Franklin zoning update spotlights proposed vape-shop limits and a heated debate over floodplain timing
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Summary
At a Nov. 11 work session staff previewed Ordinance 2025-25 with amendments for overlays, the HG Hill area and proposed vape-shop restrictions; members also debated whether to keep or shorten the floodplain 'cumulative' window from five years to one year, with staff advising caution pending state guidance.
Franklin — Planning staff presented the city’s annual zoning update and two of the session’s most contested topics — proposed regulations for vape shops and a debate over floodplain substantial-improvement timing — at the Board of Mayor and Aldermen work session on Nov. 11.
Kelly, planning staff, said Ordinance 2025-25 carries a series of text amendments and map changes requested as part of the routine annual update, including removing a city-owned 54-acre parcel from a proposed historic-preservation overlay and aligning zoning text with Envision Franklin to allow three stories with a 10-foot stepback on the HG Hill property along Columbia Avenue.
Vape shops: Joel, the staff planner who led the research presentation, said many peer cities are moving to define and limit specialty vape shops because of concerns about proximity to schools, daycares and residential neighborhoods. "These vape shops...are opening up near schools, residential neighborhoods, day cares," Joel said, explaining staff proposed a definition that would classify a vape shop as a retail business that receives at least 50% of gross sales from vaping-related products or devotes at least 25% of floor area to them. Planning recommended allowing new vape shops only in heavy industrial zones and applying a 500-foot buffer from civic/institutional uses, dwellings, daycares or other vape shops; existing stores would be grandfathered unless they discontinue operations for 30 months.
Board members raised concerns about clustering, grandfathering and enforcement. Alderman Blanton and others said the city already regulates signage and wanted more review of local examples before adopting broad prohibitions; Alderman Baggett cited police-call issues at one downtown site and urged restrictions. Staff said mapping of existing locations and a closer local review would be included as part of the process and noted the Tennessee Alcoholic Beverage Commission will begin regulating hemp-related retail and employee permitting in January, requiring additional compliance by retailers.
Floodplain timing: Shannon, the staff floodplain specialist, reviewed the substantial-damage and substantial-improvement standard that is triggered when cumulative improvements or damage equal 50% of a structure’s value. Staff recommended retaining the current five-year cumulative period rather than moving to a one-year reset, saying the state model ordinance is expected to favor five years and that FEMA/state guidance limits local carve-outs. Alderman Baggett and several members argued a one-year reset would avoid penalizing routine maintenance and could make it less likely that owners avoid permits; others worried a shorter window could undercut floodplain resilience objectives. No final action was taken at the work session; staff recommended awaiting the state model ordinance update and additional information.
What’s next: the ordinance will return for additional review and the board will see a second reading and public hearing later the same evening (work-session preview), with staff to provide mapping and further details on proposed vape-shop boundaries and the floodplain-rule rationale.
