ARTICLE IV
SUPPLEMENTARY PROVISIONS APPLYING TO SPECIFIC DISTRICTS
SECTION
4.010 Off-Street Parking Requirements
4.020 Off-Street Loading and Unloading Requirements
4.030 Temporary Use Regulations
4.040 Customary Incidental Home Occupations
4.050 Gasoline Service Station Restrictions
4.060 Swimming Pool Restrictions
4.070 Development Standards for Group Housing Projects
4.080 Standards for Signs, Billboards, and Other Advertising Structures
4.090 Development Standards for Automobile Wrecking, Junk,
and Salvage Yards
4.100 Development Standards for Cemeteries
4.110 Minimum Design Standards for Transmission and Communication Towers
and Stations
4.120 Development Standards for Mobile Home Parks
4.010 OFF-STREET PARKING REQUIREMENTS
Off-street automobile storage or standing space shall be provided on each lot upon
which any of the following uses are hereafter established. One (1) vehicle space shall
be one hundred sixty-two (162) square feet in size (9 feet x 18 feet) and such space
shall be provided with vehicular access to a street or alley. Handicapped parking
spaces shall be a minimum of twelve (12) feet, six (6) inches wide and located as near
as possible to building entrances or centrally located in parking lots between buildings.
A minimum of one (1) space for the handicapped shall be provided and in addition at
least one space per fifty (50) spaces shall be provided for the handicapped. The
number of parking spaces provided shall meet the minimum requirements for the
specific uses as set forth below:
A.
Single Detached Dwelling and Duplex: Not less than
two (2) spaces for
each dwelling unit.
B.
Apartment, Townhouse, and Condominium: Not less than
two (2)
spaces per dwelling unit.
C.
Boarding Houses and Rooming Houses: Not less than
one (1) space
for each (1) room to be rented.
D.
Other Dwelling Units: Not less than two (2) spaces
per dwelling unit.
E.
Hotels, Motels and Other Tourist Accommodations: Not
less than one
space for each room to be rented plus one (1) additional space for each
two (2) employees.
Art. IV -2
F.
Any Auditorium, Church, Stadium, or Other Place of Public
Assembly
: Not less than one (1) space for each four (4) seats provided
in such places of assembly. For places of public assembly where seating
is not a measure of capacity, such as clubhouses, funeral parlors, etc., at
least one (1) space for each two hundred (200) square feet of floor space
devoted to that particular use shall be provided.
G.
Manufacturing, Industrial or Wholesaling Use: Not
less than one (1)
space for each two (2) employees anticipated during maximum
production, with a minimum of five (5) spaces provided for any
establishment. For establishments maintaining space for the sale of
products at retail, there shall be provided one (1) parking space for each
five hundred (500) square feet of floor area devoted to retail sales.
H.
Office and Professional Buildings: Not less than one
(1) parking
space for each two hundred-fifty (250) square feet of office space, or
fraction thereof.
I.
Retail Sales and Service Establishments: Not less
than one (1) parking
space for each two hundred (200) square feet, or fraction thereof, of floor
space.
J.
Medical or Dental Clinic: Not less than four (4) spaces
per doctor, plus
one (1) additional space for each employee.
K.
Service Stations: Not less than five (5) spaces for
each grease rack or
service bay, or one (1) space for each fifteen hundred (1,500) square feet
of lot area of fraction thereof, whichever is greater.
L.
Restaurants: Not less than one (1) space per one hundred
fifty (150)
square feet of floor area, plus one (1) space for each two (2) employees.
For drive-in restaurants, one (1) space per one hundred (100) square feet
of floor area, plus one (1) space for each two (2) employees.
M.
Shopping Centers: Five and one-half (5 1/2) parking
spaces for each
one thousand (1,000) square feet of gross floor area.
N.
Other Structures or Uses Customarily Requiring Automobile Storage
Areas
: For buildings and uses not listed, the off-street parking
requirements shall be determined by the Board of Zoning Appeals.
4.011 Certification of Minimum Parking Requirement
Each application for a building permit shall include information as to the location
and dimensions of off-street parking spaces and the means of ingress and
egress to such space. This information shall be in sufficient detail to enable the
planning commission to determine whether or not the requirements of this
section are met.
Art. IV -3
4.012 Combination of Required Parking Spaces
The required parking space for any number of separate uses may be combined
in one lot, but the required space assigned to one use may not be assigned to
another use, except that the parking spaces required for churches, theaters, or
assembly halls whose peak attendance will be at night or on Sundays may be
assigned to a use which will be closed at night or on Sundays.
4.013 Requirements for Design of Parking Lots
A. Except for parcels of land devoted to one and two -family residential uses,
all areas devoted to off-street parking shall be so designed and be of such
size that no vehicle is required to back into a public street to obtain
egress.
B. Each parking space shall be no less than one hundred sixty-two (162)
square feet in area.
C. Entrances and exits for all off-street parking lots shall comply with the
requirements of Article III, Section 3.090, of this ordinance.
D. The parking lot shall be designed in such a manner as to provide
adequate drainage and to eliminate the possibility of stagnant pools of
water.
E. A parking lot for commercial or industrial uses containing ten (10) or more
spaces shall be suitably paved with an all weather wearing surface or
dustless material.
F. Site development requirements pertaining to the handicapped shall be
constructed according to the current Illustrated Handbook of the
Handicapped Section of the North Carolina State Building Code.
4.020 OFF-STREET LOADING AND UNLOADING REQUIREMENTS
Every building or structure hereafter constructed and used for industry, business, or
trade involving the receiving or distribution of vehicles, materials, or merchandise shall
provide space for the loading and unloading of vehicles off the street or public alley.
Such space shall have access to a public or private alley, or if there is no alley, to a
public street. The minimum required spaces for this provision shall be based on the
total usable floor area of each principal building according to the following table:
Total Usable Floor Area Spaces Required (See
for Principal Building Article II, for Definition)
0 to 4,999 sq. ft. One (1) space
5,000 to 9,999 sq. ft. Two (2) spaces
10,000 to 14,999 sq. ft. Three (3) spaces
15,000 to 19,999 sq. ft. Four (4) spaces
Over 20,000 sq. ft. Four (4) spaces, plus
one (1) space for each
additional 20,000 sq. ft.
Art. IV -4
The Board of Zoning Appeals may reduce or increase this requirement in the interest of
safety where unusual or special conditions are due consideration.
4.030 TEMPORARY USE REGULATIONS
The following regulations are necessary to govern the operation of certain necessary or
seasonal uses nonpermanent in nature. Application for a Temporary Use Permit shall
be made to the Board of Zoning Appeals through the office of the Zoning Administrator.
Said application shall contain a graphic description of the property to be utilized and a
site plan, a description of the proposed use, and sufficient information to determine yard
requirements, setbacks, sanitary facilities, and parking space for the proposed
temporary use. The following uses are deemed to be temporary uses and shall be
subject to the specific regulations and time limits which follow and to the regulations of
any district in which such use is located.
A.
Carnivals or Circuses: May obtain a Temporary Use
Permit in the
Commercial or Flood Districts; however, such permit shall be issued for a
period of not longer than fifteen (15) days. Such use shall be permitted on
lots where adequate off-street parking can be provided.
B.
Limited Duration Goods and Merchandise: May obtain
a thirty (30) day
Temporary Use permit for the display and sale of limited duration goods
and merchandise on open lots in any district.
C.
Temporary Buildings: In any district, a Temporary
Use Permit may be
issued for contractor's temporary office and equipment sheds incidental to
a construction project. Such permit shall not be valid for more than one
(1) year, but may be renewed for six (6) month extensions; however, not
more than three (3) extensions for a particular use shall be granted. Such
use shall be removed immediately upon completion of the construction
project, or upon expiration of the Temporary Use Permit, whichever occurs
sooner.
D.
Real Estate Sales Office: In any district, a Temporary
Use Permit may
be issued for a temporary real estate sales office in any new subdivision
which has been approved by the planning commission under the
Eagleville Subdivision Regulations. Such office shall contain no living
accommodations. The permit will be valid for one (1) year, but may be
granted two (2) six (6) month extensions. Such office shall be removed
upon completion of sales of the lots therein, or upon expiration of the
Temporary Use Permit, whichever occurs sooner.
E.
Religious Tent Meeting: In any district except the
Industrial districts, a
Temporary Use Permit may be issued for a tent or other temporary
structures to house a religious meeting. Such permit shall be issued for
not more than a thirty (30) day period. Such activity shall be permitted
only on lots where adequate off-street parking can be provided.
F.
Seasonal Sale of Farm Produce: In any district except
the Industrial
districts, a Temporary Use Permit may be issued for the sale of farm
produce grown on the premises. Structures utilized for such sales shall be
removed when not in use. The permit shall be issued for a five (5) month
period. All structures must be set back from the right-of-way.
Art. IV -5
G.
Temporary Dwelling Units in Case of Medical Hardships:
In any
district, a Temporary Use Permit may be issued to place a mobile home
on a lot which already contains a residential structure, provided that the
purpose of such temporary placement shall be to make it possible for a
resident of either structure to provide assistance to a person who requires
daily assistance due to physical or mental disability, and provided further
that such a temporary structure does not represent a hazard to the safety,
health, or welfare of the community.
An applicant for a Temporary Use Permit as provided under this
subsection must produce a written statement from a physician certifying
that the specific disability requires assistance from someone in close
proximity as evidence of such disability, and a written statement from the
Rutherford County Department of Environment and Conservation
approving the sewage disposal system of the proposed temporary
structure.
Such permit may be initially issued for eighteen (18) months. A permit
may be renewed for six (6) months at a time, subject to producing a new
statement from a physician certifying that the assistance is still required
due to the disabling condition. The temporary permit shall be revoked and
the structure removed immediately upon expiration of the permit or upon a
change in the conditions under which such permit was issued.
The person requiring assistance due to the disabling condition may be a
resident of either the temporary or permanent structure. The temporary
residence shall be treated as an accessory building.
H.
Temporary Dwelling Unit in Cases of Special Hardship:
In any
residential district, a Temporary Use Permit may be issued to place a
mobile home (double-wides excluded) temporarily on a lot in which the
principal structure was destroyed by fire, explosion or natural phenomenal.
The purpose of such placement temporarily shall be to provide shelter for
only the residents of the principal structure during the period of
reconstruction and to prevent an exceptional hardship on the same.
Placement of such temporary structure must not represent a hazard to the
safety, health, or welfare of the community. An applicant for a Temporary
Use Permit as provided under this subsection must produce a written
statement from the Rutherford County Department of Environment and
Conservation and/or the Utilities System approving the water supply and
sewage disposal systems of the temporary structure. Such a permit may
be initially issued for nine (9) months. A permit may be renewed for up to
six (6) months at a time, the total time for all permits not exceeding a total
of eighteen (18) months.
I.
Temporary Manufacture of Road Materials: In any district,
except the
residential districts, a Temporary Use Permit may be issued upon
approval by the Eagleville Board of Zoning Appeals to operate
manufacturing plants which are necessary in order to produce the
materials required for the construction of approved public roads where the
Board finds that such a use is not potentially noxious, dangerous, or
Art. IV -6
offensive. In the exercise of its approval, the Board of Zoning Appeals
may impose such conditions upon the proposed plants as it may deem
advisable in the furtherance of the general purposes of this ordinance.
Such a permit may be initially issued for a nine (9) month period. A permit
may be renewed for up to six (6) months at a time, the total time for all
permits not exceeding a total of twenty-four (24) months.
4.040 CUSTOMARY INCIDENTAL HOME OCCUPATIONS
A home occupation is a gainful occupation or profession conducted entirely within the
principal dwelling unit by members of the household residing on the premises.
Employment of persons not living on the premises shall be limited to one (1) individual.
The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants, with no more than
twenty-five (25) percent of the floor area of the dwelling unit being used to conduct the
home occupation. No accessory building shall be used for a home occupation nor
constructed for the home occupation.
A home occupation is a limited activity conducted on premises that in no way alters the
residential character of the structure. Home occupations shall include offices for
accountants, architects, artists, engineers and the like, and other uses that will not
require an increased amount of traffic to and from the residence. Uses such as auto
repair or any similar use shall not be considered as a customary incidental home
occupation.
4.050 GASOLINE SERVICE STATION RESTRICTIONS
The following regulations shall apply to all gasoline services stations:
A. There shall be a building setback from all street right-of-way lines of a
distance of not less than fifty (50) feet, except for canopies designed to
cover the gasoline p ump islands.
B. Gasoline pumps and canopies shall not be located closer than twenty-five
(25) feet to any right-of-way line.
C. Sign requirements as established in Article IV, Section 4.080, shall be
met.
4.060 SWIMMING POOL RESTRICTIONS
The following regulations shall apply to all swimming pools:
A. No swimming pool or part thereof, excluding aprons, walks, shall protrude
into any required front yard in the Residential Districts.
B. The swimming pool area shall be walled or fenced so as to prevent
uncontrolled access by children and pets from the street or adjacent
properties. Said fence or wall shall not be less than three (3) feet in height
and maintained in good condition.
Art. IV -7
C. Private swimming pools are permitted in Residential and Commercial
Districts provided that the pool is intended, and is to be used solely for the
enjoyment of the occupants and their guests of the property on which it is
located.
4.070 DEVELOPMENT STANDARDS FOR GROUP HOUSING PROJECTS
This procedure shall be used in the case of a group housing project of two (2) or more
residential buildings to be constructed on a plot of ground not subdivided into the
customary streets and lots, and which will not be so subdivided. The procedure applies
to all proposals for multi-family (i.e., apartment and townhouse units) development
whether such units are individually owned or held in common ownership. The reviewing
agency for this plan is planning commission.
4.071 Procedure for Submission and Review
A site development plan as specified in Article VII, Section 7.030, shall be
permitted for review on all proposals subject to this provision. The approval of
said plan along with any accompanying conditions associated with a particular
development is precedent to any approval under this section.
4.072 Required Development Standards
The following shall apply to all developments subject to this provision:
A. Location
1. The site shall comprise a single lot or tract of land, except where
divided by public streets.
2. The site shall abut a public street.
B. Density and Dimension
1. The average number of dwelling units per acre of buildable land,
not including streets, shall not exceed that permitted within the
applicable district.
2. All yard requirements as established for the districts in which such
use is permitted are applicable, except where buildings may be
joined by common walls.
C. Design
1. Internal Drives: The maximum grade on any drive shall be seven
(7) percent, unless an alteration is specifically approved by the
planning commission.
2. Where feasible, all drive intersections shall be at right angles.
3. Minimum distance between buildings shall be thirty (30) feet at any
point.
Art. IV -8
D. Public Street Access
1. The minimum distance between access points along public street
frontage, center line to center line, shall be two hundred (200) feet.
2. The minimum distance between the center line of an access point
and the nearest curb line or street line of a public street intersection
shall be one hundred (100) feet.
E. Required Improvements
1.
Internal Drives: Specifications for drives in group
housing
developments shall conform to roadway specifications as specified
by the Eagleville Subdivision Regulations to which reference is
hereby made and incorporated herein by reference.
2.
Utilities: The development shall be served with public
utility
systems adequate to assure fire protection and remove liquid waste
via a central sewage collection and treatment facility if available.
3.
Storage of Solid Waste: Any central refuse disposal
area shall be
maintained in such manner as to meet county health requirements,
and shall be screened from view.
4.
Service Building: Service buildings housing laundry,
sanitation, or
other facilities for use by occupants shall be permanent structures
complying with all applicable codes.
4.080 STANDARDS FOR SIGNS, BILLBOARDS, AND OTHER ADVERTISING
STRUCTURES
These conditions are established as a reasonable and impartial method of regulating
advertising structures in order to insure light, air, and open space, to reduce hazards at
intersections, and to protect property values of the entire community. The regulations
for signs, billboards, and other advertising structures are enumerated below:
A. In Any Zoning District, the Following General Regulations Shall Apply:
1. No sign shall be erected or maintained where by reason of its
position, wording, illumination, size, shape, or color it may obstruct,
impair, obscure, interfere with the view of, or be confused with, any
authorized traffic control sign, signal, device or, emergency vehicle.
2. No illuminated sign shall be permitted within fifty (50) feet of
property in any residential district unless the illumination of such
sign is so designed that it does not shine or reflect light onto
adjoining property.
3. No billboard or ground sign shall be erected to exceed the
maximum height limitation for the district in which it is located, not
exceeding four hundred (400) square feet in area. No billboard
shall exceed fifty (50) feet in length, and no double stacking of
Art. IV -9
billboards is allowed, except by special review by the Board of
Zoning Appeals. The bottom coping of every ground sign shall be
at least three (3) feet above the ground or street level.
4. Billboards and other similar outdoor advertising structures shall be
erected or placed in conformity with the side, front, and rear yard
requirements of the district in which it is located. However, no
billboard shall be erected or placed closer than within one hundred
(100) feet of any residential or agricultural district.
5. On the premises outdoor advertising signs, including flashing or
intermittent illumination shall not intrude upon the public right-ofway.
6. Signs erected and overhanging any sidewalk must be placed at
least nine (9) feet above the sidewalk and may extend over the
sidewalk a distance equal to two-thirds (2/3) the width of the
sidewalk, but in no case exceeding ten (10) feet.
7. Professional signs and signs for home occupations shall not
exceed two (2) square feet in areas in the residential district.
8. Temporary Signs and Posters Are Subject to the Following
Regulations:
(a) Each sign shall not exceed five (5) square feet in area,
excluding banners.
(b) The signs shall not be located closer together than five
hundred (500) feet.
(c) Such signs shall not be nailed or attached in any way to
trees, fence posts or public utility poles and shall not be
located in the public right-of-way.
(d) All such signs advertising events shall be removed within ten
(10) days after the event date.
(e) All such signs shall be valid for thirty (30) days only, after
which time they shall be removed.
9. In Any District, the Following Signs Shall Be Permitted:
(a) For parking areas, entrance and exit signs not exceeding
four (4) square feet in area and not more than one (1) sign
not more than sixteen (16) square feet in area identifying or
designating the conditions of the use of such parking area.
(b) Nonilluminated "For Sale" or "For Rent" signs not exceeding
four (4) square feet in area.
(c) One (1) sign not more than twelve (12) square feet in area
giving the names of the contractors, engineers, or architect,
during construction of a building or project.
Art. IV -10
(d) Signs established by, or by order of, any governmental
agency.
(e) For special events of public interest, one (1) sign of no more
than thirty-two (32) square feet in area.
(f) Flags or emblems of political, civic, philanthropic,
educational o r religious organizations.
(g) Small illuminated signs, not exceeding one and one-half
(1 1/2) square feet in area, displayed strictly for the direction,
safety, and convenience of the public, including signs which
identify rest rooms, freight entrances and the like.
B. In the Residential Districts, the Following Regulations Shall Apply:
1. Name plates indicating name, address, house number,
announcement of boarders or roomers, or customary home
occupations are permitted.
2. One temporary nonilluminated signs not to exceed sixteen (16)
square feet in area, advertising the sale of farm products produced
on the premises shall be permitted.
3. Church, school or public building bulletin boards or identification
signs, not exceeding thirty-two (32) square feet in area are
permitted.
4. Flashing or intermittent illumination on signs is prohibited.
5. Billboards and other advertising structures are prohibited, except
certain directional signs intended to guide the general public to
areas designated by the planning commission as possessing
scenic, historical, or recreational value. However, such directional
signs shall not exceed sixty-four (64) square feet in area.
6. Where commercial enterprises are permitted, business signs, not to
exceed one (1) square foot of surface area for each one (1) linear
foot of face of building, relating to the business of the premise, will
be permitted, not to exceed thirty-two (32) square feet in area.
7. For residential subdivisions, apartment buildings, and group
housing developments, identification signs, not exceeding sixteen
(16) square feet in area are permitted.
C. In All Commercial Districts, the Following Regulations Shall Apply:
1. Business signs within the C-2, General Commercial District, shall
be coordinated with the architecture and surroundings in such a
manner that the overall appearance is harmonious in color, form
and proportion. The display of signs will be appropriate to the land,
building or use to which they are appurtenant and be adequate, but
not excessive, for the intended purpose of identification.
Art. IV -11
2. Bulletin boards or identification signs, not exceeding sixty-four (64)
square feet in area, shall not be permitted for public recreation
uses, community facilities, hospitals, and clinics.
3. One business sign directly relating to the activity conducted on the
premises, not exceeding sixty (60) square feet and fifteen (15) feet
in height. However, that in the cases of freestanding signs with two
(2) faces, each face may be not more than sixty (60) square feet.
4. Not more than one (1) freestanding sign shall be established for
each separate lot, regardless of how many businesses or
commercial entities are located on such lot; provided, however, that
lots on public roads or highways with frontages of more than five
hundred (500) feet of frontage may erect one (1) sign on each such
route for each five hundred (500) feet of frontage. For corner lots,
one (1) sign may be erected on the frontage of each public road or
highway unless the five hundred (500) foot provision applies. No
individual sign shall have an area of more than sixty (60) square
feet; provided, however, that in case of freestanding signs with two
(2) faces, each face may not be more than sixty (60) square feet.
5. Signs affixed to building walls shall not total more than thirty (30)
square feet on any one building wall.
6. All ground sign supports shall be located no closer than ten (10)
feet from any public right-of-way or property line; no part of the sign
face may be closer than five (5) feet from any public right-of-way or
property line.
7. Billboards and other outdoor advertising structures are permitted in
commercial districts, subject to the general restrictions set forth in
Subsection A, above.
8. Traffic or directional signs are excluded from this subsection if
restricted to traffic flow or parking information, and if less than four
(4) square feet in surface area per face.
D. In All Industrial Districts, the Following Regulations Shall Apply:
1. Business signs shall be permitted which relate to the business on
the premises. Such signs shall be located not closer than one-half
(1/2) the required setback from all property lines.
2. Flashing or intermittent illumination is prohibited.
3. Billboards and other outdoor advertising structures are permitted
fifteen (15) feet from the right-of-way.
E. In the Floodplain District, the Following Regulations Shall Apply:
1. There shall be permitted for public parks, playgrounds, and other
outdoor recreational uses, signs not exceeding thirty-two (32)
square feet in area.
Art. IV -12
2. Flashing or intermittent illumination is prohibited.
3. Billboards and other outdoor advertising structures are prohibited.
4.090 DEVELOPMENT STANDARDS FOR AUTOMOBILE WRECKING, JUNK AND
SALVAGE YARDS
A site development plan, as required in ARTICLE V, Section 5.062
, shall be submitted
for review on all proposals subject to this provision. The approval of said plan along
with any accompanying conditions associated with a particular development is
precedent to any approval under this section. The Eagleville Municipal Planning
Commission is the agency responsible for this review.
Because of the nature and character of their operations, automobile wrecking and
salvage yards, junk yards, and similar uses of land can have a decidedly detrimental
effect upon surrounding properties. Salvage and wrecking yards tend to create
problems of noise, dust, traffic and health hazards, and may adversely affect property
values by their general appearance. The following standards shall be used as a guide
in evaluating whether proposed land uses, such as those outlined above, will have
properly minimized their objectionable characteristics:
A. All motor vehicles stored or kept in such yards shall be so kept that they
will not catch and hold water in which mosquitoes may breed and so that
they will not constitute a place or places in which rats, mice, or other
vermin may be harbored, reared, or propagated.
B. Because of the tendency for salvage yards to promote the breeding of
vermin, no such operation shall be permitted closer than one thousand
(1,000) feet from any established residential zone.
C. All outdoor storage of salvage and wrecking operations shall be conducted
entirely within an enclosed opaque fence, screen, or wall, excepting
driveway areas, from eight (8) to twelve (12) feet in height. Storage
between the road or street and such fence, screen, or wall is expressly
prohibited. Any fence, screen, or wall for concealment shall be maintained
in good condition.
D. All such yards shall be so maintained as to be in a sanitary condition and
so as not to be a menace to public health or safety.
E.
Off-Road Parking: As regulated in ARTICLE IV, SECTION
4.010.
F.
Ingress and Egress: The number of vehicular access
driveways
permitted on any single street frontage shall be limited to:
1. One (1) driveway where the parcel to be used has a maximum road
or street frontage of one hundred (100) feet or less.
2. Two (2) driveways where the road or street frontage exceeds one
hundred (100) feet. Driveways used for ingress and egress shall be
limited to twenty-five (25) feet in width maximum, exclusive of curb
returns.
Art. IV -13
G. No automobile wrecking, junk, or salvage yard shall be permitted within
three hundred (300) feet of any public road in Eagleville except where a
more stringent state or Federal law applies.
4.100 DEVELOPMENT STANDARDS FOR PUBLIC CEMETERIES
A. The following standards shall be imposed upon the development and
construction of cemeteries, both human and non-human, in Eagleville:
1. The site proposed for a cemetery shall not interfere with the development
of a system of collector and larger streets in the vicinity of such site. In
addition, such site shall have direct access to a thoroughfare.
2. Any new commercial cemetery shall be located on a site containing not
less than ten (10) acres.
3. All structures including but not limited to mausoleums, permanent
monuments, or maintenance buildings shall be setback not less than
twenty-five (25) feet from any property line or street right-of-way.
4. All graves or burial lots shall be setback not less than twenty-five (25) feet
from any property line or street right-of-way line.
5. All required yards shall be landscaped and maintained in good order in
accordance with state and local regulations.
4.110 MINIMUM DESIGN STANDARDS FOR TRANSMISSION AND
COMMUNICATION TOWERS AND STATIONS
Standards for Telephone, Telegraph, and Communications Towers
. All transmitter
towers and operating equipment shall adhere to the following standards.
A. All towers constructed shall be the principal use on the property that they
are located on. No parcel shall be used for the purpose of constructing a
tower that does not meet minimum lot size requirements for the zoning
district.
B. Any new tower constructed shall be capable of supporting co-locations by
other telecommunication users. Each application for a new tower must be
accompanied by written certification that there is not an existing tower
capable of supporting a co-location in the area.
C. All towers with a height of one hundred-fifty (150) feet (from base to top)
or more shall be constructed in accordance with Electronic Industries
Association (“EIA”) Standard 222E-1991, utilizing a wind rating of eighty
(80) miles per hour plus ice loading for Eagleville, Tennessee. Each
application for a building permit shall be accompanied by a certification by
a professional engineer licensed in the State of Tennessee, and
competent in such design.
Art. IV -14
D. Each application for a new tower shall include written technical information
that the tower will not interfere with public safety communications or
disrupt the transmission or reception of radio, television or other
communications of adjacent residential and nonresidential uses.
E. A site plan in compliance with Article VII, Section 7.030, shall be approved
by the planning commission prior to submission to the Board of Zoning
Appeals for approval of the use.
F. All applications for new towers are required to have approval as a “Special
Exception”, by the Board of Zoning Appeals prior to any permit being
issued for construction.
G. All towers shall be set back from all property lines by a distance that is
equal to:
1. for a guyed tower, fifty (50) percent of the height; and
2. for a self-supporting tower, equal to the height of the tower.
H. All applications for permits to build towers in Eagleville must be
accompanied with a “Determination of No Hazard” from the Federal
Aviation Administration, as well as all required Federal Communications
Commission permit information.
I. The entire area containing the tower, equipment and any guyed supports
shall be enclosed with a fence no shorter than six (6) feet in height.
Access gates to the site will be locked at all times when the site is not
occupied.
J. Where the tower site abuts or is contiguous to any Residential Zoned
District, there shall be provided a continuous, solid screening around the
fenced area of the site and it shall be of such plant material as will provide
a year-round evergreen screening. Screening, as required, herein, shall
not be less than four (4) feet in height at the time of planting, and shall be
permanently maintained.
K. All towers that require marking or lighting shall be done in compliance with
Federal Aviation Administration Regulations, but no tower shall be lighted
from dusk to dawn by any form of white flashing light, unless required by
the Federal Aviation Administration. Towers not requiring marking or
lighting shall have an exterior finish, which enhances compatibility with
adjacent land use as approved by the Board of Zoning Appeals.
L. The tower owner is responsible for maintaining the grounds, landscaping
and all structures on the tower site in a manner acceptable to the city.
M. In the event that the tower owner decides to discontinue operation of the
tower, the owner shall notify the City in writing of when the use shall be
discontinued. Unless, the owner will maintain the discontinued tower site,
the tower and all accessory structures are to be removed within nine (9)
months.
Art. IV -15
4.120 DEVELOPMENT STANDARDS FOR MOBILE HOME PARKS
A. Description
To provide maximum flexibility in design and to ensure a minimum
standard of site development for mobile home parks where complete
urban facilities, specifically public sewer, are available or where such
facilities will be available prior to development. This district will be
characterized by mobile home parks containing both single-wide and
double-wide units. This district will also include community facilities and
public utility installations which will serve the residents of the district. It is
the express purpose of this ordinance to exclude from this district all
buildings or other structures and uses having commercial characteristics
and not planned as an integral part of a total residential development.
B. Development Standards for Parks:
1. No parcel containing less than three (3) acres and no less than ten
(10) mobile home spaces, available at the time of first occupancy,
shall be utilized for a mobile home park.
2. The minimum front setback shall be fifty (50) feet.
3. The minimum side and rear setbacks shall be thirty (30) feet.
4. The site shall abut a public street.
5. There shall be screening along the side and rear site lines. The
screening shall be a Buffer Strip, as defined in ARTICLE II, Section
2.020, and shall be located along the outer boundaries or perimeter
of the mobile home park.
6. Signs as regulated in Article IV, Section 4.080.
7. No mobile home park shall be permitted unless such park is served
by a public water supply and sewer system. Water lines shall be a
minimum six (6) inch water main looped for adequate water
pressure. Also, fire protection with fire hydrants located every one
thousand (1000) feet with every mobile home within five hundred
(500) feet of a hydrant shall be approved by the water department.
8. The internal street system within the mobile home park shall consist
of paved streets with a paved surface minimum of twenty-five (25)
feet wide measured from one edge of the paved surface to the
other edge of the paved surface. The right-of-way shall only be of
sufficient width to include the road surface itself and necessary
drainage facilities. All roads within the mobile home park shall be
private roads and shall not be accepted as public roads.
9. Recreational vehicles are allowed only as temporary uses for a
period not to exceed thirty (30) days.
Art. IV -16
10. No part of the park shall be used for non-residential purposes,
except such uses as are required for the direct servicing and well
being of park residents and for the management and maintenance
of the park. A mobile home park office is permitted.
11. Ten (10) percent of the mobile home park site shall be set aside for
recreation and open space requirements.
12. Tenant storage buildings shall be located at the rear of the mobile
home space.
C. Dimension Requirements for Mobile Home Space:
1. The minimum size for a single-wide mobile home space shall be
three thousand six hundred (3,600) square feet. The minimum size
for a double-wide mobile home space shall be six thousand (6,000)
square feet.
2. The minimum width for a single -wide mobile home space shall be
thirty-six (36) feet. The minimum width for a double-wide mobile
home space shall be sixty (60) feet.
3. The minimum length shall be ninety (90) feet.
4. The minimum front yard setback shall be twenty-five (25) feet.
5. The minimum side yard setback shall be ten (10) feet. If the
parking area for the unit is in the side yard, then thirty (30) feet
additional setback shall be required.
6. The minimum rear yard setback shall be fifteen (15) feet.
7. All mobile homes permitted under this section shall be set upon
concrete pads and elevated on blocks or steel piers which are
constructed upon a concrete footing, and each mobile home shall
be anchored with approved anchors as required by
Tennessee
Code Annotated
, Section 68-126-403.
8. All mobile homes moved into any mobile home park, existing or
new, after the effective date of this ordinance shall be underskirted
to prevent the accumulation of refuse and rodents, snakes, or other
vermin. Underskirting shall consist of new material subject to the
approval of the Zoning Administrator for Eagleville, Tennessee.
9. There shall be a minimum area of four hundred (400) square feet
for paved parking per mobile home space.
10. With respect to mobile homes parked end-to-end, the end-to-end
clearance shall not be less than fifteen (15) feet. No mobile home
shall be located closer than twenty (20) feet from any building
within the mobile home park.
Art. IV -17
D. Procedure for Approval
A permit for a mobile home park shall be issued by the Zoning
Administrator only after the site plan and application have been approved
by the Eagleville Planning Commission. If at any time during the
development process, unapproved deviations from the officially approved
site plan occur, the development permit granted to the applicant or
developer shall be subject to immediate revocation, until such time as
such discrepancies are removed, corrected, or officially approved by the
Eagleville Planning Commission.
E. Site Plan Requirements
The following information shall be shown on the required site plan:
1. The location and legal description of the proposed mobile home
park.
2. The location and size of all buildings, improvements, and facilities
constructed or to be constructed within the mobile home park.
3. The proposed use of buildings shown on the site plan.
4. The location and size of all mobile home spaces.
5. The location of all points of entry and exit for motor vehicles and the
internal street circulation pattern.
6. The location of all off-street parking facilities.
7. The location of all signs.
8. The location of park and recreation areas.
9. The location of buffer strips.
10. The name and address of the applicant.
11. A comprehensive drainage plan, showing the locations of all
stormwater easements or floodwater run-off channels and basins.
12. Such other architectural, engineering, and topographical data as
may be required to permit the local health department, the Zoning
Administrator, and the planning commission to determine if the
provisions of these regulations are being complied with shall be
submitted with the site plan.
13. The location and size of all servicing utilities, ie., water lines, fire
hydrants, sewer lines, electric, etc., along with official approvals of
all servicing utilities shall be documented and submitted with the
site plan.
Art. IV -18
14. A time schedule for development shall be prepared, which shall
demonstrate the applicant’s readiness and ability to provide the
proposed services. Said time shall be for a period of not more than
one (1) year.
F. Responsibility of Park Management
The individual or group receiving a permit shall operate the mobile home
park in compliance with this resolution and shall provide adequate
supervision to maintain the park, its facilities and equipment in good repair
and in a clean and sanitary condition. The park management shall keep
the register record available for inspection at all times by law enforcement
officers, public health officials, and other officials whose duties necessitate
acquisition of the information contained in the register.
G. Inspections
The Zoning Administrator is hereby authorized and directed to make
annual inspections to determine the conditions of mobile home parks, in
order to insure the health and safety of occupants of mobile home parks
and the general public. The Zoning Administrator shall have the authority
to enter upon the mobile home park premises for the purpose of
inspecting and investigating conditions relating to the annual inspection as
it is related to the enforcement of this section.
H. Non-conforming Mobile Home Parks
All mobile home parks existing at the time of enactment of this ordinance
which do not conform to the regulations of the district in which it is located
shall be governed in accordance with the provisions of ARTICLE VI,
Section 6.020 of this ordinance.