02 16 Chapter NONCONFORMITIES Nonconforming Structures Franklin Zoning Ordinance Effective January 1, 2023 2.2.4 Short-Term Vacation Rentals A. The use regulations governing short-term vacation rentals within this Ordinance do not apply to property that was legally established and issued a permit as a shortterm vacation rental, as defined by T.C.A. § 13-7-602, prior to the effective date of this Ordinance, until this grandfathering is terminated per Paragraph 2.2.4.B below. B. In accordance with T.C.A. § 13-7-603, shortterm vacation rentals that were legally established and issued a permit prior to the effective date of this Ordinance are subject to the law in place at the time that the property was being used as a shortterm vacation rental, until the property is: 1. Sold; 2. Transferred; 3. Ceases being used as a short-term vacation rental for a period of 30 continuous months; or 4. Has been in violation of generally applicable local laws three or more separate times, as provided by T.C.A. § 13-7-604. C. If ownership of a short-term vacation rental changes to a family member (persons related by blood, marriage, civil union, or adoption), grandfathering protections will continue. 2.3 Nonconforming Structures 2.3.1 Applicability This Section shall apply to nonconforming structures, other than signs and towers. See Subsection 15.1.11, Nonconforming Signs, or Clause 5.1.4.T.15, Nonconforming Towers, as applicable. 2.3.2 Repair and Maintenance of a Nonconforming Structure Routine maintenance, stabilization, or restoration to a safe condition of any part of a nonconforming structure is permitted in accordance with this Chapter. 2.3.3 Expansion of a Nonconforming Structure A nonconforming structure may be expanded, provided the following is met: A. The nonconforming structure shall not be enlarged, expanded, or altered in a way that increases the degree of nonconformity. Any proposed expansion must conform to all other applicable standards of this Ordinance. For example: 1. For a building that is located five feet from a side lot line, where this Ordinance requires a ten foot minimum side yard setback, any building addition or increase in building height must comply with the ten-foot setback; and 2. For a building that is entirely within a required front yard setback, any building addition must occur only to the rear of the building. B. The type, size, and intensity of the proposed expansion, such as the size of the site and the location of the nonconforming structure upon it, will be adequate with respect to minimizing any negative impacts on adjoining lots and avoiding nuisances to
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