Clarksville City Zoning Code

1.4.1   GENERAL

The provisions of this Zoning Ordinance shall apply to all land within the jurisdiction of the City of Clarksville, Tennessee. Except as hereinafter provided, no building shall be erected or structurally altered, nor shall any building or premises be used for any purpose other than permitted in the zoning district in which the building or premises is located. No land or lot area shall be so reduced or diminished that the yards or open spaces are less than prescribed herein, nor shall the lot area be reduced in any manner except in conformity with the area regulations hereby established for the district in which such building or use is located. No yard or other open space provided for any building for the purpose of complying with these regulations shall be considered as providing a yard or other open space for any other building.

1.4.2   MINIMUM REQUIREMENTS

The requirements of this Zoning Ordinance shall be considered as the minimum requirements for the promotion of the public health, safety and general welfare.

1.4.3   NEW DEVELOPMENTS

Upon the effective date of this Zoning Ordinance or any subsequent amendment, any new building or other structure or any tract of land shall be used, constructed or developed only in accordance with all applicable provisions of this Zoning Ordinance.

1.4.4   EXISTING DEVELOPMENTS

Any existing use, lot, building or other structure legally established prior to the effective date of this Zoning Ordinance that does not comply with any of its provisions shall be subject to the regulations of the nonconforming provisions of this Zoning Ordinance stipulated in Chapter 10.

1.4.5   DIVISION OF A LOT, TRACT OR PARCEL

No recorded lot, tract or parcel shall be divided into two (2) or more lots, tracts or parcels unless such division results in the creation of lots, tracts or parcels each of which conforms to all of the applicable regulations of the district in which property is located. Except when a portion of a lot, tract of parcel is acquired for public purpose, no reduction in the size of a lot, tract or parcel below the minimum requirements of Chapters 1 through 11 of this Ordinance shall be permitted.

1.5.1   CONFLICTS WITH OTHER RESOLUTIONS, ORDINANCES, REGULATIONS AND LAWS

Where this Zoning Ordinance imposes a greater restriction on properties than that imposed by other resolutions, ordinances, regulations or laws, the provisions of this Ordinance shall govern. Where the provisions of any other statute, ordinance, or regulation impose greater restrictions than this Ordinance, said statute, ordinance or regulations shall govern.

1.5.2   CONFLICTS WITH PRIVATE AGREEMENTS

The City shall not be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

1.6.1   PREVIOUSLY ISSUED PERMITS, VARIANCES AND USES PERMITTED ON REVIEW

Variances, exceptions, uses permitted on review or permits authorized before the effective date of this Zoning Ordinance may be continued, changed, extended, enlarged or structurally altered only as follows:

1.

Any permit issued before the effective date of this Ordinance or subsequent amendment shall remain in effect provided that the permit is still valid, as determined by the issuing agency. Clearing, grading, the storage of building materials or the placement of temporary structures shall not constitute beginning construction.

2.

If the development for which the building permit is issued prior to the effective date of this Ordinance fails to comply with the time frames for development established for the building permit, the building permit shall expire, and future development shall be subject to the requirements of this Ordinance.

3.

Where no limitation as to the duration of the use was imposed at the time of authorization, the use may be continued. When the use was granted for a specific period of time, the applicable provisions of this Ordinance shall be applied upon expiration of that time.

4.

In no event shall such use be changed except to a conforming use or to a nonconforming use as provided for in Chapter 10. A change of tenant or ownership shall not by itself constitute a change in use.

1.6.2   VIOLATIONS CONTINUE

Any violation of previous versions of this Ordinance shall continue to be a violation under this Ordinance and shall be subject to the penalties and enforcement set forth in this Ordinance or applicable law. Payment shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered to be a violation under this Ordinance.

1.6.3   PROCESSING OF APPLICATONS COMMENCED OR APPROVED UNDER PREVIOUS ORDINANCE

1.

Pending Applications

A.

Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate decision-making body prior to the effective date of this Ordinance, shall be reviewed in accordance with the provisions of the Ordinance in effect on the date the application was deemed complete by the City.

B.

If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Ordinance.

C.

Any re-application for an expired project approval shall meet the standards in effect at the time of re-application.

D.

An applicant with a pending application may waive review available under prior Ordinances through a written letter to the agency responsible for processing said application and request review under the provisions of this Ordinance.

2.

Approved Projects. Approved Planned Unit Developments, site plans, or design review approvals that are valid on the effective date of this Ordinance shall remain valid until their expiration date, where applicable.