2.010 Scope

2.020 Definitions

For the purpose of this ordinance and in order to carry out the provisions and intentions

as set forth herein, certain words, terms, and phrases are to be used and interpreted as

follows:

a. The word "person" includes a firm, association, organization, partnership,

trust, company, or corporation as well as an individual.

b. The present tense includes the future tense, the singular number includes

the plural, and the plural number includes the singular.

c. The word "shall" is mandatory.

d. The word "may" is permissive.

e. The words "used" or "occupied" includes the words "intended", "designed",

or "arranged to be used" or "occupied".

f. The word "lot" includes the words "plot" or "parcel."

The following words, terms, and phrases are hereby defined as follows and shall be

interpreted as such throughout this Zoning Ordinance. Terms not herein defined shall

have their standard dictionary definition or such as the context may imply.

pedestrians and vehicles to enter and leave property.

is incidental to that of a principal building and located on the same lot therewith.

principal use of land or buildings and located upon the same lot therewith.

or other device designs used or intended for advertising, whether placed on the ground,

rocks, trees, tree stumps, or other natural structures or on buildings, structures,

milestones, signboards, wallboard, roofboard, frames, supports, fences or other manmade

structure, and any such advertising is a structure within the meaning of the word

"structure" as utilized in this ordinance.

Art. II-2

growing of crops in the open, dairying, grazing, the raising and maintaining of poultry

and other livestock, horticulture viticulture, floriculture, forests, and wood, provided,

however, all health codes of Eagleville are complied with. The feeding or disposal of

community or collected garbage to animals shall not be deemed an agricultural use nor

shall commercial feed lots, meat manufacturing, or similar food processing uses.

normally required in the operation of agricultural uses.

means of vehicular access to the back or side of properties otherwise abutting a street,

and which may be used for public utility and public service purposes.

in the structural parts, or an enlargement, whether by extending a side or by increasing

its height or structural changes, other than repairs, that would affect safety. The term

"alter" in its various modes and tenses and its practical forms, refers to the making of an

alteration.

of the principal building and all necessary buildings exclusive of uncovered porches,

terraces, and steps.

vehicles, trailers, or parts thereof. Any lot or place of business which is exposed to

weather and upon which more than five (5) motor vehicles of any kind, incapable of

being operated, and which it would not be economically feasible to make operative are

placed, located, found.

front of a structure.

measurement, a basement shall be counted as a story when more than one-half (1/2) of

its height is above the average ground elevation or when subdivided and used for

commercial activities.

generally a single family dwelling, primarily engaged in providing overnight or otherwise

temporary lodging for the general public and may provide meals for compensation.

greenbelt shall be composed of one (1) row of evergreen trees, spaced not more than

forty (40) feet apart and not less than two (2) rows of shrubs or hedges, spaced not

more than five (5) feet apart and which grow to a height of five (5) feet or more after one

(1) full growing season and which shrubs will eventually grow to not less than ten (10)

feet.

Art. II-3

tents, lunch wagons, dining cars, mobile homes or trailers, and similar structures

whether stationary or movable.

side yards, and the building setback line.

of the lot on which it is situated. In any residential district any dwelling shall be deemed

to be a main building on the lot on which it is situated.

between the property line and a building on a lot, within which no building or other

structure shall be placed, except as, otherwise, provided.

distance between the street right-of-way, or if an official future street right-of-way has

been established, from that future street right-of-way line, and the front of a building on

a lot. The front building setback line extends the full width of the lot and is parallel to the

street right-of-way.

between the rear property line and a building on a lot (other than for permitted

accessory structures). The rear setback line extends the full width of the lot.

the side property line and a building on a lot. The side setback line extends from the

front building setback line to the rear building setback line.

other and to open areas and lot lines.

occupancy by campers or for occupancy by camping trailers, tents, or movable or

temporary dwellings, rooms, or sleeping quarters of any kind.

selling of commodities and services; a business use or activity at a scale greater than

an incidental home occupation involving retail or wholesale marketing of goods and

services for the public.

not be appropriate generally or without restriction throughout the zoning districts but

which, if controlled as to number, area, location, or relation to the neighborhood, would

promote the public health, safety, welfare, morals, order, comfort, convenience,

appearance, prosperity, or general welfare. Such uses may be permitted in such zoning

district as conditional uses, when specific provisions for such use is made in this

ordinance. For the purposes of administration of this ordinance, conditional uses shall

be construed as synonymous with special exceptions, as controlled by Section

13-7-207, Tennessee Code.

Art. II-4

tobacco, and magazines. The dispensing of petroleum products may be included as

accessory to convenience food products retailing.

recurrently, such as barber and beauty care; and includes the operation of self-service

laundromats but excludes other apparel, cleaning and repair services.

primarily to its membership or social amenities: golf, riding, clubhouse, pool, dining

facilities, lounge.

including the area covered by all overhanging roofs.

unrelated young children for general care, exercise, play or observation.

young children for general care, exercise, play or observation.

including but not limited to buildings or other structures, mining, dredging, filling,

grading, paving, excavating, or drilling operations. Agricultural activities such as

plowing or cultivating and gardening activities are not included in this definition of

development.

outside the corporate limits of any municipality for which the regulations governing the

use of land, density, bulk, height, and coverage of buildings and other structures are in

force.

categories:

used, designed, or adapted for use by a single household.

designed, or adapted for use by two (2) households, the living quarters of each of

which are completely separate.

principally used, designed, or adapted for use as occupancy by three (3) or more

households each of which has separate living quarters.

designed, or adapted to provide living accommodations for not more than six (6)

occupants and without owner-provider cooking and dining facilities.

designed, or adapted to provide living accommodations for not more than six (6)

occupants and having common cooking and dining facilities.

Art. II-5

nondetached dwelling units separated by a common vertical wall.

or more dwelling units separated by a common vertical wall.

following characteristics:

(1) Designed for long-term occupancy, and containing sleeping

accommodations, a flush toilet, a tub or shower bath, and kitchen facilities

with plumbing and electrical connections provided for attachment to

outside systems.

(2) Constructed as a single self-contained unit and mounted on a single or

combined chassis transportable after fabrication on its own wheels or

detachable wheels.

(3) Arriving at the site where it is to be occupied as a dwelling complete,

including major appliances and furniture, and ready for occupancy except

for minor and incidental unpacking and assembly operations, location on

foundation supports, connection to utilities, and the like.

offsite, designed to be transported on a flat-bed truck or trailer, provided that it is

installed on a permanently enclosed concrete or masonry foundation, with sewer

and water connections designed for permanent connection to municipal or

sanitary or onsite systems, and permanently connected to such systems. Such

structures are distinguished from mobile homes as described elsewhere in this

ordinance when they have a minimum gross floor of six hundred (600) square

feet and have no horizontal exterior dimensions of less than fifteen (15) feet not

including porches or carports. When such a structure meets the above stated

requirements it shall qualify as a single detached dwelling.

all members are related by blood or marriage, no such family (expecting as set forth

below) shall contain over five (5) persons, but further provided that domestic servants

employed on the premises may be housed on the premises without being counted as a

family or families, and that four (4) or less boarders, including roomers, may be

accommodated. The term "family" shall not be construed to mean a fraternity, sorority,

club, or institutional group. The term family, as used in this ordinance, shall be

construed to include groups of eight (8) or fewer unrelated mentally retarded or

physically handicapped persons and with two (2) additional persons acting as

houseparents or guardians who need not be related to each other or to any of the

mentally retarded or physically handicapped persons residing in the house. (See

Chapter 24, of Title 13, Tennessee Code.)

basements and cellars, below the roof and within the outer surface of the main walls of

principal or accessory buildings or the center lines of party walls separating such

buildings or portions thereof, or within lines drawn parallel to and two (2) feet within the

Art. II-6

roof line of the building or portions thereof without walls, but excluding in the case of

nonresidential facilities; arcades, porticoes, and similar open areas which are accessible

to the general public, and which are not designed or used as sales, display, storage,

service, or p roduction areas.

(crossing or terminating) measured along the line of the street, of if the street is dead

ended, then all the property abutting on one side between an intersecting street and the

dead end of the street.

utilized for the retail sale of gasoline, oil, or automobile accessories, and incidental

services including facilities for lubricating, hand car washing and cleaning, or otherwise

servicing automobiles, but not including painting or major repair.

grades as shown on official plans or designs relating thereto.

unrelated young children for general care, exercise, play or observation.

Conservation.

ground elevation or finished grade at the building line, whichever is the highest, to the

highest point of the building or structure.

materials or products predominately from extracted or raw materials, or a use engaged

in storage of or manufacturing processes using flammable or volatile materials, or

processes that potentially involve hazardous or commonly recognized offensive

conditions.

prepared materials, of finished products or parts, including processing, fabrication,

assembly, treatment, packaging, incidental storage, sales, and distribution of such

products, but excluding basic industrial processing.

primarily for the collecting, storing, and selling of waste paper, rags, scrap metal, or

discarded material; or for the collecting, dismantling, storing and salvaging of machinery

or vehicles not in running conditions for the sale of parts thereof.

ground cover, or materials.

Art. II-7

included in a planned unit development. The holder of an option or contract to

purchase, a lessee having a remaining term of not less than fifty (50) years in duration,

or other person having an enforceable proprietary interest may be considered a

"landholder" for the purpose of this ordinance.

height clearance providing for the standing, loading, or unloading of a truck or other

vehicle.

lots of records, occupied or to be occupied by one or more principal building and

accessory buildings, including the open spaces required under this ordinance.

a street, provided that the interior angle at the intersection of two (2) such sides is less

than one hundred thirty-five (135) degrees.

measured in the general direction of the sidelines of the lot.

excluding the side dimension of a corner lot.

county register of deeds, or a lot described by metes and bounds, the description of

which has been recorded in the office of the county register of deeds prior to the

effective date of this ordinance.

its depth.

housed and furnished with meals and continuing nursing care for compensation

or fee.

ill and afflicted human out-patients, provided, however, that patients are not kept

overnight except under emergency conditions.

medical care for sick or injured and including related facilities such as

laboratories, out-patient facilities, emergency medical services, and staff offices

which are an integral part of the facility.

Art. II-8

public health services.

self-contained units leased to individuals, organizations, or businesses for self-storage

of personal property, with no commercial transactions other than the rental of the

storage units.

as herein defined are placed, located or maintained, and shall include all accessory

buildings used or intended to be used as part of the equipment, thereof.

enactment of this ordinance which does not conform to the regulations of the district in

which it is located.

causing injury to living organisms, chemical reactions, or detrimental affects upon the

social, economic or psychological well-being of individuals.

unoccupied and unobstructed by structures from the ground to the sky except as

otherwise provided in this ordinance.

and a person having a vested or contingent interest in the property in question.

for drives and aisles for maneuvering and obtaining access, and for entrance and exit.

having an area of not less than one hundred sixty-two (162) square feet exclusive of

passageways and driveways giving access thereto, and having access to a street or

alley.

adhering to a master development plan and located on a single tract of land, or on two

(2) or more tracts of land which may be separated only by a street or other right-of-way.

on which it is situated. In any residential district, any dwelling shall be deemed the

principal structure on the lot on which the same is situated. Carports and garages if

permanently attached to the principal structure shall be deemed a part of the principal

structure. Awnings, porches, patios, or similar attachments shall be deemed a part of

the principal structure with two meeting any yard requirement.

engineer, planner, accountant, or similar professions.

Art. II-9

buildings, not including public land or buildings devoted solely to storage and

maintenance of equipment and materials.

accessory uses that are used primarily for residence.

facilities including ditches and curbs and gutters, which is used to transport motor

vehicles.

of solid waste or refuse in a manner which meets the regulations imposed upon the

operation and maintenance of sanitary landfill sites by the State Department of

Environment and Conservation.

by, a non-profit, religious, governmental, academic, or charitable institution that provides

educational, cultural, recreational, religious, or other similar types of public services.

developed, and managed as a single unit, with an automobile storage area provided on

the property; the center must also be related in location, size, and type of businesses to

its' trade area.

thereof or device attached thereto, or represented thereon, which shall display or

include any letter, words, model, banner, flag, pennant, insignia, or any representation

used as, or which is in the nature of, an announcement, direction or advertisement. The

word "sign" includes the word "billboard" or any other type of advertising device, but

does not include the flag, pennant, or insignia of any nation, state, city or other political

unit.

conducted on the premises.

square feet of display surface which is either erected on the ground or attached

to or supported by a building or structure.

which exhibits changing light or color effects, provided that revolving or rotating

signs which exhibit no changing light or color effects other than those produced

by revolution or rotation, shall be deemed flashing signs only if they exhibit

sudden or marked changes in such light or color effects.

light from an artificial source.

Art. II-10

is derived entirely from an external artificial source and is so arranged that no

direct rays of light are projected from such artificial source into residence or

streets.

not on the premises on which the sign is located.

on the premises on which the sign is located.

ground supported on a single post or pole most commonly associated with

gasoline service stations.

any building which projects out at any angle therefrom and projects more than

twelve (12) inches beyond the face of such wall.

marquee shall be known to mean a canopy or covered structure projecting from

and supported by a building, when such canopy or covered structure extends

beyond the building, building line, or property line.

valance, or advertising display constructed of wood, metal, cloth, canvas, light

fabric, cardboard, wallboard, or other light material, with or without frames, where

either by reason of construction or purpose the sign is intended to be displayed

for a short period of time only.

demonstrate to the satisfaction of the Board of Zoning Appeals that it will meet certain

standards, enumerated safeguards, or qualifying conditions.

the upper surface of the floor next above; or any portion of a building between the

topmost floor and the roof which is used for human occupancy in which the floor area

with eight (8) feet or more of head clearance equals less than fifty (50) percent of the

floor area of the story next below. Provided it is not used as a dwelling unit, a top floor

in which the floor area with eight (8) feet or more of head clearance equals less than

fifty (50) percent of floor are of the story next below shall be a "half-story". A basement

shall be considered as a story if more than one -half (1/2) of its height is above the

average ground level from which the "height of a building" is measured or if it is used for

commercial purposes.

constitute, the main access to more than one lot and which has been legally dedicated

and accepted for public use.

temporary basis and not become permanent.

Art. II-11

engaging in the temporary business of selling goods, wares, or merchandise from a

tent, vehicle, vending cart, or other area outside of a permanent structure. Temporary

outdoor sales must be secondary to or incidental to the principal permitted use or

structure existing on the property, and not incompatible with the intent of the district it is

located.

causing injury to living organisms even when present in relatively small amounts.

for travel, recreation, and vacation uses.

travel trailers for short periods of time.

or intended, or for which it is or may be occupied or maintained.

unobstructed by buildings from the ground to the sky except as otherwise provided in

this ordinance, provided that accessory buildings may be located in a rear yard.

nearest part of the principal building, including porches, and the front lot line.

nearest part of the principal building, including porches, and the rear lot line.

between the side lot line and the nearest point of the principal building and between the

front yard and the rear yard.

and enforcing the applicable building codes and standards for the City of Eagle ville,

Tennessee

3.010 Scope

3.020 Only One (1) Principal Building on Any Residential Lot

3.030 Lot Must Access to a Public Road

3.040 Reduction in Lot Area Prohibited

3.050 Rear Yard Abutting a Public Road

3.060 Corner Lots

3.070 Future Road Lines

3.080 Obstruction to Vision at Street Intersection Prohibited

3.090 Access Control

3.100 Accessory Use Regulations

3.110 Buffer Strips

For the purpose of the zoning ordinance, the following general provisions which shall

apply, except as specifically noted, to the city as a whole.

Only one (1) principal building and its accessory structures may hereafter be erected on

any residentially-zoned lot. This provision shall not apply to planned unit developments

and group housing developments as permitted in this ordinance. On lots used for

agricultural purposes which exceed fifteen (15) acres, up to two (2) additional dwelling

units may be located for persons employed thereon and their families. The site of each

dwelling unit shall meet all minimum lot and yard requirements of the district such that

the site can be subdivided from the remaining acreage if necessary.

All buildings and building lots shall have permanent access to a public road. This

access must meet one of the following criteria for access and be constructed to

maximize sight distance and limited to ensure that traffic congestion as a result of

turning movements is reduced to a minimum.

A. Residential lots located on existing roads or those constructed as a part of

a subdivision shall front on a accepted public road a minimum of fifty (50)

feet, unless the lot abuts a cul-de-sac in which case the frontage shall be

thirty (30) feet.

B. Individual residential lots are permitted that only has access provided by

thirty (30) foot ingress-egress easement. This easement shall only serve

one individual building lot and not be part of the required road frontage for

another lot.

Art. III-2

C. All commercial, industrial and other nonresidential uses are required to

have a minimum frontage of fifty (50) feet on any public road. Lots with

minimum frontage are encouraged to develop shared access points with

adding tracts, subject to approval by the planning commission.

D. Residential subdivisions or lots containing lots meeting the frontage

requirements set forth in A or B, in this section, but constructing a private

road to provide access to each are required to meet the following

standards.

1. Provide a separate thirty (30) foot ingress-egress easement for

these lots and construct a twenty (20) foot double bituminous drive

to each lot for access.

2. Obtain a driveway permit from the city and install a minimum fifteen

(15) inch culvert with headwalls as deemed necessary by the

zoning administrator. In cases where a larger culvert is needed,

the zoning administrator will determine the size of pipe.

3. All private roads shall provide adequate drainage along the

roadway and have all ditches stabilized to the requirements

established in the Subdivision Regulations.

4. Each development containing private roads must adopt a

permanent covenant containing a yearly assessment to each lot for

the maintenance of the road. Such covenants shall also contain

the provisions and requirements by which the owners may petition

the city to accept the private road as a public road.

5. Maintain a minimum separation of two hundred (200) feet between

any other easement or public road.

No lot, even though it may consist of one or more adjacent lots of record, shall be

reduced in area so that yards, lot area per family, lot width, building area, or other

requirements of the Zoning Ordinance are not maintained. This section shall not apply

when a portion of a lot is acquired for a public purpose.

No part of any yard or other open space or automobile storage area or loading or

unloading space provided about any building for the purpose of complying with these

regulations shall be considered as providing such space similarly required for any other

structure.

When the rear yard of a lot abuts a public road, all structures built in that rear yard shall

observe the same setback as required for adjacent properties which front on that road.

In addition, any structure located within twenty-five (25) feet of that setback line shall be

no closer to any side property line than the distance required for side yards on adjoining

properties fronting on that road.

Art. III-3

The side yard setback requirements for corner lots shall be the same as the front

setback requirements for the next adjacent lot fronting on the road that the side yard of

the corner lot faces.

For the purpose of providing adequate space for the future widening of roads, required

setbacks, or front yards, shall be determined by the right-of-way as shown on the latest

official Eagleville Major Thoroughfare Plan.

In all districts, on a corner lot within the area formed by the center lines of intersecting

roads and a line joining points on such center lines at a distance of ninety (90) feet from

the intersection, there shall be no obstruction to vision between a height of three and

one-half (3 1/2) feet and a height of ten (10) feet above the average grade of each road

at the center line thereof. This section shall not be deemed to prohibit any necessary

retaining wall.

In order to promote the safety of the motorist and pedestrian and to minimize traffic

congestion and conflict by reducing the points of contact, the following regulations shall

apply:

A. A point of access for vehicles onto a street shall not exceed thirty (30) feet

in width. In nonresidential districts, vehicular service uses may be

permitted points of access exceeding thirty (30) feet but not exceeding

forty (40) feet in width providing that they do not exceed fifty (50) percent

of their respective road frontage.

All points of access shall be constructed as to provide for proper drainage.

B. There shall be no more than two (2) points of access to any one public

street for each four hundred (400) feet of lot frontage, or fraction thereof,

provided, however, that lots less than one hundred (100) feet in width shall

have no more than one point of access to any one public street.

C. No point of access shall be allowed within twenty (20) feet of the right-ofway

line of a public intersection.

D. No curbs, or shoulders on city streets or rights-of-way shall be cut or

altered without approval of the Eagleville Street Department, or if a state

highway, a permit must be obtained from the Tennessee Department of

Transportation.

E. Where two (2) driveways are provided for one (1) lot frontage, the clear

distance between the driveways shall not be less than twenty-five (25)

feet.

Art. III-4

F. Cases requiring variances relative to the above provisions due to

topographic limitations shall be heard and acted upon by the Board of

Zoning Appeals, provided, further, that no curb cuts for off-street

automobile storage or parking space shall be permitted where the

arrangement would require that vehicles back directly into a public street.

The use of land, buildings, and other structures permitted in each of the districts

established by this ordinance are designed by listing the principal uses. In addition to

such principal uses, accessory structures which are customarily incidental to the

permitted principal uses are also permitted in each district. Each accessory use shall:

A. Be customarily incidental to the principal use established on the same lot.

B. Be subordinate to and serve such principal use.

C. Be subordinate in intent and purpose to such principal use.

D. Contribute to the comfort, convenience, or necessity of users of such

principal use.

Agricultural accessory buildings which are intended for boarding or raising of livestock

shall not be located within 200 feet of any adjacent residential or commercial building.

Where a use is established in areas zoned commercial or industrial which abuts at any

point upon property zoned residential or agricultural, the developer of said use shall

provide a landscaped buffer strip at the point of abutment. Buffers are required

between industrial and commercial districts. (See definitions section.) The buffer strip

shall be no less than ten (10) feet in width