69 OVERLAY ZONING DISTRICTS HHO—Hillside Hillcrest Overlay District 04 Chapter Franklin Zoning Ordinance Effective January 1, 2022 of Building and Neighborhood Services may make an exception in extraordinary circumstances (e.g. weather-related emergencies, natural disasters) and may impose conditions as necessary to ensure compliance with Section 17.2, Tree Protection. C. Grading shall be prohibited, except as it relates to: 1. Development permitted pursuant to Subsection 4.4.6, Lots, Uses, and Structures Established Prior to the Effective Date of this Ordinance; and 2. Public infrastructure as identified in Connect Franklin and any associated retaining walls. D. Grading associated with Paragraph 4.4.5.C above shall be minimized by following existing contours. 4.4.6 Lots, Uses, and Structures Established Prior to The Effective Date of this Ordinance There exist lots of record, uses of land, and structures within the HHO that were lawfully established before the effective date of this Ordinance that now do not conform to its terms and requirements. Such lots, uses, and structures shall comply with Chapter 2, Nonconformities, and the following: A. Grading shall be minimized by following existing contours; B. Development shall be prohibited on natural slopes of 20 percent or greater; C. Tree removal shall be prohibited on natural slopes of 14 percent or greater; D. The maximum slope permitted on a driveway shall be 14 percent and shall have landings at the top and bottom to prevent vehicles from scraping pavement. Driveways with lengths of longer than 100 feet may require a reduced slope, subject to approval by the Fire Department. Driveway approaches shall be in accordance with the Transportation and Street Technical Standards; and E. Structures shall be designed so that roof and exterior wall colors are a non-reflective neutral tone designed to minimize the appearance of the structure as viewed from locations at lower elevations. If an applicant demonstrates that the structure will not be visible from arterial streets, I-65, or Mack Hatcher Parkway, then this standard shall not apply.
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