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Zoning Ordinance, Article IV

The complete, official document is located in City Hall and is available for viewing or copying upon request.  

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.

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