ARTICLE VI - EXCEPTIONS AND MODIFICATIONS SECTION

6.010 Scope

6.020 Nonconforming Uses

6.030 Exceptions to Height Limitations

6.040 Lots of Record

6.050 Exceptions to Front Setback Requirements

6.060 Absolute Minimum Lot Size

6.010 SCOPE

ARTICLE VI, of this ordinance, is devoted to providing for the necessary exceptions and modifications to the supplementary and specific zoning district provisions provided in ARTICLE V, respectively.

6.020 NONCONFORMING USES

The districts established in this ordinance (as set forth in district regulations in ARTICLE V) are designed to guide the future use of land in Eagleville, Tennessee, by encouraging the development of desirable residential, commercial, and industrial areas with appropriate groupings of compatible, and related uses and thus promote and protect the public health, safety, and general welfare. As a necessary corollary, in order to carry out such purposes, nonconforming uses which adversely affect the development of such areas must be subject to certain limitations. The provisions governing nonconforming uses set forth in this article are therefore established to contain the existing undesirable conditions resulting from such incompatible nonconforming uses, which are detrimental to the achievement of such purposes. While such uses are generally permitted to continue, this ordinance is designed to restrict any expansion of such uses beyond the site which the use occupied upon the effective date of this ordinance.

In the case of buildings or other structures not complying with the bulk regulations of this ordinance, the provisions governing noncomplying buildings or other structures set forth in this article are established in order to permit the continued use of such buildings or other structures, but to limit the creation of additional noncompliance or increase in the degree of noncompliance.

These provisions are thus designed to preserve the character of the districts established in this ordinance in light of their suitability to particular uses, and thus to promote the public health, safety, and general welfare.

Art. VI-2

6.021 Provisions Governing Nonconforming Uses

A. Applicability

The provisions of this article are applicable to all uses which are not permitted within the districts in which they are located. Additionally, buildings and other structures located within the floodway are considered within the regulations of nonconforming uses.

B. Construction or Use Permit Approved Prior to Ordinance Adoption

Nothing contained herein shall require any change in the overall layout, plans, construction, site or designated use of any development, building, structure, or part thereof where official approvals and required building permits have been granted before the enactment of this ordinance, or any amendment thereto, the construction of which, conforming with such plans, shall have been started prior to the effective date of this ordinance and completion thereof carried on in a normal manner within the subsequent six (6) months period, and not discontinued until completion except for reasons beyond the builder's control.

In the event that the activity or construction of such building or other structures is not substantially underway and being diligently pursued within the six (6) month period following the issuance of a building permit, then such permit shall automatically lapse and the provisions of this ordinance shall apply.

C. Repairs and Alterations

Nothing in this article shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.

D. Zone Lot Containing Nonconforming Use

A zone lot containing a nonconforming use shall not be reduced in area except to comply with Section C., above.

E. Continuation of Nonconforming Use

Any nonconforming use which existed lawfully at the time of enactment of this ordinance and which remains nonconforming under the provisions contained herein or any use which shall become nonconforming upon enactment of this ordinance, or any subsequent amendments thereto, may be allowed to continue in operation and be permitted provided that no change in use is undertaken.

Art. VI-3

F. Change of Nonconforming Use

1. General Provisions

For the purpose of this article, a change in use is a change to another use either under the same activity type or any other activity type or major class of activity; however, a change in occupancy or ownership shall not, by itself, constitute a change of use.

A nonconforming use may be changed to any conforming use, and the applicable bulk regulations and accessory off-street parking requirements shall apply to such change of use or to alterations made in order to accommodate such conforming use.

2. Land with Incidental Improvements

In all districts a nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall be changed only to a conforming use.

3. Nonconforming to Conforming Use

Whenever a nonconforming use is changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.

G. Expansion of Nonconforming Uses

1. General Provisions

Any nonconforming use which shall become nonconforming upon enactment of this ordinance, or any subsequent amendments thereto, may be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the nonconforming use provided that any such expansion shall not violate the provisions as set out below.

2. Land with Incidental Improvements

In all districts a nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be allowed to expand through the addition of buildings or other structures.

3. Adequate Space for Expansion

No expansion or any nonconforming use shall infringe upon, or increase the extent of any infringement existing at the time of adoption of this ordinance, upon any open space required by this ordinance.

All required yard setback requirements must be adhered to in any such expansion project.

Art. VI-4

4. Expansion Limited

Any expansion of a nonconforming use permitted under the provisions of this section shall take place only upon the zone lot(s) on which said use was operating at the time the use became nonconforming.

Nothing within this provision shall be construed so as to permit expansion of any nonconforming use through the acquisition and development of additional land.

H. Damage or Destruction

1. General Provisions

Any nonconforming use which shall become nonconforming upon enactment of this ordinance, or any subsequent amendments thereto, may be permitted to reconstruct damaged or destroyed facilities which involve any actual continuance of the nonconforming use provided that any such reconstruction shall not violate the provisions set out below.

2. Change in Use Prohibited

No reconstruction of damaged or destroyed facilities may occur which shall act to change the nonconforming use (as regulated in Section G., above) to other than a permitted use.

3. Infringement upon Open Space Restricted

No reconstruction of damaged or destroyed facilities utilized by a nonconforming use shall increase the extent of any infringement upon any open space required by this ordinance.

I. Discontinuance

When a nonconforming use of land or the active operation of substantially all the nonconforming uses in any building or other structure or tract of land is discontinued for a period of one (1) year, then the land or building or other structure shall thereafter be used only for conforming use. Intent to resume active operations shall not affect the foregoing provision.

6.030 EXCEPTIONS TO HEIGHT LIMITATIONS

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, transmission towers, windmills, chimneys, smokestacks, conveyors, flag poles, radio towers, masts, silos and aerials.

6.040 LOTS OF RECORD

The following provisions shall apply to all existing lots of record:

A. Where the owner of a lot consisting of one or more adjacent lots of official record at the time of the adoption of this ordinance does not own sufficient land to enable him to conform to the yard or other requirements of this

Art. VI-5

ordinance, an application may be submitted to the Board of Zoning Appeals for a variance from the terms of this ordinance. Such lot may be used as a building site, provided, however, that the yard and other requirements of the district are complied with as closely as in the opinion of the Board of Zoning Appeals as possible.

B. No lot which is now or hereafter built upon shall be so reduced in area that the yards and open space will be smaller than prescribed by this ordinance, and no yard, court, or open space provided around any building for the purpose of  complying with the provisions hereof, shall again be considered as a yard, court, or other open space for another building.

C. Where two (2) or more lots of record with a continuous frontage are under the same ownership, or where a substandard lot of record has continuous frontage with a larger tract under the same ownership, such lots shall be combined to form one or more building sites meeting the minimum requirements of the district in which they are located.

6.050 EXCEPTIONS TO SETBACK REQUIREMENTS

The front setback requirement of this ordinance for dwellings shall not apply to any lot where the average depth of existing setbacks on the developed lots located within one hundred (100) feet on each side of such lot is less than the minimum required front yard depth. In such cases, the front yard setback may be less than required but not less than the average of the existing depth for front yards on developed lots within one hundred (100) feet on each side of the lot. In residential districts, however, the setback shall in no case be less than fifteen (15) feet from the street right-of-way line.

6.060 ABSOLUTE MINIMUM LOT SIZE

In no case shall the Zoning Administrator or the Eagleville Board of Zoning Appeals permit a residence to be erected on a lot whose width at the building line is less than seventy-five (75) feet and/or whose total lot area is less than

ARTICLE VII

ADMINISTRATION AND ENFORCEMENT

SECTION

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

7.010 ADMINISTRATION OF THE ORDINANCE

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.

7.020 THE ENFORCEMENT OFFICER

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

7.030 ZONING COMPLIANCE PERMIT (BUILDING PERMITS)

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

7.040 TEMPORARY USE PERMITS

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.

7.050 BOARD OF ZONING APPEALS

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 rovisions of this ordinance. Such appeal shall be taken by filing with the BZA a notice of appeal specifying the grounds thereof. The Zoning Administrator 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

7.060 VARIANCES

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.

7.070 PROCEDURE FOR AUTHORIZING SPECIAL EXCEPTIONS

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

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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.

7.080 AMENDMENTS TO THE ORDINANCE

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.

7.081 Application for Rezoning

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.

7.090 ZONING OF ANNEXED PROPERTY

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).

7.100 PENALTIES

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.

7.110 REMEDIES

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.

7.120 VALIDITY

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.

7.130 INTERPRETATION

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

7.140 EFFECTIVE DATE

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