Clarksville City Zoning Code

1.

Administration. The Building Official shall administer Chapters 1 through 11 of this Ordinance and in addition shall:

A.

Issue all building permits and make and maintain records thereof;

B.

Issue all certificates of occupancy and make and maintain records thereof;

C.

Issue and renew, where applicable, all temporary use permits and make and maintain records thereof; and

D.

Keep current zoning maps and records of amendments thereto.

2.

Board of Zoning Appeals. A Board of Zoning Appeals is hereby established in accordance with title 13, chapter 7, Tennessee Code Annotated. The Board of Appeals shall consist of five (5) members, one of which shall be a member of the Clarksville-Montgomery County Regional Planning Commission. The members shall be appointed by the Mayor and confirmed by a majority vote of the City Council. The term of membership shall be five (5) years, except that the initial individual appointments to the board shall be terms of one (1), two (2), three (3), four (4), and five (5) years, respectively. Vacancies shall be filled for any unexpired term by appointment by the Mayor and confirmation by the City Council. The Board of Zoning Appeals, City of Clarksville, Tennessee, for the purpose of this chapter, shall be referred to as the board. The board shall:

A.

Establish such rules of procedures as are necessary to the performance of its functions hereunder.

B.

Function as the Board of Zoning Appeals as defined by title 13, chapter 7, Tennessee Code Annotated, and shall have the following powers:

I.

To hear and decide appeals where it is alleged there is an error in any order, requirement, permit refusal, decision, or determination made by an administrative official in carrying out any provision of Chapters 1 through 11 on this Ordinance.

II.

To hear and decide in accordance with the provisions of Chapters 1 through 11 of this Ordinance, requests for interpretation of the zoning district map.

III.

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Ordinance would result in peculiar and exceptional practical difficulties to or exception or undue hardship upon the owner of such property, authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance.

IV.

To review and decide all applications for uses permitted on review in accordance with the applicable chapters and sections of Chapters 1 through 11 of this Ordinance.

V.

To compel the attendance of witnesses at hearings and to administer oaths.

VI.

To call on any city department for assistance in its duties.

C.

Each Board of Zoning Appeals member shall, within one (1) year of initial appointment and each calendar year thereafter, attend a minimum of four (4) hours of training and continuing education in one (1) or more of the subjects listed in Subsection D.I.

D.

Each building or other administrative official whose duties include advising or administrating the Board of Zoning Appeals shall, each calendar year, attend a minimum of eight (8) hours of training in one (1) or more of the subjects listed in Subsection D.I.

I.

The subjects for the training and continuing education required by Subsections C and D, shall include, but not be limited to, the following: land use planning; zoning; flood plain management; transportation; community facilities; ethics; public utilities; wireless telecommunications facilities; parliamentary procedure; public hearing procedure; land use law; natural resources and agricultural land conservation; economic development; housing; public buildings; land subdivision; powers and duties of the Board of Zoning Appeals, and any other subject which may be authorized by TCA 13-7-205.

II.

Each of the individuals listed in Subsections C and D above shall certify by December 31 of each calendar year such individual's attendance by a written statement filed with the secretary of the Board of Zoning Appeals. Each statement shall identify the date of each program attended, its subject matter, location, sponsors, and the time spent in each program.

III.

If a Board of Zoning Appeals member fails to complete the requisite number of hours of training and continuing education within the time allotted by this Subsection D or fails to file the statement required by this Subsection D, then this shall constitute a cause for the removal of the Board of Zoning Appeals member from the Board of Zoning Appeals.

3.

Meetings. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. All meetings shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent, or if failing to vote, indicating such fact; shall take all evidence necessary to justify or explain its actions, all of which shall be immediately filed in the office of the board and shall be a public record.

4.

Public Hearing. Upon receipt of application for a variance, use permitted on review, an interpretation of the zoning district map, or an interpretation of any provision of Chapters 1 through 11 of this Ordinance, the board shall hold a public hearing. Notification of the hearing shall appear in the newspaper of general circulation in Clarksville at least ten (10) days before the date set for the hearing. Notice also shall be mailed to the owner or his agent, to adjacent property owners, governmental departments and agencies directly affected, and the Director of the Clarksville Montgomery County Regional Planning Commission at least five (5) days prior to the date set for the hearing. Upon the hearing, any person or party may appear and be heard in person, by agent, or attorney.

5.

Applications. Applications for uses permitted upon review and for variances may not be made more often than once every twelve (12) months, and then only if in the opinion of the Building Official, circumstances of the case have materially changed.

The purpose of a variance is to modify the strict application of the requirements of Chapters 1 through 11 of this Ordinance of the enactment of the zoning ordinance.

1.

Application. After written denial of a building permit from the Building Inspector, a property owner may make application for a variance using forms supplied by the Building and Codes Department.

2.

Standards for Granting Variances. In granting a variance, the board shall ascertain that the following criteria are met:

A.

That the literal enforcement of Chapters 1 through 11 of this Ordinance of this title will result in unnecessary hardship;

B.

The alleged difficulty or hardship shall not be self-imposed by a current or previous person having an interest in the property after the enactment of the zoning regulation.

C.

That the granting of the permit will not be contrary to the public interest;

D.

That by granting the permit, contrary to the provisions of Chapters 1 through 11 of this Ordinance, the spirit of this Ordinance will be observed;

E.

That by granting the permit, substantial justice will be done; and

F.

Financial gain or financial hardship shall not be the sole basis of the granting of the variance.

3.

The Board of Zoning Appeals shall not accept any application for variances from minimum lot sizes, lot widths, or any other variances which would allow the lot owner to obtain additional lots or units as permitted in the zone district in which the property is located.

1.

The Board of Zoning Appeals is authorized to hear and decide upon uses permitted on review by this section, to decide such questions as are involved in determining whether uses permitted on review should be granted, and to grant uses permitted on review with such conditions and safeguards as are appropriate under this section; or to deny uses permitted on review when not in harmony with the purpose, intent, or land use development standards of this Ordinance.

2.

Procedure: A use permitted on review shall not be granted by the Board of Zoning Appeals unless and until:

A.

An application shall be filed with the Building Official of the Building and Codes Department or his/her designee for review. Such application shall show the location and intended use of the site, the names of the property owners and any other material pertinent to the request which the Board of the Building and Codes Department may require.

B.

A public hearing shall be held as provided for in this chapter.

3.

In the exercise of its approval, the board may impose such conditions upon the proposed uses of buildings or land as it may deem necessary, based upon information presented at the hearing, to prevent or minimize any adverse effects of the proposed use upon, and to insure the compatibility of such uses with, other property in the vicinity.

4.

The board may establish hours of operation; require greater setbacks; require adequate screening and buffering; and impose other reasonable conditions as necessitated by the general criteria listed below in order to protect the public health, safety, and welfare on any use permitted on review as a condition of approval.

5.

General Criteria. General requirements are hereby established which shall apply to all applications for uses permitted on review. A use permitted on review shall not be granted by the Board of Zoning Appeals unless and until the following determinations have been made:

A.

The proposed use is compatible with, and will not adversely affect, adjacent properties and other properties in the area.

B.

Adequate public facilities, such as highways, streets, parking spaces, drainage structures, fire protection, and water and sewer services, are available to accommodate the proposed use.

C.

The proposed use will not adversely affect the safety of vehicular and pedestrian circulation in the area.

D.

The proposed use shall provide off-street parking and loading facilities as required by the parking requirements of this Ordinance.

E.

The proposed use shall reasonably protect persons and property from erosion, flooding, fire, noise, vibration, glare, odor, or similar hazards, except in such zone district where such are allowed.

F.

The proposed use is so designed, located, and proposed to be operated that the health, safety, and welfare of persons in the neighborhood will be protected.

G.

The request is within the provisions of uses permitted on review and meets all standards as set forth in this Ordinance.

The regulations (text) and zone district boundaries (map) set forth in Chapters 1 through 11 of this Ordinance may be amended, supplemented, revised, or repealed from time to time as conditions warrant, as hereinafter set forth.

1.

Application. A proposed change of zoning district boundaries (map amendment or rezoning)) may be initiated by the City Council, the Regional Planning Commission, or by petition of one (1) or more owners or authorized agents of the owner or owners of property within the area proposed to be changed. A proposed change to text of the zoning regulations (text amendment) may be initiated by the City Council or the Regional Planning Commission. In the case of a zoning district map amendment, the petition (application) by an individual must be by the owner(s) or their authorized agents of the subject property; an individual who is not an owner of the subject property cannot petition (apply) for a zoning district map amendment. All amendments (zoning map or text) thus introduced shall be referred to the Clarksville-Montgomery County Regional Planning Commission for action. The zoning map amendment (rezoning) may be initiated by the subject property owner(s) or their authorized agent(s) through the filing of an application (petition) with the Clarksville-Montgomery County Regional Planning Commission. Regular meeting dates and times, rezoning application fees and the deadline for each regular meeting, shall be established by the Regional Planning Commission Office. The application shall contain:

A.

The name and address of the owner and/or owners of the subject property, and the written designation of any authorized agent for any zoning district map amendment (rezoning). In the case of a zoning ordinance text amendment, the effected property owners are to be generally described.

B.

A written legal description of the subject property including the Montgomery County tax plat number and acreage for only a zoning district map amendment.

C.

A description of the proposed zone map change, together with written justifications for the requested zone map change.

D.

In the case of a zoning ordinance text amendment, the specific wording change shall be provided along with an explanation of why the text amendment is needed.

E.

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, for a zoning district map amendment

F.

Two (2) copies of a map depicting the property requested for rezoning (zoning district map amendment). These maps shall be at a scale of no less than one (1) inch equals one hundred (100) feet and no larger than one (1) inch equals thirty (30) feet and show the following information:

I.

Title, north arrow, graphic scale, date, civil district, and the acreage of the property to be rezoned.

II.

Dimensions in feet of property to be rezoned.

III.

All roads and easements within or adjoining property to be rezoned.

IV.

Location, size, type, and current use of any building on the property requested for rezoning.

V.

Location of the adjoining property owners in relation to the property to be rezoned.

2.

Public Hearing. Upon receipt of the approved application, the Clarksville-Montgomery County Regional Planning Commission shall schedule a hearing with the City Council, having first given at least fifteen (15) days notice thereof by one (1) publication in a newspaper of general circulation for the zoning district map amendment (rezoning) or zoning ordinance text amendment.

3.

Action on Petition. Any proposed amendment, supplement, modification, or change (zoning district map amendment or zoning ordinance text amendment) shall first be submitted to and approved by the Clarksville-Montgomery County Regional Planning Commission, or if disapproved, receive the favorable vote of the majority of the entire membership of the City Council. If the City Council takes no final action upon the proposed amendment, supplement, or change (zoning district map amendment or zoning ordinance text amendment) within one hundred (100) days following the public hearing provided for in this section, the failure to act shall be deemed to be a denial.

Fees required for filing appeals or uses permitted on review, fees for rezoning applications, and fees for applications for amendments to Chapters 1 through 11 of this Ordinance, and fees for review of site plans, overlay district plans, or landscape plans shall be established by the administering body for the application(s). Under no conditions shall the fee, or any part thereof, be refunded for failure of the proposed amendment, appeal, or change to be enacted into law, or for the failure of any plans to be approved.

The provisions of Chapters 1 through 11 of this Ordinance shall be interpreted and administered by the building official of the City. This official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary to carry out his/her duties in the enforcement of Chapters 1 through 11 of this Ordinance.

1.

Building Permit Required. An application for a building permit shall be obtained from the Building and Codes Department. It shall be unlawful to commence the excavation or construction of any building, including accessory buildings, or to commence the moving or alteration of any building, including accessory buildings, until the building official has issued a building permit for the work.

2.

Issuance of Building Permit. In applying to the building official for a building permit, the applicant shall submit a dimensional sketch or scale plan showing the shape, size, height, location and arrangement of all buildings to be erected, altered, or moved and any buildings in place on the lot or parcel. The applicant shall also submit a statement of the existing and intended use of all such buildings and supply such other information as may be required by the building official for determining whether the provisions of Chapters 1 through 11 of this Ordinance are being observed. If the proposed excavation or construction, as set forth in the application, is in conformity with the provisions of Chapters 1 through 11 of this Ordinance and other Ordinances of the City of Clarksville currently in force, the Building Official shall issue a building permit for the excavation or construction. If a building permit is refused, the Building Official shall state the refusal in writing.

A.

The issuance of a permit shall in no case be construed as waiving any provision of Chapters 1 through 11 of this Ordinance.

B.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within six (6) months after its issuance.

No land or building shall be occupied and no change in occupancy of land, a building, or part of a building shall be made until the Building Official has issued a certificate of occupancy stating that the land, building, or part thereof, and the proposed use thereof, are found to be in conformity with the provisions of Chapters 1 through 11 of this Ordinance and other applicable Ordinances of the City of Clarksville related to the use of land and/or occupancy of buildings.

Within five (5) days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building official to make a final inspection thereof and to issue a certificate of occupancy of the land, building, or part thereof and the proposed use thereof are found to conform with Chapters 1 through 11 of this Ordinance and other Ordinances and Codes of the City of Clarksville in force; or, if the certificate is refused, to state the grounds for the refusal in writing.

It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any building or structure, or to use any land in violation of any regulation in Chapters 1 through 11 of this Ordinance.

Compliance may be enforced by means of pecuniary penalties or injunction. Any city code enforcement officer or law enforcement officer is hereby empowered to issue citations to any person for any violation of any of the provisions of the Zoning Ordinance. Citations issued for violation of any of the provisions of the Zoning Ordinance shall be tried in the Clarksville Municipal Court. Each violation shall be subject to a civil fine of up to fifty dollars ($50.00), in addition to any other remedies or penalties provided by law or court order. Each day a violation continues or occurs shall be deemed a separate offense.

(Ord. No. 81-2024-25, 6-5-2025)

In their interpretation and application, the provisions of Chapters 1 through 11 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 or Regulations which may exist or be adopted hereafter impose greater restrictions than those specified herein, compliance with those Ordinances or regulations shall be mandatory.

Unless a previously allowed zoning amendment by the City Council, no action shall be initiated for a zoning amendment affecting the same parcel of land more often than once every twelve (12) months; provided, however, by resolution approved by a three-fourth (¾) majority of members present of the City Council, that the action may be initiated at any time.

EFFECTIVE DATES AND AMENDMENTS DATES

1.

Zoning Ordinance Rewrite:

• Adopted by the City Council (Ordinance 36-2010-11): November 4, 2010

• Effective Date of Ordinance and Publication Date: November 10, 2010

2.

Development Directory Signs and Expansion of Nonconforming Residential Uses in the R-2D, R-3 and R-4 Districts:

• Amended by the City Council (Ordinance 83-2010-11): May 5, 2011

• Effective Date of Ordinance and Publication Date: May 10, 2011

3.

Use Definitions for Alcohol Distilleries and Micro-Breweries:

• Amended by the City Council (Ordinance 9-2012-13): September 6, 2012

• Effective Date of Ordinance and Publication Date: September 11, 2012

4.

Residential Cluster Development Option - perimeter buffer in common ownership

• Adopted by the City Council (Ordinance 74-2012-13): April 4, 2013

• Effective Date of Ordinance and Publication Date: April 10, 2013

5.

Residential Cluster Development Option Amendments (minimum lot area and width) and Zoning Text Amendment Applicant Eligibility:

• Adopted by the City Council (Ordinance 96-2012-13): July 2, 2013

• Effective Date of Ordinance and Publication Date: July 6, 2013

6.

New R-6 High Density Single Family Detached District:

• Adopted by the City Council (Ordinance 22-2013-14): November 7, 2013

• Effective Date of Ordinance and Publication Date: November 12, 2013

7.

Beekeeping:

• Adopted by the City Council (Ordinance 8-2014-15): August 7, 2014

• Effective Date of Ordinance and Publication Date: August 12, 2014

8.

Homeless Shelter Residential Separation Distance reduced to 500 feet:

• Adopted by the City Council (Ordinance 7-2014-15): September 4, 2014

• Effective Date of Ordinance and Publication Date: September 9, 2014

9.

Housekeeping Amendments such as reduced off-street parking requirements and queuing for drive-through windows:

• Adopted by the City Council (Ordinance 33-2014-15): January 6, 2015

• Effective Date of Ordinance and Publication Date: January 11, 2015

10.

Multiple Family and Townhouses in C-2 District:

• Adopted by the City Council (Ordinance 39-2014-15): April 2, 2015

• Effective Date of Ordinance and Publication Date: April 7, 2015

11.

Vested Property Rights in Site Review Requirements:

• Adopted by the City Council (Ordinance 52-2014-15): May 7, 2015

• Effective Date of Ordinance and Publication Date: May 12, 2015

12.

Create Downtown Design Overlay District, Adopt Downtown Design Overlay District Standards and Guidelines, and Amend CBD and Downtown Sidewalk Sign Regulations

• Adopted by the City Council (Ordinances 56, 57 & 58-2015-16): January 7, 2016

• Effective Date of Ordinance: January 7, 2016

13.

Masking Provisions for Communication Towers

• Adopted by the City Council (Ordinances 82-2015-16): May 5, 2016

• Effective Date of Ordinance: May 5, 2016