SUP is new.
Editor’s Note: Item D. (1) The existing ordinance (Section 25-641) allows 18 months; the County can change it
to one year if desired. Items (2) and (3) are new. Per the March 2025 work session and Franklin County staff
review, this timeframe has been increased to two years.

24

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(2) If an activity operating under an approved Special Use Permit ceases for a period greater than
2 years; or
(3) Upon expiration of a Site Plan for the use granted by the Special Use Permit; or
(4) As otherwise specified in the Special Use Permit.

Section 3-4-5. Revocations.
A Special Use Permit previously granted pursuant to this Ordinance may be revoked by the Board of
Supervisors, after notice and hearing as provided in Division 12 of this Article and in accordance with
the Code of Virginia § 15.2-2204 if it is determined there has not been compliance with the conditions
of the Permit.

DIVISION 3-5. VARIANCES25
Section 3-5-1. Purpose and Intent.
Pursuant to the Code of Virginia § 15.2-2309 the purpose of a variance is to allow for a reasonable
deviation from the provisions of this Ordinance regulating the shape, size, or area of a lot or parcel of
land or the size, height, area, bulk, or location of a building or structure when the strict application of
the Ordinance would unreasonably restrict the utilization of the property, other relief or remedy is not
available, such need for a variance would not be shared generally by other properties, and provided
such variance is not contrary to the purpose of the Ordinance.

Section 3-5-2. Standards and Procedures.
A. Authority.
(1) Pursuant to the Code or Virginia § 15.2-2309 (2) and (6) the BZA is authorized to review
applications for a variance, if the applicant proves the burden and provides evidence that the
application meets the standard for a variance and the criteria set out in this Ordinance.
(2) The BZA may approve, approve with conditions deemed necessary in the public interest,
including limiting the duration of a permit and requiring a guarantee or bond to ensure the
conditions will be complied with, or deny an application for a variance in accordance with the
procedures and standards of this Article.
B. Standards for Review.
(1) After application is made and a Concept Plan has been submitted as required in Division 3-5
of this Article, the Administrator shall review the application for compliance with this
Ordinance.

25

Editor’s Note: This Division expands, reorganizes, and updates Sections 25-775 and 776 in accordance with
Code of Virginia.

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(2) When it has been determined that the application is complete, the Administrator shall submit
the application to the BZA for a public hearing. No recommendation or action shall be
rendered until public notice is given in accordance with Division 3-12 of this Article. The
Administrator shall also transmit a copy of the application to the local Planning Commission,
which may send a recommendation to the BZA or appear as a party at the hearing.
(3) Pursuant to the Code of Virginia § 15.2-2309 (2) a variance shall be granted if the evidence
shows that the strict application of the terms of the Ordinance would unreasonably restrict
the utilization of the property or that the granting of the variance would alleviate a hardship
due to a physical condition relating to the property or its improvements at the time of the
effective date of the Ordinance, and:
a. The property interest for which the variance is being requested was acquired in good faith
and any hardship was not created by the applicant for the variance;
b. The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
c. That such hardship is not shared generally by other properties and could be resolved with
an amendment to this Ordinance;
d. The granting of the variance does not result in a use that is not otherwise permitted on
such property or a change in the zoning classification of the property; and
e. The relief or remedy sought by the variance application is not available through the
process for a Special Use process that is authorized in the Ordinance pursuant to Code of
Virginia § 15.2-2309(6) at the time of the filing of the variance application.
(4) Any variance granted to provide a reasonable modification to a property or its improvements
requested by, or on behalf of, a person with a disability may expire when the person benefited
by it is no longer in need of the modification to such property or improvements provided by
the variance, subject to the provisions of State and Federal fair housing laws, or the
Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable.
(5) If a request for a reasonable modification is made to a locality and is appropriate under the
provisions of State and Federal fair housing laws, or the Americans with Disabilities Act of
1990 (42 U.S.C. § 12131 et seq.), as applicable, such modification request shall be granted by
the locality unless a variance from the BZA under this section is required in order for such
request to be granted.

Section 3-5-3. Effect of Decision; Period of Validity.
A. Issuance of a variance shall authorize only the particular variance that is approved. A variance,
including any conditions, shall run with the land, and not be affected by a change in ownership,
except for variances provided in Section 3-5-2 (B)(4), of this Article.
B. Use or development authorized by the variance shall not be carried out until the applicant has
secured all other permits required by this Ordinance or any other applicable Ordinances and
regulations of the County. A variance, in itself, shall not ensure that the development approved
through said permit shall receive subsequent approval for any other necessary applications for
permit or development approval.
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C. After the BZA has granted a variance, it shall become void after 12 months if no substantial
construction or change of use has taken place in accordance with the plans for which such
variance was granted, or if the BZA does not specify some longer period than one (1) year for
good cause shown.

DIVISION 3-6. CONCEPT PLANS26
Section 3-6-1. Purpose and Intent. 27
A. The purpose of the Concept Plan is to graphically depict and communicate the primary elements
of an applicant’s proposed project in a conceptual manner and is not intended to be a detailed
engineering document.
B. The Concept Plan is intended to provide an opportunity for the applicant and the County to
review and provide feedback on the key physical elements of a project that are of mutual interest
and relevance to health, safety, and welfare.

Section 3-6-2. Concept Plan Specifications and Content.
A. The Concept Plan may be general and schematic and shall show: 28
(1) A certified plat of the subject property showing metes and bounds of all property lines,
existing streets, and subdivisions – with reference to a recorded subdivision plat or the
County’s tax map.
(2) A description and analysis of existing site conditions, including information on topography,
natural watercourses, and floodplains.
(3) The names and addresses, as shown on the current real estate tax assessment books, of
property owners abutting the property or owners located across the road/street.
(4) Uses of each adjoining property.
(5) Proposed land uses to be developed.
(6) The general layout, orientation, and information describing buildings and improvements,
including but not limited to parking, landscaping, fencing, signs, and trash enclosures, height,
setbacks, and restriction lines.
(7) If any, the approximate total number, density, type, and price range of dwelling units and the
range of lot sizes for the various dwelling types.
(8) If any, the general location of proposed open space and recreational areas.
(9) If any, the general location and type of commercial uses to be developed.

26

Editor’s Note: New division containing all provisions for concept plans.
Editor’s Note: New content to describe the purpose and intent of concept plans.
28
Editor’s Note: The drafted concept plan requirements are less onerous than the existing ordinance Section 25401. Those items in the current concept plan requirements that are more appropriate for a site plan are
included in Division 3-7 of this Article.
27

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(10)The general location and character of the proposed roads, pedestrian circulation, trails, public
utility, and storm drainage systems.
(11)A statement on the proposed development schedule.
(12)A written analysis of the public facilities, roadway improvements, and public utilities that will
be required to serve the development.
(13)A written description of the nature and extent of the amendment desired and an explanation
of the reasons for seeking a change.
(14)Any additional information deemed reasonably necessary by the Administrator.
(15)A signage plan showing the location, design, size, height, and arrangement of all proposed
free-standing signs shall be incorporated into the concept plan. 29
B. Effect of approval of the concept plan. All terms, conditions, safeguards, and stipulations made at
the time of approval of the Concept Plan, with or without specified modifications, shall be binding
upon the applicant and any successors in interest. Unapproved deviations from the plans or
failure to comply with any requirements, conditions, or safeguards shall constitute a violation of
the Zoning Ordinance. 30

DIVISION 3-7. SITE PLANS31
Section 3-7-1. Definition. 32
The use of the term "Site Plan" may mean "Major Site Plan" or "Minor Site Plan," as applied in Section
3-7-3, below, and defined within this Ordinance.

Section 3-7-2. Purpose and Intent.
A. The purpose of this section is to promote the orderly development of certain activities in the
County and to ensure that such activities are developed in compliance with this Ordinance, the
Subdivision Ordinance, and other applicable regulations, and in a manner harmonious with
surrounding properties and in the interest of the general public health, safety, and welfare.
Additionally, the project design and layout shall be designed with reference to guidance provided
by the Franklin County Comprehensive Plan. More specifically, the Site Plan shall be used to
review:
(1) The project’s compatibility with its environment and with other land uses and buildings
existing in the area;
(2) The ability of the project’s traffic circulation system to provide for the convenient and safe
internal and external movement of vehicles and pedestrians;
(3) The quantity, quality, utility, and type of the project’s required community facilities; and

29

Editor’s Note: Item (15) is consolidated from Sections 25-420, 25-501.8, 502.10 of the existing ordinance.
Editor’s Note: Item B. is from Section 25-311 of the existing ordinance.
31
Editor’s Note: Site Plans has been reorganized into one division and updated per Code of Virginia.
32
Editor’s Note. This section is new for clarification.
30

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(4) The location and adequacy of the project’s landscape improvements and provision for
drainage and utilities.
B. The Administrator may waive any of the requirements for a Site Plan or change submission type
from Major Site Plan to a Minor Site Plan upon a determination that the information or format is
not necessary to evaluate the merits of the application, compliance with this Ordinance, and is in
keeping with the intent of this Division and Ordinance.

Section 3-7-3. Applicability.
A. General.
(1) Pursuant to Code of Virginia, § 15.2-2286. A. 8, any development in the County may require
approval of a Site Plan in accordance with the procedures and standards in this Division prior
to the issuance of a Zoning Permit, Building Permit, Certificate of Occupancy, or any land
disturbance permits.
(2) Waiver. The Administrator may waive the requirement for a Site Plan, or allow a hand drawn
sketch for certain uses, upon a determination that the information is not necessary to
evaluate the merits of the application and compliance with this Ordinance.
(3) Exemptions. The following uses are exempt from Site Plan approval:
a. An accessory structure to a single-unit or two-unit dwelling.
b. Agricultural uses.
c. Single-unit dwellings on conforming lots.
d. Two-unit dwellings on conforming lots.
e. Temporary uses.
f.

Non-residential change of use or internal construction that does not increase gross floor
area, building height, the density, or affect parking requirements.

B. Type of Site Plan Required. Site Plans are either a Minor Site Plan or a Major Site Plan, as specified
below.
C. Minor Site Plans. When a site plan is required under this Division, the Administrator may
determine that the purpose of this Division and the public interest can be served by submission
and approval of a Minor Site Plan. A Minor Site Plan may be submitted when the Administrator
determines:
(1) When one (1) or more of the following conditions are met:
a. The use does not require a Virginia Department of Transportation (VDOT) commercial
entrance permit.
b. The use does not require approval under Chapter 22 of the Franklin County Code, nor a
Virginia Department of Health (VDH) permit for water or sewerage systems.
c. The use is an addition to an existing permitted use or an accessory use to a permitted
principal use and the use does not exceed fifteen hundred (1,500) sq. ft. of floor area.
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D. Major Site Plans.
(1) A Major Site Plan is required for any non-exempt development that does not meet the
requirements for a Minor Site Plan: 33
a. Multi-family developments;
b. Industrial uses;
c. Commercial uses;
d. A project with a total land disturbance greater than 10,000 sq. ft.; 34 and
e. Previously approved Concept Plans.

Section 3-7-4. Site Plan Specifications, Generally.
A. A preapplication meeting shall occur as required by Section 3-1-1 of this Article.
(1) The purpose of the preapplication meeting will be to discuss:
a. Project location, uses, lot layout, setbacks, conceptual design, density, and phasing;
(2) Alignment with the County's Comprehensive Plan, the Zoning Ordinance, the Subdivision
Ordinance, and other adopted ordinances and plans; and
(3) Minimum submission standards and any waivers in accord with Section 3-1-2 of this Article.
B. Site Plans, or any portion thereof, involving engineering, architecture, landscape architecture or
land surveying, shall be prepared by persons professionally certified in the Commonwealth of
Virginia to do such work.
C. Site Plans shall be prepared to the scale of one (1)-inch equals 50 ft. or larger; no sheet shall
exceed 42 inches in any dimensions.
D. Site Plans may be prepared on one or more sheets to clearly show the information required by
this section and to facilitate the review and approval of the plan. If prepared on more than one
sheet, match lines shall clearly indicate where the several sheets join.
E. When more than one sheet is required to cover the entire project, a cover sheet, general in
nature, shall be provided to identify all individual sheets of an application in proper relationship to
each other.
F. Profiles must be submitted on plan sheets. Special studies as required may be submitted on
standard cross-section paper and shall be an appropriate scale.
G. All horizontal dimensions shown on Site Plans shall be in feet and decimals of a foot to be closest
to 1/100 of a foot; and all bearings in degrees, minutes, and seconds to the nearest ten seconds.

33

Editor’s Note: “Uses approved by Special Uses” was removed per staff request following the March 12, 2025
worksession. “Previously approved concept plans” was not removed because of the waiver and exemptions
allowed by 3-7-3 A.
34
Editor’s Note: Land disturbance requirement carried over from Section 25-670 of the existing ordinance.

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H. When the development is to be constructed in stages or units, a final development schedule shall
be included with the Site Plan that shows the order of construction of such stages, an
approximate completion date for the construction of each stage, and a final cost estimate of all
improvements within each stage.
I.

A Site Plan for a particular development stage or unit other than the first, shall not be approved
until the Site Plan has been approved for the immediately preceding stage or unit.

J.

The required number of paper and digital copies of the Site Plan shall be determined by and
provided to the Administrator. 35

Section 3-7-5. Minor Site Plan Contents. 36
A. The applicant shall request and attend a pre-application meeting with the Administrator or
appointee.
(1) For discussion purposes, the applicant shall present at the pre-application meeting a
preliminary or sketch site plan showing the following:
a. Boundary lines of the subject property and/or plat of record, as available.
b. General layout design of the proposed development on a scale not smaller than one (1)
inch equals one hundred (100) feet, or as appropriate. No sheet shall exceed 36 inches by
42 inches in size without prior approval of the Administrator. 37
c. General parking and landscape layout;
d. Proposed building setbacks and all required building setback lines.
e. Zoning on subject and adjacent parcels.
B. The following elements must be shown on a Minor Site Plan, as applicable to the project:
(1) The source and title of the owner of the tract, the owner's name and the place of record of
the last instrument in the chain of title (including deed book and page number);
(2) A description of the use and development along with the zoning classification;
(3) Property lines;
(4) Tax parcel number;
(5) Acreage of the lot, scale, and north arrow;
(6) The location, dimensions, height, and proposed setbacks from property lines and from bodies
of water for all existing and proposed buildings and structures;

35

Editor’s Note: The requirement for 7 paper copies and 1 digital copy was changed in order to accommodate
future changes to requirements without having to amend the Zoning Ordinance.
36
Editor’s Note: Minor Site Plan requirements have been drafted to be less onerous than those in Section 25671 of the existing ordinance, according to best practices and to reduce barriers to business and development
as appropriate.
37
Editor’s Note: Item b. is from Section 25-676 of the existing ordinance.

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(7) The design of the existing and/or proposed water and sewage system in a form acceptable to
VDH and in compliance with Chapter 22 of the Franklin County Code (as applicable). Evidence
of any required approval by VDH and the County must be provided prior to consideration of
minor site plan approval.
(8) Existing and proposed driveways, vehicle access, and parking areas;
(9) The location of streams and bodies of water;
(10)Modifications to existing drainageways;
(11)Installation or modification of a stormwater best management practice (BMP);
(12)Compliance with any proffered conditions, variances, and/or County-imposed conditions;
(13)All public and private rights-of-way, including easements, their names, and widths;
(14)The design of the location, type, and size of ingress and egress of the site in a format meeting
applicable standards of VDOT;
(15)Evidence of existing approvals of the VDOT residency office for entrances onto state
maintained highways; and,
(16)All information to show compliance with applicable community design requirements as
required in Article 8, Community Design Standards, of this Ordinance.

Section 3-7-6. Major Site Plan Contents. 38
A. A Major Site Plan shall include the following, unless the Administrator determines that some of
the following information is unnecessary due to the scope and nature of the development
proposed:
(1) All elements required for a Minor Site Plan, as stated in Section 3-7-6 of this Article.
(2) A title page, in addition to the Minor Site Plan requirements shall contain the following:
a. The name, mailing and emailing address, phone number, signature, seal and registration
number of the plan preparer, and the preparation date of the plan;
b. A four (4)-inch x four (4)-inch blank space to serve as the signature panel for the
approving authority; 39
c. The north point, scale, and vicinity map;
d. A table (with computations) estimating the lot coverage ratio and impervious surface
ratio;
e. The name of the development;

38

Editor’s Note: This section includes content from Section 25-676 of the existing ordinance, and has been
reorganized and updated.
39
Editor’s Note: The size of the space was changed from 3”x 5” (Section 25-676 of existing ordinance) to match
the requirements of the Town of Rocky Mount to simplify the process for regional applicants.

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f.

A table (with computations) stating the total number of dwelling, commercial, or
industrial units of various types in the project and the overall project density in dwelling,
commercial, or industrial units per gross acre; and

g. A table (with computations) stating the total number of acres in the project and the
percentage and acreage thereof proposed to be allocated to the several dwelling types,
any nonresidential uses, off-street parking, green areas, streets, parks, schools, and other
reservations.
(3) Plan sheets containing the following, in addition to elements required for a Minor Site Plan:
a. A legend for all symbols shown on the plan.
b. Existing zoning and Zoning District boundaries, including overlay districts, on the property
to be developed and on immediately adjacent properties.
c. A boundary survey of the tract or site plan limit showing the location and type of
boundary evidence and the area of the site.
d. Proposed building use type, major excavations, and the total square footage of the floor
area by proposed use.
e. Topography of the project area with contour intervals of 2 ft. or less. Where the existing
slope is less than two percent (2%), either one-foot contours and/or spot elevations
where necessary but not more than 50 feet (horizontally) apart in any direction.
f.

Centerline curve data, radius of curbs, the width of rights-of-way and all easements, and
the width of surface or distance between curb faces in relation to centerlines and other
street construction data for all public and private streets. All streets that are to be
included in the state highway system for maintenance shall comply with the regulations of
the Virginia Department of Transportation. 40

g. Typical pavement cross sections for all private streets and parking areas.
h. The proposed traffic circulation pattern including the location and width of all access
points, roads, streets, alleys, driveways, pedestrian paths, cycling or bridle path systems
and the relationship of internal traffic to external roads.
i.

The estimated daily vehicular trips generated by the proposed development on each road
segment shown on the plan.

j.

Typical roadway pavement and design section for all proposed streets, roads, and
driveways including curbs and gutters, and all curb cuts.

k. The proposed and required off-street parking and loading areas, including parking and
access for the handicapped as specified in the Virginia Uniform Statewide Building Code.
l.

Points of connection to public water and sewer.

40

Editor’s Note: Items f & g are from 25-676 of the existing ordinance. The County should consider whether it
will continue to allow private roads, or if all roads will be built to VDOT standards. The planning commission
discussed this at length and decided to retain allowance of private roads.

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m. The location of proposed method of supply of adequate electric power; police, fire and
rescue protection.
n. The location and size of sanitary and storm sewers, water mains, sewer lines, fire
hydrants, gas, telephone, electric and other utility lines, culverts, and other underground
structures in or affecting the project, including existing and proposed facilities and
easements for these facilities. In the case of County-owned utilities, such information
shall be provided to the applicant by the applicable department.
o. A table estimating the daily public water usage and sewage flow attributable to the
proposed development in gallons per day, including the timing of any necessary
connections.
p. Existing and proposed water and sanitary sewer facilities indicating all pipe sizes, types
and grades and where connection is to be made to an existing or proposed water and
sewer system. The design of all water and sewer systems shall comply with the
regulations of the Virginia Department of Health and Chapter 22 of the Franklin County
Code. No site plan shall be approved unless the Virginia Department of Health and the
County of Franklin approve the water and sewer facilities serving the site.
q. Location and general design of outdoor lighting.
r.

A landscape plan showing the location, dimensions, and material descriptions of all
existing and proposed screens, buffer/transitional yards, or landscaping. The plan shall
include the location, height, type, and material of all fences, walls, screen planting, and
landscape details of all buildings and grounds.

s.

The location of all trees existing on the site prior to construction with a caliper of eight (8)
inches or greater. The Site Plan shall show wooded areas which shall be designated by
symbols coincident with the area of trees and an indication of which trees are to be
retained and which are to be removed.

t.

A plan for signs that includes the location, size, and height of all existing and proposed
freestanding signs demonstrating compliance with the sign regulations of this ordinance.

u. The proposed nature and manner of grading the site, including proposed treatment of
slopes more than ten percent (10%) to prevent soil erosion and excessive runoff. In cases
where an erosion and sedimentation control permit is required, the necessary plans and
data shall be submitted as required by Franklin County. In all other cases, soil erosion
control measures shall be shown on the Site Plan.
v. The location and screening materials for dumpsters or other outdoor trash receptacles.
w. The location and dimensions of proposed recreation areas, open spaces, recreation
facilities, and other amenities and improvements, including a statement of whether such
open areas are to be dedicated to the public.
x. The location of any grave, object, or structure marking a place of burial.
y. The location of any known historic building or feature.

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z.

The approximate limit of any floodplain limits, any drainage district, or mapped dam
break inundation zone.

aa. A plan or report indicating the extent, timing, and estimated cost of all off-site
improvements, such as roads, sewer, and drainage facilities deemed necessary to
construct the proposed development, and the extent, timing, and estimated cost of all
facilities deemed necessary to serve the development such as schools, libraries, and
police substations. This plan or report shall relate to the sequence of the development
schedule if the development is to be constructed in stages or units.
bb. Documentation of all existing permits and applications relevant to the parcel, including,
but not limited to: all existing Zoning Permits and zoning applications; applications for
rezoning, Special Use Permits, and zoning variances.
cc. A plan for the disposal of solid waste, including the location of receptacles, screening and
fencing.
dd. A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance,
and operation of all open space areas, and bylaws of a Homeowner’s Association if
applicable.
ee. Any additional information as required by the Administrator necessary to evaluate the
character and impact of the proposed project.
(4) In addition to the above, Site Plans for any rezoning request for a Planned Commercial District
(PCD), Residential Planned Development District (RPD), or the following overlay districts:
Village Overlay, 220-North Scenic Gateway, 220-North Rural Development, or 220-North
Mixed-Use, shall include:
a. A general statement of planning objectives to be achieved by the PCD, RPD, or Overlay
District, including a description of the character of the proposed development, the
market for which the development is oriented, and intentions with regard to any specific
human-made and natural characteristics located on the site.
b. General information on the trip generation, ownership, maintenance, and construction
standards for proposed streets should be included.
c. A traffic impact analysis that shall be prepared in accordance with the applicable Virginia
Department of Transportation (VDOT) standards.
d. Fiscal impact analysis information as specified by the County.

Section 3-7-7. Standards and Improvements. 41
A. Specifications. In cases where specifications have been established by the Franklin County Board
of Supervisors, this Ordinance, VDOT, or other State or Federal agency, for related facilities and
utilities, such specifications shall be followed. The most restrictive specifications will prevail.

41

Editor’s Note: This section updates and includes content in existing ordinance Section 25-677.

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(1) Facilities and utilities including, but not limited to, streets, parking, sidewalks, streetlights,
drainage, signs, lighting, and landscaping shall abide by Article 8, Community Design, of this
Ordinance.
(2) Water and Sewer Systems. Design requirements for water and sewer systems shall be
determined by reference to both the Virginia Department of Health regulations and Chapter
22 of the County Code.
(3) Easements. Adequate easements shall be provided for drainage and all utilities. Minimum
easement width shall be 20 feet. Where multiple structures or pipes are installed, the edge of
the easement shall be five (5) feet clear of the outside edge of the pipes. Where easements
do not follow the established lot lines, the nearest edge of any easement shall be a minimum
of five (5) feet from any building.
(4) Drainage. Adequate drainage for the disposition of storm and natural waters both on- and offsite shall be provided. The extent and nature of both on-site and off-site treatment including
storm water retention and/or detention, will be determined by reference to the most current
edition of the Virginia Erosion and Sediment Control Handbook.
(5) Maintenance. All site improvements required by this Division and, Article 8, Community
Design, of this Ordinance, and other regulations as shown on an approved Site Plan shall be
maintained in a safe, serviceable and attractive condition for as long as the property is used.
Unless specifically agreed upon by the County, all maintenance shall be the responsibility of
the owner of the property or their designated agent.

Section 3-7-8. Review. 42
A. Administrative Review. Site Plans required under Section 3-7-3 of this Article are subject to
administrative approval by the Administrator.
(1) The Administrator is responsible for the review, processing, and the requesting of additional
agency and consultant reports relative to a Site Plan which has been submitted.
B. Site Plan Review Process. Unless otherwise provided in another Article of this Ordinance, every
Site Plan required by this Article shall be submitted to the Administrator who shall take the
following actions:
(1) Review the Site Plan for completeness. If deemed incomplete or having insufficient
information for review, the application will be refused and returned to the applicant with a
written list of deficiencies.
(2) Review the Site Plans for conformity with applicable development regulations and approved
Concept Plans. Site Plans will be provided to all relevant County departments and reviewing
agencies for written comment.
(3) The Administrator shall notify the applicant of the action taken with respect to the Site Plan,
which may include approval or disapproval.

42

Editor’s Note: This section updates the content in existing ordinance Section 25-706 & 707 and brings it into
compliance with Code of Virginia.

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C. Time Period for Approval. 43
(1) Pursuant to the Code of Virginia, § 15.2-2259 Site Plans shall be approved or disapproved
within 60 days after it has been officially submitted and accepted for review for, if State
agency review is required, within 35 days of receipt of approvals from all reviewing agencies.
If disapproved, the reasons for disapproval shall be identified by reference to specific duly
adopted Ordinances, regulations, or policies and shall identify, to the greatest extent
practicable, modifications or corrections that will permit approval of the plan.
(2) Pursuant to the Code of Virginia, § 15.2-2259 a Site Plan that has previously been disapproved
but has been modified, corrected, and resubmitted shall be acted on within 45 days of
resubmission.

Section 3-7-9. Amendment of Site Plans.
A. Site Plan for Previously Approved Concept Plan.
(1) If it becomes necessary for an approved Site Plan, which was a previously approved Concept
Plan for a Special Use Permit or Rezoning, to be changed, the Administrator may, at the
applicant’s request, administratively approve a minor amendment to the Site Plan if the
change or amendment does not:
a. Alter a recorded plat;
b. Conflict with specific requirements of this Ordinance or proffered conditions;
c. Change the general character or content of an approved Concept Plan or use;
d. Have an appreciable effect on adjoining or surrounding property;
e. Result in any substantial change of external access points;
f.

Increase the approved number of dwelling units or other buildings or height of buildings;

g. Decrease the minimum specified yard and open spaces or minimum and maximum
specified parking and loading spaces required by Ordinance; and
h. Substantially change architectural or site design features.
(2) Amendments not in accordance with a) through (h) of this Section shall be considered as a
new Site Plan that does not match the Concept Plan and shall be submitted under Section 37-3 of this Article and go to the Planning Commission for review and approval or denial.
B. Site Plan Not Associated with an Approved Concept Plan. If it becomes necessary for an approved
Site Plan to be changed, the Administrator may, at the applicant’s request, administratively
approve amendment(s) to the Site Plan if the change or amendment is in compliance with this
Ordinance.

43

Editor’s Note: Time periods have been updated per Code of Virginia. BG recommends any shorter internal
management time period requirements reside outside of the Zoning Ordinance.

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C. The Administrator shall review the plans for compliance with applicable development regulations
and approved Concept Plans and issue final approval or denial within 45 days. The Administrator
shall provide a set of all submittals to relevant agencies or departments for their review and
written comments.
D. If the Administrator fails to act on a request for a minor amendment to the Site Plan within 45
calendar days, it shall be considered approved.
E. Upon final approval of the revised site development plan by the Administrator, the Administrator
shall transmit an approved set of plans to the authorized project agent and retain one copy of any
correspondence and plans for the County records.

Section 3-7-10. Security for Improvements.
A. All improvements required by this Ordinance shall be installed at the cost of the developer and in
accordance with design and construction standards of the County of Franklin.
B. After a Site Plan has been approved, and before any construction or land disturbance can occur,
the developer shall furnish to the County an irrevocable letter of credit, cash escrow, or bonds
(collectively referred to as “performance bond”) from a certified Virginia Lending Institution by
corporate surety in a form and amount sufficient to guarantee the completion of all required
improvements.
C. Time of Performance. The period within which improvements or installations shall be completed
and inspected for acceptance shall be specified in the public improvements agreement. Unless
otherwise provided by the Designated Agent, the period shall not exceed five (5) years from the
date of final Site Plan approval. In approving the time of performance of the public improvements
agreement, the Administrator shall require a report containing the following information from the
developer:
(1) Percent of public improvements already completed, and
(2) Rate of construction activity including the estimated completion date for each major feature
(roads, sewer, water, lights, etc.) remaining to be completed.
D. The Administrator shall not approve a public improvements agreement that the improvements or
installations covered by the agreement cannot reasonably be expected to be completed by the
deadline established therein.
E. Form of Security. The following guarantee options are available to the developer to provide to the
County for acceptance by the Agent or County Attorney:
(1) Performance Bond. A performance bond shall be executed by a surety company licensed to
do business in the Commonwealth of Virginia.
(2) Letter of Credit. A letter of credit shall be executed by a bank licensed to do business in the
Commonwealth of Virginia.
(3) Cash Escrow. The applicant shall provide to Franklin County cash or cashier’s check.
F. As outlined in the Code of Virginia § 15.2-2245 the subdivider may apply for the periodic partial
and final release of any bond required under this Article.
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Section 3-7-11. Compliance with Approved Site Plan Required. 44
A. It shall be unlawful for any person to construct, erect, or substantially alter any building or
structure, or develop, change, or improve land for which a Site Plan is required, except in
accordance with an approved Site Plan. Deviation from an approved Site Plan without the written
approval of the Administrator shall void the Site Plan and require submission of a new Site Plan
for approval.
B. No permit shall be issued for any structure in any area covered by the Site Plan that is required
under the provisions of this Article except in conformity with such Site Plan which has been duly
approved.
C. Supervision and Inspections. Inspections shall be made during the installation of on-site
improvements by the Building Official, Public Works Director, Administrator, or their designee to
ensure compliance with the approved Site Plan.
(1) The developer shall provide adequate supervision on the site during the installation of all
required improvements, with one (1) set of approved plans, profiles, and specifications at the
site at all times when work is being performed.
D. Acceptance of Improvements. The approval of the Site Plan or the installation of the
improvements as required in this Ordinance shall in no case serve to bind the County to accept
such improvements for maintenance, repair, or operation thereof. Such acceptance of each type
of improvement shall be subject to the County and/or State regulations.
E. Upon satisfactory completion of the installation of all required improvements shown on the
approved Site Plan, the developer shall submit two (2) copies of the completed As-Built Plans to
the Administrator. 45
(1) As-Built Plans shall be submitted at least one (1) week prior to the anticipated receipt of the
Certificate of Occupancy for review and approval by the Administrator for conformity with the
approved Site Plan and the ordinances and regulations of County and State agencies.
F. Prior to the issuance of a Certificate of Occupancy from the Franklin County Building Inspection
office, the Administrator shall give written notice to the Building Official that the Site Plan final
inspection has been completed and approved.
(1) When structures are completed and ready for occupancy prior to the complete installation of
all improvements required by the Site Plan, the owner may provide bond with surety
adequate to guarantee the completion of Site Plan, as outlined in Section 3-6-12 of this
Article; and
(2) Upon providing surety bond as agreed upon by the Administrator, a Certificate of Occupancy
may be issued for those structures already completed.

44
45

Editor’s Note: New section to update content from Section 25-707 of the existing ordinance.
Editor’s Note: Section 25-710 of the existing ordinance requires 6 copies of as-built plans.

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Section 3-7-12. Period of Validity. 46
A. In accordance with Code of Virginia, § 15.2-2261 approval of a Site Plan submitted under the
provisions of this Article shall expire five (5) years after the date of such approval unless building
permits have been obtained for construction in accordance therewith.
B. The application for and approval of minor modifications to an approved Site Plan shall not extend
the period of validity of such plan and the original approval date shall remain the controlling date
for purposes of determining validity.

DIVISION 3-8. ZONING PERMITS47
Section 3-8-1. Applicability.
A. No building or other structure shall be erected, moved, expanded, structurally altered, nor shall
any building, structure, or land be established or changed in use without the owner or owners
first obtaining a permit issued by the Administrator verifying that the building, structure, or use
complies with the requirements of this Ordinance.
B. No such permit shall be issued for a building, structure, or use unless it complies with the
provisions of this Ordinance, or a Special Use Permit authorizing an exception, variance, or written
order from an appeal has been approved as provided by this Ordinance.
(1) The issuance of such Zoning Permit, however, shall not afford protection to any owner who is
found to be violating this or any other applicable law, ordinance, or regulation.
C. No such permit will be issued if there are any open violations on the parcel.
D. Exception. A Zoning Permit is not required for reconstruction of conforming buildings or
structures which do not involve a change in structure size and use.
E. Nonconforming structures and uses. No nonconforming structure or use shall be renewed,
changed, or extended until a zoning permit, pursuant to Article 9, Nonconformities, of this
Ordinance, has been issued by the Administrator.

Section 3-8-2. Standards and Procedures. 48
A. Zoning Permit applications shall be reviewed using the procedures and minimum submission
requirements established by the Administrator.
B. In addition, the following shall be submitted to the Administrator for review:
(1) Site Plans shall be submitted as required in Division 3-7 of this Article.
(2) When Site Plans are not required, each Zoning Permit application shall be accompanied by
one (1) copy 49 of a scale drawing or plan on a plat that shows, with dimensions:
46

Editor’s Note: New Section with content from Section 25-707 of the existing ordinance and updated Code of
Virginia reference.
47
Editor’s Note: This Division includes content from Sections 25-626, 627, & 629 of the existing ordinance.
48
Editor’s Note: This section expands upon Section 25-627 of the existing ordinance.
49
Editor’s Note: Per the March 2025 worksession and Franklin County staff review, this requirement has been
reduced to one copy.

Article 3 – Permits and Applications l Page 3-26 of 33

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a. Lot lines;
b. Location of buildings on the lot, including setback measurements from each property
boundary;
c. Suitable notations indicating the proposed use of all land and buildings;
d. Points of connection to public water and sewer;
e. Delineation of all floodplain limits;
f.

Such other information as may be necessary to provide for the enforcement of these
regulations; and

g. If determined necessary by the Administrator in a specific case, a boundary survey, and a
staking of the lot by a competent surveyor, and complete construction plans shall be
required.
h. A statement from the water and sewer superintendent that applicable regulations and
requirements have been complied with.
i.

A grading permit, as required by the Franklin County Erosion and Sediment Control
and/or Stormwater Management Program(s).

j.

If a dwelling, the number of families or housekeeping units.

k. Number, size, location and lighting of signs, if any.
l.

Off-street parking and other facilities.

C. If the proposed building or use is in conformity with the provisions of this Ordinance, a permit
shall be issued to the applicant by the Administrator.
D. A Zoning Permit, in itself, shall not ensure that the development approved through said permit
shall receive subsequent approval for any other necessary permits or development approvals as
otherwise required.

Section 3-8-3. Period of Validity. 50
A. An approved Zoning Permit shall become null and void if the use described in the Zoning Permit
has not begun within one (1) year from the date of issuance unless the applicant requests
renewal.
(1) If the work described in any Zoning Permit has not been substantially completed within two
(2) years of the date of issuance, said permit shall expire and be revoked by the Administrator.
B. Extension. Prior to expiration of an approved Zoning Permit, if the applicant requests extension,
the Administrator may grant extensions for additional periods as determined to be reasonable,
taking into consideration, although not exclusively, the size and nature of the development, due
diligence of the applicant to proceed, and other applicable laws in effect at the time of the
extension request.

50

Editor’s Note: New section to establish period of validity for zoning permits.

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DIVISION 3-9. CERTIFICATES OF OCCUPANCY51
Section 3-9-1. Certificate specifications.
A. It shall be unlawful to use or permit the use of any building or premises, or part thereof, hereafter
created, erected, changed, converted, altered, or enlarged, until a Certificate of Occupancy shall
have been issued as required by the Virginia Uniform Statewide Building Code. Such certificate
shall show:
(1) That such building, premises, or part thereof, and the proposed use thereof, is in conformity
with the provisions of this Ordinance provided that:
a. Where structures are completed and ready for occupancy prior to the completion of all
improvements required by the site development plan;
b. The building official shall determine that the site may be occupied consistently with the
public health, safety and welfare;
c. The owner may provide bond with surety adequate to guarantee the completion on time
of certain such site development plan improvements as related to the building for which
the permit is sought; and
d. Upon the providing of such bond with surety a permit may be issued for the occupancy of
those structures already completed.
B. Improvements deemed directly related to health and safety, such as any required fire hydrants
and safe and convenient access to public roads, shall not be bonded and occupancy shall not be
permitted until such improvements have been installed and are operational.
(1) The Administrator and building inspector are authorized to accept instead of corporate surety
a letter of credit or a cashier's check made payable to the Board of Supervisors, which may be
placed in an escrow account whereby the developer may draw interest; and
(2) If a cashier's check is provided as a performance bond, there shall be a fee, established in the
County’s fee schedule, paid by the developer for cost incurred by the County to perform
necessary work involved. 52

DIVISION 3-10. ZONING DETERMINATIONS 53
Section 3-10-1. Applicability.
In administering, interpreting, and enforcing this Ordinance, the Administrator shall provide a written
response to persons who have filed a specific request in writing for a decision or determination on
zoning matters within the scope of the Administrator’s authority.

51

Editor’s Note: This section reorganizes content from Section 25-629 of the existing ordinance.
Editor’s Note: Item (2) was edited to reference the County’s fee schedule. This fee should be established as
such.
53
Editor’s Note: New section regarding zoning determinations.
52

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Section 3-10-2. Standards and Procedures.
A. The Administrator’s response shall be provided within 90 days of the date of the request unless
the requestor agrees to a longer period of time.
B. When the requestor is not the owner or the owner’s agent of the property subject to the request,
the Administrator in accordance with the Code of Virginia § 15.2-2204 (H) shall provide written
notice within ten (10) days of receipt of the request to the owner of the property at the owner’s
last known address as shown on the County’s real estate assessment records.
C. The Administrator’s written decision or determination shall include a statement informing the
recipient of the right to appeal the decision as provided in Division 11 of this Article.

DIVISION 3-11. APPEALS54
Section 3-11-1. Appeals of Zoning Administrator Determinations and Decisions. 55
A. Pursuant to the Code of Virginia § 15.2-2311 an appeal to the BZA may be taken by any person
aggrieved or by any officer, department, board, or bureau of the County affected by any decision
of the Administrator or from any order, requirement, decision, or determination made by any
other administrative officer in the administration or enforcement of this Ordinance.
B. Such appeal shall be taken within 30 days 56 after the decision appealed from by filing with the
Administrator, and with the BZA, a notice of appeal specifying the grounds thereof. The
Administrator shall forthwith transmit to the BZA all the papers constituting the record upon
which the action appealed from was taken.
C. A decision or interpretation of the Administrator shall be presumed correct and may not be
reversed or modified unless there is evidence in the record that the decision is not correct, based
on the relevant procedures and review standards of this Ordinance.

Section 3-11-2. Appeals to Board of Zoning Appeals Procedure. 57
A. Pursuant to the Code of Virginia § 15.2-2312 procedures for submitting an appeal shall be as
follows:
(1) Mailing Procedure. Appeals shall be mailed from the applicant seeking appeal to the BZA in
care of the Administrator, and a copy of the appeal shall be mailed to the Planning
Commission. A third copy should be mailed to the individual, official, department, or agency
concerned, if any.
(2) Hearing. The BZA shall fix a reasonable time for the hearing of an appeal, give public notice as
outlined in Division 12 of this Article as well as due notice to the parties in interest, and
decide the same within 90 days of the filing of the appeal.

54

Editor’s Note: This division contains new content, except where noted in the footnotes, in accordance with
Code of Virginia and best practices.
55
Editor’s Note: This section updates and expands upon Section 25-747 of the existing ordinance.
56
Editor’s Note: This item updates Section 25-774 from 10 days to 30 days in accordance with Code of Virginia.
57
Editor’s Note: This section updates and reorganizes content from Section 25-774 of the current ordinance in
accordance with Code of Virginia.

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(3) Decisions. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination appealed from. In any appeal, if a
BZA’s attempt to reach a decision results in a tie vote, the matter may be carried over until the
next scheduled meeting at the request of the person filing the appeal.

Section 3-11-3. Appeals of Board of Zoning Appeals, Planning Commission, or Board
of Supervisors. 58
A. Pursuant to the Code of Virginia §§ 15.2-2314, and 15.2-2285, any person jointly or severally
aggrieved by any decision of the BZA, Planning Commission, or Board of Supervisors, or any
taxpayer or any officer, department, board, or bureau of the County may appeal the decision to
the circuit court of Franklin County.
B. An application specifying the grounds on which the applicant is aggrieved must be submitted 30
days after the filing of the decision in the office of the BZA.

Section 3-11-4. Construction in Violation of Ordinance Without Appeal to BZA.
A. Pursuant to the Code of Virginia § 15.2-2313 construction of a building with a valid building
permit deemed in violation of this Ordinance may be prevented, restrained, corrected, or abated
by suit filed within 15 days after the start of construction by a person who had no actual notice of
the issuance of the permit.
B. The court may hear and determine the issues raised in the litigation even though no appeal was
taken from the decision of the Administrator to the BZA.

Section 3-11-5. Stay of Proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the
Administrator certifies to the BZA that by reason of facts stated in the certificate a stay would, in their
opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order granted by the BZA or by a court of record, on application and
on notice to the Administrator and for good cause shown.

DIVISION 3-12. PUBLIC HEARINGS AND NOTIFICATIONS 59
Section 3-12-1. Public Hearing Required.
A. In accordance with the Code of Virginia § 15.2-2204 the Planning Commission shall not
recommend, nor shall the Board of Supervisors adopt or approve any plan, ordinance,
amendment, or Special Use Permit, nor shall the BZA approve any variance, until it has held a duly
advertised public hearing. Advertising and notice procedures shall be conducted according to the
procedures under the Code of Virginia § 15.2-2204 as outlined in this Division.

58

Editor’s Note: This section updates Section 25-777 of the existing ordinance.
Editor’s Note: This division expands and updates Section 25-737 of the existing ordinance in accordance with
Code of Virginia and best practices.

59

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B. The Planning Commission and Board of Supervisors may hold a joint public hearing after public
notice as set forth herein, and if such joint hearing is held, public notice as set forth below need
be given only by the Board of Supervisors.
C. No land may be zoned to a more intensive use classification than was contained in the public
notice without an additional public hearing after notice pursuant to the Code of Virginia § 15.22204.

Section 3-12-2. Advertisements and Mailings.
A. In accordance with the Code of Virginia § 15.2-2204 the notice for each proposal shall provide:
(1) The street address or tax map parcel number of the parcel(s);
a. In cases where the intended action affects more than 25 parcels, the notice must include
the approximate acreage subject to the intended action;
b. For more than 100 parcels, the advertisement may instead include a description of the
boundaries of the area subject to the changes and a link to a map of the subject area;
(2) Where copies of the proposal may be examined; and
(3) The time and place of any hearing at which persons affected may appear and present their
views.
(4) Notice of public hearings shall also be published twice in some newspaper published or
having general circulation in the County. 60
a. The first notice shall appear no more than 28 days before and the second notice shall
appear no less than seven (5) days before the date of the meeting referenced in the
notice, however, the notice for both the Planning Commission and the governing body
may be published concurrently.
b. The cost of all notices published in the newspaper(s) shall be paid by the
developer/applicant in addition to any other fees involved in the application. The County
shall bill the applicant for such costs.
(5) Property owner notification shall be sent by the Administrator a minimum of five (5) days
prior to any public hearing, except where a longer timing is required.
a. Notifications shall be mailed to:
i.

The owner, owners, or their agent of the subject property;

ii. Persons owning any adjacent property, including property across any road, railroad
right-of-way or body of water;
iii. A locality’s chief administrative officer or their designee when the subject property is
located within 0.5 mile of the boundary of the adjoining locality at least ten (10) days
prior to the hearing;

60

Editor’s Note: A. (4) a. was edited from 7 to 5 days to reflect a recent change in state code § 15.2-2204.

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iv. The commander of the applicable military operation when the subject property is
located within 3,000 feet of the boundary of a military base, installation or airport,
excluding armories operation by the Virginia National Guard, at least 30 days prior to
the hearing;
v. The owner of a public use airport when the subject property is located within 3,000
feet of such airport at least 30 days prior to the hearing;
vi. For rezonings, the incorporated property owners’ association within a planned
development where the subject property is located within the planned development
and the association’s members also own property in the planned development that is
located within 2,000 feet of any portion of the subject property; and
vii. In lieu of each individual unit owner, the unit owners’ association or proprietary
lessee’s association when the property adjacent to the subject property is a
condominium or cooperative, respectively.
B. The following exceptions shall apply to property owner notification requirements, as outlined in
this Section:
(1) When a proposed amendment to the Zoning Ordinance involves a tract of land not less than
500 acres owned by the Commonwealth of Virginia or by the federal government, and when
the proposed change affects only a portion of the larger tract, notice need be given only to
the owners of those properties that are adjacent to the affected area of the larger tract.
(2) For Zoning Map amendments impacting more than 25 parcels or Ordinance amendments that
decrease residential density:
a. Adjacent property owner notification is not required.
b. Owner notification is not required for lots less than 11,500 square feet and shown on
approved and recorded subdivision plat.
C. Notice, as required above, shall be sent by registered or certified mail to the last known address
of such property owner(s) as shown on the current real estate tax assessment records. Notice
may be sent by first class mail; however, a representative of the County shall sign an affidavit that
such mailings have been made and file such affidavit with the papers in the case.
D. The cost of all property owner notifications requirements of A. (5), B., and C. of this Section, shall
be borne by the County. 61

Section 3-12-3. Posting Notice on Property. 62
A. Additional notice of all public hearings involving rezonings and Special Use Permits shall be
provided by means of posting a sign or signs on the subject property which indicates that zoning
action is pending. The County will provide, post, and maintain the sign, as required below:

61

Editor’s Note: Per Franklin County staff review (March 2025), provision revised to reflect the current practice.
The County bears the cost for all property owner notices, and the applicant pays for required newspaper ads.
62
Editor’s Note: This section replaces Section 25-620 of the existing ordinance, thereby reducing the burden on
County staff by placing the responsibility of posting on the applicant. The County should decide if it wants to

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DRAFT ARTICLE 3 – PERMITS & APPLICATIONS l MARCH 26, 2026
(1) The sign must be posted on the subject property at least 15 days preceding the public hearing
on the proposed Special Use Permit, rezoning, or variance.
(2) If the application addresses more than one property, signage must be placed on each parcel.
(3) The sign must be so placed as to be clearly visible from the road.
(4) The holding of a public hearing or the validity of action on an application will not be affected
by the unauthorized removal of a notice which has been posted in accordance with this
section.
(5) It will be unlawful for any person, except the Administrator, to remove or tamper with any
sign furnished during the period it is required to be maintained under this Section.

Section 3-12-4. Waiver of Notice.
Actual notice of, or active participation in, a public meeting for which written notice is required shall
waive the right of that party to challenge the validity of the proceedings based on failure of notice.

accept this change. Per Franklin County staff review (March 2025), provision revised to reflect the current
practice. The County provides, posts, and maintains notices on property.

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026

ARTICLE 4. PRIMARY ZONING DISTRICTS1
DIVISION 4-1. ESTABLISHMENT AND PURPOSE
Section 4-1-1. Establishment of Primary Districts. 2
A. Zoning Districts Established. The zoned land within the County, as it exists at the time of this
Ordinance being enacted, is hereby divided into classes of primary zoning districts to:
(1) Regulate and restrict the location and use of buildings and land for trade, industry, residence,
and other purposes in accordance with the objectives of the Comprehensive Plan;
(2) Regulate and restrict the location, height, and size of buildings hereafter erected or
structurally altered; and
(3) Ensure adequate setbacks, open spaces, and public facilities to support the County’s
population.
B. Primary Zoning Districts. To carry out the purpose stated in Article 1, General, of this Ordinance,
and A. of this Section, the County of Franklin is hereby divided into the following primary zoning
districts:

TABLE 4-1. PRIMARY ZONING DISTRICTS
A-1
A-2
RE
R-1
R-2
RC-1
RMF
B-1
B-2
PCD
RPD
REP
M-1

AGRICULTURAL DISTRICTS
Agricultural Preservation
Agricultural Residential 3
RESIDENTIAL DISTRICTS
Residential Estates
Residential – Low Density
Residential – Medium Density
Residential – Mixed
Residential Multi-unit
COMMERCIAL DISTRICTS
Business, Limited
Business, General
PLANNED DISTRICTS
Planned Commercial Development
Residential Planned Unit Development
Regional Enterprise Park
INDUSTRIAL DISTRICTS
Industrial, Limited

1

Editor’s Note: The content from the existing Article 3 is reorganized and revised as noted throughout this
Article. Permitted uses were removed from this Article to be reorganized into Article 6, Use Matrix.
2
Editor’s Note: This Section is new to establish primary zoning districts.
3
Editor’s Note: A-2 is a new district, as requested by the County.

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
M-2

Industrial, General

C. Overlay Districts. Overlay Districts are established in Article 5, Overlay Zoning Districts, of this
Ordinance.

Section 4-1-2. References to Primary District Names.
A. For reference purposes throughout this Ordinance, unless specifically provided to the contrary,
the following terms shall be used to refer to primary zoning districts:
(1) “Agricultural district” shall include the A-1 and A-2 Districts;
(2) “Residential district” shall include the R-1, R-2, RC-1, RMF, and RE Districts;
(3) “Commercial district” shall include the B-1 and B-2 Districts;
(4) “Planned district” shall include the PCD, RPD, and REP Districts; and
(5) “Industrial district” shall include the M-1 and M-2 Districts.

Section 4-1-3. Purpose and Intent of Primary Districts. 4
A. Agricultural Districts.
(1) A-1, Agricultural Preservation. The intent of this district is to preserve the agricultural
character of the County by maintaining wide expanses of farming and forestry; conserve
water and other natural resources; reduce soil erosion; prevent water pollution and protect
watersheds; reduce hazards from flood and fire; and to permit the continued agricultural use
and growth of agricultural related uses while discouraging urban and suburban developments
of all types. Residential uses shall consist of sparse single-unit dwellings, primarily located to
serve farm owners and their families. This is a rural area where urban services such as sewer
and water mains are not planned.
It can be presumed that agricultural and forestry activities may produce impacts such as
noise, odors, farming equipment or animal use of transportation rights-of-way (ROW), and
other impacts. A certain level of tolerance for these effects must be expected of those who
would dwell in or travel through this district.
(2) A-2, Agricultural Residential. 5 The intent of this district is to allow low-density residential of a
rural nature and certain agriculture and silviculture uses. The regulations of this district are
designed to facilitate a rural residential district that includes agricultural uses and smaller
residential parcels than the A-1 District. The district is more dense than the A-1 District, but
maintains an agricultural character and is less dense than the residential districts.
B. Residential Districts.

4

Editor’s Note: This Section has been written using information provided by the County, public engagement
input, and the purpose statements from the existing ordinance.
5
Editor’s Note: The A-2 District is a new district. This inclusion is only a text amendment; no map amendments
are being made at this time.

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(1) RE, Residential Estates. This district is intended to serve developments of three (3) or more
large residential lots. This district's regulations are designed to promote very low-density
residential uses and prohibit intensive commercial uses. Uses are limited to mostly single-unit
detached dwellings plus certain additional uses that serve the district's residents.
(2) R-1, Low-Density Residential. 6 This district is intended to provide low-density, single-unit
dwelling neighborhoods. The regulations for this district are designed to stabilize and protect
the neighborhood characteristics of the district, and to prohibit all intensive commercial
activities. Development and permitted uses are limited to residential dwellings plus certain
additional uses such as schools, parks, religious assemblies, and certain public facilities that
serve the residents of the district.
(3) R-2, Medium-Density Residential. 7 This district is intended to provide medium density, singleand two-unit dwellings, and townhouse neighborhood development. The regulations for this
district are designed to stabilize and protect the neighborhood characteristics of the district,
and to protect against encroachment of general commercial or industrial uses. Development
and permitted uses include residential dwellings plus additional uses such as schools, parks,
religious assemblies, and certain public facilities.
(4) RC-1, Mixed Residential. 8 This district is intended to provide a range of housing types, to
recognize modern advances in manufactured housing technology, and to promote costeffective site development. This district provides locations where manufactured and
prefabricated housing communities may harmoniously develop in a residential area with a mix
of other housing types, such as multi-unit apartments, duplexes, townhouses, manufactured
homes, and other compact detached housing. Regulations are designed to promote
neighborhood stability and maintain separation of residential and commercial uses.
Development and permitted uses include residential dwellings plus additional uses such as
schools, parks, religious assemblies, and certain public facilities.
(5) RMF, Residential Multi-unit District. This district provides for locations of multi-unit residences
such as apartments, condominiums, and townhouses. Development and permitted uses
primarily include residential dwellings, plus additional uses such as schools, parks, religious
assemblies, and certain public facilities. The district is intended to be primarily residential in
character and, as such, should not be located with heavy commercial or industrial uses.
C. Commercial Districts.
(1) B-1, Limited Business District. The intent of this district is to accommodate a limited range of
retail, service, and office uses that serve areas or neighborhoods in the County. The district is
designed to provide highly attractive and accessible shopping and community activity centers
along local roads.

6

Editor’s Note: The district name was changed from “suburban subdivision” to “low-density residential” to avoid
confusion with the subdivision ordinance and provide a more descriptive name.
7
Editor’s Note: The district name was changed from “suburban subdivision” to “medium-density residential” to
avoid confusion with the subdivision ordinance and provide a more descriptive name.
8
Editor’s Note: The district name was changed from “combined subdivision” to “mixed residential” to avoid
confusion with the subdivision ordinance and provide a more descriptive name.

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(2) B-2, General Business District. The intent of this district is to accommodate a wide range of
retail, wholesale, service, and office uses that cater to the traveling public and serve the
County and the surrounding region. The district is designed to provide highly attractive and
accessible shopping along primary 9 highways, while avoiding the routing of traffic onto minor
streets or through residential areas.
D. Planned Districts. 10
(1) PCD, Planned Commercial Development District. The purpose of this district is to promote the
efficient use of commercial land by allowing a wide range of land uses of various densities and
flexible application of regulations. The district also protects surrounding property, natural
features, and scenic beauty.
This district recognizes that many commercial, office, and residential establishments seek to
develop within unified areas, usually under single ownership or control. PCDs should be
proposed and planned for areas with adequate development and expansion space, controlled
access points, and public utilities.
(2) RPD, Residential Planned Unit Development District. The purpose of this district is to support
neighborhood scale development of innovative and creative design that creates well-planned
living environments. The district promotes variety in housing, community facilities, and
accessory commercial uses. Development in this district protects the natural beauty of the
landscape through the use of low-impact development techniques, leaving the majority of
land for open space, and protecting natural features. Residential planned developments are
intended to provide flexibility in the development of large tracts of land through adjustment
of certain dimensional and use restrictions, and provide for increased amenities, safety and
conveniences, reduced public and private costs, and other public and private benefits. This
type of development is envisioned to be served by public water and sewer utilities, or private,
centralized systems.
(3) REP, Regional Enterprise Park District. 11 This district is comprised of areas of at least 200 acres
for regional industrial, technology, and research and development enterprises along with
supportive uses that represent a significant center of economic activity for the County as a
whole. The district is intended for a regional destination economic center that should be
designed in a coordinated campus-style site design that uses low-impact development
practices and incorporates environmental preservation, walkable connections among
buildings and uses, and a compatible mix of uses. Non-commercial uses in this district, such
as recreational and community service facilities, serve as regional amenities. REPss should be
proposed and planned for areas with adequate development and expansion space, controlled
access points, and public utilities.
E. Industrial Districts.
9

Editor’s Note: Changed “principal” to “primary” per staff request at the May 14, 2025 PC worksession.
Editor’s Note: Added language about public and centralized utility systems per staff request at the May 14,
2025 PC worksession
11
Editor’s Note: The order of planned districts in this section was changed to match Table 4-1 as requested at
the May 14, 2025 PC worksession.
10

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(1) M-1, Light Industrial District. The intent of this district is to provide sufficient space in
appropriate locations for less intense industrial uses, such as research facilities, wholesale,
warehousing, light industrial, and heavy commercial uses. Uses should occur mostly in
enclosed buildings or be screened from view, and activities should not create a danger to
health and safety in surrounding areas nor create off-site noise, vibration, smoke, dust, lint,
odor, heat, or glare.
(2) M-2, Heavy Industrial District. The intent of this district is to encourage and provide for largescale industrial, manufacturing, processing, and warehousing operations in appropriate areas
separated from daily services and residences. The uses in this district may require public
utilities, access to transportation infrastructure, or outside storage, or generate noise, smoke,
or odor, which shall be mitigated with industry best practices for the compatibility of the
surrounding area and the preservation of the environment.

DIVISION 4-2. GENERAL DISTRICT STANDARDS
Section 4-2-1. General. 12
A. The requirements specified in this Article shall be considered the minimum required to promote
public health, safety, and general welfare.
B. Regulations shall apply uniformly to each use, structure, and lot within the zoning district.
C. Except as provided in Article 9, Nonconformities, of this Ordinance, every structure hereafter
constructed shall be located on a lot meeting the minimum requirements for the district in which
it is located. 13
D. Photographs, graphics, and/or diagrams in this Article are included for illustrative purposes only. If
there is any inconsistency between them and the text of this Ordinance, including tables, the text
will govern.

Section 4-2-2. Additional Standards.
In addition to the standards provided for each district, additional standards may apply, including but
not limited to:
A. Use Standards. Article 7, Use Standards, of this Ordinance establishes additional standards
pertaining to specific uses.
B. Community Design Standards. Article 8, Community Design Standards, of this Ordinance
establishes additional standards for:
(1) Lighting;
(2) Landscaping and screening;
(3) Walls and fences;

12

Editor’s Note: This Section has reorganized and rephrased content from Sec. 25-17 & 18 of the existing
ordinance.
13
Editor’s Note: From Sec. 25-70 of the existing ordinance.

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(4) Signs;
(5) Parking and loading;
(6) Streets and Sidewalks; and
(7) Open space.
C. Drainage. Provisions shall be made for proper stormwater drainage from streets, parking, and
loading areas, in accordance with Franklin County stormwater regulations. Water shall not be
permitted to drain from such areas onto adjacent property except into a natural watercourse or a
drainage easement. Provisions shall be made for protection against erosion and sedimentation in
accordance with Chapter 7, Erosion and Sediment Control and Stormwater Management, of the
Franklin County Code.
D. Streets and Sidewalks. Provisions shall be made for the construction and maintenance of streets
and sidewalks, in accordance with Article 8, Community Design Standards, of this Article and
Chapter 19 Subdivisions of the Franklin County Code.

DIVISION 4-3. AGRICULTURAL DISTRICTS DIMENSIONAL
STANDARDS14
Section 4-3-1. A-1, Agricultural Preservation and A-2, Agricultural Residential
Districts Regulations. 15
TABLE 4-2. A-1 and A-2 AGRICULTURAL DISTRICTS DIMENSIONAL STANDARDS
Standard

AGRICULTURAL DISTRICTS
A-1
A-2 17
MINIMUM LOT AREA1
16

With NO public water or sewer
10 acres 18
2 acres 19
With public water AND sewer
1
For agricultural uses such as the keeping of animals: see Article 6, Use Matrix for permitted uses and Article 7, Use
Standards, for additional standards.
MINIMUM FRONTAGE 20
Road frontage for all lots
150 ft.
150 ft.
14

Editor’s Note: Dimensional standards from the existing ordinance have been reorganized into charts to greatly
improve referencing. Changes are footnoted.
15
Editor’s Note: Developments within subdivisions are subject to the standards set by the Franklin County
Subdivision Ordinance.
16
Editor’s Note: A-1 standards are changed from the existing ordinance to reflect the new district purpose.
17
Editor’s Note: A-2 standards are new and established to reflect the new district purpose.
18
Editor’s Note: 10 acres is a starting point for discussion. It has been increased from one acre in an effort to
preserve the district for agricultural uses. The County can consider if they want to lower this amount. As written,
if a property owner in A-1 wants a smaller lot area they would have to rezone to A-2 or a different zoning
district.
19
Editor’s Note: A-2 lot area with no public water/sewer was changed from determination from the health
official to 2 acres per decision at May 14, 2025 PC worksession.
20
Editor’s Note: Frontage is carried over from the existing ordinance and simplified. The County should consider
if it wants to revise frontage regulations.

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
AGRICULTURAL DISTRICTS
A-1
A-2 17
21
MAXIMUM COVERAGE

Standard

16

Building coverage (total sq. ft. of
building footprint areas)
Lot coverage (total sq. ft. of impervious
surfaces plus building coverage)

N/A

25% of total lot area

20% of total lot area

40% of total lot area

MINIMUM SETBACKS 22
23

Front — measured from front property line
Principal structure
30 ft.
Accessory structures
Behind the front building line
Non-residential agricultural structures
30 ft. 24
Side— measured from side property line
Principal structure
30 ft. 25
10 ft.
Accessory structures
5 ft.
5 ft.
Non-residential agricultural structures
30 ft.
30 ft.
Rear— measured from rear property line
Principal structure
30 ft.
Accessory structures
5 ft.
Non-residential agricultural structures
30 ft.
Rear: Properties contiguous to Smith Mountain Lake2— measured from the 800-foot contour
All structures
20 ft.
2
In no case shall any structure be located on or below the 800-foot contour.
MAXIMUM STRUCTURE HEIGHT
Principal structure
35 ft. 26
3
Non-residential agricultural structures
50 ft.
35 ft.
Accessory structures
No taller than principal structure
3
Non-residential agricultural buildings may be erected to a height of 50 ft. provided that required front, side, and rear
setback minimum standards shall be increased 1 foot for each foot in height over 35 ft.

21

Editor’s Note: Lot coverage replaces “yard” regulations from the existing ordinance and has been added to A-

1.

22

Editor’s Notes: Setbacks have been simplified to one distance, regardless of the type of road the property
fronts on.
23
Editor’s Note: Revised from “right-of-way” language for simplicity and understanding. Revision throughout
document.
24
Editor’s Note: A-2 changed from 45 to 30 ft. per staff request at May 14, 2025 PC worksession.
25
Editor’s Note: A-1 changed from 35 to 30 ft. per staff request at May 14, 2025 PC worksession.
26
Editor’s Note: All height maximums, throughout this Article, for residential uses have been reduced from 40 ft.
to 35 ft.

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026

DIVISION 4-4. RESIDENTIAL DISTRICTS DIMENSIONAL STANDARDS27
Section 4-4-1. RE, Residential Estates, R-1, Low Density Residential District, and R-2,
Medium Density Residential District Regulations. 28
TABLE 4-3. RE, R-1, and R-2 RESIDENTIAL DISTRICTS DIMENSIONAL STANDARDS
RESIDENTIAL DISTRICTS
RE
R-1
R-2
MINIMUM LOT AREA1
With public water AND sewer
10,890 sq. ft. (0.25 acre)
7,500 sq. ft.
With public water OR sewer
5 acres
21,780 sq. ft. (0.5 acre)
14,520 sq. ft. (0.33 acre)
With NO public water or sewer
1 acre
35,000 sq. ft. (0.8 acre) 29
1
For agricultural uses such as the keeping of animals: see Article 6, Use Matrix for permitted uses and Article 7, Use
Standards, for additional standards.
MINIMUM LOT FRONTAGE 30
Lots other than cul-de-sacs:
With public water AND sewer
75
31
With public water OR sewer
150 ft.
100
With NO public water or sewer
125
Cul-de-sac
30 ft.
MINIMUM SETBACKS2, 32
Front— measured from front property line
Principal structure
30 ft. 33
Accessory structures
Behind the front building line
Behind the front
Non-residential agricultural structures
building line
Side— measured from side property line
Principal structure
10 ft.
Accessory structures
5 ft.
Non-residential agricultural structures
30 ft.
Rear— measured from rear property line
Principal structure
30 ft.
Standard

27

Editor’s Note: Dimensional standards from the existing ordinance have been reorganized into charts. Changes
are footnoted.
28
Editor’s Note: Lot length/width ratios in existing 25-194 (a)(2) were not carried over.
29
Editor’s Note: The existing ordinance states that lot area without public water/sewer will be determined by
the health official and it gives a minimum area of 35,000 sq. ft. This removes the health official. Acreage added
per staff request at the May 14, 2025 PC worksession.
30
Editor’s Note: Frontage is carried over from the existing ordinance and simplified. Min. lot frontage for A-1
and A-2 are the same per staff direction at the May 14, 2025 PC worksession
31
Editor’s Note: Existing 25-224 provides multiple widths and frontage for R-1 lots; these have been simplified
to frontage for both R-1 and R-2.
32
Editor’s Notes: Setbacks have been simplified to one distance, regardless of the type of road the property
fronts on. Measurements can be found in Division 4-8.
33
Editor’s Note: Min. front setback changed from 35 to 30 ft. per staff request at the May 14, 2025 PC
worksession.

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
RESIDENTIAL DISTRICTS
R-1
5 ft.

Standard

RE
R-2
Accessory structures
Non-residential agricultural structures
30 ft.
Rear: Properties contiguous to Smith Mountain Lake3— measured from the 800-foot contour
Principal structure
20 ft.
Accessory structures up to 576 sq. ft.
12 ft.
2
For properties contiguous to Smith Mountain Lake the front property line shall be contiguous to the road.
3
In no case shall any structure be located on or below the 800-foot contour. Setbacks shall be measured from the
800-foot contour.
MAXIMUM STRUCTURE HEIGHT
Principal structure
35 ft.
35 ft. 34
Non-residential agricultural structures
35 ft.
Accessory structures
No taller than principal structure

Section 4-4-2. RC-1, Mixed Residential and RMF, Multi-unit Residential District
Regulations. 35
TABLE 4-4. RC-1 and RMF RESIDENTIAL DISTRICTS DIMENSIONAL STANDARDS
Standard

With public water
AND sewer

RESIDENTIAL DISTRICTS
36

RC-1
RMF
37
MINIMUM LOT AND/OR UNIT AREA
Residential
Multi-unit 38 (sq.
Single-unit & duplex
Townhouses Townhouses
Multi-unit 39
ft.)
1 bedroom: 1,000
1 bedroom: 1,200
2 bedroom: 1,250
2 bedroom: 1,400
3 bedroom: 1,500
3 bedroom: 1,800
4 bedroom: 2,000
4+ bedroom:
2,500 sq. ft.
5,445 sq. ft.
2,000 Plus 10,000
Plus 10,000 sq. ft.
sq. ft. for the first
for the first
dwelling unit in
dwelling unit in
the development
the development
Non-residential

34

Editor’s Note: Reduced from 40 ft. to 35 ft. to match district purpose/intent.
Editor’s Note: Dimensional standards from the existing ordinance have been reorganized into charts. Changes
are footnoted.
36
Editor’s Note: RC-1 standards have been reduced to allow a greater variety of housing.
37
Editor’s Note: Developing these districts requires public water and/or sewer as written.
38
Editor’s Note: Multi-unit buildings for RC-1 are proposed to be a maximum of 4 dwelling units. This will be
reflected in Article 6, Use Matrix, and explained in Article 7, Use Standards.
39
Editor’s Note: Minimum area has been changed from 10,000 sq. ft. for the first 2 units and 3,000 sq. ft. per
dwelling unit for each additional unit (existing 25-282(1)a). These standards match the Town of Rocky Mount, as
requested.
35

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
RESIDENTIAL DISTRICTS

Standard

RC-1

36

RMF

With public water
AND sewer

15,000 sq. ft.
MINIMUM FRONTAGE 40

Lots other than
cul-de-sacs
Cul-de-sac

50 ft.

Duplex
Lot coverage
(total sq. ft. of
impervious
surfaces plus
building
coverage)

100 ft.

30 ft.
MAXIMUM LOT COVERAGE 41
Multi-unit Developments

35% of total lot area

Single-unit & duplex
Front— measured from front property line
Principal structure
Accessory
structures
Side— measured from side property line
Principal structure

75 ft.

40% of total lot area

MINIMUM SETBACKS1 42
Multi-unit (sq. ft.) Townhouses Townhouses

Multi-unit

30 ft. 43
Behind the front building line

10 ft.

25 ft.

25 ft. plus 1 ft. for
each ft. of height
over 25 ft.

Accessory
5 ft.
25 ft.
structures
Rear— measured from rear property line
Principal structure
30 ft.
Accessory
5 ft.
structures
Rear: Properties contiguous to Smith Mountain Lake2— measured from the 800-foot contour
Principal structure
20 ft.
30 ft.
1
For properties contiguous to Smith Mountain Lake the front property line shall be contiguous to the road.
2
In no case shall any structure be located on or below the 800-foot contour.
MAXIMUM STRUCTURE HEIGHT 44
Principal structure
35 ft.
60 ft.

40

Editor’s Note: Frontage is carried over from the existing ordinance.
Editor’s Note: Lot coverage replaces “yard” and “width” regulations and is from existing Section 25-282(b).
42
Editor’s Notes: Setbacks have been simplified to one distance, regardless of the type of road the property
fronts on. Measurements can be found in Division 4-8.
43
Editor’s Note: Min. front setback changed from 35 to 30 ft. per request at the May 14, 2025 PC worksession.
44
Editor’s Note: Existing 25-283 max height is 40 ft. It has been changed to allow up to three-story (35 ft.) and 5
story (60 ft.) buildings, as appropriate for the districts.
41

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
RESIDENTIAL DISTRICTS

Standard

RC-1

Accessory
structures
Interior lot
building
separation for
groups of
townhouses and
multi-units

36

RMF
12 ft.

15 ft.

SEPARATION REQUIREMENTS
Five or more units shall be separated by 40 ft. between facing living areas and 20 ft. between
exterior walls or corners of buildings placed at right angles to one another. Buildings of four or
less units shall be separated by at least 20 ft. from other buildings of four or less units.
All interior setbacks shall be increased 1 ft. for each additional foot of height over 35 ft.

DIVISION 4-5. COMMERCIAL DISTRICTS DIMENSIONAL STANDARDS
Section 4-5-1. B-1, Business District, Limited and B-2, Business District, General,
Regulations. 45
TABLE 4-5. B-1 and B-2 COMMERCIAL DISTRICTS DIMENSIONAL STANDARDS
Standard

COMMERCIAL DISTRICTS
B-1
MINIMUM LOT AREA

With public water AND
sewer
With NO public water
or sewer

B-2

No Minimum
35,000 46
MINIMUM FRONTAGE 47
150 ft.
MAXIMUM LOT COVERAGE 48

All lots
Lot coverage (total sq.
ft. of impervious
surfaces plus building
coverage)

60% of total lot area

70% of total lot area

MINIMUM OPEN SPACE 49
Minimum landscaped
area

10% of total lot area

20% of total lot area

45

Editor’s Note: Dimensional standards from the existing ordinance have been reorganized into charts. Changes
are footnoted.
46
Editor’s Note: This is carried over from the existing ordinance. Recommend replacing with a number between
30,000 and one acre. 35,000 is a common number in the County’s ordinance. Changed per decision at May 14,
2025 PC worksession.
47
Editor’s Note: Frontage for business districts is new.
48
Editor’s Note: Lot coverage is written to simplify and replace existing Section 25-319 for B-1, and is proposed
as new for B-2.
49
Editor’s Note: B-1 open space was increased from 10% to 20%.

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Standard

COMMERCIAL DISTRICTS
B-1
MINIMUM SETBACKS1,2

B-2

Front— measured from front property line
Principal structure
30 ft. 50
Accessory structures
Behind the front building line
Side— measured from side property line
Principal structure
No minimum when adjacent to commercial or industrial district
40 ft. minimum when adjacent to agricultural
50 ft. minimum when adjacent to
Principal structure
or residential district
agricultural or residential district
Accessory structures
Same as principal structure
Rear— measured from rear property line
Principal structure
No minimum when adjacent to commercial or industrial district
40 ft. minimum when adjacent to agricultural
50 ft. minimum when adjacent to
Principal structure
or residential district
agricultural or residential district
Accessory structures
Same as principal structure
1
For properties contiguous to Smith Mountain Lake front property line shall be contiguous to the road.
2
In no case shall any structure be located on or below the 800-foot contour. Setbacks shall be measured from the
800-foot contour.
MAXIMUM STRUCTURE HEIGHT
Principal structure
40 ft.
Accessory structures
No taller than principal structure 51

DIVISION 4-6. PLANNED DISTRICTS DIMENSIONAL STANDARDS
Section 4-6-1. Planned Districts Regulations.
The purpose of Planned Districts regulations is to encourage innovative and efficient land use planning
and physical design on large, unified sites in the Planned Commercial Development (PCD), Residential
Planned Development (RPD), and Regional Enterprise Park (REP) Districts, and to allow neighborhoodscale commercial activities in the RPD.

Section 4-6-2. General.
A. Character of Development. Development within the PCD, RPD, and REP planned development
districts should encourage development form and character that is aesthetically pleasing and
different from conventional suburban development through inclusion of the following elements:
(1) Pedestrian orientation and infrastructure;
(2) Interconnected streets and transportation networks;
(3) Open space, in accordance with Article 8, Community Design Standards, of this Ordinance;

50

Editor’s Note: Front setback has been simplified to one number regardless of the road type. Changed from 35
to 30 ft. per request at the May 14, 2025 PC worksession.
51
Editor’s Note: Accessory structure height is new.

Article 4 – Zoning Districts l Page 4-12 of 28

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(4) Appropriately scaled building and spaces;
(5) Architecturally similar in style; and
(6) Visual buffers between residential and commercial uses.

Section 4-6-3. Additional Standards.
In addition to the standards provided for each planned development district, additional standards may
apply, including but not limited to:
A. Utilities. 52
(1) Within a planned development all newly installed utilities, including television cable, internet
and telephone wiring and fiber, and electrical systems, shall be installed underground.
Appurtenances to these systems which require aboveground installations shall be screened. 53
(2) Planned developments shall be served by public water and sewer utilities, or private,
centralized systems. 54
B. Concept Plan Requirements. In addition to the requirements for a rezoning application, each
request for a planned development shall be accompanied by a Concept Plan in accordance with
Article 3, Permits and Applications. 55

Section 4-6-4. PCD Planned Commercial Development District.
A. General. 56
(1) Streets.
a. Streets in the PCD District, if part of a major subdivision, shall be built in accordance with
VDOT standards. 57
b. The applicant must demonstrate adequate provision for maintenance of any private
streets. If in the future private streets are to be dedicated for public use, then, prior to
such dedication for public use, the developer, property owners association or other party
who has been responsible for the general upkeep and maintenance of the private roads
shall improve said private roads to equal the construction standards for inclusion by VDOT
into the state highway system for maintenance.
(2) Access. 58 In order to promote safe ingress and egress for the development, minimum
separation distance between entrances to the public right-of-way shall be subject to final

52

Editor’s Note: Added internet and telephone lines to this item.
Editor’s Note: Carried over from 25-306.
54
Editor’s Note: This requirement is new. This requirement was applied to all planned districts per decision
made at the May 14, 2025 worksession.
55
Editor’s Note: Carried over and revised from 25-307.
56
Editor’s Note: A (2) and (3) are retained from the existing ordinance; Sec. 25-399.
57
Editor’s Note: Sec. 25-396 from the existing ordinance was removed. This item was revised per the 11/12/25
worksession. “if part of a major subdivision” was added, and the requirement to be adopted into the state
highway system was removed.
58
Editor’s Note: Revised on 9/9/2025 to agree with language in Article 8, 8-8-5 C.
53

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review and approval by VDOT. Additional access between adjoining lots, such as frontage
roads and shared parking lots are strongly encouraged.
(3) Parking. Parking within the PCD should be located to the side or rear of the principal
structures on the lot, wherever feasible. During review, consideration will be given to
topographical constraints, innovative site design, buffering and landscaping plans.

TABLE 4-6. PCD, PLANNED COMMERCIAL DEVELOPMENT DISTRICT DIMENSIONAL
STANDARDS
Standard

PLANNED COMMERCIAL DEVELOPMENT DISTRICT
PCD
MINIMUM DISTRICT AREA

With public water AND
sewer

5 acres
MINIMUM LOT AREA
None
Lot area shall be determined at the time of development application, based on the overall
design, layout, and objectives of the proposed development.
MAXIMUM LOT COVERAGE 59

All lots

Lot coverage (total sq.
ft. of impervious
surfaces plus building
coverage)

75% of total lot area
MINIMUM OPEN SPACE

Minimum landscaped
area

20% of total lot area
MINIMUM SETBACKS1

Front— measured from front property line
Principal structure
Accessory structures
Side— measured from side property line
Principal structure

30 ft. 60
Behind the front building line

No minimum when adjacent to commercial or industrial district
25 ft. minimum when adjacent to agricultural or residential district

Accessory structures
Rear— measured from rear property line

Same as principal structure

Principal structure

No minimum when adjacent to commercial or industrial district
25 ft. minimum when adjacent to agricultural or residential district

Accessory structures

Same as principal structure

59

Editor’s Note: The maximum has been simplified to one figure; the existing ordinance Sec. 25-393 (b) makes a
reference to Residential Multi-unit standards for residential areas.
60
Editor’s Note: Front setback has been simplified to one number regardless of the road type. Changed from 35
to 30 per decision at the May 14, 2025 worksession.

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
PLANNED COMMERCIAL DEVELOPMENT DISTRICT
PCD
Rear: Properties contiguous to Smith Mountain Lake2— measured from the 800-foot contour 61
Principal structure
20 ft.
1
For properties contiguous to Smith Mountain Lake front property line shall be contiguous to the road.
2
In no case shall any structure be located on or below the 800-foot contour.
MAXIMUM STRUCTURE HEIGHT
Principal structure
40 ft. when adjacent to agricultural or residential districts.
Otherwise, 70 ft. with an additional 2 ft. setback for each foot in height over 40 ft., for
property lines that are adjacent to agricultural or residential districts.
70 ft. when adjacent to commercial or industrial districts.
Accessory structures
15 ft. 62
Standard

Section 4-6-5. RPD Residential Planned Unit Development District.
A. The RPD District may provide flexibility through the adjustment of certain lot setbacks, design
guidelines, and use restrictions during the Concept Plan approval process, in accordance with
Article 3, Concept Plans, of this Ordinance.
B. General.
(1) Streets.
a. Streets in the RPD District shall be built in accordance with VDOT standards. 63
b. Notwithstanding the relevant provisions of the General Subdivision Ordinance, private
streets may be permitted in a residential planned unit development upon the approval of
the Administrator; 64 provided, that all streets are built and maintained to the standards of
the Virginia Department of Transportation, 65 and that the private streets are adequately
marked by name or number.
i.

A road 66 maintenance agreement shall be submitted to the Administrator by the
developer, property owners' association or other party who is responsible for the
general upkeep and maintenance of the private roads. 67

(2) Commercial Uses. 68

61

Editor’s Note: Rear setback on the lake is new for this district.
Editor’s Note: Accessory structure height is new.
63
Editor’s Note: Changed “encouraged to be built” to “shall be built” per decision at May 14, 2025 planning
commission worksession.
64
Editor’s Note: Changed “board of supervisors” to “Administrator” per decision at May 14, 2025 planning
commission worksession.
65
Editor’s Note: Added requirement for VDOT standards per decision at May 14, 2025 planning commission
worksession.
66
Editor’s Note: the word “road” was inserted as requested by a Board of Supervisors member 10/31/2025.
67
Editor’s Note: Added requirement for maintenance agreement per decision at May 14, 2025 planning
commission worksession.
68
Editor’s Note: Carried over from 25-304.
62

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a. No more than three percent (3%) of the gross area of the RPD shall be occupied by
buildings or structures devoted to commercial uses. 69
b. For the purposes of the RPD District, neighborhood commercial uses are considered to be
small establishments designed and intended to serve the daily or frequent trade or
service needs of the immediate surrounding population.

TABLE 4-7. RPD, RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
DIMENSIONAL STANDARDS
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
RPD
MINIMUM DISTRICT AREA
Entire RPD District
5 acres
MINIMUM LOT AREA
All lots
None
Lot area shall be determined at the time of development application, based
on the overall design, layout, and objectives of the proposed development
MAXIMUM DENSITY
Residential Units
Units per Gross Acre
Single-unit
3
Two-unit (duplex)
5
Multi-unit
15
Townhouses
10
MINIMUM OPEN SPACE
Minimum open space area
50% of total gross area of the development; of the required percentage, a
minimum of 10% shall be for active or passive recreation 70
MINIMUM SETBACKS1
Minimum setbacks shall be established as part of the approval process, except as follows:
Rear: Properties contiguous to Smith Mountain Lake2— measured from the 800-foot contour 71
Principal structure
20 ft.
1
For properties contiguous to Smith Mountain Lake front property line shall be contiguous to the road.
2
In no case shall any structure be located on or below the 800-foot contour. Setbacks shall be measured from the
800-foot contour.
SEPARATION REQUIREMENTS
Principal structures shall be no less than 20 feet apart.
MAXIMUM STRUCTURE HEIGHT
Principal structure
40 ft.
Accessory structures
15 ft. 72
Standard

69

Editor’s Note: Gross area of the RPD was carried over from existing ordinance, floor space requirement was
removed for simplification.
70
Editor’s Note: Minimum was increased from 5% to 10%.
71
Editor’s Note: Rear setback on the lake is new for this district.
72
Editor’s Note: Accessory structure height is new.

Article 4 – Zoning Districts l Page 4-16 of 28

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Section 4-6-6. REP Regional Enterprise Park District.
A. Utilities. In addition to Sections 4-6-2 and 4-6-3 of this Article, the following standards shall apply
to the placement and screening of utilities and mechanical/electrical equipment within the REP,
Regional Enterprise Park District:
(1) Ground and wall-mounted mechanical/electrical service equipment shall be screened from
general public view in accordance with Article 8, Community Design Standards, of this
Ordinance.
(2) Roof-mounted mechanical/electrical equipment, satellite dishes and any other
communications equipment shall be concealed from view of public rights-of-way and
neighboring properties from street level. Where reasonable height parapet or screen walls
are insufficient to provide screening, all equipment shall be painted in a neutral color to blend
with roofing materials.
B. Open Space and Landscape Requirements. All development shall comply with Article 8,
Community Design Standards, of this Ordinance; however, properties adjacent to U.S. Route 220
must also comply with the following requirements:
(1) A minimum landscape yard of 50 feet shall be required adjacent to U.S. Route 220.
(2) A minimum landscape yard of 25 feet shall be required adjacent to all other roads.
(3) The landscape yard shall be measured perpendicular to the property line contiguous to the
right-of-way.
(4) Structures, buildings, parking areas, outdoor storage, and outdoor display are prohibited in the
required landscape yard.
(5) Nothing herein shall preclude the location of driveways within the required landscape yard.
C. Access Management. The following standards for access management shall apply:
(1) All REP District properties shall front on U.S. Route 220.
(2) All new roads or streets within the REP District shall be constructed to VDOT standards for the
acceptance of secondary streets into the state maintenance system.
(3) All new entrances to public or private streets shall comply with VDOT standards for entrance
separation, sight distance, turn radius, and corner clearance.
(4) Parcels along U.S. Route 220 shall comply with access management and entrance
requirements of Article 5, Overlay Districts, of this Ordinance.
D. Signs. Signage within the Regional Enterprise Park District shall comply with the following: 73
(1) Off-premises signs shall be prohibited.
(2) Signs shall be permitted within the required landscape yard.

73

Editor’s Note: From existing 25-420; removed “free standing signs” to apply to all signage.

Article 4 – Zoning Districts l Page 4-17 of 28

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a. Where the setback is required to be 80 feet, signs shall be set back a minimum of 45 feet
from the property line.
b. Where the setback is required to be 25 feet, signs shall be set back a minimum of 15 feet
from the property line.
(3) A signage plan shall be required in accordance with Article 8, Community Design Standards, of
this Ordinance.

TABLE 4-8. REP, REGIONAL ENTERPRISE DISTRICT DIMENSIONAL STANDARDS
Standard

REGIONAL ENTERPRISE PARK DISTRICT
REP
MINIMUM DISTRICT AREA

Entire REP District

200 acres

MINIMUM SETBACKS
Front— measured from the nearest point of the principal structure to the property line
U.S. Route 220
All other roads
Principal or other structure
50 ft.
30 ft. 74
Side— measured from side property line
25 ft. when adjacent to commercial or industrial districts
Principal or other structure
80 ft. minimum when adjacent to agricultural and residential districts
Rear— measured from rear property line
30 ft. when adjacent to commercial or industrial districts
Principal or other structure
80 ft. minimum when adjacent to agricultural and residential districts
SEPARATION REQUIREMENTS
Principal structures shall be no less than 20 feet apart.
MAXIMUM STRUCTURE HEIGHT
Any structure
70 ft.

DIVISION 4-7. INDUSTRIAL DISTRICTS DIMENSIONAL STANDARDS
Section 4-7-1. M-1 Industrial, Limited District and M-2 Industrial, General District.
TABLE 4-9. INDUSTRIAL DISTRICTS DIMENSIONAL STANDARDS
Standard

With public water AND
sewer
74

INDUSTRIAL DISTRICTS
M-1
MINIMUM LOT AREA

M-2

No Minimum

Editor’s Note: Changed from 35 to 30 ft. per request at the May 14, 2025 PC worksession.

Article 4 – Zoning Districts l Page 4-18 of 28

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
INDUSTRIAL DISTRICTS

Standard

M-1

With NO public water
or sewer

M-2
1 acre 75

MINIMUM FRONTAGE 76
75 ft.
MINIMUM OPEN SPACE

All lots
Minimum landscaped
area

10% of total lot area
MINIMUM SETBACKS 77

Front— measured from front property line
Principal structure
30 ft. 78
Accessory structures
Side— measured from side property line
Principal structure

50 ft. 79

15 ft. when adjacent to an industrial district
50 ft. minimum when adjacent to agricultural and residential districts
30 ft. when adjacent to commercial districts

Accessory structures
Rear— measured from rear property line

Same as principal structure

15 ft. when adjacent to an industrial district
50 ft. minimum when adjacent to agricultural and residential districts
30 ft. when adjacent to commercial districts
Accessory structures
Same as principal structure
Properties contiguous to Smith Mountain Lake 80
Industrial uses and districts not allowed contiguous to Smith Mountain Lake
MAXIMUM STRUCTURE HEIGHT 81
Principal structure
40 ft.
70 ft.
Accessory structures
No taller than principal structure 82
Principal structure

75

Editor’s Note: Minimum lot area changed to 1 acre from determination from the health official to 2 acres per
decision at May 14, 2025 PC worksession.
76
Editor’s Note: Frontage for industrial districts is new.
77
Editor’s Note: The 50 ft. M-2 side & rear setback was extended to M-1, as there are currently no setback
standards for M-1. The 15 ft. & 30 ft. side & rear setbacks were added.
78
Editor’s Note: Changed from 35 to 30 ft. per request at the May 14, 2025 PC worksession.
79
Editor’s Note: Increased to 50 ft., from 35 ft.
80
Editor’s Note: This provision is new.
81
Editor’s Note: Max height for M-2 was increased from 40 ft. M-1 height was added; there are currently no
height provisions for M-1.
82
Editor’s Note: Accessory structure height is new.

Article 4 – Zoning Districts l Page 4-19 of 28

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026

DIVISION 4-8. MEASUREMENT STANDARDS, ENCROACHMENTS,
AND EXEMPTIONS.
Section 4-8-1. Lot and Setback Determination and Measurement.
A. Lot Standards.
(1) Lot area shall be the total horizontal area included within the lot lines of a lot.
(2) Lot width shall be the horizontal distance between the side lot lines of a lot, measured at the
front setback.
(3) Pipe Stem Lots. See Figure 4 – 2.
a. Pipe stem lots shall only be permitted if the horizontal distance between side lot lines for
any single pipe stem lot equals or exceeds the minimum required lot frontage for the
zoning district where the lot is located. 83
b. No building or structure shall be permitted in the stem portion of existing pipe stem lot.
B. Determination of Lot Front. 84
(1) Interior Lots. The front shall be construed to be the portion adjacent to the street.
(2) Corner Lots. 85 The front shall be construed to be the shortest boundary fronting a street. If the
lot has equal frontage on two (2) or more streets, the front shall be construed in accordance
with the prevailing building pattern, or the prevailing lotting pattern if a building pattern is not
established.
(3) Smith Mountain Lake. Front yards for lots and lots in subdivisions that border on the edge of
Smith Mountain Lake shall be assumed to be located between the principal building on the lot
and the road fronting the lot; front yards shall not be considered to lie between the principal
building and the lake.
(4) Pipe Stem Lots. The front shall be construed to be the widest portion of the lot, between the
two sides, nearest the street. See Figure 4 – 2.
(5) Double Frontage (Through) Lots. Double frontage lots shall have two fronts, each adjacent to
the street(s).
C. Required Setbacks. See Figures 4 – 1, 4 – 2, and 4 – 3.
(1) Interior Lots, Corner Lots, and Stem Lots shall have the following setbacks:
a. One (1) front, two (2) sides, and one (1) rear.
(2) Double Frontage Lots shall have the following setbacks:

83

Editor’s Note: For transparency and to avoid confusion, this provision is being included here, as currently
written in the Franklin County Subdivision Ordinance Sec. 19-332.
84
Editor’s Note: From Sec. 25-61 of the existing ordinance.
85
Editor’s Note: Corner lots have been simplified from existing 25-189. (e)(3) by considering only one front. This
greatly simplifies dimensional standards for corner lots.

Article 4 – Zoning Districts l Page 4-20 of 28

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
a. Two (2) fronts and two (2) sides.
(3) Accessory structures 86 shall be located behind an imaginary line along the front façade of the
building, extending to the side property lines, known as the front building line. See figure 4-3.

Figure 4 — 1. Lot Standard Terms and Required Setbacks.

Figure 4 — 2. Stem Lot Front Setback.

Figure 4—3. Behind Front Building Line.

86

Editor’s Note: Accessory structure setback explanation and figure 4-3 added per staff request at May 14, 2025
PC worksession.

Article 4 – Zoning Districts l Page 4-21 of 28

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
D. Measurement Methods. See Figure 4 - 4. The following methods shall be used for measuring
setbacks:
(1) All Setback Types. Setbacks shall be measured in such a manner that the lot line and the
setback line are parallel to one another.
(2) Street Frontage Required. 87 Except as otherwise provided in this Article, or in the Franklin
County Subdivision Ordinance, every lot shall front a street.
(3) Front Setback. Front setbacks are determined as follows:
a. A front setback shall be included for the full width of the lot frontage, measured between
the side lot lines.
i.

Stem Lots shall have one (1) front setback that is measured from the boundary
delineating the end of the “stem” and then in towards the lot until the distance
required in the district standards is met. See Figure 4 – 2.

b. Depth of the front setback shall be measured from the front lot line at the edge of the
public right-of-way, inward towards the lot, until the distance required in the district
standards is met. 88
c. Irregular Lots shall have one (1) front setback that shall be determined by the nearest
existing buildings on each side of the lot. However, if the existing buildings are more than
125 ft. away from the proposed structure, the Administrator will determine the setback.
d. The front setback required for nonconforming lots may be the average of the front
setbacks within 125 ft. on either side of the lot, except that no front setback shall be
required to be greater than the minimum required for the underlying zoning district.
i.

To maintain the pattern of the neighborhood, if the adjacent lots are vacant, the
average(s) of the nearest developed lot(s) on the same side of the street shall be
used.

(4) Side Setback.
a. Side setbacks shall be measured from the front setback to the rear setback.
b. Depth of a side setback shall be measured from the lot line in towards the lot until the
distance required in the district standards is met.
(5) Rear Setback.
a. A rear setback shall be included for the full width of the rear of the lot, measured
between the side lot lines.
b. Depth of a rear setback shall be measured from the rear lot line in towards the lot until
the distance required in the district standards is met.
i.

87
88

Properties bordering Smith Mountain Lake:

Editor’s Note: Best practice recommends requiring street frontage for all lots.
Editor’s Note: This measurement has been simplified according to best practices.

Article 4 – Zoning Districts l Page 4-22 of 28

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(a). Rear setbacks shall be measured from the 800-foot contour.
(b). Accessory structures up to 576 square feet may be located in the rear yard, a
minimum of 12 feet from the rear property line.
(c). In no case shall any structure be located on or below the 800-foot contour.

Figure 4 — 4. Setback Example.

Section 4-8-2. Height.
A. It is the intent of the height regulations of this Ordinance to secure safety, to provide light and air,
and to protect the character of districts and the interests of the public. No building shall be
erected, constructed, or altered to exceed the height limitations specified in the district
regulations set in this Ordinance. 89
B. Measuring Height. Building height is measured, in feet, as:
(1) The vertical distance from the grade to the top of the highest roof beams of a flat roof; or
(2) The mean level of the highest gable or slope of a hip roof.
(3) When the building faces on more than one (1) street, the height shall be measured from the
average of the grades at the center of each street front.
C. Floodplain Height. For structures that are in AE and A Flood Zones, the following applies:
89

Editor’s Note: Carried over from existing 25-71.

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(1) Height is measured from the required number of inches above the base flood elevation
(freeboard) to the ridge of the roof as required in this Section, item (B) for the building site.
See Figure 4 - 5.
(2) In cases where there is a ground floor enclosure below the base flood elevation, height shall
be measured as provided in (B), above. See Figure 4 – 5.

Figure 4 — 5. Height Measurement of Raised Structures in Floodplain Areas.

Section 4-8-3. Encroachments and Exemptions.
A. Encroachments. The following uses and structures are permitted in required setbacks, subject to
applicable sight distance, building code, and fire safety requirements: 90
(1) Clotheslines.
(2) Fences, provided no fence in a front yard shall exceed four (4) feet in height.
(3) Freestanding air conditioning units.
(4) Sculpture, fountain, etc.
(5) Walls and retaining walls.
(6) Structures that the Administrator determines to be similar in scope, size, and impact as those
listed herein, and are in compliance with all other provisions of this chapter. 91
(7) Unenclosed porches, steps, and decks, not exceeding 24 sq. ft. in size, may project into any
required setback, but shall not be closer than five (5) ft. to any lot line. 92
90

Editor’s Note: Carried over and revised from existing 25-72. Bay windows, plantings and shrubbery, and
residential solar panels were deleted per staff request at May 14, 2025 PC worksession.
91
Editor’s Note: New item added.
92
Editor’s Note: New item added.

Article 4 – Zoning Districts l Page 4-24 of 28

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DRAFT ARTICLE 4. PRIMARY ZONING DISTRICTS | MARCH 26, 2026
(8) Architectural features, chimney, eaves, windowsills, and other like building features may
project into any required setback but shall not be closer than three (3) ft. to any lot line. 93
(9) Setback exemptions. 94 For properties contiguous to Smith Mountain Lake:
a. Walkways and steps are exempt from rear setback requirements.
b. Accessory structures up to five hundred seventy-six (576) square feet may be located in
the rear setback, as long as they are at least twelve (12) feet from the rear property line.
B. Exemptions. 95 The height limitations of this Ordinance shall not apply to:
(1) Belfries;
(2) Chimneys, flues, and smokestacks;
(3) Cooling towers;
(4) Cupolas;
(5) Domes;
(6) Public memorials or monuments;
(7) Parapet walls;
(8) Radio aerials;
(9) Roof-top mechanical equipment screened by parapet walls;
(10) Silos;
(11) Spires;
(12) Utility service, major;
(13) Water tanks or towers; and
(14) Wind generators.

DIVISION 4-9. RESIDENTIAL CLUSTER DEVELOPMENTS.96
Section 4-9-1. Purpose.
A. The purposes of residential cluster provisions are to:
(1) Encourage the protection and preservation of open space and agricultural lands in the County;

93

Editor’s Note: New item added.
Editor’s Note: Carried over from existing 25-182.
95
Editor’s Note: New content for height exemptions. Non-residential agricultural buildings, broadcasting and
communication towers, flagpoles, solar collectors, and television antennas, were deleted per staff request; they
are covered in Article 8.
96
Editor’s Note: This section is moved from existing 25-189 to apply to more districts. The definition was moved
to Article 10. The Division has been completely rewritten using comparison locality ordinances to differentiate it
from RPD standards and preserve land while allowing true cluster residential neighborhoods. The County should
carefully consider the details for any desired changes.
94

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(2) Encourage development in a manner which lessens the cost of infrastructure;
(3) Provide incentives for clustering residential development in the most appropriate locations;
(4) Encourage more efficient and aesthetic use of open space;
(5) Encourage the preservation of open space for scenic and recreational uses;
(6) Create and encourage the use of a variety of development choices to satisfy the changing
needs of the County; and
(7) Offer flexibility to the developer in their approach and solution to land development problems.

Section 4-9-2. General.
A. The provisions of this Article will allow residential dwellings to be developed in clusters, subject to
the provisions of Chapter 19, Subdivisions, of the Franklin County Code.
B. A cluster development shall be subject to all the applicable standards of this Ordinance, and all
other requirements of Franklin County, unless specifically modified or excepted by the provisions
of this Article.
C. Cluster development as allowed by the provisions of this Ordinance shall be permitted only in the
following districts: 97
(1) A-1, Agricultural Preservation;
(2) A-2, Agricultural Residential;
(3) R-1, Low-density Residential; and
(4) R-2, Medium-density Residential.
D. All cluster developments shall provide open space in accordance with the development standards
in Section 4-9-3 of this Article.
(1) The open space shall be designed and used in accordance with the standards for open space
provided in Article 8, Community Design Standards, of this Ordinance.
E. The permitted uses for cluster developments shall conform to the respective permitted uses for
the district in which the development is located.
F. Subdivisions that meet the requirements for "family division," as defined by the Franklin County
Subdivision Ordinance, may develop as residential cluster developments, provided that they meet
the residential lot and required open space standards set forth in this Division. However, they are
exempt from the other requirements of this Division. 98

Section 4-9-3. Development Standards.
A. Cluster development requires public water and sewer utilities, or private, centralized systems.
B. The dimensional requirements set forth in this Section shall supersede those stipulated for other
development types, except that:
97
98

Editor’s Note: The County should consider allowing cluster development in A-1.
Editor’s Note: Item F. is carried over from existing 25-189 (b) (4). RPD was added to the list.

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(1) The requirements for corner visibility, as set forth in Article 8, Community Design Standards, of
this Ordinance are not waived.
(2) The setback requirement for any building on a cluster lot which abuts a lot located outside the
cluster development, shall be no less than the greater of the required setbacks for either lot.
(3) All cluster developments shall adhere to the requirements of Chapter 19, Subdivisions, of the
Franklin County Code.
(4) All new streets or roads serving residential lots within a residential cluster development shall
be constructed to VDOT standards and dedicated into the state maintenance system. 99
C. Development regulations shall be as specified in the underlying zoning district, with the following
exceptions:
(1) Minimum Development Size: Two (2) acres
(2) Maximum Density: Four (4) dwelling units per acre
a. Overall Development Density Calculation:
i.

Total Development Acreage x Density = number of units allowed
(a). Number of units allowed are built on a maximum of 40% of the total property

D. Dimensional Requirements.
(1) Minimum Lot Size: 4,356 square feet
(2) Minimum Frontage: 40 feet
(3) Minimum Setbacks:
a. Front Yard: 15 feet
b. Side Yard: five (5) feet
c. Rear Yard: ten (10) feet
(4) Minimum Open Space: 60% of the development area

Table 4-10. CLUSTER DEVELOPMENT STANDARDS
Standard
With public water AND
sewer; OR private,
centralized system

RESIDENTIAL CLUSTER DEVELOPENT
DISTRICTS: A-1, A-2, R-1, R-2
MINIMUM DEVELOPMENT SIZE
2 Acres
MAXIMUM DENSITY
4 du/acre1
1
Calculated as provided in Section 4-9-3 C.
MINIMUM OPEN SPACE
60% of the development area

99

Editor’s Note: Item (4) is carried over from existing 25-189 (b) (6).

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Standard

RESIDENTIAL CLUSTER DEVELOPENT
DISTRICTS: A-1, A-2, R-1, R-2
DIMENSIONAL STANDARDS
MINIMUM LOT SIZE
MINIMUM FRONTAGE
4,356 sq. ft.
40 ft.
MINIMUM SETBACKS2
Front
Side
Rear

All structures

15 ft.

5 ft.

10 ft.

2

Principal structure
Accessory structures

Measured from property line
MAXIMUM STRUCTURE HEIGHT
35 ft.
No taller than principal structure

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ARTICLE 5. OVERLAY ZONING DISTRICTS
DIVISION 5-1. ESTABLISHMENT AND PURPOSE.
Section 5-1-1. General.
This Article establishes overlay districts, which apply additional standards to the development and
design requirements of land in the County. These district standards exist as overlays to the existing
underlying zoning districts, and, as such, the provisions for the overlay districts do not replace, but
shall serve to supplement the underlying district provisions.

TABLE 5-1. OVERLAY ZONING DISTRICTS 1
220-NSG
220-NRD
220-NMU
VOD

ALL OVERLAY DISTRICTS
220-North Scenic Gateway Overlay District
220-North Rural Development Overlay District
220-North Mixed-Use Overlay District
Village Overlay District 2

Section 5-1-2. Purpose and Intent of Overlay Districts.
A. 220-North Overlay District(s). The purpose of three (3) 220-North Overlay Districts is to guide land
use and development in a manner that provides a thoughtful transition from scenic, undeveloped
areas to increasingly developed environments. These districts ensure that growth occurs in a
visually harmonious and context-sensitive way, preserving natural character while accommodating
responsible development.
(1) 220-North Scenic Gateway Overlay District (220-NSG).
a. Purpose. 3 The purpose of the 220-North Scenic Gateway Overlay District is to:
i.

Implement the policies, objectives, and purposes of the County’s Comprehensive
Plan, the 220-North Corridor Plan, and Code of Virginia § 15.2-2283;

ii. Promote uses with compatible visual relationship with the natural terrain, existing
agricultural uses, and the established rural setting;
iii. Limit residential density and promote residential clustering;
1

Editor’s Note: Two existing overlays have been removed as requested by staff: Smith Mountain Lake Surface
District and the Corridor Overlay District. The SML Surface District regulates waters below the 800-foot contour
and was written in 1988. AEP’s Shoreline Management Plan regulates all land use below the 800-foot contour,
making this overlay outdated and void. The Corridor Overlay District includes provisions to regulate signage
along Routes 40 and 220 within the non-zoned area of the County and therefore is not enforceable.
2
Editor’s Note: The proposed Village Overlay District restructures and renames the existing Westlake Village
Center Overlay District, in accordance with the Comprehensive Plan and housing study to provide a district that
can align with the County’s existing and future Designated Growth Areas that are within the zoned areas of the
County.
3
Editor’s Note: Items are taken from Sec. 25-500 of the existing ordinance. (1) a. i. is new.

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iv. Conserve the scenic views and natural vegetation of this section of the U.S. Route 220
corridor;
v. Preserve open space;
vi. Limit development along the highway;
vii. Prohibit obtrusive signage; and
viii. Minimize traffic congestion by controlling vehicular access to the highway.
(2) 220-North Rural Development Overlay District (220-NRD).
a. Purpose. 4 The purpose of the 220-North Rural Development Overlay District is to:
i.

Implement the policies, objectives, and purposes of the County’s Comprehensive
Plan, the 220-North Corridor Plan, and Code of Virginia § 15.2-2283;

ii. Promote the efficient and compact design of all new developments, including
residential clustering and planned commercial development;
iii. Provide safe and efficient pedestrian and vehicular access;
iv. Present an attractive transportation corridor along U.S. Route 220 while protecting
the rural character of this section of the corridor;
v. Limit obtrusive signage;
vi. Encourage landscaped buffers for visual appeal;
vii. Provide adequate buffers along U.S. Route 220 to accommodate future expansion;
and
viii. Serve as a buffer between the sparsely developed 220-North Scenic Gateway Overlay
and the more densely developed 220-North Mixed-Use Overlay.
(3) 220-North Mixed-Use Overlay District (220-NMU).
a. Purpose. 5 The purpose of the 220-North Mixed-Use Overlay District is to:
i.

Implement the policies, objectives, and purposes of the County’s Comprehensive
Plan, the 220-North Corridor Plan, and Code of Virginia § 15.2-2283;

ii. Promote a mixture of residential, office, and commercial uses in an integrated and
interconnected manner that allows for creative land use planning;
iii. Provide safe and efficient pedestrian and vehicular access;
iv. Present an attractive transportation corridor along U.S. Route 220;

4

Editor’s Note: As written in the existing ordinance, this district has little differentiation from the 220-North
Scenic Gateway Overlay District. To ensure the two districts have specific purposes and outcomes, and to create
a transitional area between the developed and undeveloped corridors of Route 220, the purpose of the 220North Rural Development Overlay District has been revised. Some items are taken (or revised) from Sec. 25-501
of the existing ordinance. (2) a. i., v., vi., and vii. are new.
5
Editor’s Note: Some items are taken from Sec. 25-502 of the existing ordinance. (3) a. i. and v. are new.

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v. Provide adequate buffers along U.S. Route 220 to accommodate future expansion;
vi. Minimize traffic congestion by controlling vehicular access to the highway; and
vii. Encourage innovative design for new developments.
B. Village Overlay District (VOD).
(1) Purpose. 6 The purpose of the Village Overlay District is to:
a. Implement the policies, objectives, and purposes of the County’s Comprehensive Plan,
Village/Area Plans, and Code of Virginia § 15.2-2283;
b. Encourage development within the Designated Growth Areas and discourage
development beyond those boundaries to reinforce the villages’ sense of place;
c. Support functional highway corridors without compromising the character of the villages’
core;
d. Promote traditional neighborhood design (TND);
e. Promote development patterns that bring a sense of community to the surrounding rural
area;
f.

Facilitate the creation of convenient, attractive, and harmonious community centers that
provide essential goods and services to rural residents;

g. Create convenient, safe, and comfortable pedestrian connections between commercial
and residential areas;
h. Create a consistent approach to location, design, and landscaping of parking areas for
commercial use; and
i.

Ensure new development complements surrounding areas.

DIVISION 5-2. APPLICABILITY OF DEVELOPMENT STANDARDS.7
Section 5-2-1. General.
A. The development standards required in this Article shall apply to all new construction,
developments, or adaptive re-use within the respective Overlay District.
(1) Notwithstanding Section 5-2-1 A. of this Article, the following is exempt from the development
standards of this Article:
a. Single- and two-family development on individual lots (not part of a Major Subdivision,
Planned Development, or Cluster Development).

6
7

Editor’s Note: Items are taken from Sec. 25-491 of the existing ordinance. Items a. through d. are new.
Editor’s Note: This Division is new.

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DIVISION 5-3. 220-NORTH OVERLAY DISTRICTS – GENERAL8
Section 5-3-1. Applicability.
The standards in this Division apply to the 220-North Scenic Gateway Overlay, the 220-North Rural
Development Overlay, and the 220-North Mixed-Use Overlay.

Section 5-3-2. Development and Design Standards. 9
A. In addition to the development standards specified in this Ordinance for underlying primary
zoning districts and to the development standards specified in Divisions 5-4, 5-5, and 5-6 of this
Article, the following standards shall apply in all 220-North Overlay Districts:
(1) Setbacks.
a. Front setbacks adjacent to U.S. Route 220 shall be measured from the property line.
i.

Side and rear setbacks shall be consistent with the requirements of the underlying
primary district.

b. Required buffers and landscaping, utilities, signs, and access points shall be permitted
within the required front setback.
(2) Utilities. All utilities shall be placed underground. 10
(3) Lighting. All lighting installed shall comply with the standards of Article 8, Community Design
Standards, of this Ordinance.
(4) Parking and Loading Areas. All parking and loading areas shall comply with the standards of
Article 8, Community Design Standards, of this Ordinance.
(5) Landscaping, Buffering, and Screening. All landscaping, buffering, and/or screening shall
comply with the standards of Article 8, Community Design Standards, of this Ordinance.

Section 5-3-3. Access and Internal Circulation Standards.
A. The purpose and intent of this Section is to: 11
(1) Maximize the functional capacity and level of service of U.S. Route 220;
(2) Minimize the number of vehicular access points to public rights-of-way;
(3) Promote connectivity and the ability to travel directly between sites;
(4) Promote the sharing of access; and

8

Editor’s Note: New Division to address general standards that apply in each of the three 220-North Overlay
Districts; this format reduces redundant text.
9
Editor’s Note: The existing ordinance allows the Administrator to grant waivers for any of the included
standards. Proposed change allows the Administrator to grant waivers, in strict accordance with Article 8.
Waivers to other development standards are not recommended.
10
Editor’s Note: Reworded from Sec. 25-500.12, Sec. 25-501.10, and Sec. Sec. 25-502.13 of the existing
ordinance.
11
Editor’s Note: New Section.

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(5) Provide pedestrian circulation connections among residential, commercial, and recreational
areas.
B. General.
(1) All new streets shall be constructed to VDOT standards for acceptance into the VDOT
secondary system of state highways. 12
(2) Sites shall be designed to achieve direct and convenient pedestrian and vehicular circulation
between adjacent properties of existing and future development.
C. Traffic Impact Analysis. 13 A traffic impact analysis shall be submitted as part of Site Plan approval,
per Article 3, Permits and Applications, of this Ordinance. The traffic impact analysis shall be
prepared in accordance with the applicable VDOT standards for such an analysis.
D. Vehicular Access.
(1) All new entrances to public or private streets shall comply with all VDOT standards and
applicable VDOT entrance permit requirements. 14
(2) Any parcel or assembly of parcels having frontage along U.S. Route 220 shall be allowed only
one direct access point to U.S. Route 220, unless approved by VDOT. 15
a. If no additional access points are permitted by VDOT, additional access may be provided
via the following means:
i.

By provision of shared entrances, inter-parcel connections and travel routes, or onsite service drives connecting adjacent properties;

ii. By access from a secondary street; or
iii. By the internal streets of a development.
E. Pedestrian Access. 16
(1) All pedestrian infrastructure shall be constructed to optimize pedestrian movement and shall
be clearly marked.
(2) A pedestrian walking zone shall be placed parallel to the active building façade in a manner that
creates a buffer between parking areas and thoroughfares and an active building façade.
(3) Drainage must be designed so as not to interfere with pedestrian traffic.
(4) Crosswalks shall be provided across drives and internal travel routes.
(5) Sidewalks. 17

12

Editor’s Note: Taken from Sec. 25-500.11, Sec. 25-501.9, and 25-502.12 of the existing ordinance.
Editor’s Note: New provision to require a TIA for all new development along Route 220.
14
Editor’s Note: Taken from Sec. 25-500.11, Sec. 25-501.9, and 25-502.12 of the existing ordinance.
15
Editor’s Note: New provision to set a limit of one entrance on Route 220, unless otherwise approved by VDOT.
16
Editor’s Note: New provisions.
17
Editor’s Note: Sec. 25-495 of the existing ordinance requires sidewalk construction only adjacent to public
streets. Propose requiring sidewalks for all development to ensure connectivity.
13

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(i) Sidewalks shall be installed along any internal right-of-way of new development, except
U.S. Route 220, to achieve connectivity to adjoining sites and to provide internal
circulation.
(ii) All sidewalks shall be a minimum of 5 ft. in width and otherwise ADA compliant with
applicable 2010 ADA Standards for Accessible Design, as amended, and any applicable
VDOT regulations. 18
(iii) All sidewalks shall be constructed of concrete.

DIVISION 5-4. 220-NORTH SCENIC GATEWAY OVERLAY DISTRICT
(220-NSG).
Section 5-4-1. Applicability. 19
The 220-NSG shall apply to the area on each side of U.S. Route 220, extending one-quarter (¼) mile as
measured perpendicular to the centerline of U.S. Route 220. This Overlay extends from the Roanoke
County/Franklin County boundary to the northern corporate boundary of the Town of Boones Mill.
The official boundaries of the 220-NSG are shown on the Official Zoning Map.

Section 5-4-2. Permitted Uses. 20
A. Uses which are permitted by-right and by Special Use Permit in the underlying primary districts
shall be permitted in the 220-NSG; see Article 6, Use Matrix.
B. Notwithstanding Section 5-4-2 (A), the following uses shall be prohibited 21 within the 220-NSG
Overlay District:
(1) Adult Use;
(2) Car Wash;
(3) Drive-through window;
(4) Firing range, outdoor;
(5) Fuel Center;
(6) Race track;
(7) Solar Energy, Utility-Scale Ground-Mounted;
(8) Store, Large;

18

Editor’s Note: The provision for ADA compliance is new.
Editor’s Note: This Section includes simplified language from Sec. 25-500.1 of the existing ordinance. The
revisions do not change the existing boundary of the overlay.
20
Editor’s Note: This Section is new to ensure the intent statement is met by not permitting intensive nonresidential uses.
21
Editor’s Note: The uses included here, as prohibited uses, were chosen as they are likely to have the greatest
negative impacts. Further, they were chosen to ensure future development is aligned with the intent of this
overlay district.
19

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(9) Utility Service, Major;
(10) Wind Energy Generating Facility; and
(11) Any use within the Industrial category of Article 6, Use Matrix of this Ordinance.

Section 5-4-3. Development and Design Standards.
A. In addition to the development standards specified in this Ordinance for underlying primary
zoning districts and Divisions 5-2 and 5-3 of this Article, the following standards will apply in the
220-North Scenic Gateway Overlay District:
(1) Front Setback. 22
a. The front setback for all structures adjacent to U.S. Route 220 shall be 250 ft.
i.

The front setback for any parcel fronting U.S. Route 220, in existence at the time of
adoption of this Ordinance (enter date), with an area of one half (½) of an acre or
less, or measuring less than 500 feet in depth, shall be 100 ft.

(2) Signs. All signs shall comply with the standards of Article 8, Community Design Standards, of
this Ordinance.
a. In addition to signs prohibited by Article 8, Community Design Standards, the following
sign types shall be prohibited in the 220-NSG:
i.

Billboard; 23

ii. Changeable animated display; 24
iii. Feather;
iv. Flashing;
v. Internally-illuminated;
vi. Off-premises;
vii. Pole; 25
viii. Roof; and
ix. Vehicle.

22

Editor’s Note: Setback is derived from Sec. 25-500.10 of the existing ordinance. Required landscaping and
buffers are included in Article 8.
23
Editor’s Note: New provision. Taken from a recommendation in the Route 220-North Corridor Plan.
24
Editor’s Note: Partially taken from Sec. 25-500.9 of the existing ordinance; electronic signs has been added, as
they have similar effects as internally-illuminated signs.
25
Editor’s Note: Pole sign was added per 7/16/25 worksession.

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DIVISION 5-5. 220-NORTH RURAL DEVELOPMENT OVERLAY
DISTRICT (220-NRD).
Section 5-5-1. Applicability. 26
A. The 220-NRD Overlay District shall apply to the area on each side of U.S. Route 220, extending
one-half (½) mile as measured perpendicular to the centerline of U.S. Route 220. This Overlay
extends from the southern corporate boundary of the Town of Boones Mill to the intersection of
U.S. Route 220 and Brick Church Road. The official boundaries of the 220-NRD are shown on the
Official Zoning Map.

Section 5-5-2. Permitted Uses. 27
A. Uses which are permitted by-right and by Special Use Permit in the underlying primary districts
shall be permitted in the 220-NRD; see Article 6, Use Matrix of this Ordinance.
B. Notwithstanding Section 5-5-2 (A) of this Article, the following uses shall be prohibited 28 within
the 220-NRD:
(1) Adult Use;
(2) Car wash;
(3) Drive-through window;
(4) Firing range; outdoor;
(5) Race track;
(6) Solar Energy, Utility-Scale Ground-Mounted;
(7) Wind Energy Generating Facility; and
(8) Any use within the Industrial category of Article 6, Use Matrix of this Ordinance.

Section 5-5-3. Development and Design Standards.
A. In addition to the development standards specified in this Ordinance for underlying primary
zoning districts and Divisions 5-2 and 5-3 of this Article, the following standards shall apply in the
220-NRD:
(1) Setbacks. 29
a. The front setback for all structures adjacent to U.S. Route 220 shall be 100 ft.

26

Editor’s Note: This Section includes simplified language from Sec. 25-501.1 of the existing ordinance. The
revisions do not change the existing boundary of the overlay.
27
Editor’s Note: This Section is new to ensure the intent statement is met by not permitting intensive
nonresidential uses.
28
Editor’s Note: The uses included here, as prohibited uses, were chosen as they are likely to have the greatest
negative impacts.
29
Editor’s Note: Setback provisions are new.

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(2) Signs. All signs shall comply with the standards of Article 8, Community Design Standards, of
this Ordinance.
a. In addition to signs prohibited by Article 8, Community Design Standards, the following
sign types shall be prohibited in the 220-NRD:
i.

Billboard;

ii. Changeable animated display;
iii. Feather;
iv. Flashing;
v. Off-premises;
vi. Pole; 30
vii. Roof; and
viii. Vehicle.

DIVISION 5-6. 220-NORTH MIXED-USE OVERLAY DISTRICT (220NMU).
Section 5-6-1. Applicability. 31
The 220-NMU Overlay District shall apply to the area on each side of U.S. Route 220, extending onehalf (½) mile as measured perpendicular to the centerline of U.S. Route 220. This Overlay extends
from the intersection of U.S. Route 220 and Brick Church Road to the northern corporate boundary of
the Town of Rocky Mount. The official boundaries of the 220-North Mixed-Use Overlay District are
shown on the Official Zoning Map.

Section 5-6-2. Permitted Uses. 32
A. Uses which are permitted by-right and by Special Use Permit in the underlying primary districts
shall be permitted in the 220-NMU; see Article 6, Use Matrix, of this Ordinance.
B. Notwithstanding Section 5-6-2 (A), of this Article the following uses shall be prohibited 33 within
the 220-NMU:
(1) Adult Use;
(2) Firing range, outdoor; 34
30

Editor’s Note: Pole sign was added per 7/16/25 worksession.
Editor’s Note: This Section includes simplified language from Sec. 25-502.1 of the existing ordinance. The
revisions do not change the existing boundary of the overlay.
32
Editor’s Note: This Section is new to ensure the intent statement is met by not permitting intensive
nonresidential uses.
33
Editor’s Note: The uses included here, as prohibited uses, were chosen as they are likely to have the greatest
negative impacts.
34
Editor’s Note: Indoor firing range was removed from this list per direction given at the July 16, 2025
worksession.
31

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(3) Race track;
(4) Solar Energy, Utility-Scale Ground-Mounted; and
(5) Wind Energy Generating Facility.

Section 5-6-3. Development and Design Standards.
A. In addition to the development standards specified in this Ordinance for underlying primary
districts and Division 5-3 of this Article, the following standards shall apply in the 220-NMU:
(1) Setbacks. 35
a. The front setback for all structures adjacent to U.S. Route 220 shall be 50 ft.
(2) Signs. All signs shall comply with the standards of Article 8, Community Design Standards, of
this Ordinance.
a. In addition to signs prohibited by Article 8, Community Design Standards, of this
Ordinance the following sign types shall be prohibited in the 220-NMU:
i.

Billboard;

ii. Feather;
iii. Off-premises; and
iv. Pole signs.
(3) Building Design, Façade, and Materials. 36
a. To avoid long and monotonous wall surfaces, all uninterrupted lengths of façade visible
from the right-of-way may not exceed 100 ft. in length.
i.

Any uninterrupted façade visible from the right-of-way and more than 100 ft. in
length must incorporate architectural elements and changes in relief such as wall
plane projections and recesses.

b. All facades visible from the right-of-way shall be well articulated through the use of
architectural elements such as, but not limited to:
i.

Building belt course;

ii. Parapet walls;
iii. Shutters or sills;
iv. Fascia, soffits, eaves, and trim;
v. Porch columns and supports; or

35

Editor’s Note: Setback is derived from Sec. 25-502.8 of the existing ordinance. Required landscaping and
buffers are included in Article 8.
36
Editor’s Note: New provisions.

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vi. A combination of the above.
c. No building façade shall be constructed of unadorned cinder block, corrugated metal, or
sheet metal.
i.

Standing seam roofs or metal products used as trim material are permitted.

d. Flat roofs shall be screened by parapets at least three (3) ft. in height.

DIVISION 5-7. VILLAGE OVERLAY DISTRICT (VOD).37
Section 5-7-1. Applicability.
A. The following provisions shall apply generally to the establishment and regulation of all Village
Overlay Districts. The regulations of this Division are intended to permit the desired mix of uses
and densities envisioned by the Comprehensive Plan in areas that are targeted for growth and
new development in the Designated Growth Areas (DGA) as shown on the Future Land Use Map
in the County’s Comprehensive Plan. 38 VOD Districts are prohibited in the following areas of the
County:
(1) Agricultural Preservation District, A-1; and
(2) The 220-North Corridor DGA.
B. Character of Development. Village Overlay Districts should encourage development form and
character that is aesthetically pleasing and typically includes the following:
(1) Public spaces;
(2) Pedestrian orientation and infrastructure;
(3) Neighborhood friendly streets and paths;
(4) Interconnected streets and transportation networks;
(5) Appropriately scaled buildings and spaces;
(6) Relegated parking;
(7) Mixture of uses and use types; and
(8) Mixture of housing types and affordability.
C. Application.
(1) Village Overlay Districts shall be established by amendment to the Zoning Map, in accordance
with Article 3, Permits and Applications, of this Ordinance.

37

Editor’s Note: This is a new overlay district to replace the existing Westlake Village Center Overlay; as such,
includes new provisions as well as those carried over (revised) from the existing ordinance (including Westlake
Village Center Overlay).
38
Editor’s Note: Map reference updated since the comprehensive plan was recently adopted.

Article 5 – Overlay Zoning Districts l Page 5-11 of 19

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026

Section 5-7-2. Permitted Uses. 39
A. In addition to the uses which are permitted by-right and by Special Use Permit in the underlying
districts (see Article 6, Use Matrix, of this Ordinance) the following uses shall be permitted byright in the VOD:
(1) Day Care Center;
(2) Dwelling, accessory;
(3) Dwelling, attached, zero lot line;
(4) Dwelling, multi-unit;
(5) Dwelling, townhouse;
(6) Dwelling, two-unit;
(7) Personal services;
(8) Restaurant, general;
(9) Store, small; and
(10) Structure, mixed-use.

Section 5-7-3. Prohibited Uses. 40
A. Notwithstanding Section 5-7-2 (A) of this Article, the following uses shall be prohibited within the
VOD:
(1) Adult use;
(2) Agricultural, intensive;
(3) Battery storage facility;
(4) Cemetery, public;
(5) Firing range, indoor;
(6) Firing range, outdoor;
(7) Livestock market;
(8) Race track;
(9) Recreational vehicle storage facility;
(10) Slaughterhouse;
39

Editor’s Note: The uses included here were chosen to ensure future development is aligned with the intent of
this overlay district and the recommendations of the Franklin County Housing Assessment.
40
Editor’s Note: This Section replaced Sec. 25-493 and 25-494 of the existing ordinance. The changes reflect the
terminology that will be introduced in Article 6, Use Matrix. The uses included here were chosen to ensure
future development is aligned with the intent of this overlay district and the recommendations of the Franklin
County Housing Assessment.

Article 5 – Overlay Zoning Districts l Page 5-12 of 19

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026
(11) Utility service, major;
(12) Solar energy, medium-scale ground-mounted;
(13) Solar energy, utility-scale ground-mounted;
(14) Wind energy generating facility; and
(15) Any use within the Industrial category of Article 6, Use Matrix of this Ordinance.

Section 5-7-4. Uses Allowed by Special Use Permit.
A. In addition to the uses which are permitted by-right and by Special Use Permit in the underlying
districts (see Article 6, Use Matrix, of this Ordinance) the following uses shall be permitted only by
Special Use Permit in the VOD:
(1) Financial institution;
(2) Fuel center;
(3) Garden center; and
(4) Store, large.

Section 5-7-5. Village Overlay District Standards. 41
A. Development Requirements and Standards. In addition to the standards provided in Table 5-2 of
this Article, the following standards apply:
(1) Generally:
a. Areas between buildings used as service yards, storage of trash, or other utility purposes
should be designed to be compatible with adjoining buildings; and
b. Village Overlay developments are encouraged to be served by public water and sewer
utilities or private, centralized systems.
(2) Residential:
a. Residential units should vary by dwelling type in a logical and attractive manner to best fit
the site.
(3) Non-Residential:
a. Non-residential uses shall comprise a minimum of 30% of mixed-use structures.

41

Editor’s Note: Unless otherwise noted, the standards for the VOD are new. New provisions are intended to
implement the recommendations of the Franklin County Housing Assessment.

Article 5 – Overlay Zoning Districts l Page 5-13 of 19

Page 106 of 156

FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026

TABLE 5-2. VILLAGE OVERLAY ZONING DISTRICT STANDARDS
Standard
With public water AND
sewer
With public water OR
sewer
With NO public water
or sewer

VILLAGE OVERLAY DISTRICT 42
MINIMUM LOT AREA
Residential Uses
Non-Residential Uses
7,500 sq. ft.
14,520 sq. ft. (0.33 acre)

No minimum

35,000 sq. ft. (0.8 acre)
MINIMUM FRONTAGE
Residential Uses
50 ft.

All lots

Non-Residential Uses
150 ft.
MAXIMUM LOT COVERAGE

Lot coverage (total sq.
ft. of impervious
surfaces plus building
coverage)

80% of total lot area 43
MINIMUM SETBACKS1,2

Front— measured from front property line
Principal structure
30 ft.
Accessory structures
Behind the front building line
Side— measured from side property line
Principal structure
10 ft.
40 ft.
Accessory structures
5 ft.
Same as principal structure
Rear— measured from rear property line
Principal structure
30 ft.
40 ft.
Accessory structures
5 ft.
Same as principal structure
1
For properties contiguous to Smith Mountain Lake front property line shall be contiguous to the road.
2
In no case shall any structure be located on or below the 800-foot contour. Setbacks shall be measured from the
800-foot contour.
MAXIMUM STRUCTURE HEIGHT 44
Principal structure
35 ft.
40 ft.
45
Accessory structures
15 ft.
No taller than principal structure
SEPARATION REQUIREMENTS
Interior lot building
Five or more units shall be separated by 40 ft. between facing living areas and 20 ft.
separation for groups
between exterior walls or corners of buildings placed at right angles to one another.
Buildings of four or less units shall be separated by at least 20 ft. from other buildings of
of townhouses and
four or less units.
multi-units
All interior setbacks shall be increased 1 ft. for each additional foot of height over 35 ft.

42

Editor’s Note: Standards are based on Article 4 standards for R-2, RC-1, and B-1 Districts.
Editor’s Note: Max. lot coverage was changed from 60% to 80% per 7/16/25 worksession direction.
44
Editor’s Note: Accessory structure height is new.
45
Editor’s Note: Changed from 12 to 15 ft. per 7/16/25 worksession direction.
43

Article 5 – Overlay Zoning Districts l Page 5-14 of 19

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026
B. Design Requirements. All development within the Village Overlay District shall conform to the
following design standards:
(1) Utilities. All utilities shall be placed underground. 46
(2) Lighting. All lighting installed shall comply with the standards of Article 8, Community Design
Standards, of this Ordinance.
a. Lighting shall be coordinated and uniform within the VOD.
(3) Signs. 47 All signs shall comply with the standards of Article 8, Community Design Standards, of
this Ordinance.
a. In addition to signs prohibited by Article 8, Community Design Standards, the following
sign types shall be prohibited in the VOD:
i.

Billboard;

ii. Changeable animated display;
iii. Flashing;
iv. Off-premises;
v. Pole;
vi. Roof;
vii. Vehicle; and
viii. Window.
b. Sign materials and colors must complement the overall design of the building.
c. The base of signs placed at the primary access to the parcel must be landscaped in
accordance with Article 8, Community Design Standards, of this Ordinance.
(4) Streets. 48
a. Intent. Whether a development is a single building or multiple structures, to achieve the
goal of a highly connected village, new development should provide convenient
pedestrian and vehicular connections both within its boundaries and to adjacent parcels
without return to the main road.
b. Sidewalks and curb and gutter shall be installed, in accordance with Article 8, Community
Design Standards, of this Ordinance along the main travel route of the VOD.

46

Editor’s Note: Reworded from Sec. 25-495 of the existing ordinance.
Editor’s Note: To promote “village” development that promotes high-quality design and contributes to a
village aesthetic, several signs have been prohibited. Items b. and c. are new provisions. Window signage was
added to the prohibited list as requested at the July 16, 2025 worksession.
48
Editor’s Note: The streets standards were added (taken from Westlake Design Guidelines) as requested at the
July 16, 2025 worksession.
47

Article 5 – Overlay Zoning Districts l Page 5-15 of 19

Page 108 of 156

FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026
i.

Street trees shall be planted along the main travel route of the VOD, in accordance
with Article 8, Community Design Standards, of this Ordinance to create separation
between sidewalks and vehicular traffic.

c. Street trees shall be planted, in accordance with Article 8, Community Design Standards,
of this Ordinance along all streets in the VOD.
d. Sidewalks or multi-use paths shall be installed, in accordance with Article 8, Community
Design Standards, of this Ordinance along private streets and within private
developments to achieve connectivity between parcels in the VOD.
i.

Provide crosswalks at vehicular lanes.

e. Crosswalks shall be provided at every road crossing along the sidewalk or multi-use path.
i.
f.

Crosswalks shall be clearly marked and maintained in good condition.

Provide vehicular access between adjoining developments.

(5) Parking and Loading Areas. All parking and loading areas shall comply with the standards of
Article 8, Community Design Standards, of this Ordinance.
a. Parking areas shall be located to the side or rear of primary structures. 49
b. Shared parking is encouraged to reduce surface parking areas.
(6) Landscaping, Buffering, and Screening. All landscaping, buffering, and/or screening shall
comply with the standards of Article 8, Community Design Standards, of this Ordinance.
(7) Walls and Fences. Walls and fences 50 shall relate to the buildings and character of the VOD
and shall comply with the standards of Article 8, Community Design Standards, of this
Ordinance.
a. Chain link and barbed wire fencing is prohibited.
(8) Architectural Design Requirements. 51 All development within the VOD shall conform to the
following architectural standards:
a. Form and Massing.
i.

Structures shall generally be designed with a rectangular form and necessary building
floor area shall be accommodated through a primary structural block and subordinate
wings, rather than a single massive block of space and building elevation.

ii. The main entrance façade of buildings shall be oriented towards a public right-of-way.

49

Editor’s Note: (5) a. and b. were added (taken from Westlake Design Guidelines) as requested at the July 16,
2025 worksession.
50
Editor’s Note: Walls and fences were added (taken from Westlake Design Guidelines) as requested at the July
16, 2025 worksession.
51
Editor’s Note: New provisions to promote “village” development that promotes high-quality design, and
contributes to a village aesthetic and the corresponding DGAs’ unique character. For consistency for
development expectations throughout the County, these provisions reflect those found in the Mixed-Use
Overlay regulations in the Town of Rocky Mount’s Zoning Ordinance.

Article 5 – Overlay Zoning Districts l Page 5-16 of 19

Page 109 of 156

FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026
b. Façade Design. Façade design shall not be overly complicated or overly monotonous. The
following criteria shall be considered when developing appropriate façade designs in the
Village Overlay District 52:
i.

Entrances. Primary entrances to buildings shall be clearly identified. Primary
entrances shall be oriented towards the sidewalks and primary pedestrian paths.

ii. Variation. Large or multiple building projects shall use variation of detail, form, and
siting to provide visual interest and to prevent monotonous design and appearance.
When the prominent facades of a new commercial building are longer than 30 ft., there
shall be changes in relief such as wall plane projections and recesses.
c. Roof Design and Materials.
i.

Varying rooflines. Rooflines shall be varied to add architectural interest and avoid the
appearance of long, monotonous roofline expanses.

ii. Roof shapes. Hipped or side gabled roofs are highly encouraged for freestanding
structures.
(a). Flat roofs shall be screened by parapets at least three (3) ft. in height.
d. Building Materials.
i.

Brick or stone-faced foundations shall be used for all buildings.

ii. No building façade, or side facing the public right-of-way, shall be constructed of
unadorned cinder block, corrugated metal, sheet metal, or vinyl. 53
(a). Standing seam roofs or metal products used as trim material are permitted.
iii. Prefabricated metal buildings are not permitted.

Section 5-7-6. Access and Internal Circulation Standards. 54
A. The purpose and intent of this Section is to: 55
(1) Maximize the functional capacity and level of service of primary state highways;
(2) Minimize the number of access points to public rights-of-way;
(3) Promote connectivity and the ability to travel directly between sites; and
(4) Provide pedestrian circulation connections among residential, commercial, and recreational
areas.
B. General.
52

Editor’s Note: Changed from “mixed-use” to “village” per 7/16/25 worksession direction.
Editor’s Note: Vinyl siding added (taken from Westlake Design Guidelines) as requested at the July 16, 2025
worksession.
54
Editor’s Note: This section includes elements from the recommendations of the Franklin County Housing
Assessment.
55
Editor’s Note: New items.
53

Article 5 – Overlay Zoning Districts l Page 5-17 of 19

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026
(1) All new streets within the VOD shall be constructed to VDOT standards for acceptance into the
VDOT secondary system of state highways. 56
(2) Sites shall be designed to achieve direct and convenient pedestrian and vehicular circulation
between adjacent properties of existing and future development.
C. Traffic Impact Analysis. 57 A traffic impact analysis shall be submitted as part of Site Plan approval,
per Article 3, Permits and Applications, of this Ordinance. The traffic impact analysis shall be
prepared in accordance with the applicable VDOT standards for such an analysis.
D. Vehicular Access.
(1) All new entrances to public or private streets shall comply with all VDOT standards and
applicable VDOT entrance permit requirements. 58
(2) Any parcel or assembly of parcels having frontage along a primary state highway shall be
allowed only one direct access point, unless approved by VDOT. 59
a. If no additional access points to Route 122 and Route 40 are permitted by VDOT,
additional access may be provided via the following means:
i.

By provision of shared entrances, inter-parcel connections and travel routes, or onsite service drives connecting adjacent properties;

ii. By access from a secondary street; or
iii. By the internal streets of a development.
b. Entrances onto primary state highways shall be spaced a minimum 300 ft. from other
entrances, such distance measured from centerline to centerline of the entrance. 60
i.

Distances between entrances on all other streets shall be in accordance with VDOT
standards. 61

ii. Existing lots that cannot meet the 300 ft. spacing requirement between entrances
onto a primary state highway shall be allowed to have an entrance at a location that
maximizes the distance from other entrances at the discretion and approval of VDOT.
c. To reduce the number of entrances on any street, the use of shared entrances by
adjoining parcels is strongly encouraged. 62
E. Pedestrian Access. 63
56

Editor’s Note: New provision to require all roads within the VOD to be built to state standards and accepted
into the state system. The existing ordinance allows private streets within the existing Westlake Overlay, which
this new overlay is replacing.
57
Editor’s Note: Requirement for traffic impact analysis added per 7/16/25 worksession direction.
58
Editor’s Note: Taken from Sec. 25-502.12 of the existing ordinance.
59
Editor’s Note: Taken from Sec. 25-495 (c) (2) of the existing ordinance.
60
Editor’s Note: Taken from Sec. 25-495 of the existing ordinance.
61
Editor’s Note: New provision.
62
Editor’s Note: Taken from Sec. 25-495 of the existing ordinance.
63
Editor’s Note: New provisions to implement the recommendations of the Franklin County Housing
Assessment.

Article 5 – Overlay Zoning Districts l Page 5-18 of 19

Page 111 of 156

FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 5. OVERLAY ZONING DISTRICTS | MARCH 26, 2026
(1) Sidewalks. 64
a. Sidewalks shall be installed along any street to achieve connectivity to adjoining sites.
b. All sidewalks shall be a minimum of 5 ft. in width and otherwise ADA compliant with
applicable 2010 ADA Standards for Accessible Design, as amended, and any applicable
VDOT regulations. 65
c. All sidewalks shall be constructed of concrete.
(2) Drainage must be designed so as not to interfere with pedestrian traffic.
(3) Crosswalks shall be provided across access drives and internal travel routes.
(4) A pedestrian walking zone shall be placed parallel to the active building façade in a manner that
creates a buffer between parking areas and thoroughfares and the active building façade.

64

Editor’s Note: Sec. 25-495 of the existing ordinance requires sidewalk construction only adjacent to public
streets. Propose requiring sidewalks for all development to ensure connectivity.
65
Editor’s Note: The provision for ADA compliance is new.

Article 5 – Overlay Zoning Districts l Page 5-19 of 19

Page 112 of 156

FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 6 – USE MATRIX | MARCH 26, 2026

ARTICLE 6. USE MATRIX
DIVISION 6-1. USES PROVIDED
Section 6-1-1. Organization.
A. The Use Matrix organizes permitted uses by zoning district, use classification, and use types. The
Use Matrix; Article 7, Use Standards; and Article 10, Definitions, of this Ordinance, together
provide a systematic basis for identifying and organizing uses and distinguishing unidentified uses
to determine whether a particular use is allowable in a particular zoning district.
(1) Use classifications. Use classifications identify broad general classifications of land use and
include agricultural uses; residential uses; public, civic, and recreational uses; commercial
uses; industrial uses; and miscellaneous uses.
(2) Use types. The specific use types identify the specific principal uses that fall within each use
classification.

Section 6-1-2. Abbreviations in Use Matrix.
A. Permitted Uses. “P” in a Use Matrix cell indicates that the use type in that row is allowed by-right
in the zoning district at the head of that column, subject to any Use Standards of Article 7 of this
Ordinance.
B. Special Uses. “SUP” in a Use Matrix cell indicates that the use type in that row is allowed in the
zoning district at the head of that column only upon approval of a Special Use Permit, in
accordance with Article 3, Permits and Applications, and subject to any Use Standards of Article 7
of this Ordinance.
C. Prohibited Uses. Blank cells in the Use Matrix indicate that the use type in that row is prohibited
in the zoning district at the head of that column.

DIVISION 6-2. USES NOT PROVIDED
Section 6-2-1. Uses Not Provided.
A. The Administrator will determine whether an unlisted use is part of an existing use category or
use type as defined in Article 10, Definitions, of this Ordinance. Upon determining the most
similar use type, the Administrator will treat the proposed use the same as the most similar use.
B. If the Administrator determines that the proposed use is not similar to any listed use type, that
use is prohibited.

DIVISION 6-3. USE MATRIX.
Section 6-3-1. Table 6-1. Use Matrix.

Article 6 – Use Matrix l Page 6-1 of 1

Page 113 of 156

DRAFT ARTICLE 6 – USE MATRIX | MARCH 26, 2026

Uses

A-1

A-2

RE

R-1

Agricultural

Agricultural

Residential

Low Density

Preservation

Residential

Estates

Residential

R-2
Medium
Density
Residential

RC-1

RMF

Mixed

Residential

Residential

Multi-unit

P = Permitted

RPD
Residential
Planned Unit
Development

B-1

B-2

M-1

M-2

Limited

General

Industrial,

Industrial,

Business

Business

Limited

General

PCD

REP

Planned

Regional

Commercial

Enterprise

Development

Park

Use
Standards

SUP = Special Use Permit

AGRICULTURAL
Agriculture, Residential

P

P

Agriculture/Silviculture

P

P

Agricultural, intensive

SUP

Agritourism

P

P

Conservation and preservation

P

P

Equestrian Facility, Commercial

P

Equestrian Facility, Private

P

P

Farm Brewery/Distillery/Winery

P

P

Farm Stand

P

P

Livestock market

SUP

P

SUP

P

7-2-7

P

7-2-8

Slaughterhouse
Temporary Timber Processing

1

Footnotes for Agricultural Section

P

P

P

7-2-3
SUP
P

7-2-1
7-2-2
7-2-4

P

7-2-5

P

7-2-6
P

P

P

P

P

1. Added by-right to A-2, M-1, and M-2 per County comments 1-19-26.

RESIDENTIAL
Bed and Breakfast
Construction Residence/Office,
Temporary
Dwelling, Accessory

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Dwelling, Attached, zero lot line

P

Dwelling, Manufactured Attached
Dwelling, Manufactured Detached

P

P

P

P
P

Dwelling, Two-Unit

P

P

P

P

P

P

Dwelling, Townhouse

7-3-13

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Family Day Home (5-12 Children)

P

P

P

P

P

SUP

SUP

SUP

P

P

P

P

P

P

P

Group home1

P

P

P

P

P

P

P

Home Occupation, Class A

P

P

P

P

P

P

P

P

SUP

SUP

P

P

SUP

Home Occupation, Class C

3

Life Care Facility

P

P

7-3-6

7-3-7

P

7-3-8

SUP

SUP

7-3-9

SUP

SUP

SUP

7-3-10

SUP

P

P

P

SUP

P
7-3-11

P

Shelter, Residential
Short-Term Rental

7-3-5

P

Manufactured Home Park
2

P

P

P

Home Occupation, Class B

7-3-4
7-3-3

P

Temporary

7-3-2

P

Family Day Home (1-4 Children)
Family Health Care Structure,

7-3-1

P

Dwelling, Multi-Unit
Dwelling, Single-Unit

P

P

P

P

P

P

P
P

7-3-12

2 of 6

Page 114 of 156

DRAFT ARTICLE 6 – USE MATRIX | MARCH 26, 2026

Uses

A-1

A-2

RE

R-1

Agricultural

Agricultural

Residential

Low Density

Preservation

Residential

Estates

Residential

R-2

RC-1

RMF

Mixed

Residential

Residential

Multi-unit

Medium
Density
Residential

P = Permitted

RPD
Residential
Planned Unit
Development

B-1

B-2

M-1

M-2

Limited

General

Industrial,

Industrial,

Business

Business

Limited

General

P

P

PCD

REP

Planned

Regional

Commercial

Enterprise

Development

Park

Use
Standards

SUP = Special Use Permit

1. The County requested to change Group Home to SUP in A-1, A-2, per County comments 12/23/25. This is illegal per Code of VA, so was not done.
Footnotes for Residential Section

2. Changed to: STRs Allow by right in the A-1, A-2, RC-1, RPD, and PCD per County comments 12/23/25.
3. Added SUP allowance in RE, R-2, RC-1, and RPD per County comments 1/19/26.

PUBLIC, CIVIC, RECREATIONAL
SUP

SUP

P

P

Campground

SUP

SUP

SUP

SUP

Campground, Primitive

P

Shelter, Animal

4

Cemetery, Public
Club/Community Center

5

7-4-2

P

P

P

P

P

P

Cultural Center
Educational Facility, College,

P

P

P

P

P

P

P

P

P

Public Use2

SUP

SUP

Recreation Facility, Noncommercial

P

Religious Assembly

University, Business or Trade1
Education Facility, Primary or
Secondary
Emergency Management Services
Facility

Shelter, Animal
Telecommunications Facility

3

Telecommunications Facility, Small
Cell
Utility Service, Major
Utility Service, Minor

7-4-1

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

SUP

SUP

SUP

SUP

P

P

P

P

7-4-4

P

P

P

P

P

P

P

P

P

7-4-5

SUP

SUP

SUP

SUP

SUP

SUP

SUP

SUP

SUP

7-4-6

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

7-4-3

1. RC, RMF, B-1 added as by-right use per County comments 12/23/2025.
Footnotes for the Public, Civic,
Recreational Section

2. Changed P to SUP for A-1 & A-2 per County comments 12/23/25.
3. Changed Telecommunition Facility to Allowed by right in M-1, M-2, PCD and REP; SUP A-1, A-2, B-1, and B-2, per County comments 12/23/25.
4. Added SUP to A-1 & A-2 per County comments 12/23/25.
5. Added "community center" to the name per County comments 12/23/25.

COMMERCIAL

Adult Use

P

Automobile Sales and Rental

P

P

P

P

P

SUP

P

P

P

P

P

P

P

P

P

P

P

P

7-5-3

7-5-4

Brewery, Distillery, or Winery

P

P

Brewery, Distillery, or Winery, Micro-

P

P

Business Support Services
Car Wash
Commercial Laundry
Construction Material Sales
Crematory

P

16

19

Day Care Center

1

Drive-Through Window

P

P

P

P

P

7-5-1
7-5-2

P

P

P

P

P

P

P

P

P

P

P

P

P

SUP

SUP
7-5-5

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DRAFT ARTICLE 6 – USE MATRIX | MARCH 26, 2026

Uses

A-1

A-2

RE

R-1

Agricultural

Agricultural

Residential

Low Density

Preservation

Residential

Estates

Residential

R-2
Medium
Density
Residential

RC-1

RMF

Mixed

Residential

Residential

Multi-unit

P = Permitted

RPD
Residential
Planned Unit
Development

2

Financial Institution

B-2

M-1

M-2

Limited

General

Industrial,

Industrial,

Business

Business

Limited

General

P

P

P

P

P

P
P

12

Fuel center

Funeral Home

P

Garden Center

P

SUP

Motor Vehicle Service, Major

P

P

P

P

P

P

P

P

P

P

P

P

P

7-5-7

P
P

P

P
P

P

7-5-8
P

P

P

P

P

P

P

P

P

7-5-9
P
P

P

7-5-10

P

P

P

7-5-2

SUP

P

P

P

7-5-2

P

P

Parking Facility, Commercial
5

P

P

SUP

P

P

P

P

P

P

P

P

P

7-5-11

SUP

SUP

P

P

P

P

7-5-12

P

P

P

P

P

9

SUP

Recreational Vehicle Storage Facility 15

P

Recreation/Entertainment,
Commercial Indoor
Recreation/Entertainment,

SUP

Commercial Outdoor 8
Restaurant, General

P

SUP

SUP

4

Racetrack, commercial

P

7-5-6

11

Outdoor Sales, Seasonal/Temporary
Personal Services

P

P

3

Office, Medical/Clinic

Use
Standards

10

Motor Vehicle Service, Minor
Office, General

P

P

Manufactured Homes Sales
Mobile Food Vendor

Park

P

P

Kitchen, Commercial
Marina

Development

P

P

14

Regional
Enterprise

P

P

Hotel
Kennel, Commercial

REP

Commercial

P

Hospital
13

PCD
Planned

SUP = Special Use Permit

SUP

Event Venue

B-1

6

P

P

SUP

P

SUP

P

SUP

P

P

P

P

P

P

P

P

P

P

SUP

P

P

P

P

P

P

7-5-13

7-5-14
SUP

P

Retail Marijuana Store

7-5-15

Smoke Shop/Vape Shop, Off-Site Use

P

P

P

7-5-16

Smoke/Vape Shop, On-Site Use

P

P

P

7-5-16

P

P

P

P

P

P

P

P

P

P

P

P

P

Store, Large

17

Store, Small

7

SUP

SUP

SUP

SUP

Tradesperson Service
Veterinary Hospital/Clinic

18

P

P

SUP
7-5-17

4 of 6

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DRAFT ARTICLE 6 – USE MATRIX | MARCH 26, 2026

Uses

A-1

A-2

RE

R-1

Agricultural

Agricultural

Residential

Low Density

Preservation

Residential

Estates

Residential

R-2
Medium
Density
Residential

RC-1

RMF

Mixed

Residential

Residential

Multi-unit

P = Permitted

RPD
Residential
Planned Unit
Development

B-1

B-2

M-1

M-2

Limited

General

Industrial,

Industrial,

Business

Business

Limited

General

PCD

REP

Planned

Regional

Commercial

Enterprise

Development

Park

Use
Standards

SUP = Special Use Permit

1. Day care center SUP in the REP district added per request of the Economic Development Director 10/31/25.
2. Financial institution SUP in the REP district added per request of the Economic Development Director 10/31/25.
3. Office, General office SUP in the REP district added per request of the Economic Development Director 10/31/25.
4. Office, Medical/Clinic SUP in the REP district added per request of the Economic Development Director 10/31/25. Removed SUP from A-1 & A-2 per County comments 12/23/25.
5. Personal services SUP in the REP district added per request of the Economic Development Director 10/31/25.
6. Restaurant SUP in the REP district added per request of the Economic Development Director 10/31/25.
7. Store, small: SUP in the REP district added per request of the Economic Development Director 10/31/25. Added to B-1 by-right and A-1, A-2 by SUP per County comments 1/19/26.
8. Changed to: by right B-2, M-1, and PCD; SUP in A-2 and B-1 per County comments 12/23/25.
9. Changed to by right in B-2 & M-2 per County comments 12/23/25.
Footnotes for the Commercial section. 10. Changed name "Automobile" Service, Major to "Automobile/Vehicle" and changed to Allowed by right in B-2, M-1, and M-2; SUP in A-1, per County Comments 12/23/25.
11. Changed name "Automobile" Service, Major to "Automobile/Vehicle" and changed to Allowed by right in B-2, M-1, and M-2; SUP in A-1, per County Comments 12/23/25.
12. Removed SUP from A-1 & A-2 per County comments 12/23/25.
13. Added P to PCD per County comments 12/23/25.
14. Added P to RPD per County comments 12/23/25.
15. Recreational Vehicle Storage Facility: Allowed by right B-1, B-2, M-1, M-2, RPD, and PCD; SUP in A-2
16. Removed SUP from A-1 per County comments 12/23/25.
17. Added by-right in B-1 and M-1 per County comments 1/19/26.
18. Added SUP in A-1 and A-2 per County comments 1/19/26.
19. Removed from A-1 and A-2 per County comments 1/19/26.

INDUSTRIAL
Battery Energy Storage Facility

2

SUP

SUP
SUP

Construction Yard

SUP

SUP

P

P
SUP

Data center
Equipment Sales, Service, and Repair
(Heavy)3

SUP

SUP

P

P

P

Junkyard/Salvage Yard

SUP

Laboratory, Research, and
Development
Landfill4

P

P

SUP

SUP

P

Manufacturing, Small-Scale

P

Resource extraction

P

P

P

P

P
SUP

P

P
SUP

7-6-5

P
SUP

P

Self-Storage Facility

P

P

SUP

Recycling Facility

7-6-4

SUP

1

7-6-2
7-6-3

P

Manufacturing, Heavy
Manufacturing, Light

SUP

P

Distribution

Power Station/Plant

7-6-1

P
SUP

Truck/Freight Terminal
Truck Stop

P

P

Warehousing and Distribution

P

P

7-6-6
SUP
7-6-7
SUP

1.Changed Power Station/Plant to SUP as requested by the Economic Development Director 10/31/25.
Footnotes for Industrial Section

2. Added SUP to A-1 & A-2 per request by the Planning Commission after their Oct. 2025 worksession.
3. Changed Equipment Sales, Service, and Repair (Heavy) to Allowed by right in B-2, M-1, and M-2; SUP A-1, per County comments 12/23/25.
4. By-right removed from A-1 per County comments 1/19/26.

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DRAFT ARTICLE 6 – USE MATRIX | MARCH 26, 2026

Uses

A-1

A-2

RE

R-1

Agricultural

Agricultural

Residential

Low Density

Preservation

Residential

Estates

Residential

R-2
Medium
Density
Residential

RC-1

RMF

Mixed

Residential

Residential

Multi-unit

P = Permitted

RPD
Residential
Planned Unit
Development

B-1

B-2

M-1

M-2

Limited

General

Industrial,

Industrial,

Business

Business

Limited

General

P

P

P

SUP

SUP

PCD

REP

Planned

Regional

Commercial

Enterprise

Development

Park

Use
Standards

SUP = Special Use Permit

MISCELLANEOUS
Accessory Structure

4

Air Navigation Facility

P

P

P

P

P

P

P

P

P

5

P

Construction Temporary Uses

P

P

P

P

P

P

P

Firing Range, Indoor

Firing Range, Outdoor

P

Solar Energy, Medium-Scale, Ground2
3

Solar Energy, Structure-Mounted
Solar Energy, Utility-Scale GroundMounted

1

P

P

P

P

7-7-3

P

P

P

P

P

P

7-7-4

SUP

SUP

P

P

P

7-7-5

P

P

SUP

SUP

P

P

SUP

SUP

P

P

P

P

P

P

P

P

P

P

Structure, Mixed-Use

SUP

Temporary Event
Transportation Services

7-7-2

P

6

Solar Energy, Accessory
Mounted

SUP

SUP

9

Garage, Principal
Outdoor Storage

7-7-1

P

Electric Vehicle Charging Station
8

P

P

P

P

SUP

7

Wind Energy Generating Facility,
Accessory

P

P

Wind Energy Generating Facility
Yard or Garage Sale

P

P

P

P

P

P

P

P

P

P

P

P

P

SUP

7-7-6

P

P

P

P

P

P

7-7-7

P

P

P

P

SUP

SUP

P

P

P

P

P

P

P

P

SUP

7-7-9
P

P

7-7-10
7-7-8

P

7-7-11

SUP

P

7-7-12

P

P

SUP

P

P

7-7-13

SUP

SUP

7-7-14
P

P

7-7-15

1. Added SUP to A-1 & A-2 per request by the Planning Commission after their Oct. 2025 worksession.
2. Added SUP to A-1 & A-2 per request by the Planning Commission after their Oct. 2025 worksession.
3. Changed from SUP to P in R-1, R-2, and RC-1 per request by the Planning Commission after their Oct. 2025 worksession.
4. Accessory Structure removed from REP as requested by Director of Economic Development 10/31/25.
Footnotes for Miscellaneous Section

5. Air navigation facility changed to P in the REP as requested by Director of Economic Development 10/31/25.
6. Outdoor storage SUP added to REP as requested by Director of Economic Development 10/31/25.
7. Transportation services P added to REP as requested by Director of Economic Development 10/31/25.
8. Removed SUP allowance from A-1 and added to B-1 per County comments 1/19/26.
9. Removed SUP allowance from A-1 and added to A-2 per County comments 1/19/26.

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 7 – USE STANDARDS |MARCH 26, 2026

ARTICLE 7. USE STANDARDS 1
DIVISION 7-1. GENERAL
Section 7-1-1. Purpose and Intent.
The following additional regulations apply to specific uses as set forth below. These regulations are
intended to serve as the minimum standards for these uses and are not intended to exclude other
provisions of this Ordinance that may apply. The standards set forth in this Article for a specific use
apply to the particular individual use, regardless of the review procedure by which it is approved,
unless otherwise specified in this Ordinance.

Section 7-1-2. Compliance with Other Regulations.
A. Each use provided in this Article may also require permits and approvals, including:
(1) Zoning Permit;
(2) Special Use Permit (SUP);
(3) Site Plan Approval;
(4) Other Franklin County required permits, such as an Erosion and Sediment Control Permit or
Change of Use; and/or
(5) State or federal agency permits, such as a Virginia Department of Transportation (VDOT)
Commercial Entrance Permit.
B. All uses shall comply with Chapter 12, Article III, Noise, of the Franklin County Code.
C. Applicants should consult with Franklin County staff during the application process to ensure all
permits and requirements are met.

DIVISION 7-2. AGRICULTURAL USE STANDARDS
Section 7-2-1. Agriculture/Silviculture.
A. Lot Size. Minimum Lot Size shall be five (5) acres.
B. Setbacks. Farm buildings intended to shelter animals shall be located a minimum of 200 ft. from
the property line of adjoining properties.

Section 7-2-2. Agriculture, Intensive. 2
A. Setbacks. All agricultural, intensives uses shall be located:

1

Editor’s Note: Unless otherwise noted, the use standards provided in this Article are new/introduced. Where
standards have been retained and/or revised from the existing Ordinance, footnotes are provided.
2
Editor’s Note: The standards provided are materially the same as those provided in Sec. 25-146 of the existing
Ordinance. However, they now apply to all intensive livestock operations and not just poultry. The existing
ordinance permits this use in M-2, which is shown in Article 6, Use Matrix.

Article 7 – General l Page 7-1 of 101

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 7 – USE STANDARDS |MARCH 26, 2026
(1) A minimum of 300 ft. from any existing dwelling unit in an A-1, Agricultural Preservation, or A2, Agricultural Residential zoning district.
(2) A minimum of 1,000 ft. from any residential zoning district.
(3) A minimum of 250 ft. from all property lines. 3
(4) A minimum of 1,000 ft. from the following: 4
a. Boundaries of any parcel containing an educational facility, or County owned building;
b. Boundaries of any public well or public spring;
c. Boundaries of any public water and/or sewer service areas;
d. Boundaries of any creek, river, stream, or other waterway;
e. Boundaries of the shoreline of Smith Mountain Lake.
(5) Lagoons and Land Application of Manure. Any land application of manure, wastewater, or
nutrient of any nature from a lagoon type treatment facility shall comply with setback
requirements in Section 62.1- 44.17.1 of the State Water Control Law, 1994 and the General
Permit Regulation VR 680-14-01, regulatory citation 9 VAC 25-192.
B. Permits and Plans. 5
(1) Site Development Plans. Prior to issuance of a building permit, all intensive agriculture uses
shall submit a Site Development Plan in accordance with Article 3, Permits and Applications,
of this Ordinance.
(2) Nutrient Management Plans. All intensive agriculture uses shall submit an approved Nutrient
Management Plan and any required federal and state permits prior to the issuance of any
building or Zoning Permits for the use.
a. After the effective date of this Ordinance, no intensive agriculture facility shall commence
operation until a Nutrient Management Plan has been reviewed and approved by the
Virginia Department of Conservation and Recreation or by the Virginia Cooperative
Extension Service or by a person certified or employed by the Commonwealth as a
nutrient management planner.
b. If off-site disposal is part of the Nutrient Management Plan, the operator shall provide, as
part of that Nutrient Management Plan, written documentation of an agreement with the
receiver of the wastes produced at the operator's facility or a notarized affidavit, that
states the operator’s intention to dispose of the waste through sale in retail
establishments or otherwise marketing to consumers.

3

Editor’s Note: Setback simplified to 250 ft. from all property lines. The existing Ordinance provided two front
setbacks: 250 ft. from edge of right-of-way and 275 ft. from centerline of road.
4
Editor’s Note: Religious assembly use was removed from the 1,000 ft. setback, therefore it will be included in
the 250 ft. setback.
5
Editor’s Note: B. is new content for the County to consider.

Article 7 – General l Page 7-2 of 101

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 7 – USE STANDARDS |MARCH 26, 2026
i.

Documentation shall specify the duration of the agreement and the nature of the
application or use of the wastes.

ii. A Nutrient Management Plan containing such an agreement shall be valid only as
long as the agreement remains in force and shall be reviewed whenever such an
agreement expires or is terminated by either party.
iii. The operator shall notify the Administrator whenever such an agreement is
terminated before its stated expiration date within 15 days of such termination.
c. The facility shall also provide for a site, with or without a permanent structure, for the
storage of animal waste if required by the Commonwealth of Virginia and meet all
applicable standards.
i.

Notwithstanding the above, if an operator is unable to locate a storage site on the
same parcel of land because of insufficient acreage or topographical hardship, then
the Administrator, after consultation with the operator's engineer, may permit the
storage site to be located on adjacent land owned by the operator; or, if there is a
valid agreement for off-site disposal as provided in this Section, the Administrator
may permit the storage site be located on a parcel specified in the agreement for offsite disposal.

d. The Nutrient Management Plan shall be reviewed and updated every 5 years by an agent
of the Virginia Department of Conservation and Recreation, the Virginia Cooperative
Extension Service, or by a person certified or employed by the Commonwealth as a
nutrient management planner.
(3) Certified Plat. The owner or operator of an intensive agriculture use constructed or
completed after the effective date of this Ordinance shall file with the Administrator a
certified plat, which shall include the following:
a. The entire parcels on which the intensive agriculture facility is located; and
b. The location of the intensive agriculture facility within the parcel or parcels.
c. The owner or operator shall also include a written statement, sworn to and subscribed
before a notary public, certifying to the Administrator that the intensive agriculture
facility shown on the plat meets all applicable setback requirements of this Ordinance.
C. Disposal of Dead Animals. 6
(1) The owner or operator, or any employee of an intensive agriculture use, shall only dispose of
dead animals by the following methods:
a. An on-site composting facility;
b. An off-site rendering facility;
c. An on-site incineration facility; or
d. Disposal in an approved Subtitle D landfill.
6

Editor’s Note: C. is new content for the County to consider.

Article 7 – General l Page 7-3 of 101

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 7 – USE STANDARDS |MARCH 26, 2026
e. Open pit disposal is expressly prohibited.
f.

No owner or operator, or any employee of an intensive agriculture use, shall dispose of
dead animals in a public or private road, or knowingly leave a dead animal unburied upon
the property.

Section 7-2-3. Agriculture, Residential.
A. Applicability.
(1) The practice of maintaining, raising, and/or breeding bee colonies, and the keeping and raising
of chickens as residential agriculture uses, as permitted in Article 6, Use Matrix, of this
Ordinance, shall comply with B and C of this Section.
B. Chickens.
(1) Lot Area. Minimum lot area of one half (1/2) acre up to 4.9 acres.
(2) Setbacks.
a. All enclosures, runs, and coops shall be located a minimum of 10 ft. from any property
line and a minimum of 30 ft. from any dwelling on a separate parcel.
(3) General Standards.
a. A maximum of six (6) hens per acre is permitted.
b. The keeping of chickens shall comply with all relevant state and federal laws.
c. The keeping of roosters shall be prohibited in residential districts.
d. Chickens shall be kept only for non-commercial domestic purposes. The selling of eggs
and the harvesting of chickens for commercial purposes is prohibited.
e. All feed for the keeping of chickens shall be kept in an indoor, secure container to prevent
the attraction of rodents and other animals.
f.

Enclosures, runs, or coops shall be located behind the front building line, as depicted in
Article 4, Primary Zoning Districts, Figure 4-3.
i.

The Administrator may grant an exception to this requirement in cases where due to
unusual lot configuration, topography, or proximity of neighbors, another area of the
yard is more suitable for such an activity.

g. Chickens shall be kept in a covered enclosure or within a fenced area.
h. All coops shall provide at least 3 sq. ft. of area per chicken and all runs shall provide at
least 10 sq. ft. per chicken.
C. Bees.
(1) Lot Area.

Article 7 – General l Page 7-4 of 101

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 7 – USE STANDARDS |MARCH 26, 2026
a. Two (2) or more bee hives permitted with a minimum one half (1/2) acre (21,780 sq. ft.)
of lot area. 7
b. A maximum of four (4) hives per acre is permitted on lots one (1) acre to 4.9 acres in size.
(2) Setbacks.
a. Located a minimum of 10 ft. from any property line and at least 30 ft. from any dwelling
on a separate parcel.
(3) General Standards. 8
a. Hives shall be located behind the front building line as depicted in Article 4, Primary
Zoning Districts, Figure 4-3, of this Ordinance.
b. A constant supply of fresh water shall be provided on the lot within 50 ft. of all hives.
c. A flyway barrier of at least 6 ft. in height shall shield any part of a property line that is
within 25 ft. of a hive.
i.

Flyway barriers shall consist of dense vegetation, a wall, or solid fence. Any wall or
fence shall comply with Article 8, Community Design Standards, of this Ordinance.

d. Any sale of bees on combs or hives, used beekeeping equipment, or appliances shall have
a certificate of health as required by the Code of Virginia § 3.2-4407.
e. A minor sign, in accordance with Article 8, Community Design Standards, shall be
provided and located for public warning of the presence of beehives.
f.

Beekeepers shall abide by the Beekeeping Best Management Practices provided by
Virginia Department of Agriculture and 2VAC5-319-30.

Section 7-2-4. Agritourism.
A. Applicability.
(1) This section applies to agritourism, as defined in this Ordinance, and Pursuant to the Code of
Virginia §15.2-2288.6, and does not apply to the agricultural operation itself.
(2) Agritourism, as permitted in Article 6, Use Matrix, of this Ordinance, shall comply with this
Section.
(3) Any agriculture operation event may be held only if the bona fide agricultural operation to
which it is subordinate has:
a. A minimum of five (5) acres of land in active agricultural production on-site, or on any
abutting lot under the same ownership.
b. At least one growing season per calendar year.

7

Editor’s Note: Section 7-2-3 C. (1) changed from 3 to 2 bee hives and 1/3-acre lot area requirement was
removed per County comments received 1/16/26.
8
Editor’s Note: The requirement for European Honeybees was removed as requested by staff due to
unenforceability 10/31/20.

Article 7 – General l Page 7-5 of 101

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 7 – USE STANDARDS |MARCH 26, 2026
B. Trip Generation. 9 The event or activity shall generate no more than 200 visitor vehicle trips per
day and each event or activity shall have 300 or fewer attendees at any single time.
(1) An agritourism use anticipating higher trip generation may be considered through a SUP in
accordance with Article 3, Permits and Applications, of this Ordinance.
C. Structures. Any structure intended for occupancy by members of the public shall:
(1) Provide emergency vehicle access and fire and safety measures to the extent permissible
under the Virginia Administrative Code 13VAC5-63-20 and Virginia Administrative Code
13VAC5-63-200; and
(2) Shall have portable fire extinguishers, an emergency plan, and a sign posted conspicuously
stating exemption from USBC, as required by Code of Virginia § 36-99
D. Sanitary Facilities. Sanitary facilities used in conjunction with an agritourism event shall be
provided in accordance with Virginia Department of Health (VDH) standards set forth in the
Virginia Administrative Code 12VAC5-610-980.
E. Food and Beverage Items. All food and beverage items available for sale shall be prepared in
accordance with applicable federal, state, and local regulations.
F. Parking.
(1) Adequate parking shall be provided on the same parcel as the agritourism operation in
accordance with Article 8, Community Design Standards, Division 8-7.
a. Parking on public rights-of-way is prohibited.
b. Dust and mud shall be prevented from leaving the site to the extent possible.
(2) Parking areas shall be maintained in good condition and free from rill or gully erosion.
G. Access. All agritourism uses shall have a minimum of one access point in accordance with VDOT
standards for commercial entrances.
H. Special Events; Event Venues. An agritourism use may have a special event and/or an event venue
as an accessory use, subject to the above regulations and those provided in Section 7-5-6 of this
Article.

Section 7-2-5. Equestrian Facility, Commercial.
A. Lot Area. Minimum of 20 acres plus one half (1/2) acre per horse, whether boarded or
temporarily on-premises for activities, events, or any other purpose.
B. Trip Generation. The event or activity shall generate a maximum of 250 vehicle trips per day and
each event or activity shall have a maximum of 500 attendees at any single time.
C. Setbacks. Any structures, pens, or areas for the keeping of animals or animal waste storage shall
be located:
(1) A minimum of 75 ft. from any lot line; and

9

Editor’s Note: Changed number of attendees from 150 to 300 per County comments received 1/16/2026.

Article 7 – General l Page 7-6 of 101

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FRANKLIN COUNTY ZONING ORDINANCE UPDATE
DRAFT ARTICLE 7 – USE STANDARDS |MARCH 26, 2026
(2) A minimum of 100 ft. from any highway or other right-of-way.
D. Structures. Any structure intended for occupancy by members of the public shall provide
emergency vehicle access and fire and safety measures to the extent permissible under the
Virginia Administrative Code 13VAC5-63-20 and Virginia Administrative Code 13VAC5-63-200.
E. Sanitary Facilities. Sanitary facilities shall be provided in accordance with VDH standards set forth
in the Virginia Administrative Code 12VAC5-610-980.
F. Access. A minimum of one access point shall be provided in accordance with VDOT standards for
commercial entrances.
G. General Standards.
(1) Riding surfaces shall be maintained with a substance to minimize dust and erosion.
(2) Fencing and other means of animal confinement shall be maintained at all times.
(3) Pens, stalls, and grazing areas shall be maintained in a sanitary manner.

Section 7-2-6. Equestrian Facility, Private.
A. Lot Area. Minimum of one (1) acre per horse.
B. Setbacks. Any buildings, barns, pens, and areas for the keeping of animals or animal waste storage
shall be located:
(1) A minimum of 75 ft. from any lot line; and
(2) A minimum of 100 ft. from any highway or other right-of-way.
C. General Standards.
(1) A maximum of ten (10) horses owned by persons other than the facility owner may be
boarded.
(2) Fencing and other means of animal confinement shall be maintained at all times.
(3) Pens, stalls, and grazing areas shall be maintained in a sanitary manner.

Section 7-2-7. Slaughterhouse.
A. Exempt. In accordance with Code of Federal Regulations 9 CFR § 303.1, the slaughtering and
processing of animals raised and/or kept on the associated parcel, and used for personal use by
the owner, is exempt from these provisions.
B. Lot Area. Minimum lot area of ten (10) acres.
C. Setbacks. Any portion of the use, excluding required screening and landscape buffers, shall be
prohibited within:
(1) A minimum of 250 ft. from any property line; and
(2) A minimum of 500 ft. from any dwelling not on the associated parcel.
D. Compliance. All operations of a slaughterhouse, including the handling and disposal of waste,
shall operate in compliance with all applicable state, federal, and local regulations, including the
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Franklin County Code, VDH regulations, U.S. Department of Agriculture regulations, and Virginia
Department of Agriculture and Consumer Services regulations, as applicable.
E. General Standards.
(1) All activity associated with the slaughterhouse shall be performed within a completely
enclosed building.
(2) Exterior storage of meat processing related equipment, trailers, materials, or otherwise shall
be screened from view using plantings, fences, walls, or other appropriate means so as not to
be visible from any right-of-way.
a. Screening shall be kept in a good state of repair.
(3) Signage shall be permitted in accordance with Article 8, Community Design Standards, of this
Ordinance.
F. Access. All access points shall be in accordance with VDOT standards for commercial entrances.

Section 7-2-8. Temporary Timber Processing. 10
A. Setbacks. The processing area of the sawmill which includes, but is not limited to, structures,
storage of lumber, logs, chips, or timber shall be located no closer than 100 ft. to any adjacent
property line.
(1) Trees and vegetation existing within the 100-ft. setback shall be maintained as a buffer.
a. During the last three (3) months of operation, the remaining trees may be removed.
(2) No saw greater than 12 inches in diameter, planer, chipper, conveyer, chute, or other like
machinery shall be located closer than 300 ft. to any dwelling not on the associated parcel.

DIVISION 7-3. RESIDENTIAL USE STANDARDS
Section 7-3-1. Bed and Breakfast. 11
A. Owner/Operator Occupied. Bed and breakfasts shall be occupied by the owner/operator wherein
the owner or manager provides full-time management during operation.
B. Licensure. When applicable, the owner/operator shall hold a valid permit from VDH.
C. Registration.
(1) The owner/operator of a bed and breakfast shall maintain a log of all patrons, including their
name, address, license plate number and state, and length of stay. The log shall be available
to County staff upon request.
(2) Guest(s) may stay no longer than 14 consecutive days.

10

Editor’s Note: The standards provided are materially the same as those provided in Sec. 25-126 of the existing
Ordinance.
11
Editor’s Note: The standards provided here are materially the same as those provided in Sec. 25-40 of the
existing Ordinance. Item C. is new.

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D. Guest Room Limit. A maximum of 10 guest rooms is permitted unless otherwise approved
through an SUP.
E. General Standards.
(1) If within a residential district, changes made to the exterior of the building occupied by the
bed and breakfast shall maintain the residential character of the building.
(2) Signage and parking shall comply with the regulations of Article 8, Community Design
Standards, of this Ordinance.
(3) Every room occupied for sleeping purposes shall comply with Uniform Statewide Building
Code.
(4) Guest rooms shall not have cooking facilities.
(5) Food services in connection with the use shall be limited to meals provided to guests taking
lodging at the facility.
a. Food service shall be at least one meal per day to each guest.
b. Restaurant service open to the general public is a separate use, permitted according to
Article 6, Use Matrix, of this Ordinance.
(6) Additional activities, including indoor/outdoor events such as weddings, receptions, and
similar activities on site are allowed subject to other applicable restrictions such as those in
Article 8, Community Design Standards, of this Ordinance.

Section 7-3-2. Dwelling, Accessory. 12
A. General Limitations.
(1) An accessory dwelling is allowed only as accessory to a single-unit detached dwelling.
(2) An accessory dwelling may be within (e.g., a downstairs or upstairs apartment), or attached to
the principal dwelling, or exist as a detached building (e.g., an apartment above a detached
garage or in a guesthouse).
(3) If detached from the principal structure, the accessory dwelling shall be separated from the
principal structure by a distance of at least 15 ft.
(4) The accessory dwelling shall not be subdivided or otherwise segregated in ownership from the
principal dwelling.
B. General Standards. 13
(1) An accessory dwelling shall obtain all proper permits and comply with all applicable
requirements of the VDH and the Virginia Uniform Statewide Building Code.
(2) A recreational vehicle, travel trailer, camper, or similar vehicle shall not be used as an
accessory dwelling.
12

Editor’s Note: The existing Ordinance permits a similar use, “Home—Second single-family detached dwelling
on a lot”. The proposed use term is better aligned with housing and planning best practices.
13
Editor’s Note: An item regarding long-term tenancies was removed per County comments received 1/16/26.

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C. Development Standards.
(1) Setbacks and Height.
a. Attached accessory dwellings shall be considered an integral part of the primary structure
and therefore must comply with the district’s primary structure setbacks.
b. Detached accessory dwellings shall be:
i.

Located behind the front building line of the primary structure; and

ii. Shall comply with the district’s side and rear primary structure setbacks.
c. No accessory dwelling shall be permitted to exceed the height of the principal dwelling.
(2) Design. Detached accessory dwellings should be architecturally compatible with the principal
dwelling.
(3) Minimum Lot Area. An accessory dwelling is only permitted on lots of at least one (1) acre.
(4) Limit. Maximum of one (1) accessory dwelling per lot.
(5) Maximum size.
a. The floor area of a detached or attached accessory dwelling shall not exceed 50% of the
finished area of the primary dwelling.
(6) Parking. One (1) off-street parking space shall be required in addition to the required parking
for the principal dwelling and no separate driveway shall be permitted.

Section 7-3-3. Dwelling, Manufactured, Detached. 14
A. Compliance.
(1) All manufactured dwellings are subject to Chapter 10, Manufactured Homes and
Manufactured Home Parks, of the Frankin County Code.

Section 7-3-4. Dwelling, Manufactured Attached.
A. Compliance.
(1) All attached manufactured dwellings are subject to Chapter 10, Manufactured Homes and
Manufactured Home Parks, of the Frankin County Code.

Section 7-3-5. Dwelling, Multi-Unit.
A. Property Line Setbacks.
(1) Groups of multi-unit dwellings located on the same property shall be considered as one
building for the purpose of determining front, side, and rear setback requirements.
14

Editor’s Note: The Franklin County Code has a chapter specifically for manufactured homes (dwellings) and
manufactured home parks. To avoid conflicting provisions this section references County code. Berkley Group
recommends assessing and revising, as needed, Chapter 10 of the Franklin County Code following the adoption
of the revised Zoning Ordinance; and using Chapter 10 to regulate all manufactured dwellings, to ensure
Franklin County can continue enforcing regulations for development of manufactured dwellings and parks
throughout the entire County, rather than only in the zoned area.

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(2) The entire group as a unit shall require one front, two sides, and one rear setback(s) as
specified in the appropriate district, as provided in Article 4, Primary District Standards, of this
Ordinance.
B. Spacing Between Buildings. Spacing between buildings shall meet the requirements in Article 4,
Primary Zoning Districts, Table 4-4, of this Ordinance.
C. Pedestrian Access. Pedestrian access shall be provided with a sidewalk or other paved surface to
all common area elements, including mail kiosks, parking lots, refuse collection areas, recreational
amenities, adjoining properties, and along public roadways.
D. Roads and Private Pavement. All roads and private pavement shall be provided in accordance with
Article 8, Community Design Standards, of this Ordinance.
E. Parking Areas. Parking and loading shall be provided in accordance with Article 8, Community
Design Standards, of this Ordinance.
F. Screening of Mechanical Equipment and Refuse Collection. Whether ground-level or rooftop, any
refuse collection or mechanical equipment visible from adjacent property or roads shall either be
integrated into the architectural treatment of the building or screened from view in accordance
with Article 8, Community Design Standards, of this Ordinance.
G. Landscaping and Buffer. Landscaping and/or transitional buffers shall be installed as required in
Article 8, Community Design Standards, of this Ordinance.
H. Traffic Impact Analysis.
(1) A traffic impact analysis shall be submitted as part of Site Plan approval, per Article 3, Permits
and Applications, of this Ordinance for any multi-unit dwelling development that:
a. Is located on, or will access, a primary state highway; or
b. Includes more than ten (10) dwelling units.
(2) The traffic impact analysis shall be prepared in accordance with the applicable VDOT standards
for such an analysis.
I.

Architecture Standards.
(1) The development shall be designed with special attention to compatibility of adjacent land
uses, topography, existing vegetation, building height, and orientation. The development shall
incorporate building layout and design that relates to and enhances the existing
neighborhoods, natural vegetation, and terrain, or incorporates natural design features, such
as preservation of scenic vistas or other unique elements of the site.
(2) Buildings shall be designed to impart harmonious proportions and avoid monotonous facades
and large masses.
(3) Buildings shall maintain architectural variety, while at the same time maintain an overall
cohesive residential character.
a. Residential character shall be achieved through the creative use of design elements such
as, but not limited to, balconies, terraces, articulation of doors and windows, sculptural or
textural relief of facades, architectural ornamentation, or varied roof lines.
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Section 7-3-6. Dwelling, Townhouse.
A. Placement and Setbacks.
(1) No more than eight (8) adjoined townhouses shall be constructed in a single row.
(2) For townhouse dwellings in RC-1 and RMF zoning districts, spacing between buildings shall
meet the requirements in Article 4, Primary Zoning Districts, Table 4-4, of this Ordinance.
B. Traffic Impact Analysis. A traffic impact analysis shall be submitted as part of Site Plan approval,
per Article 3, Permits and Applications, of this Ordinance for any townhouse development that:
a. Is located on, or will access, a primary state highway; or
b. Includes more than ten (10) dwelling units.
(2) Standards.
a. The traffic impact analysis shall be prepared in accordance with the applicable VDOT
standards for such an analysis.
C. Architectural Treatment of Townhouses.
(1) Buildings shall be designed to impart harmonious proportions and avoid monotonous facades.
Townhouse buildings shall possess architectural variety through the use of design elements
including but not limited to varied façade widths, balconies, terraces, articulation of doors
and windows, sculptural or textural relief of facades, architectural ornamentation, varied
rooflines, or other appurtenances.
(2) The facades of each unit of a townhouse structure shall be varied by changing front yard
setbacks and utilizing variations in materials or design, so that no more than two abutting
townhouse units have the same front yard setback depth or the same architectural treatment
of facades or rooflines. Front yard setbacks of adjoining staggered units shall vary a minimum
of two (2) ft. and a maximum of six (6) ft.
(3) Each unit shall have its own outside entrance.
D. Vehicular Access. Each townhouse unit shall have unencumbered access from a dedicated public
road.
E. Pedestrian Access. Pedestrian access shall be provided with a sidewalk or similar paved surface, if
approved by the Administrator, to all common area elements, including mail kiosks, parking lots,
refuse collection areas, recreational amenities, adjoining properties, and along public roadways.
F. Guest Parking. Parking for each townhouse’s guests shall be provided on the same road as the
townhouse and designed in accordance with Article 8, Community Design Standards, of this
Ordinance.
G. Private Roads. All private roads shall have concrete curb and gutter.
H. Landscaping and Buffers. Landscaping shall be installed as required in Article 8, Community
Design Standards, of this Ordinance.
I.

Screening of Mechanical Equipment and Refuse Collection. Whether ground-level or rooftop, any
refuse collection or mechanical equipment visible from adjacent property or roads shall either be
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integrated into the architectural treatment of the building or screened from view in accordance
with Article 8, Community Design Standards, of this Ordinance.
J.

Stormwater. Any permanent wet pond stormwater best management practice (BMP) shall be
designed and developed as a water feature amenity or designed and landscaped in a manner
consistent with the surrounding development. Wet ponds shall include adequate aeration
features for movement of water.

Section 7-3-7. Family Health Care Structure, Temporary.
A. General. In all agricultural and residential districts, and in nonconforming single-unit uses,
temporary family health care structures shall be allowed to be placed on a lot, provided that:
(1) The primary use of the property is a single-unit dwelling;
(2) The occupant of the temporary family health care structure meets the qualifications of a
mentally or physically impaired person as defined in Code of Virginia §63.2-2200, and a letter
of certification, written by a physician licensed in Virginia, has been provided to the Zoning
Administrator;
a. The Administrator may inspect the temporary family health care structure at reasonable
times convenient to the caregiver, not limited to any annual compliance inspection.
(3) The property is occupied by the caregiver as their residence;
(4) Any family health care structure shall comply with all applicable requirements of VDH.
(5) Any temporary family health care structure shall be removed within 30 days of the date on
which the temporary family health care structure was last occupied by a mentally or physically
impaired family member receiving services or assistance.
B. Development Standards.
(1) Temporary family health care structures shall comply with all minimum setback requirements
that apply to the primary structure.
(2) Only one (1) temporary family health care structure shall be allowed on a lot or parcel of land.
(3) The structure shall be no larger than 300 sq. ft. and shall comply with all applicable provisions
of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building
Code (§ 36-97 et seq.).
(4) No signage shall be permitted.

Section 7-3-8. Home Occupation, Class A. 15
A. Size of Use. The maximum area permitted in conjunction with a home occupation shall be as
follows:

15

Editor’s Note: All standards provided, except A and (3) b. f. and g., are materially the same as those provided
in the existing Ordinance. Item (A), Size of Use and (3) b. f. and g. have been introduced and can be removed if
the County does not wish to regulate this standard. Additionally, (A) (2) is a new provision that prohibits on-site
customers.

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(1) No more than 500 sq. ft. or 25% of the floor area of the dwelling, whichever is greater; or
(2) Up to 100% of the floor area of an accessory structure.
B. Employees and Customers.
(1) Employees other than family members residing in the dwelling unit shall not be permitted at
the dwelling unit for business purposes.
(2) No customers shall be allowed on-site.
C. General Standards.
(1) There shall be no change in the exterior of the structure and/or property to indicate the home
occupation use.
(2) The business owner shall reside on the property as their permanent residence.
(3) One minor sign shall be permitted, in accordance with Article 8, Community Design Standards,
of this Ordinance.
(4) No equipment or process shall be used which creates noise, vibrations, glare, fumes, odors, or
electrical interference detectable off the property.
(5) Exterior storage of business-related equipment, trailers, materials, or merchandise is
prohibited.
(6) Outdoor storage or outdoor staging facilities or areas for Tradesperson Service, as defined in
this Ordinance, are prohibited.

Section 7-3-9. Home Occupation, Class B. 16
A. Size of Use. The maximum area permitted in conjunction with a home occupation shall be as
follows:
(1) 500 sq. ft. or 25% of the floor area of the dwelling, whichever is greater; or
(2) Up to 100% of the floor area of an accessory structure.
B. Employees and Customers.
(1) A maximum of three (3) full- or part-time employees, other than family members residing in
the dwelling unit, shall be permitted at the dwelling unit for business purposes.
(2) A maximum of five (5) customers may be on the property at any one time.
C. Hours of Operation. Hours of operation shall be limited to six (6) days per week, 8:00 a.m. to 8:00
p.m.
D. General Standards.

16

Editor’s Note: All standards provided, except A and (3) b., h. and i., are materially the same as those provided
in the existing Ordinance. Items (A), Size of Use and (3) b., h. and i. and (C), Hours of Operation have been
introduced and can be removed if the County does not wish to regulate this standard. Additionally, (BA) (2) is a
new provision that prohibits on-site customers.

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(1) There shall be no change in the exterior of the structure and/or property to indicate the home
occupation use.
(2) The business owner shall reside on the property as their permanent residence.
(3) One minor sign shall be permitted, in accordance with Article 8, Community Design Standards,
of this Ordinance.
(4) No equipment or process shall be used which creates noise, vibrations, glare, fumes, odors, or
electrical interference detectable off the property.
(5) Exterior storage of business-related equipment, trailers, materials, or merchandise is
prohibited.
(6) Sufficient off-street parking shall be provided for the allowed number of customers, and in
accordance with Article 8, Community Design Standards, of this Ordinance.
a. Parking area(s) shall be provided on the parcel that the home occupation is associated
with.
(7) The type of traffic generated by the home occupation shall be consistent with the type of
traffic of other dwellings in the area.
(8) Outdoor storage or outdoor staging facilities or areas for Tradesperson Service, as defined in
this Ordinance, is prohibited.

Section 7-3-10. Home Occupation, Class C.
A. Intent. The intent of this Section is to allow for local, small-scale businesses to locate and operate
at the owner’s principal place of residence. This use is intended to serve home occupations that:
(1) Do not meet the criteria of a Home Occupation, Class A or Class B;
(2) Have the need to store equipment, supplies, or heavy machinery; or
(3) May have additional employees or customers but is located with greater minimum lot sizes
and setbacks, minimizing potential impacts on adjacent properties.
B. Minimum Lot Size.
(1) Minimum lot size of three (3) acres.
(2) Land area from an adjacent parcel may count toward the minimum lot size, provided that:
a. It shall be used for the operation of the business; and
b. It is under the same ownership and zoning district as the principal place of residence.
C. Setbacks. Structures, storage, parking areas, and other facilities used for the home occupation
shall be at least 50 ft. from all side and rear property lines.
D. Employees and Customers.
(1) No more than five (5) full- or part-time employees, other than family members residing in the
dwelling unit, shall be permitted at the dwelling unit for business purposes.
(2) No more than ten (10) customers may be on the property at any one time.
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E. Hours of Operation. Hours of operation shall be limited to six (6) days per week, 8:00 a.m. to 8:00
p.m.
F. General Standards.
(1) Exterior storage of business-related equipment, trailers, materials, or merchandise shall be
screened from view using plantings, fences, walls, or other appropriate means so as not to be
visible from any right-of-way or adjacent property. If a fence or masonry wall is used, it shall
be painted or stained and kept in a good state of repair.
(2) Sufficient parking shall be provided for the allowed number of employees and customers.
(3) Parking area(s) shall be provided on the lot that the home occupation is associated with and
cannot be on any roads or right-of-way.
(4) One sign shall be permitted, in accordance with Article 8, Community Design Standards, of this
Ordinance.

Section 7-3-11. Manufactured Home Park.
All Manufactured Home Parks shall be in accordance with Chapter 10, Manufactured Homes and
Manufactured Home Parks, of the Frankin County Code.

Section 7-3-12. Short-Term Rental. 17
A. Applicability.
(1) Short-Term Rental uses which are subject to this Ordinance shall not be regulated by Franklin
County Code Chapter 5.5, Article IV, Section 5.5-72. 18
B. Registration.
(1) Short-term rentals shall be registered with the Administrator prior to beginning operation as
provided by Code of Virginia § 15.2-983.
(2) This Section shall establish a short-term rental registry and require operators within the zoned
portion of Franklin County to register their rental annually; due on or before July 1st of each
year. The registration shall require the operator to complete an application through electronic
means or on forms provided by Franklin County that contains the following:
a. Name of the operator;
b. Property owner’s name;
c. Physical address(es) of the property being rented;
d. Annual registration fee due on or before July 1st of each year; 19

17

Editor’s Note: This section applies to short-term rentals in the zoned area of the county only. The provisions in
Chapter 5.5, section 5.5-72 apply to the non-zoned area of the county. Berkley Group recommends that the
County Code Chapter 5.5, Article IV, section 5.5-72 be reviewed by legal counsel for legality of enforcement.
18
Editor’s Note: This item is new to prevent confusion between this ordinance and the county code.
19
Editor’s Note: The registration fee should be set in County Code outside of this Ordinance so that it can be
reviewed and changed, as necessary, without amending the zoning ordinance.

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C. Inspection. 20 The operator, as defined in this Ordinance, shall give the County written consent to
inspect the dwelling to ascertain compliance with this Ordinance and 21 all applicable state
building code and safety regulations. An annual inspection shall be conducted by the County.
D. General. 22
(1) The dwelling used as a short-term rental shall comply with all applicable state building code
and safety regulations.
(2) There shall be no change in the outside appearance of the dwelling or premises, or other
visible evidence of the conduct of such short-term rentals.
(3) A fire extinguisher shall be mounted on the wall in the kitchen or common area of each floor
of the dwelling.
(4) A smoke detector shall be installed in every kitchen and living area, and above each bedroom
door, outside of the bedroom, within the dwelling.
(5) Carbon monoxide detector(s) shall be installed on each level of the dwelling when combustion
appliances or systems exist on the premises. 23
(6) No recreational vehicles, buses, or travel trailers shall be used in conjunction with the shortterm rental.
(7) Current contact information for the operator, local law enforcement, and Franklin County shall
be posted in a conspicuous location within the short-term rental.
(8) All trash shall be stored in closed containers and properly disposed of upon the conclusion of
each rental period.
(9) If the short-term rental is not serviced by public sewer, the operator shall provide proof as part
of the annual registration renewal that septic maintenance has occurred at least once within
the previous calendar year.
(10) The rental period for each occupant shall be a period of fewer than thirty (30) consecutive
days.
(11) The operator shall provide notice in the listing that special events and temporary uses as
defined by Article 10, Definitions, of this Ordinance are prohibited without a valid Special Use
Permit in accordance with Article 3, Permits and Applications, of this Ordinance.

20

Editor’s Note: This item is from County Code 5.5-72.
Editor’s Note: “This ordinance and” was added at the request of a Board member and should be considered
by all members and staff.
22
Editor’s Note: Items (1) through (4) have been taken from County Code section 5.5-72 and/or the existing
Ordinance and are reworded and updated as necessary. Items (5) through (10) are new.
23
Editor’s Note: The requirement for a carbon monoxide detector was added at the request of a Board member
and should be considered by all members and staff for practical enforceability and potential overlap with
statewide building code.
21

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(12) Thirty days prior to the start of a new short-term rental adjoining property owners shall be
notified of the use by the owner of the short-term rental. 24
(13) The owner of the short-term rental shall supply the Planning Department with the name and
phone number of a property manager or contact person. The Planning Department shall be
notified any time this information is changed. The Planning Department will notify adjoining
property owners of this information and notify them of any changes to this information. 25
E. Occupancy.
(1) The maximum occupancy of the short-term rental shall be based on the occupancy standards
specified in the Virginia Uniform Statewide Building Code.
(2) The number of bedrooms in dwellings relying upon septic tanks and drainfields for sewage
disposal shall be determined by VDH 26 and shall be in accordance with all VDH permits which
specify the number of bedrooms for which the supporting system was designed.
F. Parking.
(1) The physical and aesthetic impact of required off-street parking shall not be detrimental to the
existing character of the house and lot or to the surrounding neighborhood.
(2) All vehicles of tenants shall be parked in driveways or parking areas designed and built to be
parking areas. In the case of multi-unit dwellings, all vehicles shall be parked in spaces
specifically reserved for the dwelling unit being rented.
(3) All boats of tenants shall be parked on the lot on which the dwelling is located. In the case of
multi-unit dwellings, boats shall be parked in areas specifically reserved for the dwelling unit
being rented.
(4) Parking shall be in accordance with Article 8, Community Design Standards, of this Ordinance.
G. Registration Revocation, Suspension, or Cancellation.
(1) Any operator of a short-term rental in violation of this Ordinance, including operating without
registering, may have their registration revoked, suspended, or cancelled.
(2) A SUP for a short-term rental may be revoked, suspended, or cancelled in accordance with
Article 3, Permits and Applications, of this Ordinance.
(3) Notice of violation shall be provided in accordance with Article 2, Administration, of this
Ordinance.
(4) Before any revocation, suspension, or cancellation can be effective, the Administrator shall
give written notice to the operator.
a. The notice of revocation, suspension, or cancellation shall comply with applicable
requirements of Article 2, Administration, of this Ordinance.
24

Editor’s Note: (12) added per County comments received 1/19/26. Proof that the property owner has notified
adjoining property owners should be added to the County’s short-term rental application process.
25
Editor’s Note: (13) added per County comments received 1/19/26. Berkley Group recommends this language
be approved by the County attorney for enforceability and legality.
26
Editor’s Note: “by” added as requested by staff 10/31/25.

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(5) Upon multiple violations on more than three (3) occasions of applicable state and local laws,
ordinances, and regulations, as they relate to the short-term rental on a specific property, an
operator shall 27 be prohibited from registering and offering that property for a period of two
(2) years.
(6) In accordance with Article 3, Permits and Applications, of this Ordinance, an applicant may
appeal the Administrator’s decision for revocation, suspension, or cancellation of the
registration.
H. Penalty.
(1) Any short-term rental in violation of this Ordinance, including operation without registering, is
subject to all relevant penalties as set forth by Franklin County.
(2) It shall be unlawful to operate a short-term rental:
a. Without obtaining registration as required by this Article;
b. After a registration has been suspended or cancelled; or,
c. In violation of any other requirement of this Ordinance.

Section 7-3-13. Temporary Construction Residence/Office. 28
A. When a property owner is constructing their primary home and the property owner and
contractor or builder are one and the same:
(1) A recreational vehicle is permitted to be used on the property, in accordance with Article 6,
Use Matrix, as a Temporary Construction Residence/Office, as defined by this Ordinance, as
follows:
a. The recreational vehicle shall be temporarily connected to utilities such as electricity,
water, and sewer/septic 29 for the duration of the Construction Temporary Use; and
b. The use shall be removed, and utilities shall be disconnected from the recreational
vehicle, within 30 days from the date of the approval of the Certificate of Occupancy of
the building or within six (6) months of the beginning of construction at the site,
whichever occurs first, regardless of building completion.
i.

The Administrator may permit up to two (2) extensions of no longer than six (6)
months each, as warranted for building completion. 30

27

Editor’s Note: Changed from “may” to “shall” as directed at the Sept. 10, 2025 worksession.
Editor’s Note: The use of a recreational vehicle as a temporary construction residence/office was added as
requested by the County on October 29, 2025.
29
Editor’s Note: Septic added per County comments received 1/16/26.
30
Editor’s Note: This was changed from one extension to two per the 11/12/25 worksession.
28

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DIVISION 7-4. PUBLIC, CIVIC, AND RECREATIONAL USE STANDARDS
Section 7-4-1. Campground. 31
A. Terms. For purposes of this Section, the term “unit” shall refer to a campsite, whether for
individual tents, campers, or recreational vehicles.
B. Lot Area. For purposes of this Section, the term “lot area” shall refer to the area that the
campground occupies. Minimum lot area shall be three (3) acres.
C. Unit Dimensions.
(1) Each unit shall be a minimum of 3,000 sq. ft.
(2) Each unit shall be a minimum of 50 ft. in width.
(3) Units shall be a minimum of 10 ft. apart.
(4) Front yards, that portion of the lot between the unit and a road or right-of-way in the
campground, shall be a minimum of 20 ft. in depth.
D. Density. 32 Density shall be no more than ten (10) units per acre.
E. Setbacks. Accessory structures or recreation facilities such as washrooms, swimming pools, and
game courts, shall be setback 100 ft. from the property line and 200 ft. from any residential
district. Camping units shall be setback 50 ft. from the property line.
F. Open Space. A minimum of five percent (5%) of the gross area of the campground shall be
reserved as common open space and recreation facilities, provided in accordance with Article 8,
Community Design Standards, of this Ordinance.
(1) Open space shall not include setback areas, required buffers, pedestrian ways, parking areas,
roads, amenity buildings, or storage buildings.
G. Lighting. Any lighting that is provided on the campground shall be directed downwards, so as to
not produce a glare on adjoining properties and shall comply with all applicable standards of
Article 8, Community Design Standards, of this Ordinance.
H. Parking. Each unit shall have a minimum of one (1) off-street parking space, with minimum
dimensions of 10 ft. by 20 ft. and shall comply with all applicable standards of Article 8,
Community Design Standards, of this Ordinance.
(1) A consolidated parking area within 60 ft. of the units may be used to provide the required
parking spaces.

31

Editor’s Note: Campground standards include both provisions retained from the existing Ordinance, as well as
new additions. Items B. through I. are retained from the existing Ordinance. Items J. through O. are proposed as
new provisions.
32
Editor’s Note: The County may want to remove density in lieu of unit dimensions, setbacks, and open space
requirements, and consider increasing open space to 10% or 15%. If density is retained, recommend increasing
to 25 camper units or 15 RV units per acre based on campground research.

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I.

Signs. Each campground shall, at all times, have a sign at its entrance designating the name of the
campground, the owner(s), and the telephone number of the owner or renting agent. Signage
shall be designed in accordance with Article 8, Community Design Standards, of this Ordinance.

J.

Water Supply. An adequate supply of water, approved by the VDH, shall be furnished from a
public water supply system or from a private water system conforming to all applicable laws,
regulations and ordinances.

K. Sewerage Facilities. In each campground, all waste or wastewater (including such waste from
units or vehicles, main buildings on the site, or accessory buildings on the site, or any other
shelters or enclosures that might house equipment) shall empty into a sewer system approved by
the VDH and shall be installed in accordance with applicable laws, regulations and standards of
the VDH.
L. Permanent Residences. No more than one permanent residence shall be allowed in a
campground, which shall only be occupied by the owner or operator.
M. Registration. The operator shall maintain a log of all patrons, including their name, address,
license plate number and state, and their length of stay.
N. Service Buildings. The service buildings, including restrooms and other facilities, shall be provided
in accordance with VDH requirements.
O. Refuse.
(1) General. All bulk garbage receptables shall be maintained in clean condition. Such receptacles
shall be covered and enclosed on all sides in accordance with Article 8, Community Design
Standards, of this Ordinance.
(2) Health and Safety. The storage, collection, and disposal of garbage in the campground shall
not create health hazards, rodent harborage, insect breeding areas, accident or fire hazards,
or air pollution.
(3) Collection. All garbage shall be collected a minimum of once weekly and transported from the
campground. The owner of the campground will be responsible for providing a garbage
collection service.
P. General.
(1) Interior campground roads and access to individual units shall be constructed of, at a
minimum, an all-weather gravel surface.
(2) The overall design shall include preservation of the natural amenities of the site.
(3) Retail sales for the convenience of the campground tenants are permitted. Items are limited to
those which are clearly supportive of campground tenants’ needs.
a. Structures for ancillary retail sales shall be no more than ten (10%) of the total
campground, or one (1) acre, whichever is less.
(4) The sale, long-term storage, and/or permanent parking of recreational vehicles is strictly
prohibited; nothing herein prohibits an applicant from seeking permits for a Recreational
Vehicle Storage Facility as provided by this Ordinance.
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Section 7-4-2. Campground, Primitive.
A. Terms. For purposes of this Section, the term “unit” shall refer to a campsite.
B. Lot Area. For purposes of this Section, the term “lot area” shall refer to the area that the
campground occupies. Minimum lot area shall be one (1) acre.
C. Occupancy. Each primitive campground shall have no more than ten (10) units for tents.
(1) Guest(s) may stay no longer than three (3) consecutive days.
D. Prohibition.
(1) No permanent residences shall be permitted in a primitive campground.
(2) No recreational vehicles or campers shall be permitted in a primitive campground.
(3) Vehicles shall not be used as camping apparatus and shall only be on-site as a means of travel
to and from the property.
E. Refuse. All garbage shall be removed from the primitive campground at least once every three (3)
days, or when guests vacate. The owner of the property shall be responsible for removing all
refuse.
F. Parking. All vehicles shall be parked on the property, either in a designated parking area or with
corresponding campsites.
(1) No vehicles shall be parked in any road or right-of-way.

Section 7-4-3. Shelter, Animal. 33
A. Setbacks.
(1) Except where animals are confined in soundproofed buildings, no structure or area occupied
by animals shall be located within:
a. 500 ft. from the property line of any dwelling not on the associated parcel;
(2) All structures shall be:
a. A minimum of 200 ft. from any dwelling not on the associated parcel.
b. A minimum of 100 ft. from the property line of any adjoining residential district or use.
B. General Standards.
(1) All animals shall be kept within a totally enclosed part of the structure(s) between the hours of
10:00 p.m. and 6:00 a.m. This excludes leashed walking of animals.
(2) All exterior runs, play areas, or arenas shall be designed with a minimum 6-foot-high opaque
screen from adjacent lot lines and road rights-of-way.
(3) Animals shall be in an enclosure or structure from which they cannot escape.
33

Editor’s Note: Provisions included here are materially the same as those provided in Sec. 25-122 of the
existing Ordinance, which pertain to commercial kennels and veterinary clinics, which are similar in nature to
animal shelters.

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(4) Animal shelters shall be kept free of waste on a regular basis to minimize impacts of odor and
reduce propagation of pests.
(5) Waste disposal shall be in accordance with VDH standards.

Section 7-4-4. Telecommunications Facility. 34
A. Uses. 35
(1) Principal or Accessory Use. For the purposes of determining compliance with the standards of
this Ordinance, telecommunication facilities may be considered either principal or accessory
uses.
a. An existing use or an existing structure on the same lot shall not preclude the installation
of a telecommunication facility on such lot.
b. For purposes of determining whether the installation of a telecommunication facility
complies with district regulations, the dimensions of the entire lot shall control, even
though the facility may be located on leased area within such lots.
(2) Nonconforming Uses. Telecommunication facilities that are constructed, and antennas that are
installed, in accordance with the provisions of this Section shall not be deemed to constitute
the expansion of a nonconforming use or structure.
(3) Excluded Uses. The following uses are not subject to the requirements of this Section for
telecommunications facilities:
a. Amateur radio operations as regulated by Code of Virginia § 15.2-2293.1.
b. Television reception antennas that are less than 35 ft. above ground level (AGL) and used
exclusively for non-commercial purposes.
c. Ground-mounted satellite earth station antennas that are less than or equal to ten (10) ft.
AGL, less than or equal to six (6) ft. in diameter and used exclusively for non-commercial
purposes.
d. Micro-wireless facilities, provided that they are less than or equal to 80 ft. AGL. Colocation of additional antennae should be sought. The County reserves the right to
require "stealth technology" to hide or camouflage wireless facilities for micro-wireless
facilities.
e. Satellite earth station antennas. Ground-mounted satellite earth station antennas that are
less than or equal to ten (10) ft. AGL, less than or equal to six (6) ft. in diameter, and used
exclusively for non-commercial purposes.

34

Editor’s Note: Unless otherwise noted throughout this Section, the provisions included have been retained
from the existing Ordinance. Unless noted, the content is materially the same and organization of the text has
been slightly modified, and minor changes have been made to references and the use name. All policy or
substantive changes have been noted.
35
Editor’s Note: New text to provide clarity and address content based on Code of Virginia §§15.2-2316.3 –
15.2-2316.5.

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f.

County owned or operated wireless telecommunication facilities are exempt from the
requirements of this Article but are expected to adhere, to the extent reasonably
possible, to the standards described herein.

g. Any wireless communication antenna that meets the definition of a “Administrative
review-eligible project” as defined in the Code of Virginia § 15.2-2316.6, is considered a
“Utility Service, Minor” by this Article and is not subject to the provisions of this Section.
B. Local Government Access. Owners of all new telecommunication facilities shall provide, at no cost
to the County, colocation opportunities as a community benefit to improve radio communication
for County departments and emergency services (including both tower space and sheltered
equipment space on the ground). All proposals for a telecommunication facility shall acknowledge
the critical role of the County’s radio system for emergency services including fire, rescue, and law
enforcement personnel and shall warrant that no interference with the County’s radio system
shall result from such installation.
C. Location Preference. 36 The following sites shall be considered by applicants as the preferred order
of location of proposed telecommunications facilities, (1) being the most preferred, and (4) being
the least preferred:
(1) Existing telecommunication facilities (towers).
(2) Public structures, such as water towers, utility structures, fire stations, bridges, steeples, and
other public buildings not utilized primarily for residential uses.
(3) Property zoned commercial or industrial.
(4) Property zoned agricultural.
D. Colocation Requirements.
(1) Existing towers may be extended to allow for additional users, provided that the overall height
of the tower is not increased by more than 15 ft. for each new user and that the overall
height of the structure does not exceed 199 ft.
(2) No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the County that no existing tower or structure can accommodate the
applicant’s proposed antenna. Such evidence shall include an affidavit executed by a radio
frequency engineer that such existing tower or structure is unsuitable for the applicant's
needs. Evidence submitted to demonstrate that no existing tower or structure can
accommodate the applicant’s proposed antenna shall consist of the following minimum
information:
a. No existing towers or structures are located within the geographic area required to meet
applicant’s engineering requirements;
b. Existing towers or structures are not of sufficient height to meet applicant’s engineering
requirements;

36

Editor’s Note: New provisions to provide a preferred hierarchy to new tower locations. The County can decide
to keep, remove, or revise this list.

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c. Existing towers or structures do not have sufficient structural strength to support
applicant’s proposed antenna and related equipment;
d. The applicant’s proposed antenna would cause electromagnetic interference with the
antenna on the existing towers or structures, or the antenna on the existing towers or
structures would cause interference with the applicant’s proposed antenna;
e. The fees, costs, or contractual provisions required by the owner in order to share an
existing tower or structure or to adapt an existing tower or structure for sharing are
unreasonable; and
f.

The applicant demonstrates that there are other limiting factors that render the existing
towers and structures unsuitable.

(3) The tower or telecommunication facilities owner shall annually provide the planning
department and the commissioner of revenue a report with the names, addresses, contacts,
structures and equipment for all providers utilizing the tower.
E. Design Standards. 37
(1) No advertising of any type shall be placed on the tower or accompanying facility.
(2) Unless using camouflaging designs, towers shall either maintain a galvanized steel finish or,
subject to any applicable standards of the Federal Aviation Administration (FAA), be painted a
neutral color, to reduce visual obtrusiveness.
(3) Broadcasting or communication towers shall be of a monopole design unless the Board of
Supervisors determines that an alternative design would blend better into the surrounding
environment.
(4) Towers shall be designed to collapse fully within the lot lines of the subject property in case of
structural failure.
(5) Dish antennas will be of a neutral, non-reflective color with no logos.
(6) Towers that are painted shall be repainted if the original color has significantly degraded as the
result of the fading, pealing, flaking, or rust.
(7) At a facility site, the design of the buildings and related structures shall, to the extent possible,
use materials, colors, textures, screening, and landscaping that will blend the tower facilities
to the natural setting and surrounding structures.
(8) If an antenna is installed on a structure other than a tower, the antenna and supporting
electrical and mechanical equipment shall be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure to make the antenna and related
equipment as visually unobtrusive as possible.
(9) Towers shall be illuminated as required by the Federal Communications Commission, (FCC) but
no lighting shall be incorporated if not required by the FCC, other than essential security
lighting. Site lighting shall be full cut-off and directed downward in accordance with Article 8,
Community Design Standards, of this Ordinance. When incorporated into the approved
37

Editor’s Note: Items E. (3) through (14) are proposed as new provisions.

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design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas
may be attached to the tower.
(10) All towers shall meet or exceed current standards and regulations of the FAA and the FCC,
and any other agency of the federal government with the authority to regulate towers and
antennas. Towers that are painted, as required by the FAA, shall be repainted as necessary to
maintain minimum visibility requirements as set forth by the FAA.
(11) To ensure structural integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable federal, state, and local
building codes and regulations.
(12) The area immediately surrounding the tower and access road shall be kept free of trash and
debris.
(13) All electrical devices, fixtures, and wires, to include electric generators and fuel tanks, shall
be maintained in compliance with the requirements of the National Electrical Safety Code.
(14) Tower owners shall maintain towers, telecommunication facilities, and antenna support
structures in safe condition so that the same shall not menace or endanger the life or
property of any person.
F. Setbacks. 38
(1) All towers shall set back from any property line a distance equal to 120% of the tower height,
a. In no event shall any such tower be constructed or erected nearer than:
i.

120% of the tower height to a residential dwelling unit on the subject parcel; and

ii. 500 ft. to a residential dwelling unit located on an adjacent parcel except for the
following:
(a). Setbacks from residential dwelling units shall not apply to the property owners'
construction of a residential dwelling subsequent to erection of the tower.
(2) Towers, guys, and accessory facilities shall be set back:
a. 100 ft. from any property line which abuts a residential or planned development district;
and
b. 50 ft. from any property line which abuts a commercial or industrial district.
(3) A tower's setback may be reduced or its location in relation to a public road varied, at the sole
discretion of the Board of Supervisors, to allow the integration of a tower into an existing or
proposed structure such as a church steeple, light pole, utility pole, water tower, public
facility, or similar structure.
G. Height Restrictions. Telecommunication facilities shall be designed not to exceed an overall height
of 199 ft. except as otherwise approved in the conditions of the SUP.

38

Editor’s Note: Items F. (2) and (3) are new provisions.

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H. Security Fencing. Ground-mounted towers and equipment shall be enclosed by security fencing to
protect against unauthorized access. Unless otherwise specified, a minimum six (6) ft. high chain
link fence, incorporating an anti-climb device and locked access gate, shall be provided.
I.

Landscaping. Tower facilities shall maintain transitional and frontage buffers of plant materials
that effectively screen the view of the support buildings from adjacent property. All plantings shall
follow the planting standards and Type C Transitional Buffer requirements provided in Article 8,
Community Design Standards, of this Ordinance, in addition to the following:
(1) The buffer shall be a minimum of 100 ft. wide and shall be retained around the site, except for
ingress/egress unless otherwise approved by the Board of Supervisors.
(2) An easement for the transitional and frontage buffers shall be recorded in the land records of
the circuit court prior to Site Plan approval.
a. Such easement shall retain the transitional and frontage buffers for the life of the tower
or accompanying facilities.

J.

Signage. 39 Signage on site shall be limited to no trespassing, safety, or FCC required signs to be
positioned on the fence surrounding the facility. The use of any portion of a tower for signs other
than warning or equipment information signs is prohibited.
(1) The appropriate signage as required by FCC guidelines governing Electromagnetic Energy
Fields (EMEF) shall be clearly posted.
(2) 24-hour emergency contact information shall be posted at the site by the owner and each colocator.
(3) FCC tower registration shall be clearly posted.

K. Required Application Information. 40
(1) Accurate, to scale, photographic simulations showing the relationship of the proposed
broadcasting tower and associated antenna to the surroundings. Photographic simulations
shall also be prepared showing the relationship of any new or modified road, access or utility
corridors constructed or modified to serve the proposed broadcasting tower site. The number
of simulations and the perspectives, from which they are prepared, shall be established with
the staff.
a. The County staff reserves the right to select the locations for the photographic images
and require additional images. As photo simulations may be dependent upon a balloon
test first being conducted, the applicant is not required to submit photo simulations with
their initial application but shall provide them prior to the public hearing with the
Planning Commission.
(2) A computerized terrain analysis showing the visibility of the proposed broadcasting tower and
antenna at the requested height and location. If new or modified road, access, or utility

39
40

Editor’s Note: Item J. proposed as new provision.
Editor’s Note: Items K. (4) through (10) are proposed as new provisions.

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corridors are proposed, the terrain analysis shall also show the visibility of these new or
modified features.
(3) An engineering report certifying that the proposed tower is structurally suitable and of
adequate height for co-location with a minimum of four (4) users including the primary user.
(4) The applicant shall provide copies of propagation maps demonstrating that antennas and sites
for possible co-locator antennas are no higher in elevation than necessary.
(5) A copy of the FAA airspace study shall be provided prior to the issuance of a building permit
for the construction tower. The FAA airspace study shall provide confirmation that the tower
will not pose any hazard to air navigation.
(6) A commitment from a service provider to locate on the proposed tower.
(7) An agreement allowing the County to collocate on the tower for the purpose of emergency
service communications.
(8) A proposed construction schedule.
(9) Site Plans for telecommunications facilities shall include:
a. Radio frequency coverage and tower height requirements.
b. All designated “fall zones” as certified by a registered professional engineer licensed in
Virginia.
(10) Any other information to assess compliance, deemed necessary by the Administrator.
L. Application Process.
(1) Pre-Application Meeting. 41 Prior to filing an application, the applicant is strongly encouraged
to meet with County staff at a pre-application meeting to discuss the proposed use and to
become more familiar with the applicable requirements and approval procedures of the
County.
(2) Balloon Test. 42 A balloon test shall be required for new towers prior to the public hearing with
the Planning Commission. The purpose of this test shall be to demonstrate the potential
visual impact of the proposed tower. The dates and periods of these tests shall be established
with the applicant in consultation with staff.
a. The applicant shall arrange to raise a colored balloon (no less than three (3) ft. in
diameter) at the maximum height of the proposed tower and within 50 horizontal ft. of
the center of the proposed tower.
b. The applicant shall inform the Administrator and adjacent property owners in writing of
the date and times of the test at least seven (7), but no more than 14 days in advance.
The notice will direct readers to a new date if the test is postponed due to inclement

41

Editor’s Note: Pre-application meetings are currently the practice for new towers; provision added to codify
pre-application meetings.
42
Editor’s Note: The County currently requires balloon testing; however, items L. (2) a. through f. have been
added as new provisions.

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weather. The applicant shall request in writing permission from the adjacent property
owners to access their property during the balloon test to take pictures of the balloon
and to evaluate the visual impact of the proposed tower on their property.
c. The date, time, and location of the balloon test shall be advertised in the County’s
newspaper of record by the applicant at least seven (7) but no more than 14 days in
advance of the test date. The advertisement will direct readers to a new date if the test is
postponed due to inclement weather.
d. The balloon shall be flown for at least four (4) consecutive hours during daylight hours on
the date chosen.
e. Signage shall be posted on the property to identify the property where the balloon is to
be launched. The signage will direct readers to a new date if the test is postponed due to
inclement weather. This signage shall be posted a minimum of 72 hours prior to the
balloon test. If inclement weather postpones the test, then cancellation of the test for
that day shall be clearly noted on the signage.
f.

If the wind during the balloon test does not allow the balloon to sustain its maximum
height or there is significant fog or precipitation which obscures the balloon's visibility,
then the test shall be postponed and moved to the alternate inclement weather date
provided in the advertisement. County staff reserves the right to declare weather
inclement for purposes of the balloon test.

(3) Community Meeting. 43 For towers requiring a SUP, a community meeting shall be held by the
applicant prior to the public hearing with the Planning Commission.
a. The applicant shall inform the Administrator and adjacent property owners in writing of
the date, time, and location of the meeting at least seven (7) but no more than 14 days in
advance.
b. The date, time, and location of the meeting shall be advertised in the County’s newspaper
of record by the applicant at least seven (7) but no more than 14 days in advance of the
meeting date.
c. The meeting shall be held within the County, at a location open to the public with
adequate parking and seating facilities which shall accommodate persons with disabilities.
d. The meeting shall give members of the public the opportunity to review application
materials, ask questions of the applicant, and provide feedback.
e. The applicant shall provide to the Administrator a summary of any input received from
members of the public at the meeting.
(4) Existing Facilities Inventory. Each applicant for a tower shall provide an inventory of its existing
facilities that are either within the jurisdiction of the governing authority or within five (5)
miles of the border thereof, including specific information about the location, height, and
design of each tower.

43

Editor’s Note: Added as new provisions for community meetings, similar to Solar developments.

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(5) Concept Plan. A Concept Plan of the proposed facility shall be included in the submittal. The
applicant shall provide the County with detailed information regarding the proposed facility's
location, latitude and longitude, and service area.
(6) Approval Process and Time Restrictions. 44
a. For all tower applications, the following applies:
i.

Unless some other timeframe is mutually agreed upon, an application for a tower
shall be reviewed by the County and a written decision shall be issued within 150
days of a completed submission.

ii. Unless some other timeframe is mutually agreed upon, an application for collocation
shall be reviewed by the County and a written decision shall be issued within 90 days
of a completed submission.
iii. A complete application for a project shall be deemed approved if the County fails to
approve or disapprove the application within the applicable period specified or
mutually agreed upon.
b. For towers requiring a SUP, the following applies:
i.

The approving bodies, in exercise of the County’s zoning regulatory authority, may
disapprove an application on the grounds that the tower's aesthetic effects are
unacceptable, or may condition approval on changes in tower height, design, style,
buffers, or other features of the tower or its surrounding area. Such changes need not
result in performance identical to that of the original application.
(a). Factors relevant to aesthetic effects are: the protection of the view in sensitive or
particularly scenic areas, and areas containing unique natural features, scenic
roadways or historic areas; the concentration of towers in the proposed area;
and, whether the height, design, placement, or other characteristics of the
proposed tower could be modified to have a less intrusive visual impact.

ii. The approving bodies, in accord with Code of Virginia § 15.2-2316.4:2, as amended,
may disapprove an application based on the availability of existing wireless support
structures within a reasonable distance that could be used for co-location at
reasonable terms and conditions without imposing technical limitations on the
applicant.
iii. If the County disapproves an application, it shall provide the applicant with a written
statement of the reasons for disapproval. If the locality is aware of any modifications
to the project as described in the application that if made would permit the locality to
approve the proposed project, the locality shall identify them in the written
statement provided. The written statement shall contain substantial record evidence
and be publicly released within 30 days of the decision.

44

Editor’s Note: Proposed as new provisions.

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M. Structural Certification and Inspections. 45 All proposed towers shall be certified by a licensed
professional engineer to be structurally sound and in conformance with the requirements
Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA222-F), International Statewide Building Code and all applicable County, state, and federal laws.
(1) For new structures, or the extension of existing structures, such certification shall be
submitted prior to issuance of the building permit. For existing towers being utilized for colocation, certification shall be provided to verify its capability to support additional loading.
(2) Over the life of the tower, the County may require the tower owner to inspect and certify the
structural integrity of the tower should there be a reason to believe that the tower has
degraded to the point where it is believed to pose a legitimate threat to life and/or property.
Structural analysis shall be performed within 30 days, upon formal written request of the
County.
(3) The County reserves the right to perform inspections upon reasonable notice to the tower
owner. The County and its agent retain authority to enter onto the property for the purpose
of assessing compliance with the statewide building code and all other construction standards
provided by the County Code and federal and state law. If defects had been identified on
previous inspections, the County may, at its discretion, require the tower owner to bear the
cost of the inspection.
(4) The tower or telecommunication facilities owner shall certify to the County on an annual basis
that it is in compliance with all of the requirements set forth above.
N. Review Fee. Any out-of-pocket costs incurred by the County for the review of any of the above
required information shall be reimbursed by the tower owner.
O. Bond. To secure the removal of abandoned structures, the County shall require the tower owner
to post a bond, or provide some other reasonable assurance, in an amount to be determined by
the County based upon the anticipated removal cost of the tower.
P. Abandoned Towers.
(1) Any tower that is not operational for a continuous period of 24 months shall be considered
abandoned, and the owner of each such antenna or tower shall remove the tower.
a. Removal includes the removal of the tower, all tower and fence footers, underground
cables, and support buildings. The buildings may remain with the owner’s approval.
b. If there are two (2) or more users of a single tower, then this provision shall become
effective when all users cease using the tower.
c. The County may dismantle and remove the tower and recover the cost of the same from
the owner.
d.

45

In the event that the Bond amount is insufficient to cover the cost of removal, the County
reserves the right to seek the remaining balance from the owner.

Editor’s Note: Proposed as new provisions.

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Section 7-4-5. Telecommunications Facility, Small Cell. 46
A. In accordance with Code of Virginia § 15.2-2316.4, as amended, small cell telecommunications
facilities shall be permitted by-right in all zoning districts in accordance with Article 6, Use Matrix,
of this Ordinance, subject to the following general performance standards.
B. Installation.
(1) The small cell telecommunications facility shall be installed by a wireless services provider or
wireless infrastructure provider on an existing structure.
(2) The wireless services provider or wireless infrastructure provider has obtained permission
from the owner of the existing structure to collocate the small cell telecommunications facility
on the existing structure and to collocate the associated transmission equipment on or
proximate to the existing structure.
(3) Each antenna is located inside an enclosure of, or the antenna and all its exposed elements
could fit within an imaginary enclosure of, no more than six (6) cubic ft.; and
(4) Excluding electric meter, concealment, telecommunications demarcation boxes, backup power
systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable
runs for the connection of power and other services, all other equipment associated with the
facility does not exceed 28 cubic ft., or such higher limit as may be established by the Federal
Communications Commission.
C. Height.
(1) Wireless support structures or structures to support wireless facilities shall not exceed the
following heights:
a. Base stations shall not exceed ten (10) ft. in height.
b. Collocations on existing wireless support structures shall not result in a substantial change
to the existing structure.
c. Micro-wireless facilities shall not result in any change to the height of any existing
structure.
d. New small cell and micro-wireless facilities located on structures not originally or
primarily designed as wireless support structures, including wireless support structures
that are replacements of existing structures that continue or do not substantially change
the preexisting use, other than on utility poles or towers shall not result in a change to
the structure that expands its height by more than five (5) ft.
e. Wireless support structures shall not exceed 125 ft. in height.
f.

No collocation on a utility tower shall result in a substantial change to the utility tower.

D. Setbacks. The following setbacks shall apply:

46

Editor’s Note: Items A. and B. are proposed as new provisions, primarily to align with Code of Virginia
requirements. Items C. through F. are retained verbatim from the existing Ordinance.

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(1) Base stations shall have a setback of at least 30 ft. from front and rear lot lines and ten (10) ft.
from side lot lines.
(2) Collocations on existing wireless support structures shall not result in a substantial change to
the existing structure.
(3) Micro-wireless facilities shall not result in any change to the setbacks of any existing structure.
(4) New small cell and micro-wireless facilities located on structures not originally or primarily
designed as wireless support structures, including wireless support structures that are
replacements of existing structures that continue or do not substantially change the
preexisting use, other than on utility poles or towers shall not result in a change to the
structure that would violate its setbacks provided in this Ordinance, nor result in the increase
in any existing lawful nonconformity of such structure.
(5) Small wireless facilities and support structures shall have a setback of 100% of their height.
E. Performance Standards.
(1) Base stations.
a. Base stations shall not exceed 100 sq. ft.
b. Base stations shall be screened from view, in accordance with Article 8, Community
Design Standards, of this Ordinance.
i.

Plantings shall be a minimum mature height of six (6) ft. at time of installation and
cover at least 50% of outward-facing fence or wall surfaces, exclusive of gates and
other openings.

(2) Collocations on existing wireless support structures shall not defeat, and shall conform to,
existing stealth or camouflaging characteristics of such structure.
(3) Small cell and micro-wireless facilities shall be painted a neutral color matching the structure
to which it is attached and/or contained inside of a camouflaging structure and shall blend
into the structure to which it is attached.
(4) New small cell and micro-wireless facilities located on structures not originally or primarily
designed as wireless support structures, including wireless support structures that are
replacements of existing wireless support structures that continue or do not substantially
change the preexisting use, other than on utility poles or towers, shall be located within
camouflaging or stealth structures.
(5) Small cell and micro-wireless facilities located on utility poles, on light poles, or on other new
wireless support structures shall be camouflaged.
(6) Wireless support structures shall be either monopole structures or camouflaged structures.
a. Guyed wire and trussed structures are prohibited.
b. Permissible camouflaged structures include, but are not limited to:
i.

Monopoles that extend not more than ten (10) ft. above the tallest mature tree
within a 200 ft. radius;
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ii. Freestanding church bell towers not more than 80 ft. in height; and
iii. Grain silos not more than 100 ft.in height.
(7) Applicants are encouraged to submit and obtain preapproval for alternative camouflaging
schemes. Monopoles shall be painted a neutral color designed to blend in with the natural or
built environment.
F. Special provisions.
(1) Facilities that are within the jurisdiction of the Surface Transportation Board are exempt from
this Section.
(2) Wireless facilities in prescriptive rights-of-way shall obtain the consent of the owner of the
underlying land in order to satisfy the requirements contained herein.
(3) In the event the fee of the land underlying a public right-of-way is owned by the
Commonwealth of Virginia, and the Commonwealth refuses to give permission for use of its
property prior to the issuance of a site plan approval under this Section, such Site Plan
approval shall be understood to be contingent upon the Commonwealth's approval of the
siting.
a. If the applicant does not obtain the approval of the Commonwealth within six (6) months
following approval of the Site Plan, such Site Plan is void.
(4) If a land use permit is required and the applicant does not obtain the permit from the
Commonwealth within six (6) months following approval of the Site Plan, such Site Plan is
void.
G. Application and Review. 47
(1) A wireless services provider or wireless infrastructure provider may submit up to 35 permit
requests for small cell telecommunications facilities on a single application. Permit application
fees shall be in accordance with Code of Virginia § 15.2-2316.4, Paragraph B (2) of the Code
of Virginia, as amended.
(2) Permit applications for small cell telecommunications facilities shall be reviewed and approved
as follows:
a. Permit applications for the installation of small cell telecommunications facilities shall be
approved or disapproved within 60 days of receipt of the complete application. The 60day period may be extended by staff upon written notification to the applicant, for a
period not to exceed an additional 30 days.
b. Within ten (10) days of receipt of an application submission and a valid electronic mail
address for the applicant, the applicant shall receive an electronic mail notification if the
application is incomplete. If the application is determined to be incomplete, the
notification shall specify the missing information which needs to be included in a
resubmission in order to be determined complete.

47

Editor’s Note: Materially the same as that which is provided in the existing Ordinance.

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c. Any disapproval of the application shall be in writing and accompanied by an explanation
for the disapproval. The disapproval may be based only on any of the following reasons:
i.

Material potential interference with other pre-existing communications facilities or
with future communications facilities that have already been designed and planned
for a specific location or that have been reserved for future public safety
communications facilities;

ii. Public safety or other critical public service needs; and/or
iii. In instances where the installation is to be located on or in publicly owned or publicly
controlled property (excluding privately owned structures where the applicant has an
agreement for attachment to the structure), aesthetic impact or the absence of all
required approvals from all departments, authorities, and agencies with jurisdiction
over such property.
d. A permit application approval shall not be unreasonably conditioned, withheld, or
delayed.
e. An applicant may voluntarily submit, and staff may accept, any conditions that address
potential visual or aesthetic effects resulting from the placement of small cell facilities.
f.

The submission of a permit application shall represent a wireless services provider’s or
wireless infrastructure provider’s notification to the County as required by Code of
Virginia § 15.2-2316.4(A).

Section 7-4-6. Utility Service, Major.
A. General.
(1) No major utility service shall be located within 250 ft. of an existing dwelling unit.
(2) Buildings and facilities shall be designed and constructed to be compatible with the
surrounding area.
a. All buildings and facilities in residential primary zoning districts, as established by Article
IV, District Standards, of this Ordinance, residential planned districts, or the VOD, Village
Overlay District, shall be screened from any adjacent right-of-way by a building or an
opaque fence or wall, in accordance with Article 8, Community Design Standards, of this
Ordinance.
(3) Sewer and water utility services shall be designed with a service area and capacity consistent
with the purposes of the respective zoning district.
(4) Any utility infrastructure, including but not limited to towers, transformers, and transmission
lines, which are abandoned, damaged, in a state of disrepair, or otherwise in a state
threatening the general public health, safety, and welfare, shall be required, by the
Administrator, to be removed within a reasonable time period.

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B. Off-Site Mass Drainfields and Off-Site Wells, Water Tanks, and/or Water Systems. 48
(1) Compliance. All off-site mass drainfields and off-site wells, water tanks, and/or water systems
shall be in accordance with all applicable VDH standards and regulations.
(2) Application.
a. For off-site mass drainfields:
i.

The application shall include a preliminary soils report verifying the feasibility of mass
drainfields on the site.

b. For off-site wells, water tanks, and/or water systems:
i.

The application shall include a description of the withdrawal rates, storage capacity,
and water treatment facilities.

c. Acceptance of the report(s) and approval of a SUP(s) shall not be deemed to replace or
substitute for VDH approval.
(3) Approval.
a. No SUP shall be approved for off-site mass drainfields unless:
i.

The permit includes an approved primary drainfield and an approved reserve
drainfield or such additional area or appurtenant easement capable of providing
100% of the capacity of such primary drainfield.

ii. The system meets the applicable requirements for sanitary sewer facilities as set forth
in Chapter 22 of the Franklin County Code.
iii. The applicant and/or owner agree to connect to a public utility should it become
available.
b. No SUP shall be approved for off-site wells, water tanks, and/or water systems unless:
i.

The system meets the applicable requirements for water facilities as set forth in
Chapter 22 of the Franklin County Code.

ii. The applicant and/or owner agree to connect to a public utility should it become
available.
c. Any SUP for a utility pursuant to this Section shall be limited to the size and capacity
required to serve the principal use explicitly described in the SUP application and to
which the utility is appurtenant.
i.

After approval of the SUP, the utility shall not be connected to serve any other parcel
of land or use, nor shall it be further expanded in size or capacity unless and until a
revised SUP has been approved by the Board of Supervisors for the expansion.

48

Editor’s Note: Provisions retained from Sec. 25-144 and 25-145 of the existing Ordinance. Provisions have
been combined and streamlined to reduce text.

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ii. Any replacement shall be limited to the size and capacity required to serve the
existing principle use, and shall not be further expanded unless and until a revised
SUP has been approved by the Board of Supervisors for the expansion.
(4) Access.
a. Prior to construction, the area in which the utility lies shall be an easement in perpetuity
appurtenant to the parcel upon which the structure to be served is located, in accordance
with the sewage handling regulations of the VDH.
b. Prior to construction, such easement shall be shown on a survey prepared by a licensed
land surveyor, be recorded among the land records of Franklin County, and be
permanently monumented in the field.
c. Access for sewage conveyance lines or water lines to reach the off-site utility from the
subject property shall be an easement at least 15 ft. in width and shall be shown on the
plat that identifies the off-site drainfield easement.
i.

For properties adjacent to state-maintained roads, the County shall determine the
width of easements on a case by case basis based on the recommendation of the
VDH and VDOT.

DIVISION 7-5. COMMERCIAL USE STANDARDS
Section 7-5-1. Adult Use. 49
A. Purpose. The purpose of this section is to regulate adult uses in order to promote the health,
safety, and general welfare of the citizens of the County and to establish reasonable and uniform
regulations to prevent the deleterious secondary effects of adult uses within the County. The
requirements of this Ordinance have neither the purpose nor effect of imposing a limitation or
restriction on the content or reasonable access to any communicative materials, including
sexually oriented materials. Similarly, it is neither the intent nor effect of this Ordinance to restrict
or deny access by adults to sexually oriented materials protected by the First Amendment, or to
deny access by the distributors and exhibitors of sexually oriented entertainment to their
intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the
distribution of obscene materials.
B. Findings. Based on evidence of the adverse secondary effects of adult uses, and on findings,
interpretations, and narrowing constructions incorporated in numerous legal cases, it is
recognized that:
(1) Adult uses, as a category of commercial uses, are associated with a wide variety of adverse
secondary effects including, but not limited to, personal and property crimes, prostitution,
potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug
trafficking, negative impacts on surrounding properties, declining property value, urban
blight, litter, and sexual assault and exploitation.

49

Editor’s Note: Item D. is materially the same as provided in the existing Ordinance. All other provisions for this
use are new.

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(2) Adult uses should be separated from sensitive land uses, including schools, churches, parks,
libraries, public recreation areas, and residential areas, to minimize the impact of their
secondary effects upon such uses and should be separated from other sexually oriented
businesses to minimize the secondary effects associated with such uses and to prevent an
unnecessary concentration of sexually oriented businesses in one area.
(3) Each of the foregoing negative secondary effects constitutes a harm, which the County has a
substantial government interest in preventing and/or abating. This substantial government
interest in preventing secondary effects exists independent of any comparative analysis
between adult uses and non-adult uses. Additionally, the interest in regulating adult uses to
prevent future secondary effects of either current or future adult uses that may locate in the
County. The County finds that the cases and documentation relied on in this Ordinance are
reasonably believed to be relevant to said secondary effects.
C. Establishment. The establishment of an adult use as referred to herein includes the opening of
such use as a new use, the relocation of such use, the enlargement of such use in either scope or
area, or the conversion, in whole or part, of an existing business into an adult use.
D. Measurements of Distance. 50 All distances specified in this section shall be measured from the
property line of one use to another. The distance between an adult use and a residential district
or use shall be measured from the property line of the use to the nearest point of the boundary
line of the residential district or use.
(1) No adult use shall be established within three (3) miles of any other adult use in any zoning
district.
(2) No adult use shall be established within 2,000 ft. of any existing residential use; religious
assembly; educational facility; park; recreational facility; day care center; or community
center as defined in Article 10, Definitions, of this Ordinance.
E. Hours of Operation. No adult use shall be open:
(1) More than 72 hours in any week (a week being consecutive days from Sunday to Saturday);
(2) More than 12 hours within any 24-hour period; or
(3) Prior to 9 a.m. or later than 11 p.m.
F. Signs.
(1) All signs shall be in accordance with the regulations of Article 8, Community Design Standards,
of this Ordinance. 51
(2) No adult use shall display adult media, depictions of specified sexual activities, or specified
anatomical areas in its window, or in a manner visible from the street, highway, or public
sidewalk, or the property of others.

50

Editor’s Note: Considering the size of the County and location of DGAs, recommend considering increasing the
distances in this item; a suggestion would be 3 miles for (1) and 2,000 ft. for (2). These changes made per
County comments received 1/16/26.
51
Editor’s Note: “Any” changed to “all” per County comments received 1/16/26.

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(3) All window areas shall remain fully transparent.
(4) Signs shall not include graphic or pictorial depiction of material available on the premises.
G. Additional Standards.
(1) All owners, managers, and employees shall be at least 18 years of age.
(2) The owner or operator shall provide adequate lighting, which is sufficient for clear visual
surveillance, for all entrances, exits, and parking areas serving the business, and all areas of
the establishment where business is conducted, and lighting shall comply with Article 8,
Community Design Standards.

Section 7-5-2. Automobile Sales and Rental; Automobile Service, Major;
Automobile Service, Minor.
A. Development Standards.
(1) All principal and accessory structures shall comply with the district

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