7.010 Administration of the Ordinance

7.020 The Enforcement Officer

7.030 Zoning Compliance Permit (Building Permits)

7.040 Temporary Use Permits

7.050 Board of Zoning Appeals

7.060 Variances

7.070 Procedure for Authorizing Special Exceptions

7.080 Amendments to the Ordinance

7.090 Zoning of Annexed Property

7.100 Penalties

7.110 Remedies

7.120 Validity

7.130 Interpretation

7.140 Effective date

Except as otherwise provided, no structure or land shall after the effective date of this

ordinance be used and no structure or part thereof shall be erected, altered, or moved

unless in conformity with the regulations herein specified for the district in which it is

located. In their interpretation and application, the provisions of this ordinance shall be

considered minimum requirements adopted for the promotion of public health, safety,

morals, convenience, order, prosperity, and general welfare of the community. Where

other ordinances, resolutions, or regulations heretofore adopted or which may be

adopted hereafter impose greater restrictions than those specified herein, compliance

with such other ordinances, resolutions, or regulations is mandatory.

The provision of this ordinance shall be administered and enforced by the Eagleville

Zoning Administrator. In performance of administering and enforcing this Ordinance,

the he shall:

A. Issue all Building Permits and make and maintain records thereof.

B. Issue and renew, where applicable, all Temporary Use Permits and make and

maintain records thereof.

C. Maintain and keep current zoning maps and records of amendments thereto.

D. Receive, file and forward to the Board of Zoning Appeals all applications for

variances or other matters on which the Board of Zoning Appeals is required to

act under the provisions of this ordinance.

E. Receive, file and forward to the planning commission all matters on which the

planning commission is required to act under this ordinance.

Art. VII-2

It shall be unlawful to commence the excavation for or the construction of any building

or other structure, including accessory structures, to commence the moving or alteration

of any structure, including expansion, including accessory structures, to use a building

or structure, or to commence the filling of land without a permit therefore, issued by the

Zoning Administrator.

No Building Permit shall be issued by the Zoning Administrator, except in conformity

with the provisions of this ordinance, unless there is received a written order from the

Board of Zoning Appeals in the form of an administrative review, special exception, or

variance as provided by this ordinance.

A. Application for a Building Permit

Application for a Building Permit shall be made in writing to the Zoning

Administrator on forms provided for that purpose. Applications for Building

Permits will be accepted only from persons having legal authority to take action

in accordance with the permit. In general, this means that the application should

be made by the owners or lessees of the property, or their agents, or persons

who have contracted to purchase property contingent upon their ability to acquire

the necessary permits under this ordinance, or the agents of such persons. The

Zoning Administrator may require an applicant to submit evidence of his/her

authority to submit the application for a building permit whenever there appears

to be a reasonable basis for questioning this authority.

All applications shall be complete before the Zoning Administrator is required to

consider the application. It is not necessary that the application contain

construction drawings to determine compliance with all the requirements of this

ordinance, so long as the plans provide sufficient information to allow the Zoning

Administrator to evaluate the application in light of the substructure requirements

set forth in this ordinance.

B. Site Plan Requirements

Site plans containing the information required for the particular use by this

section must be submitted to the Zoning Administrator at the time of an

application for a building permit. It is specifically anticipated that the approval

process for one and two-family detached houses shall be administratively

approved by the Zoning Administrator. All other uses shall only be approved in

the manner set forth in 7.030, D, below.

C. Site Plans Required for One - and Two-Family Detached Houses

1. The actual shape, location, and dimensions of the lot to be built upon.

2. The shape, size, and location of all buildings or other structures to be

erected, altered, or moved and of buildings or other structures already on

the lot and the elevation of the building site.

3. The existing and intended use of all such buildings or other structures,

upon it, including the number of dwelling units the building is intended to

accommodate.

Art. VII-3

4. The size and location of all yards and open areas required by this

ordinance.

5. The dimension and location of all public water and sewer lines from which

the property is to be served.

6. The location and approximate dimension of all points of access to a public

street or road.

7. Such other information concerning the lot or adjoining lots as may be

essential for determining whether the provisions of this ordinance are

being observed.

8. Where subsoil sewage disposal is anticipated, certification from the county

health department approving the lot for such use.

D. Site Plans Required for All Other Buildings and Activities

This procedure is to be utilized for all buildings and activities, except those

subject to the provisions of 7.030, C. Unless otherwise specified, the reviewing

agency shall be the Eagleville Planning Commission. Proposals for planned

developments and mobile home parks shall follow separate provisions outlined

elsewhere in this ordinance, but such proposals shall also be reviewed by the

planning commission.

The following information shall be included in the site plan:

1. General Location Sketch Map at a scale not smaller than 1"=2,000',

showing:

a. The approximate boundaries of the site.

b. External (public access streets or roads in relation to the site).

c. Surrounding development (i.e., general residential, commercial,

and industrial areas) within the general vicinity of the site.

d. Any public water and sewer systems in relation to site.

2. Site plan drawn at a scale no smaller than 1"=200' showing:

a. The actual shape, location, and dimensions of the lo t.

b. The shape, size, and location of all buildings or other structures

already on the lot.

c. The existing and intended use of the lot and of such structures

upon it, including, for residential activities, the number of dwelling

units the buildings are intended to accommodate.

d. Topographic features, both existing and proposed, with contours at

a vertical, interval no greater than five (5) feet.

e. Location of all driveways and entrances.

Art. VII-4

f. Location of all accessory off-street parking areas to include a plan

showing design and layout of such parking facilities where five (5)

or more accessory off-street parking spaces are to be provided.

(Dimensions shall be shown.)

g. Location of all accessory off-street loading berths.

h. Location of open space.

i. Proposed ground coverage, floor area, and building heights.

j. Position of fences and walls to be utilized for screening (materials

specified).

k. Position of screen planting (type of planting specified).

l. Proposed means of surface drainage, including all drainage ways

and facilities.

m. Location of all easements and rights-of-way.

n. Location of areas subject to flooding.

o. Location and size of all utilities including all fire hydrants.

p. Location, type, and size of proposed signs.

If no "actual construction" has begun in the development within two (2)

years from the date of approval of the site plan, said approval of the site

plan shall lapse and be of no further effect.

E. Fee

The Eagleville Planning Commission shall establish a schedule of fees and a

collection procedure for Building Permits. The schedule of fees shall be posted

in the City Hall. Only the City Council may alter or amend the fee schedule. Until

the appropriate fee has been paid in full, no action shall be taken on any

application.

F. Issuance of Permit

If the proposed excavation, construction, moving, or alteration as set forth in the

application is in conformity with the provisions of this ordinance, the Zoning

Administrator shall issue a Building Permit for such excavation or construction. If

an application for a Building permit is not approved, the Zoning Administrator

shall state in writing on the application the cause for such disapproval. Issuance

of a permit shall in no case be construed a waiving of any provisions of this

ordinance.

G. Construction Progress

Any Building Permit issued becomes invalid if work authorized is not commenced

within six (6) months of the date of issuance or if the work authorized by the

permit is suspended or discontinued for a period of one (1) year.

Art. VII-5

It shall be unlawful to commence construction or development of any use of a temporary

nature unless a permit has been obtained from the Zoning Administrator, as provided

for in Article IV, Section 4.030, of this ordinance. Application for a Temporary Use

Permit shall be made in writing to the Zoning Administrator on the form provided for that

purpose.

The Eagleville Board of Zoning Appeals (hereafter referred to as the BZA) is hereby

established in accordance with 13-7-205 through 13-7-207, of the Tennessee Code.

The BZA shall consist of five (5) members, which shall be the members of the planning

commission. The City Council may remove any member upon cause. Vacancies shall

be filled for an unexpired term in the same manner as the case of original appointment.

A. Procedure

Meetings of the BZA shall be held at the call of the chairman, and at such other

times as the BZA may determine. Such chairman, or in his absence, the vicechairman,

may administer oaths and compel the attendance of witnesses. All

meetings of the BZA shall be open to the public. The BZA shall adopt rules of

procedure and shall keep records of applications and action taken thereon. The

records and minutes shall be filed in the City Hall and shall be a public record.

B. Appeals to the BZA

An appeal to the BZA may be taken by any person, firm, or corporation aggrieved

by any governmental office, department, board, or bureau affected by any

decision of the Zoning Administrator based in whole or in part upon the

provisions of this ordinance. Such appeal shall be taken by filing with the BZA a

notice of appeal specifying the grounds thereof. The Zoning Administrato r shall

transmit to the BZA all papers constituting the record upon which the action

appeals was taken. The BZA shall fix a reasonable time for the hearing of the

appeal, give public notice thereof, as well as due notice to the parties in interest,

and decide the same within a reasonable time. Upon the hearing, any person or

party may appear in person, by agent, or by attorney.

C. Powers of the BZA

The BZA shall have the following powers:

1. Administrative Review

To hear and decide appeals where it is alleged by the appellant that there

is error in any order, requirement, permit, decision, determination or

refusal made by the Zoning Administrator or other administrative official in

the carrying out of enforcement of any provision of this ordinance.

2. Special Exceptions

To hear and decide applications for special exceptions as specified in this

ordinance, hear requests for interpretation of the zoning map, and for

decision on any special questions upon which the BZA is authorized to

pass.

Art. VII-6

3. Variances

To hear and decide applications for variances from the terms of this

ordinance.

D. Rules and Regulations of the BZA

The BZA shall adopt rules for the conduct of its meetings. Such rules shall at the

minimum require that:

1. The presence of three (3) members of the BZA shall constitute a quorum

and the concurring vote of at least three (3) members of the BZA shall be

necessary to deny or grant any application before the BZA.

2. No action shall be taken by the BZA on any case until after a public

hearing and notice thereof. Said notice of public hearing shall be a legal

notice published in a newspaper of general circulation in Eagleville, at

least ten (10) days before the hearing of an appeal. No appeal shall be

considered and heard by the BZA less than fifteen (15) days after filing

such appeal. If new information is uncovered regarding an action of the

BZA that could not have been reasonably presented in a public hearing

before the BZA, the BZA shall establish a date for the purpose of

rehearing in accordance with the appropriate procedures herein.

3. The BZA may call upon any other office or agency of the city government

for information in the performance of its duties and it shall be the duty of

such other agencies to render such information to the BZA as may be

reasonably required.

4. The Planning Commission shall be permitted to submit an advisory

opinion on any matter before the BZA and such opinion shall be made part

of the record of such public hearing.

5. Any officer, agenc y, or department of the city or other aggrieved party may

appeal any decision of the BZA to a court of competent jurisdiction as

provided for by State law.

6. Any decision made by the BZA on a special exception shall indicate the

specific section of this ordinance under which the permit is being

considered and shall state clearly the specific conditions imposed in

granting such permit.

7. Appeals will be assigned for hearing in the order in which they appear on

the calendar thereof, except that appeals may be advanced for hearing by

order of the BZA, good, and sufficient cause being shown.

8. At the public hearing of the case before the BZA, the appellant shall

appear in his own behalf or be represented by counsel or agent. The

appellant's side of the case shall be heard first and those in objection shall

follow. To maintain orderly procedure, each side shall proceed without

interruption from the other.

E. Stay of Proceedings

An appeal stays all legal proceedings in furtherance of the action appealed from,

unless the Zoning Administrator certifies to the BZA, after such notice of appeal

Art. VII-7

shall have been filed, that by reason of facts stated in the certificate such stay

would cause imminent peril to life or property. In such instance, the proceedings

shall not be stayed otherwise than by a restraining order, which may be granted

by the BZA or by a court of competent jurisdiction on application, on notice to the

Zoning Administrator, and on due cause shown.

F. Liability of BZA Members, Zoning Administrator and Employees

Any BZA member, Zoning Administrator, or other employee charged with the

enforcement of this ordinance, acting for Eagleville within the scope of the

responsibilities assigned him under this ordinance shall not thereby render

himself liable personally, and he is hereby relieved from all personal liability and

shall be held harmless by the city of any damage that may occur to persons or

property as the result of any act required or permitted in the proper discharge of

their duties. Any suit brought against any BZA member, Zoning Administrator, or

employee charged with the enforcement of any provision of this ordinance shall

be defended by legal representatives furnished by the city until the final

termination of such proceedings.

G. Right of Entry upon Land

Upon notice to property owners, the BZA, its members and employees in the

performance of its work, may enter upon any land within its jurisdiction and make

examinations and surveys and place or remove public notices as required by this

ordinance.

H. Rehearings

1. No rehearing of the decision by the BZA shall be had except:

a. On motion to reconsider the vote; or

b. On a written request for a hearing.

2. If the motion to reconsider receives a majority affirmative vote, the BZA

may vote on the motion to grant the request for a rehearing, subject to

such conditions as the BZA may, by ordinance in each case, stipulate.

3. No request to grant a rehearing will be entertained unless new evidence is

submitted which could not reasonably be presented at the previous

hearing.

If the request for a rehearing is granted, the case shall be put on the

calendar for a rehearing. In all cases, the request for a rehearing shall be

in writing, reciting the reasons for the request and shall be duly verified

and accompanied by the necessary data and diagrams. The persons

requesting the rehearing shall be notified to appear before the BZA on a

date to be set by the BZA.

4. No rehearing for a variance shall be granted an applicant found by a court

of competent jurisdiction to be in willful violation of the express provisions

of a prior variance granted under the authority of this article.

Art. VII-8

The purpose of this procedure is to modify the strict application of the specific

requirements of this ordinance in the case of exceptionally irregular, narrow, shallow, or

steep lots, or other exceptional physical conditions, whereby such strict application

would result in practical difficulty or unnecessary hardship. The variance shall be used

only where necessary to overcome some obstacle which is preventing an owner from

using his property under this ordinance.

A. Application

After written denial of a permit, a property owner may make application for a

variance, using any form which might be made available by the BZA.

B. Hearing

Upon receipt of an application the BZA shall hold a hearing to decide whether a

variance to the ordinance provisions is, in fact, necessary to relieve unnecessary

hardship. The BZA shall consider and decide all applications for variances within

thirty (30) days of such hearing and in accordance with the standards provided

below. A fee shall be charged to cover review and processing of each

application for a variance, except that the fee shall be waived for a governmental

agency.

C. Standards for Variances

The BZA shall not grant a variance except where special circumstances or

conditions, fully described in the findings of the BZA, do not apply generally in the

district. The burden of showing that the variance should be granted shall be

upon the person applying for the variance. In granting a variance, the BZA shall

ascertain that the following criteria are met:

1. The particular physical surroundings, shape, topographic conditions of the

specific property involved that would result in a particular hardship upon

the owner as distinguished from a mere inconvenience, if the strict

application of this ordinance were carried out must be stated.

2. The conditions upon which the petition for a variance is based would not

be applicable, generally, to other property within the same district.

3. The granting of the variance requested will not confer on the applicant any

special privilege that is denied by this ordinance to other land structures,

or buildings in the same district.

4. Financial returns only shall not be considered as a basis for granting a

variance.

5. The variance is the minimum variance that will relieve such difficulties or

hardship and thereby make possible the reasonable use of the land,

building, or structure.

6. The variance will not authorize activities, otherwise, excluded from the

particular district in which requested.

7. That the granting of the variance will not be detrimental to the public

welfare, injurious to other property or improvements in the area in which

Art. VII-9

the subject property is located, or a substantial impairment to the intent

and purpose of the zoning district wherein such property is located or of

the general provisions of this ordinance.

8. That the proposed variance will not impair an adequate supply of light and

air to the adjacent property, or substantially increase the congestion in the

public streets, or increase the danger of fire, or endanger the public safety.

9. That the alleged difficulty or hardship has not been knowingly and

intentionally created by any person having an interest in the property after

the effective date of this ordinance.

D. Restrictions and Variances

1. No nonconforming use of neighboring lands, structures, or buildings in the

same district, and no permitted or nonconforming use of lands, structures,

or buildings in other districts shall be considered grounds for the issuance

of a variance.

2. Under no circumstances shall the BZA grant a variance to allow a use not

permissible under the terms of this ordinance in the district involved, or

any use expressly or by implication prohibited by the terms of this

ordinance in said district.

3. The BZA may impose such conditions and restrictions upon the premises

benefitted by a variance as may be necessary to comply with the

provisions set out in 7.060, C, above, to reduce or minimize the injurious

effect to such variation upon surrounding property and better carry out the

general intent of this ordinance. The BZA may establish expiration dates

as a condition or as a part of any variances.

The following procedure is established to provide procedures for review of a proposed

use as a conditional use or special exception by the BZA. The procedure shall be the

same whether review is required by this ordinance or whether a review is requested by

the Zoning Administrator to determine whether a proposed use is potentially noxious,

dangerous or offensive.

A. Application

An application shall be filed with the BZA for review. Said application shall show

the location and intended uses of the site, the names of the property owners,

existing land uses within two hundred (200) feet, and any other material pertinent

to the request which the B ZA may require.

B. Restrictions

In the exercise of its approval, the BZA may impose such conditions upon the

proposed uses of buildings or land as it may deem advisable in the furtherance of

the general purposes of this ordinance.

Art. V II-10

C. Validity of Plans

All approved plans, conditions, restrictions, and rules made a part of the approval

of the BZA shall constitute certification on the part of applicant that the proposed

use shall conform to such regulations at all times.

D. Time Limit

All applications reviewed by the BZA shall be decided within sixty (60) days of

the date of application, and the applicant shall be provided with either a written

notice of approval or denial.

E. General Requirements

A special exception shall be granted provided the B ZA finds that the activity:

1. Is so designed, located, and proposed to be operated so that the public

health, safety, and welfare will be protected.

2. Will not adversely affect other property in the area in which it is located.

3. Is within the provision of "Special Exceptions" as set forth in this

ordinance.

4. Conforms to all applicable provisions of this ordinance for the district in

which it is to be located and is necessary for public convenience at that

location.

F. Special Exceptions Appeals

Any person or agency of the city government may appeal to a court of competent

jurisdiction from the BZA's decision as provided under statutes of the State of

Tennessee. The judgement and findings of the BZA on all questions of fact that

may be involved in any appeal, cause, hearing or proceeding under this article

shall be final, and subject to review only for illegality or want of jurisdiction. A fee

shall be charged to cover review and processing of each application for a special

exception.

G. Specific Standards for Residential Activities

A special exception shall not be granted for the residential activities specified

below unless the standards established there are met as a part of the conditions

for issuing such permit in the applicable zone districts.

1. Special Conditions for Multi-Family Dwelling and Mobile Home Park

Activities

In addition to the standards contained elsewhere in this ordinance for

these type developments, the BZA shall specifically find that there will be

no adverse impact upon adjoining properties or the neighborhood in which

such use is proposed. In making this finding, the BZA shall consider the

effect upon traffic congestion, overcrowding of schools availability of

necessary public utilities, and character of adjoining structures, and

suitability of the site for the use and such other factors as the BZA may

deem necessary.

Art. V II-11

2. Special Conditions for Upper Story Residential Dwellings

The following conditions shall apply to upper stories of commercial

buildings in the C-1 (Central Business) District that are proposed for

residential dwellings:

a. The minimum floor area for an upper story residential

dwelling unit shall be five hundred (500) square feet.

b. Only one (1) dwelling unit shall be created within any one (1)

building.

c. The dwelling unit will be a complete, separate housekeeping

unit that can be isolated from the downstairs unit.

d. The dwelling unit shall be designed so that the appearance

of the building remains unchanged. Any new entrances shall

be located on the side or in the rear of the building.

e. Upper story residential dwelling proposals shall be in

compliance with all Building, Utility, and Housing Codes

within the Eagleville Municipal Code.

f. Additional parking for the dwelling unit shall comply to the

requirements for parking as provided in ARTICLE IV of this

ordinance.

H. Specific Standards for Community Facility Activities

In addition to the requirements of the applicable district and the general

requirements set forth above, a special exception shall be granted for the

community facility activities specified below only when the standards established

are met as part of the condition for issuing the permit in the applicable zoning

district.

1. Special Conditions for Administrative Services

a. There must be a demonstrated need for such activities to serve the

neighborhood or the total community.

b. All lot, yard, and bulk regulations of the zone district shall apply.

c. Appropriate off-street parking requirements shall apply.

d. Fencing, screening, and landscaping shall be provided as

appropriate to protect surrounding properties and reduce any

potential adverse impact.

e. The site and architectural plans shall be approved by the planning

commission.

Art. V II-12

2. Day Care Centers

a. Day Care Home and Group Home

All public utilities and sanitary sewers shall be available and

connected to the site unless the site is over one (1) acre in size.

The fire department shall approve the facility for safety.

All requirements of the State of Tennessee that pertain to the use

shall be met.

An outdoor play area of at least two hundred (200) square feet per

child in size shall be available and shall be fenced.

The facility shall be located so as to be compatible with the

surrounding area and provide safety to those using the facility.

Fencing, screening, and landscaping shall be provided as

appropriate to protect the surrounding area.

b. Day Care Center

No such facility shall be permitted on a lot unless such lot contains

at least one (1) acre.

3. Special Conditions for All Other Personal and Group Care Activities

a. No such facility shall be permitted on a zone lot unless it contains a

minimum of one (1) acre.

b. All bulk regulations of the district shall be met.

c. The requirements of the accessory off-street parking regulations of

this ordinance shall apply.

d. All regulations of the State of Tennessee shall be met.

e. All public utilities shall be available and connected to the site, and

the site and architectural plans for such a facility be approved by

the planning commission taking into account the above conditions

as well as any other pertinent factors.

f. Enclosed waste disposal area shall be identified on site.

4. Special Conditions for Community Assembly

a. No such facilities shall be permitted on a lot unless it contains one

(1) acre provided, however, that if such community assembly

includes outdoor activities, the minimum lot area shall be four (4)

acres.

b. All bulk regulations of the zone district shall apply.

c. Off-Street Parking

Art. V II-13

i. For nonprofit clubs, lodges, meeting halls and recreation

centers, one (1) space for each four (4) seats in an assembly

area within the facility, or one (1) space for each seventy-five

(75) square feet of gross floor area, whichever is greater,

shall be provided.

ii. For temporary nonprofit festivals, the required number of offstreet

parking spaces shall be determined by the BZA, taking

into account the traffic generation of such facility, the hours

of other such factors as affect the need for off-street parking.

d. Except for temporary nonprofit festivals fencing, screening and

landscaping shall be provided as appropriate for such facility,

except that no landscaped screen shall be located closer than

fifteen (15) feet of any vehicular entrance or exit to the property.

e. The location and operation of such community assembly facility

shall be in keeping with the character of the surrounding area and

shall not adversely affect the properties within the surrounding

area.

f. All public utilities shall be available and connected to the site.

Except for temporary nonprofit festivals, the site and/or architectural

plans shall first be approved by the planning commission taking into

account the above conditions.

5. Special Conditions for Cultural and Recreational Services

a. No such activity shall be permitted on a zone lot unless it contains

twice the lot area requirements of the district.

b. All bulk regulations of the district shall apply.

c. The off-street parking requirements of this ordinance shall apply.

d. Fencing, screening, and landscaping shall be provided as

appropriate to protect the surrounding area and shall not have an

adverse affect on properties within the surrounding area.

e. The location and operation of such facility shall be in keeping with

the character of the surrounding area and shall not have an

adverse affect on properties within the surrounding area.

6. Special Conditions for Community Education

a. No such facilities shall be permitted on a zone lot unless such lot

contains the acreage recommended for such facilities by the

appropriate state agency.

b. The traffic generated by such facility shall be safely accommodated

along the streets which will provide access to the site.

c. The location and design of such facilities shall not have an adverse

effect upon surrounding properties.

Art. V II-14

d. The off-street parking requirements of this ordinance shall apply.

7. Special Conditions for Health Care

a. Minimum Lot Area

i. No health clinics or centers for observation or rehabilitation

shall be permitted on a zone lot unless it contains twice the

lot area requirements of the district.

ii. No hospitals shall be permitted on a zone lot unless it

contains a minimum of five (5) acres.

b. The minimum side and rear yards for hospitals shall be fifty (50)

feet for a one (1) or two (2) story building, increased by five (5) feet

for each story above two (2).

c. All other regulations of the district shall apply.

d. There shall be provided along the entire site boundaries fencing,

screening, and landscaping as appropriate to protect the

surrounding residential area.

e. The location and operation of such facility shall be in keeping with

the character of the surrounding area and shall not have an

adverse effect on the properties in the surrounding area.

f. All public utilities shall be available and connected to the site.

g. The site and/or architectural plans shall first be approved by the

planning commission taking into account the above conditions.

h. The following activity classes and types may be permitted

accessory to the Health Care Activities provided they appropriately

complement the Health Care Activity, will not impose an adverse

impact on the surrounding land use, and be subject to all other

provisions of the zoning district:

i. Community Facility Activities

ii. Commercial Activities

8. Special Conditions for Religious Facilities

a. The location, size, and design of such facilities shall be situated so

that the proposed facility shall be compatible with the development

within the surrounding area thus reducing the impact upon such

area.

b. All bulk regulations of the district shall be met.

c. The off-street parking requirements of this ordinance shall apply.

Art. V II-15

9. Special Conditions for Bed and Breakfast Homes

In addition to the requirements of the applicable district and the general

requirements set forth in Section 7.060 (C), the following special

conditions shall be met prior to issuing a conditional use permit:

a. Bed and breakfast homes shall be established only within

preexisting single family residences.

b. Bed and breakfast homes shall continuously maintain current

licenses and permits as required by local and state agencies.

c. Bed and breakfast homes shall be solely operated by members of

the family residing in the home or residence.

d. The only meal to be provided to guests shall be breakfast, and it

shall only be served to guests taking lodging in the facility.

e. No food preparation or cooking for guests shall be conducted within

any bedroom made available for rent.

f. Rooms used for sleeping shall be part of the primary residential

structure and shall not have been specifically constructed or

remodeled for rental purposes.

g. Bed and breakfast homes shall be limited to a single on-premises

sign which shall be no greater than eight (8) square feet in size,

and shall be located no closer to the street right-of-way line than

fifteen (15) feet.

h. One (1) off-street parking space shall be provided for each guest

room rented in addition to the required two (2) spaces required for

the single family residence. Guest parking shall not be located

within any front yard. All such parking spaces shall be screened

from view from adjoining property by fence, wall, hedge, and berm.

i. If food is prepared or cooked, a menu made available, and a price

is charged therefore, a food server’s license must be obtained from

the Tennessee Department of Health.

j. A smoke detector shall be installed in each sleeping room, and a

fire extinguisher ten (10) pounds in size or larger shall be installed

and made easily accessible on each floor or story.

k. An evacuation plan must be approved by the city’s fire chief prior to

the issuance of a use and occupancy permit.

l. Minimal outward modification of the structure or grounds may be

made only if such changes are compatible with the character of the

area or neighborhood, and the intent of the zoning district in which

it is located.

m. Prior to the issuance of a use and occupancy permit for the

establishment of any bed and breakfast home not connected to a

public sewer system, certification shall be provided by the county

Art. V II-16

health department approving the subsurface disposal system as

being adequate to serve the total number of bedrooms occupied.

I. Specific Standards for Commercial Activities

A special exception shall not be granted for the commercial activities specified

below unless the standards established therein are met as a part of the

conditions for issuing such permit in the applicable districts.

1. Special Conditions for Group Assembly Activities

a. The location, size, and design of such facilities shall be situated so

that the proposed development shall be compatible with the

development within the surrounding area thus reducing the impact

upon the surrounding area.

b. The traffic generated by such facility shall be safely accommodated

along major streets without traversing local minor streets.

c. The off-street parking requirements shall be based on the type of

use and the needs of the use to adequately accommodate the

expected groups of people.

d. The site plan for such facilities shall be approved by the planning

commission taking into account the above conditions as well as any

other pertinent factors related to the use and operation of such

facilities.

e. When an application for a group assembly permit includes

amusement parks, sports arenas, fairgrounds, racetracks, and

similar recreational pursuits, the following requirements shall be

observed.

i. The minimum size site shall be twenty-five (25) acres.

ii. The minimum setbacks of all structures from all public roads

shall be one hundred (100) feet.

iii. Such facility shall be situated so that no residential use is

located closer than five hundred (500) feet from building

entrance of the principal use at the time of approval.

iv. Access to such facility shall be by a paved road and such

road shall be either a major arterial or major collector.

Traffic shall not be directed through residential subdivisions

or on minor residential streets.

v. Off-street parking shall be provided at a minimum of one (1)

space for each four (4) patrons or seats. For those facilities

which are not utilized on a regular and frequent basis,

parking may be provided on adjacent parcels of land

provided further that any parcel so used is located no more

than five hundred (500) feet from the lot boundary.

vi. Any lighting provided at such facilities shall be designed so

that no direct light falls on adjacent residential property.

Art. V II-17

vii. Accessory uses may be permitted in conjunction with the

principal use of the property provided that such uses are

physically designed as a part of or within the principal

structure. Such uses may include food sales, beverage

sales, gift or souvenir shops, and similar activities.

viii. Accessory structures may be permitted which are incidental

and subordinate to the principal structure. Such structure

may not be located within any required setback or buffer

area.

f. When an application for a Group Assembly Permit includes a

private campground, the following standards shall be met:

i. Such campground shall have on site management.

ii. The campground may include convenience commercial

establishments such as camp stores, laundry facilities, and

personal services; provided that such convenience

establishments are subordinate to the recreational character

of the campground; are located, designed and intended to

serve exclusively the patrons staying in the campground;

and such establishment and their parking areas shall not

occupy more than ten (10) percent of the area of the parking

or one (1) acre whichever is smaller.

iii. Such campground shall meet the following standards:

Minimum size - Ten (10) acres.

Maximum density - Ten (10) campsites per gross acre.

Sanitary facilities, including flush toilets and showers - Within

three hundred (300) feet walking distance of each campsite.

Dump station for travel trailers.

Potable water supply - One (1) spigot for each four (4)

campsites.

Trash receptacle - One (1) for each two (2) campsites.

Parking - One (1) space per campsite.

Picnic table - One (1) per campsite.

Fireplace or grill - One (1) per campsite.

Administration or safety building - Open at all times wherein

a portable fire extinguisher in operable condition and first aid

kit is available, and a telephone is available for public use.

iv. Such campground shall meet the following design

requirements:

Art. V II-18

Vegetation screen or ornamental fence which will

substantially screen the campsites from view of public rightof-

way and neighboring properties shall be provided around

or near the perimeter or that part of the campground

containing campsites. Such vegetation or fence shall be

maintained in good condition at all times.

Each campground shall reserve at least twenty-five (25)

percent of its total area as natural open space excluding

perimeter screening. Such open space may include

recreation and water areas, but may not include utility areas,

administration building, commercial areas, or similar

activities.

Each campsite shall have a minimum setback of twenty-five

(25) feet from any public road.

Each separate campsite shall contain a minimum of thirty

two hundred (3,200) square feet. (A campsite shall be

considered to consist of trailer or tent space, parking space,

picnic table, fireplace, and one-half (1/2) the roadway

providing access.)

Each campsite shall be directly accessible by an interior

road.

All interior roads shall be a minimum of ten (10) feet wide for

one (1) way traffic and eighteen (18) feet wide for two-way

traffic.

All interior roads shall meet the following curve

requirements:

Minimum radius for a 90 degree turn - 40 feet

Minimum radius for a 60 degree turn - 50 feet

Minimum radius for a 45 degree turn - 68 feet

No campsite shall be used as a permanent residence.

2. Special Conditions for Entertainment and Group Assembly

For small meeting and reception facilities allowed in residential areas, the

following requirements shall apply:

a. No such facility shall be permitted on a zone lot, unless it contains

sixty thousand (60,000) square feet.

b. The location, size and design of such facility shall be situated so

that it will be compatible with the development within the

surrounding area, thus reducing the impact upon such area.

c. No facility shall have a capacity for over one hundred (100)

persons.

Art. V II-19

d. Each facility shall maintain a twenty (20) foot buffer strip between

any residential area.

e. Any site lighting shall be indirect that will not illuminate the

surrounding property.

f. Any proposed sign shall be limited to a monument sign no more

than five (5) feet in height and twenty-five (25) square feet in

surface area.

g. All off-street parking requirements of this ordinance shall apply.

h. Any such facility may be considered an appropriate accessory use

and structure to an existing residence so long as the existing

residence serves as living quarters for persons regularly employed

to provide catering and management services to the facility. The

facility may be located in a separate building.

J. Specific Standards for Agricultural and Extractive Activities

A special exception permit shall not be granted for the agricultural and extractive

activity specified below unless the standards established therein are met as a

part of the conditions for issuing such permit in the applicable zone districts.

1. Special Conditions for Mining and Quarrying Activities

a. The location of such an activity shall be in an area sparsely

developed during the length of time the mining or quarrying activity

is anticipated.

b. Any permit issued hereunder shall be based on a site plan or other

documents submitted with an application which shall provide for the

following:

i. Existing contours of the site and up to one hundred (100)

feet beyond the site boundary. Contour intervals shall be at

two (2) foot intervals.

ii. Location of the area in which the proposed quarrying activity

is to be conducted.

iii. Location of all proposed buildings, crusher and screening

equipment, roadways and other facilities proposed on the

site.

iv. Proposed method of drainage of the quarry area.

v. Proposed fencing of the quarry area. Fencing shall be

provided around all open excavations.

vi. Methods proposed for blasting. Open blasting commonly

referred to as "pop shots" shall be prohibited.

vii. Methods proposed to control noise, vibration and other

particulate matter.

Art. V II-20

viii. Finished contours of the site after the quarrying operation

has been terminated. The site shall be graded and/or filled

so as to be in substantial conformity with the topography of

the surrounding lands. All fill material shall be nontoxic,

nonflammable, and noncombustible solids. All areas that

are backed-filled shall be left so that adequate drainage is

provided.

c. Approval for mining and quarrying activity may also include

accessory concrete batching plants, asphaltic cement mixing plants

and/or rock crushing activities on the same zone lot or adjoining

zone lots which may have directly opposing frontages on the same

public street. If such accessory activities are included on the quarry

site, the total site must meet all the special condition requirements

for mining and quarrying activities; however, in conditions of

multiple zone lots, the outer perimeter of the site shall be

considered the lot line.

d. Before issuing a permit the BZA shall require the owner of the

quarry facility to execute a bond in an amount to be determined by

the planning commission per acre of active quarry throughout a five

(5) year period to restore the lands in the manner prescribed

herein, including the removal of all structures and machinery.

e. Any permit issued hereunder shall not be for a period exceeding

five (5) years. After the expiration date of such special permit, the

BZA may review and grant an extension of time in the manner and

procedure as prescribed for an original application.

f. The site plan is first approved by the planning commission taking

into account the above conditions as well as any other factors

related to the use and operation of such facilities.

K. Specific Standards for Manufacturing Activities

A special exception permit shall not be granted unless the standards

below are met:

a. The activity takes place in completely enclosed buildings.

b. Access for heavy trucks and employees are from a major

thoroughfare or industrial access road from a major thoroughfare

with residential streets unaffected.

c. State permits for air pollution standards, ground water and

emissions must be obtained and kept up-to-date.

d. The site plan is first approved by the planning commission taking

into account factors related to the use and operation of the facility.

The regulations, restrictions, and boundaries set forth in this ordinance may from time to

time be amended, supplemented, changed, or repealed by the Eagleville City Council.

Any member of the City Council may introduce such legislation, or any official, board, or

Art. V II-21

any other person may present a petition to the City Council requesting an amendment

or amendments to this ordinance.

No amendment to this ordinance shall become effective, unless it is first submitted to

the Eagleville Planning Commission for review and recommendation. The planning

commission shall have sixty (60) days within which to submit its recommendation to the

City Council. If the planning commission disapproves the amendment, it shall require

the favorable vote of a majority of the City Council to become effective. If the planning

commission fails to submit a report within the sixty (60) day period, it shall be deemed to

have approved the proposed amendment.

No change or departure from the text or maps as certified by the planning commission

shall be made, unless such change or departure be first submitted to the planning

commission and approved by it, or, if disapproved, received the favorable vote of a

majority of the entire membership of the City Council.

Before finally adopting any such amendment, the City Council shall hold a public

hearing thereon, at least fifteen (15) days notice of the time and place of which shall be

given by at least one (1) publication in a newspaper of general circulation in the city;

and any such amendment shall be published at least once in the official newspaper of

the city or in a newspaper of general circulation in the city.

A fee due and payable at the time of filing of petition shall be posted with requests to

amend a provision or provisions of this zoning ordinance. The fee is to be used by

Eagleville to defray costs resulting from such petition and any subsequent amendment

of the zoning ordinance.

A proposed change of zoning district boundaries shall be initiated by the filings of

an application with the Eagleville Planning Commission. Said application shall

contain:

1. The name and address of the owner and/or owners of the subject

property(ies) and the written certification of the authorized agent.

2. A written legal description of the subject property(ies) including the

Rutherford County Tax Plat number and acreage.

3. A description of the proposed zone changes, modification or repeal

together with written justifications for the requested zone changes.

4. The names and addresses of the adjacent property owners including

those property owners across streets, roads, highways, and/or railways,

and waterways which border the applicant's property(ies).

5. Eight (8) copies of a map depicting the property(ies) requested for

rezoning. These maps shall be at a scale of no less than 1"=100' and no

larger than 1"=30' and show the following information.

a. Title, north arrow, graphic scale, date, civil district, and the acreage

of the property to be rezoned.

b. Dimensions in feet of property(ies) to be rezoned.

Art. V II-22

c. All roads and easements within or adjoining property(ies) to be

rezoned.

d. Location, size, type and current use of any building(s) on the

property(ies) requested for rezoning.

6. As set out in the Eagleville Rezoning Fee Schedule.

7. The applicant shall be required to pay a fee for a notification sign to be

placed on property to be required fourteen (14) days prior to consideration

of the Planning Commission Meeting and will remain in place until action

by the City Council.

Any lands or territory annexed into the corporate limits of Eagleville shall be zoned in

accordance with provision made therefore in the annexation ordinance that may be

adopted in connection with the annexation ordinance and shall from the date of such

annexation be zoned and classified in accordance with this zoning ordinance. If no

provision is made in the annexation ordinance, then it shall enter the municipality as R-1

(Low-Density Residential).

Any persons violating any provisions of this ordinance shall be guilty of a misdemeanor,

and upon conviction shall be fined not less than five dollars ($5.00) nor more than fifty

dollars ($50.00) for each offense. Each day such violations continue shall constitute a

separate offense.

In case any building or other structure is erected or in the process of being erected,

altered, repaired, converted, or maintained, or any building, structure, or land is used in

violation of this ordinance, the Zoning Administrator or any other appropriate authority,

or any adjacent or neighboring property owner who would be specifically damaged by

such violation, may institute an injunction, mandamus, or other appropriate remedy or

proceeding to prevent such unlawful erection, construction, reconstruction, alteration,

repair, conversion, maintenance, or use, as well as correct such violation, or to prevent

occupancy of such building, structure, or land.

Should any section, clause, or provision of this ordinance be declared by a court of

competent jurisdiction to be unconstitutional or invalid, this judgement shall not affect

the validity of this ordinance as a whole or any other part of this ordinance be judged

invalid or unconstitutional.

Whenever the conditions of this ordinance are less restrictive than comparable

conditions imposed by any other provision of this ordinance or any other ordinance, the

more restrictive provisions shall govern.

Art. V II-23

This ordinance shall take effect from and after the effective date of its passage and

publication as required by law, the public welfare requiring it.

Certified by the Eagleville Municipal Planning Commission.

___________ ___________

Date Chairman, Planning Commission

Approved and adopted by the City Council of Eagleville, Tennessee.

___________________________ _______

Date Nolan Barham, Sr., Mayor

Eagleville, Tennessee

_____

City Clerk