Clarksville City Zoning Code

5.1.1   AGRICULTURAL USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Agricultural Retail:

1.

Only farm products grown on the premises and other related products may be offered for sale. The joint use of farm stands by multiple producers is allowed.

2.

The retail activity shall be subordinate to the agricultural activity on-site.

3.

Adequate parking shall be provided on the site which the retail activity is being conducted.

Agricultural Uses (Customary):

1.

No part of any building and/or structure in which animals are housed shall be closer than two hundred (200) feet from any property line.

2.

All livestock shall be enclosed by appropriate fencing.

3.

Beekeeping activities shall be conducted in accordance and in compliance with state law of general application, to include regulations promulgated by the Tennessee Department of Agriculture, including the "Honey Bee Best Management Policy and Practices" issued by the Tennessee Department of Agriculture (Apiary Section) as may be amended from time to time.

Fish Farm:

1.

On-site consumption of products raised or produced on the farm is prohibited.

2.

One (1) structure not to exceed fifteen hundred (1,500) square feet is permitted for this use.

3.

Adequate parking shall be provided on the site.

Riding Academy/Commercial Stable:

1.

No part of any riding ring, building and/or structure in which animals are housed shall be closer than two hundred (200) feet from any property line.

2.

All horses shall be enclosed by appropriate fencing.

3.

A minimum of five (5) acres shall be required.

Roadside Stands:

1.

Roadside stands offering for sale farm products grown on the premises and other related products are allowed, provided that adequate parking spaces are provided and no traffic hazards are created.

5.1.2   COMMERCIAL USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Adult Oriented Establishments:

1.

Adult-oriented business establishments, as defined in Section 2.2 of this Ordinance shall be subject to the following additional restrictions:

A.

No adult-oriented establishment shall be operated or maintained in the city within fifteen hundred (1,500) feet, measured from property line to property line, of a school, church, public recreation facility, or day care facility.

B.

No adult-oriented establishment shall be operated or maintained in the city within one thousand (1,000) feet, measured from property line to property line, of a boundary of a zoning district which allows residential uses or a lot devoted to residential use.

C.

No adult-oriented business establishment shall be operated or maintained in the city within one thousand (1,000) feet, measured from property line to property line, of another adult-oriented business establishment.

Animal Shelter:

1.

All animals shall be kept inside soundproof air-conditioned buildings.

2.

No outdoor kennels are permitted.

3.

No part of any building or structure in which animals are housed shall be closer than two hundred and fifty (250) feet from any residential zone district or district permitting residential uses.

Child Care Facility: (Industrial)

1.

To serve employees of the industrial uses located on the lot or within an Industrial Park.

2.

In industrial zone districts where the property in question is adjacent to a residential district or district allowing residential uses, the side and rear yard setback requirements of the adjoining zone district shall apply.

Convenience Store:

1.

Gas pumps are prohibited within this zoning district.

Drive-Through Window Service:

1.

Drive-Through lane shall be designed so that it does not restrict the flow of traffic entering or within the parking lot.

2.

Adequate automobile stacking spaces are required on site and shall be arranged so that no vehicle stacking area shall cause automobiles to queue within public rights-of-way.

3.

Drive-Through windows and lanes shall be located to the side or rear of the structure.

Flea/Open Air Markets:

1.

Each open-air market shall provide bathroom facilities in accordance with the most recent adopted Standard Plumbing Code for mercantile occupancies. (Calculations shall be made using the gross square footage of the sales area as designated on the site plan.)

2.

Permanent bathroom facilities shall be provided.

3.

No person, including but not limited to open-air market promoter, operator, owner, employee, manager or vendor, shall be allowed to camp or reside overnight with or without a recreational vehicle, tent, vehicle or other structure at an open-air market, except that the owner may allow no more than two (2) overnight security personnel who may be either the owner or agent of the owner.

4.

All sales areas shall be permanently covered by a roof and completely floored by a concrete floor of minimum thickness of four (4) inches, except that sales shall be allowed from sheds, stalls, or booths which have been approved by the Building and Codes Department and meet the minimum requirements of the standard codes. All such structures shall require building permits and inspections by the city, the same as for other construction. No sales shall take place outside the designated sales area.

5.

All open-air markets shall be conducted entirely within an area, which is screened, by natural objects, plantings, fences, or other appropriate means. Screening shall be a minimum of seven (7) feet in height.

6.

All signs must be permitted in accordance with the Zoning Ordinance of the City of Clarksville.

7.

All temporary tents and shelters shall require placement permits and inspections.

8.

All booths and stalls shall meet the minimum setbacks as set forth in the Zoning Ordinance, except that the Board of Zoning Appeals can approve variances where applicable.

Grocery Store/Supermarket:

1.

Grocery stores up to three thousand (3,000) square feet including specialty food stores such as bakery goods, delicatessens, meat markets, and quick shops are allowed.

Kennel, Breeding:

1.

All animals shall be kept inside soundproof air-conditioned buildings.

2.

No outdoor kennels are permitted.

3.

No part of any building or structure in which animals are housed shall be closer than two hundred and fifty (250) feet from any residential zone district or district permitting residential uses.

Kennel, Boarding:

1.

All animals shall be kept inside soundproof air-conditioned buildings.

2.

Outdoor runs are permitted.

3.

No part of any building or structure in which animals are housed shall be closer than two hundred and fifty (250) feet from any residential zone district or district permitting residential uses.

Meat/Fish Market:

1.

Each establishment shall be limited to three thousand (3,000) square feet.

Repair Services:

1.

Engine repair is prohibited within this zoning district.

Restaurant/Fast Food:

1.

Drive-through windows are prohibited within this zoning district.

Retail: (Neighborhood Commercial District C-1)

1.

Retail establishments containing up to five thousand (5,000) square feet are allowed.

Retail: (Light and General Industrial District M-1 and M-2)

1.

Retail establishments are allowed for the sale of goods that are manufactured on the premises and the work is done within the building located on the premises.

Tire Recapping:

1.

This use shall be so conducted that noise, vibration, dust, odor, and all other objectionable factors shall be reduced to the extent that there will be no annoyance to persons outside the premises.

2.

Such use shall not be located within fifty (50) feet of any residential zone district or district permitting residential uses.

3.

All storage and work shall be conducted within an enclosed building.

Tow-in Lots:

1.

Such vehicles shall not be stored on the lot for more than ninety (90) days: All unclaimed vehicles will be granted additional storage time with applicable documentation from the state, and the owner or operator of the facility shall maintain a register listing the owner of each vehicle, date of arrival and date of departure, and description (year, make, VIN). The register shall at all times be kept open for inspection and examination by authorized persons such as police, insurance investigators, and city officials.

2.

Location: If a Tow-in Lot is located adjacent to a residential single family zone (not including across a street) the required fencing must be setback at least twenty-five (25) feet from the property line unless the vehicles are stored inside an enclosed building then required building setbacks for that zone must be followed. In addition, an appropriate landscape buffer from commercial zoning to single family zoning must be installed.

3.

Dismantling or demolition of said vehicles for the salvage of parts is not permitted on the lot. Repair of vehicles with towing liens is allowed on the lot.

4.

The storage and parking lot for all such vehicles shall be screened from off-site view by placement in an enclosed building or behind a wall or fence at least six (6) feet in height. Barbed wire may be added to the top of such fencing, pursuant to Section 10-203 of the City Code. Any chain link fence used to satisfy the requirements of this subsection shall contain slats of at least one-fourth (¼) inch thick, which shall be installed over no less than two-thirds (⅔) of the surface area of the fence. Slats shall be made of plastic, vinyl, or metal. Fences and screening shall be maintained in good condition. Up to one hundred twenty-eight (128) square feet of fence area in a single location may remain unscreened for security purposes.

5.

Site plan approval and an approved landscape plan by the RPC will be required before any permit is applied for at the Building and Codes Department.

Wrecker Service:

1.

Storage of vehicles. Such vehicles shall not be stored on the lot for more than ninety (90) days and then all unclaimed vehicles will be granted additional storage time with applicable documentation from the state. The owner or operator of the facility shall maintain a register listing the owner of each vehicle, date of arrival and date of departure, and description (year, make, and VIN). The register shall at all times be kept open for inspection and examination by authorized persons, such as police, insurance investigators, and city officials. Dismantling or demolition of said vehicles for the salvage of parts is not permitted on the lot.

2.

Location. This use (building or tow-in lot) shall not be located within five hundred (500) feet from any residential zone district or C-2 currently being used as multi-family. Towing lot fences shall be covered to protect the appearance of the neighborhood/community.

3.

Screening. All outdoor storage shall be conducted entirely within an area that is screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled public rights-of-way, or they shall otherwise be removed from sight.

4.

Storage outside such screening is expressly prohibited. Such screening shall be properly maintained and in good condition.

5.

Dismantling or demolition of vehicles for the salvage of parts is not permitted on the lot. Repair of vehicles with towing liens is allowed on the lot.

Winery:

1.

The following activities are permitted with this use:

A.

Growing and harvesting grapes and other products suitable for wine processing and bottling of grapes and grape products produced on the premises is allowed.

B.

Processing and bottling of grapes and grape products produced off premise is prohibited.

C.

Sale of wine produced on the premises for off premise consumption.

D.

Sale of merchandise related to wine or the winery.

E.

Wine tasting involving serving wine to the public for the purpose of sampling the wine produced on the premises.

F.

Special events such as weddings, dances, and other social occasions associated with the winery.

(Ord. No. 66-2021-22, 10-7-2021; Ord. No. 20-2022-23; 9-1-2022)

5.1.3   INDUSTRIAL USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Aircraft Parts Manufacture:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Alcohol Distillery, Small:

1.

Consumption of alcoholic beverage not produced on site shall be prohibited.

2.

The following activities are permitted with this use:

A.

Growing, harvesting and other products suitable for processing and bottling products produced on the premises are allowed.

B.

Processing and bottling of products produced off premise is prohibited.

C.

Sale of alcohol produced on the premises for off premise consumption.

D.

Sale of merchandise related to alcohol or the distillery.

E.

Tastings involving serving to the public for the purpose of sampling the alcohol produced on the premises.

F.

Special events such as weddings, dances, and other social occasions associated with the distillery.

3.

Structures related to manufacturing/storage of components and/or finished product shall be setback a minimum of two hundred (200) feet from any side and/or rear property line.

Automobile Parts Manufacture:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Awning Manufacture, Cloth, Metal and Wood:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Brewery, Micro:

1.

Consumption of alcoholic beverage not produced on site shall be prohibited.

2.

The following activities are permitted with this use:

A.

Growing, harvesting and other products suitable for processing and bottling products produced on the premises are allowed.

B.

Processing and bottling of products produced off premise is prohibited.

C.

Sale of alcohol produced on the premises for off premise consumption.

D.

Sale of merchandise related to alcohol or the distillery.

E.

Tastings involving serving to the public for the purpose of sampling the alcohol produced on the premises.

F.

Special events such as weddings, dances, and other social occasions associated with the distillery.

3.

Structures related to manufacturing/storage of components and/or finished product shall be setback a minimum of two hundred (200) feet from any side and/or rear property line.

Cabinet and Countertop Manufacturing:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Clothing Manufacture:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Construction Contractor with Storage Yard:

1.

Screening. All outdoor storage in construction storage yards shall be conducted entirely within an area which is screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled roads or way of the system, or they shall otherwise be removed from sight.

2.

Storage outside such screening is expressly prohibited.

3.

Such screening shall be properly maintained in good condition.

Custom Manufacturing:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Electro Plating Establishment:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Enameling and Painting Establishment:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Engraving Plant:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Flour and Grain Mills:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

Structures shall be setback a minimum of two hundred (200) feet from all property lines.

Food Processing:

1.

Only uses defined in Chapter 2.2 shall be allowed.

2.

Prohibited uses are meat or poultry processing and slaughtering of animals.

Footwear Manufacture:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Furniture Manufacturing:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Ironworks Manufacturing (Ornamental):

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Laundry and Cleaning Plants:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Machine Shop:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Marble Working and Finishing:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Optical Goods Manufacture:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Paper Products and Box Manufacture:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Plastic Products Molding, Casting and Shaping:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Printing and Publishing Plant:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Sheet Metal Shop:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

Welding Shop:

1.

The manufacturing, fabricating, processing, or assembling processes shall not create any danger to health or safety in surrounding areas, and shall not create any objectionable noise, vibration, smoke, dust, odor, heat, and/or glare.

2.

All storage and work shall be conducted within an enclosed building.

3.

Unless specifically authorized no items shall be displayed outside for sale, lease, gift and/or promotional purposes.

5.1.4   MEDICAL USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Medical Lab:

1.

Only diagnostic and medical laboratories or research facilities that perform studies and/or research on non-toxic or non-combustible materials are permitted.

Medical Office:

1.

No more than two (2) medical offices per lot are permitted.

Veterinary Clinic: (Central Business District CBD)

1.

Boarding kennels are prohibited.

2.

All animals shall be kept inside soundproof air-conditioned buildings.

3.

No outdoor kennels or runs are permitted.

Veterinary Clinic: (Office District O-1 and Office/Professional District OP)

1.

No more than thirty (30) percent of the gross floor area of the veterinary clinic shall be used as a boarding kennel.

2.

All animals shall be kept inside soundproof air-conditioned buildings.

3.

No outdoor kennels or runs are permitted.

4.

No part of any building or structure in which animals are housed shall be closer than fifty (50) feet from any existing residence located on an adjacent parcel.

5.1.5   OFFICE USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Financial Institution:

1.

Drive through windows are prohibited within this zoning district.

Leasing/Sales Office:

1.

Residential sales and leasing are permitted as a temporary use in a dwelling, a model home, or temporary building located in the same subdivision or development where the dwellings are to be located and offered for sale or lease.

2.

The sales use is permitted until the issuance of the last occupancy permit within the subdivision or development.

Professional and Business Office (excluding Medical):

1.

Offices shall be permitted to support the industrial use that is located on the site.

5.1.6   RECREATION AND ENTERTAINMENT USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Commercial Amusement (Indoor):

1.

Where any building or outdoor storage area and/or display, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred (100) feet from the common property line.

2.

All activities shall be operated within an enclosed building.

3.

The hours of operation shall be limited to between 8:00 a.m. to 12 Midnight, seven (7) days a week.

Country Club:

1.

The minimum acreage for a country club shall be twenty-five (25) acres.

2.

Where any building or outdoor storage area abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred (100) feet from the common property line for such building or storage.

3.

Driving ranges shall be permitted.

Festival (Temporary):

1.

Open-air activities, temporary and permanent structures associated with the festival shall not be located closer than one hundred (100) feet from any residential zone district or district permitting residential use.

2.

The activity shall have duration of no more than ten (10) days in a month, and be limited to four (4) events per year.

3.

Activities shall be limited to between the hours of 8:00 a.m. to 10:00 p.m.

4.

Adequate off street parking shall be required.

5.

State, County, and/or City sponsored festivals shall be exempt from these provisions.

Golf Course (public and private):

1.

The minimum acreage for a golf course shall be twenty-five (25) acres.

2.

Driving ranges shall be permitted.

3.

The setback for the driving range boundaries shall be a minimum of one hundred (100) feet from all property lines.

4.

Lighting shall be directed downward to include shielded hoods and shall not cast light pollution on adjacent properties.

Theater, Drive-In:

1.

The minimum lot area shall be ten (10) acres.

2.

Where any building or outdoor storage area and/or display, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred (100) feet from the common property line.

3.

The hours of operation shall be limited to between 8:00 a.m. to 12 Midnight, seven (7) days a week.

4.

The movie screen placement shall meet the following requirements:

A.

Shall not be visible to the motoring public;

B.

Shall not create light pollution unto adjacent property owner(s).

Recreational Vehicle Park:

1.

A portion of any mobile home park greater than five (5) acres in the R4 zone in good standing and conducting business as of November 10, 2010 may designate an area not to exceed twenty percent (20%) of the total approved amount of units, or in the case of undeveloped land not more than twenty percent (20%) of the total land area of the mobile home park may be set aside for the purpose of short term to long term personal recreational vehicle use (not storage). The undeveloped land is not to be developed with a density of more than twelve (12) recreational vehicle pads per acre.

2.

Standards:

A.

Minimum spacing: at least fifteen (15) feet separation between recreational vehicles and/or mobile homes and twenty (20) feet separation from any permanent structures is required.

B.

Setbacks: Each recreational vehicle park and mobile home park area shall have a minimum side and rear yard setback of twenty-five (25) feet where no individual spaces may exist.

C.

Maximum height: Fifteen (15) feet per unit with permanent structures permitted up to thirty (30) feet.

D.

Landscaping: All recreational vehicle parks are required to install and maintain a minimum four (4) foot tall visual screen consisting of any combination of a wall, solid fence, or evergreen hedge around the perimeter of the recreational vehicle park area.

E.

A docking pad of dust free material shall be provided for each rented pad.

F.

Off street parking: There shall be one (1) off street parking space per recreational vehicle pad

G.

Internal setbacks: recreational vehicles shall be a minimum fifteen (15) feet off the edge of pavement of internal roads.

H.

Each recreational vehicle space shall be provided with a connection to a sanitary sewer line or system approved by Clarksville Gas and Water.

I.

Common area having a minimum of one hundred (100) square feet for each recreational vehicle space shall be consolidated into usable area.

3.

Overnight or long term idling or use of generators shall be prohibited.

4.

Length of stay: No camping trailer or motor home may occupy a single pad for greater than one hundred eighty (180) days.

5.

Application for permit which shall include:

A.

The location and legal description of the proposed recreational vehicle area;

B.

A site plan and specifications of all buildings, improvements, and facilities constructed or to be constructed within the mobile home park/recreational vehicle park;

C.

The proposed use of buildings shown on the site;

D.

The location and size of all recreational vehicle and mobile homes spaces;

E.

The location of all points of entry and exit for vehicles and internal circulation pattern;

F.

The location of all landscaping to be provided;

G.

The location of all lighting to be provided;

H.

The location of all walls and fences and the indication of their height and materials of construction;

I.

The location of all off-street parking facilities;

J.

Such other architectural and engineering data as may be required to permit the Health Officer, Board of Zoning Appeals, and Building Inspector to determine if the provisions of this section are being complied with.

6.

Additions or alterations: Any additions or alterations to existing mobile home parks outside of the provision of recreational vehicle park uses defined in this chapter shall be in conformity with the provisions of Chapters 1 through 11 of this Ordinance.

7.

Supervision. The owner of permittee, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the mobile home park, its facilities and equipment in a clean, orderly, sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of Chapters 1 through 11 of this Ordinance to which the licensee or permittee is subject.

8.

Maintenance of register: Every mobile home park owner or operator shall maintain a register containing a record of all mobile homes and recreational vehicles and their occupants using the park. Such register shall be available to any authorized person inspecting the park. Such register shall contain:

A.

the names and addresses of all mobile home occupants residing in the park;

B.

the make, model and license number of each mobile home or recreational vehicle; and

C.

the date of arrival and departure of each mobile home or recreational vehicle.

9.

Revocation of permit: The Building and Codes Official may revoke any permit to maintain and operate a mobile home park or recreational vehicle park when the permittee has been found guilty by a court of competent jurisdiction of violating any provision of Chapters 1 through 11 of this Ordinance or Sections 68-126-101 through 68-126-412, Tennessee Code Annotated. After such conviction, the permit may be reissued if the circumstances leading to convicting have been remedied and the park is being maintained in full compliance with the law.

(Ord. No. 82-2019-20, 7-2-2020; Ord. No. 66-2021-22, 10-7-2021)

5.1.7   RESIDENTIAL USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Bed and Breakfast:

1.

The only required meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the establishment.

2.

Individual rooms which are rented shall not contain cooking facilities.

3.

The owner or manager must reside on the premises or on an immediately adjacent parcel of property.

4.

The bed and breakfast establishment shall not create noise, light or traffic conditions detrimental to neighboring properties.

5.

No exterior alterations to the residential structure shall be made that will change its character as a residential structure.

6.

Off-street parking shall be provided, however no off-street parking is permitted in the front yard area.

7.

Off-street parking spaces shall be one (1) for each guest/rental room in addition to the spaces required for the dwelling.

8.

Screening shall be required of off-street parking areas to minimize any detrimental impact to adjoining properties.

9.

No bed and breakfast establishment shall be permitted within two hundred fifty (250) feet of another bed and breakfast establishment measured from property line to property line.

Caretaker Residence:

1.

The residence shall be a single-family unit, secondary and accessory to the existing principle use.

2.

The residence shall be for purposes of care and protection of the persons, property, plants, animals, equipment, or other circumstances on site or on contiguous lots under the same ownership.

3.

Only one (1) caretaker residence is permitted.

4.

Occupancy shall be by owners or employees of the owner.

5.

In office, commercial and industrial zone districts, the caretaker unit shall be located above or behind the principal uses.

Farm Worker Dwelling:

1.

Farm employee housing shall not exceed one (1) dwelling unit per one hundred (100) acres on a single parcel, excluding any house on the site occupied by the owner.

Multi-Family, Single Family, Two- and Three-Family Residential Uses and Townhouses In the Central Business District:

1.

Purpose.

A.

Residential use is permitted for the purpose of aiding in the revitalization of the Central Business District by encouraging the development of underutilized properties and buildings.

B.

It is further the purpose of this section to promote the development of needed residential units in a manner that creates decent, safe, and suitable living environments.

C.

It is the purpose of this section to promote additional demand for CBD services and facilities through creation of nearby user population.

2.

CBD residential setback standards. The requirements of Chapter 4 shall apply.

3.

Off-street parking. Provisions of off-street parking shall be encouraged but not mandated. Applicants shall show evidence of lease or ownership agreements for the parking spaces as required in Chapter 6.

4.

General provisions.

A.

Refuse storage, collection, and disposal shall be in conformity with all applicable laws and regulations.

B.

All new construction, reconstruction, and remodeling shall conform to all building, housing, and fire codes as adopted by the City of Clarksville.

5.

Application for permits.

A.

The application for a permit shall be filed with and issued by the Building and Codes Department. Each application shall be accompanied by three (3) copies of all plans and specifications drawn to a scale no smaller than one-fourth (¼) inch equals one (1) foot.

B.

Such copies shall be reviewed and approved by the Building Official and shall contain, at a minimum, the following:

I.

The location of the units and legal description of the proposed residential lot.

II.

Plans and specifications for all buildings, improvements, and facilities constructed, remodeled, or to be constructed or remodeled on the proposed site.

III.

The proposed use of all areas on the site and within the buildings.

IV.

The location of all parking spaces associated with the development.

V.

Plans for storage and disposal of all immediate and future solid waste as generated by the development.

VI.

Any other such architectural and engineering data as may be required to permit the Building Official or his appointed designee and the Fire Prevention Officer to determine if the provisions of this section are being followed.

C.

A time schedule for development shall be prepared which shall demonstrate the applicant's readiness and ability to provide the proposed services. The time shall be for a period of not more than one (1) year.

Multi-Family and Townhouses in the C-2 District:

1.

For multi-family dwellings, the following conditions shall be met:

A.

Multi-family dwellings may be located in the same or separate structures as non-residential uses.

B.

Single-family detached structures are permitted provided they are located on a common lot, tract or parcel in a horizontal property regime. Off-street parking and primary access to such single-family detached structures shall be to the side or rear of the dwellings.

2.

For townhouses, the following conditions shall be met:

A.

No more than eight (8) single-family attached dwellings may be attached to one another.

B.

Each townhouse unit must be a minimum of sixteen (16) feet wide.

C.

Off-street parking for and primary access to townhouses shall be to the side or rear of the building containing the swelling units.

3.

See Section 6.1.2, Paragraph A for a possible variance for off-street parking for mixed-use development with multi-family dwellings in the same or separate structures on the same tract, parcel or lot.

4.

Sidewalks along street frontages are mandatory.

Single-Family:

1.

Any two-family dwelling that was legally permitted, in an R-3 or R-4 District, prior to October 1, 2023, may be replaced or enlarged on the same lot, parcel or tract of land.

2.

Minimum lot size in R-3 for two- and three-family dwellings shall be the following:

A.

Ten thousand (10,000) square feet in order to be used for a two-family dwelling.

B.

Twelve thousand (12,000) square feet in order to be used for a three-family dwelling.

3.

Minimum lot width in R-3 for two- and three-family dwellings shall be the following:

A.

Sixty-five (65) feet at the building setback line for a two-family dwelling.

B.

Eighty (80) feet at the building setback line for a three-family dwelling.

4.

Minimum lot size in R-4 for two- and three-family dwellings shall be the following:

A.

Nine thousand (9,000) square feet in order to be used for a two-family dwelling.

B.

Ten thousand five hundred (10,500) square feet in order to be used for a three-family dwelling.

5.

Minimum lot width in R-4 for two- and three-family dwellings shall be the following:

A.

Fifty (50) feet at the building setback line for a two-family dwelling.

B.

Fifty (50) feet at the building setback line for a three-family dwelling.

6.

A Site Plan for a three-family dwelling must be submitted to the Regional Planning Commission for review prior to building permit approval.

Tourist Home:

1.

Individual rooms which are rented shall not contain cooking facilities.

2.

The owner or manager must reside on the premises or on an immediately adjacent parcel of property.

3.

The tourist home establishment shall not create noise, light or traffic conditions detrimental to neighboring properties.

4.

No exterior alterations to the residential structure shall be made that will change its character as a residential structure.

5.

Off-street parking shall be provided, however no off-street parking is permitted in the front yard area.

6.

Off-street parking spaces shall be one (1) for each guest/rental room in addition to the spaces required for the dwelling.

7.

Screening shall be required of off-street parking areas to minimize any detrimental impact to adjoining properties.

8.

No tourist home establishment shall be permitted within two hundred fifty (250) feet of another tourist home establishment measured from property line to property line.

Townhouses (R-5):

1.

A minimum of fifteen (15) percent of the acreage within the R-5 project shall be set aside for use as common open space.

2.

Improvement of common open space must be coordinated with construction of residential buildings within the development so that such space becomes available as dwelling units are occupied.

3.

An association of all individuals owning property within the development shall be established, prior to the sale of any units, to ensure the maintenance of all common open space.

4.

The title to all residential property owners within the development shall include an undivided fee simple estate in all common open space.

5.

Open space must be deeded to the homeowners association of the development and the developer shall provide the following recorded documentation before final plat approval or before the release of a site plan for building permits:

A.

That the homeowners association will be responsible for liability insurance, local taxes, and maintenance of recreational, drainage structures, or other facilities pertaining to the open space.

B.

Restrictive covenants shall require mandatory membership in the homeowners association, and include as a minimum the following provisions:

I.

Responsibility for paying a pro-rated share of the cost of the homeowner's association operation.

II.

Agreement that the assessment levied by the association can become a lien on the property if not paid.

III.

Agreement that the association shall be able to adjust the assessment to meet the changing needs.

IV.

Guarantee of permanent unrestricted right to utilize lands and facilities owned by the association.

6.

In the event of dissolution of the homeowners association for any reason whether administrative or otherwise, responsibility for maintenance of all common areas shall become that of the individual lot owners within the development on a pro-rated basis based on the number of units within the development, or if the restrictive covenants so provide, any one (1) or more owners within the development, may reform the homeowners association and assess each lot or parcel equally for the amount necessary to maintain said open space. In the event of failure of either of the above remedies the City may, upon giving proper notice to each property owner, bring such open space into compliance, and place a lien on all lot or unit owners within the development for their pro-rata share of the cost, plus any administrative fees. In the event of failure of the association to pay any taxes assessed to the common areas, such taxes shall attach to each lot within the subdivision on a pro-rata basis based on the number of lots or units within the development.

Two-Family and Three-Family in R-3 and R-4:

1.

Any two-family dwelling that was legally permitted, in an R-3 or R-4 District, prior to October 1,2023, may be replaced or enlarged on the same lot, parcel or tract of land.

2.

Minimum lot size in R-3 for two- and three-family dwellings shall be the following:

A.

Ten thousand (10,000) square feet in order to be used for a two-family dwelling.

B.

Twelve thousand (12,000) square feet in order to be used for a three-family dwelling.

3.

Minimum lot width in R-3 for two- and three-family dwellings shall be the following:

A.

Sixty-five (65) feet at the building setback line for a two-family dwelling.

B.

Eighty (80) feet at the building setback line for a three-family dwelling.

4.

Minimum lot size in R-4 for two- and three-family dwellings shall be the following:

A.

Nine thousand (9,000) square feet in order to be used for a two-family dwelling.

B.

Ten thousand five hundred (10,500) square feet in order to be used for a three-family dwelling.

5.

Minimum lot width in R-4 for two- and three-family dwellings shall be the following:

A.

Fifty (50) feet at the building setback line for a two-family dwelling.

B.

Fifty (50) feet at the building setback line for a three-family dwelling.

6.

A Site Plan for a three-family dwelling must be submitted to the Regional Planning Commission for review prior to building permit approval.

(Ord. No. 66-2021-22, 10-7-2021; Ord. No. 147-2022-23, 7-6-2023)

5.1.8   UTILITY USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Reservoir/Water Tank:

1.

The minimum lot area shall not be less than ten (10) acres.

2.

No reservoir shall be located closer than five hundred (500) feet to any residential zone district or district permitting residential uses.

3.

All water tanks shall be set back from all property lines by a distance that is equal to the height of the water tank. Such setback shall be recorded as a fall zone easement with the Montgomery County Register of Deeds Office.

4.

Retention/detention shall be approved by the City Street Department.

Utility Substations (Private):

1.

No utility substation shall be located closer than one hundred (100) feet to any residential zone district or district permitting residential uses. This distance standard shall not apply to service boxes or meter boxes serving individual customers.

5.1.9   WASTE MANAGEMENT USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Recycling/Collection Facilities (Small):

1.

Shall be operated only in conjunction with an existing principal facility. Small recycling collection facility sites shall not occupy more than one thousand (1,000) square feet of the parcel on which they are placed, and the collection containers shall not occupy more than two hundred (200) square feet. There shall be only one (1) collection facility per parcel of land.

2.

Permit; inspection; violation. No small collection facility shall be established until a small recycling collection facility placement permit has been issued by the Building and Codes Department. Subsequent to issuing the placement permit the Building and Codes Department shall inspect the facility to insure compliance with this section. Any person, firm, corporation, or agent, who violates any provision of this section, or fails to comply herewith, or with any of the requirements thereof, shall be guilty of a misdemeanor.

3.

Operation requirements. A small recycling collection facility shall meet the following requirements to operate:

A.

Small recycling collection facility shall be set back at least ten (10) feet from any street right-of-way line and shall not obstruct pedestrian or vehicular circulation.

B.

Side and rear yard setback requirements shall be those that are provided for the zoning district in which the facility is located.

C.

Facilities shall accept only glass, metals, plastic containers, papers, and/or other similar items which may be used for re-manufacturing or reprocessing of similar materials.

D.

Containers must be covered and secured from unauthorized entry or removal of materials.

E.

Facility shall be maintained free of litter and any other undesirable materials on a daily basis.

F.

Containers shall be clearly marked to identify the type of material which may be deposited in each container. A notice shall be posted stating that no material shall be left outside the collection containers.

G.

The facility shall be clearly marked to identify the name and phone number of the party responsible for maintaining the facility and ensuring compliance with all established requirements.

H.

The hours of operation shall be clearly posted.

I.

Occupation of parking spaces by the facility and by an attendant shall not reduce the number of available parking spaces below the minimum number required for the primary use.

J.

Maximum signage for the facility shall be ten (10) square feet and used for advertising or directional purposes only. The location of any signs must be approved by the Building and Codes Department.

K.

Power processing equipment shall not be used.

Recycling/Collection Facilities (Large):

1.

A large collection facility is not required to operate in conjunction with an existing principal facility, and it may have a permanent building. A large collection facility site shall not occupy more than twenty thousand (20,000) square feet of the parcel on which it is placed, and the containers shall not occupy more than one thousand (1,000) square feet.

2.

Permit; inspection; violation. No large recycling collection facility shall be established until a large recycling collection facility placement permit has been issued by the Building and Codes Department. Subsequent to issuing the placement permit the Building and Codes Department shall inspect the facility to insure compliance with this section. Any person, firm, corporation, or agent, who violates any provision of this section, or fails to comply herewith, or with any of the requirements thereof, shall be guilty of a misdemeanor.

3.

Operation requirements. A large collection facility shall meet the following requirements to operate:

A.

Facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by a fence at least six (6) feet in height.

B.

Facility shall be located at least five hundred (500) feet from any residential zone district or district permitting residential use.

C.

Setback requirements shall be those that are provided for the zoning district in which the facility is located.

D.

All storage of materials shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition.

E.

Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

F.

An area for adequate traffic circulation and off-street short term parking shall be provided.

G.

Containers shall be clearly marked to identify the type of material that may be deposited.

H.

Facility shall be clearly marked to identify the name and phone number of the party responsible for maintaining the facility and ensuring compliance with all established requirements.

I.

The hours of operation shall be clearly posted.

J.

Notice shall be posted that no materials shall be left outside the collection containers or enclosures.

K.

Signs shall be as regulated in Chapter 8.

L.

Power processing equipment shall not be used.

5.1.10   OTHER USES PERMITTED WITH CONDITIONS (PC)

Subject to the procedures outlined in Chapter 5.1: Procedures For Uses Permitted With Conditions, the applicant also must meet the following requirements:

Cemetery/Pet Cemetery:

1.

Private family cemeteries and cemeteries related to religious institution shall have a minimum of one (1) acre.

2.

No cemetery or pet cemetery shall be established on a site containing less than ten (10) acres.

3.

The following accessory uses shall be permitted: mausoleums, mortuaries, chapels and maintenance buildings not to exceed two thousand (2,000) square feet and shall not be located closer than fifty (50) feet from any property line or street right-of-way.

4.

All graves or burial lots shall not be located closer than twenty-five (25) feet from any property line or street right-of-way.

5.

All cemeteries shall have access to one (1) public street right-of-way, the minimum road frontage requirement shall be controlled by the road frontage requirements within the respective zone districts.

6.

All required yards shall be landscaped and maintained.

Communication Towers:

1.

Pursuant to Tennessee Code Annotated Sections 13-24-301 through 13-24-303, communication stations, including towers and operating equipment, which furnish utility services to the public are allowed in any zone district and shall adhere to the standards contained herein.

A.

Applicability. This section shall apply to any new structure as well as any existing structure to which the height is proposed to be increased.

B.

Location. To the extent feasible, co-location of antennas on existing towers and other suitable structures should first be sought. If co-location is not feasible, the applicant shall provide such structure and technical information and other justifications as are necessary to document the reasons why co-location is not a viable option. Further, the applicant shall provide a list of all existing structures considered as alternatives to the proposed location, and shall provide a written explanation why the alternatives considered were either unacceptable or infeasible due to technical, physical or financial considerations.

C.

Structure Masking. Communication towers of two hundred (200) feet or less in height shall be of monopole structural design. Further, the applicant shall demonstrate for such towers that, through location, construction or masking (disguising or concealing), the proposed facility will have minimum visual impact upon the appearance of adjacent properties and the views and vistas of adjacent residential neighborhoods while remaining viable options for future co-location of communication towers.

D.

Construction. All towers shall be constructed in accordance with standards contained in applicable state and/or local building codes and the applicable standards for towers and antennas published by the Electronic Industries Association ("EIA"), as may be revised. Each application for a building permit shall be accompanied by a certification by a professional engineer licensed in the State of Tennessee and competent in such design, attesting to the fact that all applicable standards have been met.

E.

Site plan required. A site plan meeting the requirements of Section 5.10 shall be submitted to and approved by the Regional Planning Commission prior to the issuance of a building permit. The planning director may require any other documentation or information deemed necessary to complete the permit application.

F.

Setbacks. Within or adjacent to zone districts which do not permit residential uses, communication towers shall be set back from all property lines by a distance equal to the tallest remaining vertical section above the lowest engineered failure point on the proposed structure, or the height of the tower, whichever is less. Provided, however, the minimum fall zone setback for any tower is fifty (50) feet. For purposes of these regulations, the engineered failure point is that location(s) on the tower that is designed to fail when overstressed beyond the structural parameters of the tower design. This failure point will cause the overstressed portion of the structure to fall in upon itself in such a way as to reduce the remaining stress on the structure to such a level that results in no further failures of the tower structure. The lowest engineered failure point is described such that if the tower should collapse, the tallest remaining vertical section of the structure shall be equal to the setback from the abutting property lines. A letter stamped by a licensed Professional Engineer evidencing the design and fall zone parameters of the proposed tower shall satisfy the requirements determining the minimum fall zone setback distance. Within or adjacent to zone districts which permit residential uses, towers shall be set back from all property lines by a distance that is equal to the height of the tower. Guys and accessory buildings shall satisfy minimum setback requirements of the applicable zone district. The above required setback shall be recorded as a fall zone easement with the Montgomery County Register of Deeds Office prior to a building permit being issued. Towers may be erected where the height of the tower is greater than the distance to any property line. In such case, said owner shall obtain a fall zone easement from the adjacent property owner(s) and the easement shall be recorded with the Montgomery County Register of Deeds Office prior to a building permit being issued. No structures other than those accessory to communication towers are allowed to be constructed within any fall zone setback area.

G.

Compliance documentation. All applications for permits to build towers in the City of Clarksville must be accompanied with a "Determination of No Hazard" from the Federal Aviation Administration, as well as all required Federal Communications Commission permit information, and any other documentation as required herein. All structures regulated herein shall be subject to the height restrictions and requirements of the AP Airport Overlay District, and applications for permits must contain documentations from the manager of Outlaw Field and from the manager of the Fort Campbell Air Traffic Control Division that such structures do not constitute a hazard to their airport facilities.

H.

Screening. The entire site containing the tower and equipment shall be enclosed with a fence not less than six (6) feet in height. Access gates will be locked at all times when the site is not occupied. All tower sites shall be provided with continuous, solid screening around the outside of the required fencing, and it shall be of such plant material as will provide a year-round evergreen screening. Screening, as required herein, shall not be less than six (6) feet in height at the time of planting, and shall be permanently maintained.

I.

Lighting. Any outside lighting shall be arranged so as to minimize glare and reflection on adjacent properties and public streets. All towers that require marking or lighting shall be done in compliance with Federal Aviation Administration regulations, but no tower shall be lighted from dusk to dawn by any form of white flashing light, unless required by the Federal Aviation Administration.

J.

Removal of abandoned towers. All towers permitted under the requirements of these regulations that are not operated for telecommunications purposes for a continuous twelve-month period shall be considered abandoned, and the owner of such tower shall remove said tower within ninety (90) days of receiving notice from the building official. Failure to do so shall be deemed a violation of these regulations. The owner of the tower may appeal the decision of the building official to the Board of Zoning Appeals. At such hearing the owner shall be required to show just cause why the tower should not be considered abandoned and subject to removal.

K.

Exclusions. Satellite dishes, and television antenna which are not attached to a tower that provides utility services to the public shall be exempt from the provisions of this section.

Any communication device which is proposed to be attached to an existing municipal or utility district water tank shall be exempt from the setback and screening requirements of this section.

Signs:

1.

Refer to Chapter 8 of this Ordinance.

Temporary Building/Uses:

1.

The regulations contained in this section are necessary to govern the operation of certain transitory or seasonal uses, nonpermanent in nature.

2.

Application for a temporary use permit shall be made to the Building Official and shall contain the following information:

A.

A survey or legal description of the property to be used, rented, or leased for a temporary use, including sufficient information to specifically identify the property;

B.

A description of the proposed use; and

C.

Sufficient information to determine the yard requirements, setbacks, sanitary facilities, and availability of parking space to service the proposed use.

3.

The following uses are classified as temporary uses and shall be subject to the specific regulations and time limits which follow and to the regulations of any district in which such use is located:

A.

Carnival or Circus. As regulated by City Ordinance; provided, however, that the erection of temporary structures in conjunction with public functions, festivals, street fairs or other similar celebrations being conducted pursuant to Section 5-1002 of the City Code shall be in accordance with regulations imposed by the agency designated in Section 5-1002,(a)(2) of the City Code.

B.

Christmas Tree Sale. In any commercial or industrial district, a temporary use permit may be issued for the display and open lot sales of Christmas trees, but such permit shall be issued for a period of not longer than forty-five (45) days.

C.

Contractor's Office/Equipment Sheds. In any district, a temporary use permit may be issued for a contractor's temporary office and equipment sheds incidental to a construction project. The time period for which a temporary building/unit can be located on site shall not exceed one of the following:

I.

Office or shed shall be removed upon completion of the construction project; or

II.

The office or shed shall be removed after twelve (12) months, regardless of the completion of the construction project; if construction project is not complete the permit may be extended after determination of the Building and Codes Department.

D.

Real Estate Sales Office. In any district a temporary use permit may be issued for a temporary real estate sales office in any new subdivision. Such office may be temporarily contained in a dwelling unit or in a portable unit such as a modular home. Such use shall be discontinued after all real property in the subdivision has been sold.

E.

Religious Tent Meeting. A temporary use permit may be issued for a tent or other temporary structure to house religious meetings. The permit shall be valid for not more than thirty (30) days, renewal shall be limited to once per calendar quarter.

F.

Seasonal Sale of Farm Products. In any district a temporary use permit may be issued for the sale of farm products grown on the premises. The sales space shall be of portable or sectional construction, and shall not exceed an area of three hundred (300) square feet and the stands shall be removed when not in use. A permit shall be valid for not more than four (4) months per year. A temporary structure used for this purpose shall be set back from all public rights-of-way a distance of not less than fifteen (15) feet.

G.

Fireworks, See Section 10-217 of the City Code.

Tents:

1.

Tents shall be of a temporary nature, as for the protection of surplus goods, for the housing of seasonal farm produce sales, or as temporary uses incidental to an established business or industry.

(Ord. No. 82-2015-16, 5-5-2016)

5.2.1   STANDARDS FOR AGRICULTURAL USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Stockyard:

1.

No building or facility to be used for the keeping of poultry or livestock shall be located within two hundred (200) feet from any property line.

2.

Minimum lot size is five (5) acres.

3.

No slaughtering or dressing of any poultry or livestock is permitted.

5.2.2   STANDARDS FOR COMMERCIAL USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Alcohol distillery, micro:

1.

For all uses within an alcohol distillery, micro (production space, tasting room, taproom, retail space), a location map and scaled site plan should clearly show the following:

º Site and building dimensions.

º Interior functions (production, assembly, and retail) and square footage of each. Spaces designated for commercial functions should be accessory to the production purposes of the site and should not exceed twenty-five (25%) of the gross floor area.

º Any outdoor seating and assembly areas.

º Outdoor seating and assembly areas must be fenced from surrounding properties.

º Parking per Chapter 6 parking provisions based on the square footage of each use. Parking must be provided on-site. Outdoor seating areas must be included in the parking calculations, if shared parking is utilized, a shared parking agreement, signed by all participating parties, must be included.

2.

Taproom/tasting room shall be in the same building as the distillery, micro.

3.

The Board of Zoning Appeals shall consider the appropriateness of the site for an alcohol distillery, micro in context to the other surrounding land uses and zoning to minimize nuisance, hazards, or public health, safety, and welfare concerns.

Assembly/Civic Hall:

1.

Hours of operation shall be determined by the Board of Zoning Appeals.

2.

No part of any building or structure shall be closer than two hundred (200) feet from any residential zone district or district permitting residential uses.

Brewery, micro:

1.

For all uses within a brewery, micro (production space, tasting room, taproom, retail space), a location map and scaled site plan should clearly show the following:

º Site and building dimensions.

º Interior functions (production, assembly, and retail) and square footage of each. Spaces designated for commercial functions should be accessory to the production purposes of the site and should not exceed fifty (50%) of the gross floor area.

º Any outdoor seating and assembly areas.

º Outdoor seating and assembly areas must be fenced from surrounding properties.

º Parking per Chapter 6 parking provisions based on the square footage of each use. Parking must be provided on-site. Outdoor seating areas must be included in the parking calculations, if shared parking is utilized, a shared parking agreement, signed by all participating parties, must be included.

2.

Taproom/tasting room shall be in the same building as the micro-brewery.

3.

The Board of Zoning Appeals shall consider the appropriateness of the site for a brewery, micro in context to the other surrounding land uses and zoning to minimize nuisance, hazards, or public health, safety, and welfare concerns.

Child Care Facility:

1.

The required lot size, yard, and bulk regulations of the district shall apply. No variances shall be permitted for lots on which such use is to be located.

2.

All public utilities and sanitary sewers shall be available to the site.

3.

The facility shall meet the requirements of the Tennessee Department of Human Services pertaining to day care.

4.

If special passenger loading and unloading facilities are to be provided on the same lot for vehicles to pick up or deliver children, then such facilities shall provide for driveways that do not require vehicles to back out onto a public street.

(Ord. No. 16-2021-22, 10-7-2021)

5.2.3   STANDARDS FOR EDUCATIONAL USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Elementary, Middle and High Schools:

1.

Elementary and middle school structures and outdoor activity grounds which abut a residential zone district or district permitting residential use, shall have a minimum setback of fifty (50) feet.

2.

High school structures and outdoor activity grounds which abut a residential zone district or district permitting residential use, shall have a minimum setback of one hundred (100) feet.

Fraternity/Sorority Houses:

1.

Applications for fraternity and sorority houses shall be accompanied by a floor plan which depicts the proposed layout of the facility including the location and square footage of any area devoted to sleeping rooms.

2.

Areas for outdoor recreational use or outdoor group activities shall be screened or fenced in such a manner as to provide an effective buffer for adjacent residential uses.

3.

Parking areas shall not be permitted in the front yard.

4.

The Board of Zoning Appeals may place limits upon the number of students who may reside upon the premises.

5.

In order to assure compatibility of the fraternity and/or sorority house with the surrounding neighborhood, the Board of Zoning Appeals may place restrictions upon the hours of the day/night during which outdoor recreational activities or other outdoor group activities may be conducted on the site.

5.2.4   STANDARDS FOR INDUSTRIAL USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Acid Manufacture:

1.

No outdoor storage shall be permitted.

2.

Where the site abuts a zoning district that allows residential uses, the building wall facing the residential district shall not have any service door openings or loading docks oriented toward the zoning district.

Alcohol distillery, large:

1.

For all uses within an alcohol distillery, large (production space, tasting room, taproom, retail space, restaurant), a location map and a scaled site plan should clearly show the following:

º Site and building dimensions

º Interior functions (production, assembly, and retail) and square footage of each. Spaces designated for commercial functions should be accessory to the production purposes of the site and should not exceed twenty-five (25%) of the gross floor area.

º Any outdoor seating and assembly

º Outdoor seating and assembly areas must be fenced from surrounding properties.

º Parking per Chapter 6 parking provisions based on the square footage of each use. Parking must be provided on-site. Outdoor seating areas must be included in the parking calculations, if shared parking is utilized, a shared parking agreement, signed by all participating parties, must be included.

2.

Taproom/tasting room shall be on the same property as the distillery

3.

The Board of Zoning Appeals shall consider the appropriateness of the site for a distillery in context to the other surrounding land uses and zoning.

Animal Slaughtering Processing:

1.

No outdoor storage of any animal, animal waste or by products shall be allowed.

2.

All buildings used for handling, processing and/or storage of any animal material shall be located a minimum of two hundred (200) feet from all property lines and one thousand (1,000) feet from any zoning district that allows residential uses.

3.

Where the site abuts a zoning district that allows residential uses, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the zoning district.

4.

Slaughter of animals, including poultry killing or dressing facilities shall not be allowed closer than one thousand (1,000) feet from a residential zone district or a district permitting residential uses.

Brewery:

1.

For all uses within a brewery (production space, tasting room, taproom, retail space, restaurant), a location map and a scaled site plan should clearly show the following:

º Site and building dimensions.

º Interior functions (production, assembly, and retail) and square footage of each. Spaces designated for commercial functions should be accessory to the production purposes of the site and should not exceed twenty-five (25%) of the gross floor area.

º Any outdoor seating and assembly.

º Outdoor seating and assembly areas must be fenced from surrounding properties.

º Parking per Chapter 6 parking provisions based on the square footage of each use. Parking must be provided on-site. Outdoor seating areas must be included in the parking calculations, if shared parking is utilized, a shared parking agreement, signed by all participating parties, must be included.

2.

Taproom/tasting room shall be on the same property as the brewery.

3.

The Board of Zoning Appeals shall consider the appropriateness of the site for a brewery in context to the other surrounding land uses and zoning.

Cement Manufacture:

1.

Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

Chemicals Manufacture:

1.

No outdoor storage shall be permitted.

2.

Where the site abuts a zoning district that allows residential uses, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the zoning district.

Foundry:

1.

Where the site abuts a zoning district that allows residential uses, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the zoning district.

Fuel/Petroleum Distribution:

1.

Where the site abuts a zoning district that allows residential uses, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the zoning district.

Meat/Poultry Processing Plant:

1.

No outdoor storage shall be permitted.

2.

Where the site abuts a zoning district that allows residential uses, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the zoning district.

Mineral Extraction, Rock Quarries, Sand, Gravel, and Earth Excavations:

The Board of Zoning Appeals may approve accessory uses to the mineral extraction activity including, but not limited to, rock crushing, mineral screening, and any combination of uses necessary to extract and process minerals. Such accessory activities shall be located within the perimeter of operation. The applicant must also meet the following requirements:

1.

An earthen berm may supplement the required landscape screening. All screening shall be maintained in good condition at all times.

2.

Areas of hazardous equipment and quarry pits shall be completely enclosed by fencing.

3.

The operation shall minimize disturbances and adverse impacts on surrounding lands using best available current technology.

4.

Blasting shall only occur between 7:00 a.m. and 5:00 p.m. Monday through Friday and may be further restricted to minimize disturbance to surrounding properties.

5.

Reclamation/Closure Plan. The application shall include plans for the final contours of the site after the operation is terminated so as to render the land suitable for a use consistent with the Land Use Plan for the City of Clarksville.

Research and Development Facility:

1.

No outdoor storage shall be permitted.

2.

All buildings used for handling, processing and/or storage of any hazardous material shall be located a minimum of one hundred (100) feet from all property lines and one thousand (1,000) feet from any zoning district that allows residential uses.

3.

The applicant shall demonstrate the capability to comply with all applicable Federal, State and Local Regulations.

Salvage and Junk Yards:

Because of the nature and character of their operation, automobile wrecking and salvage yards, junkyards, and similar uses of land can have a decidedly detrimental effect upon surrounding properties. Salvage and wrecking yards tend to create problems of noise, dust, traffic, and health hazards and may adversely affect property values by their general appearance. The applicant also must meet the following requirements:

1.

All salvage yards must be licensed. An application to establish a salvage yard within the City of Clarksville shall be filed with the Regional Planning Commission and approved by the Board of Zoning Appeals. For the purpose of this section, junkyards, automobile wrecking yards, and other similar operations shall be known as "salvage yards."

2.

Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than five hundred (500) feet from any zoning district that allows residential uses.

3.

All storage of three (3) or more unlicensed abandoned vehicles and salvaged vehicles must be in an approved and licensed salvage yard.

4.

All abandoned and junked motor vehicles and other similar large salvage articles that can be seen from any public right-of-way shall be moved to a licensed salvage yard.

5.

All outdoor storage of salvage yards or junk yards shall be conducted entirely within an area which is screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled roads or way of the system, or they will otherwise be removed from sight.

6.

Storage outside screened areas is expressly prohibited. Such screening shall be properly maintained and in good condition.

7.

All persons operating or intending to operate salvage yards must apply to and submit a Site Plan to the Regional Planning Commission for review and approval.

Stone Cutting or Crushing:

1.

Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

Storage of Cement, Sands and Gravel:

1.

Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

2.

The gross floor area shall be limited to twenty-five thousand (25,000) square feet.

Storage of Used Lumber and Building Materials:

1.

Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

2.

The gross floor area shall be limited to twenty-five thousand (25,000) square feet.

Wholesale Distribution:

1.

No outdoor storage shall be permitted.

2.

Where the site abuts a residential zone district or district permitting residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential zone district.

(Ord. No. 16-2021-22, 10-7-2021)

5.2.5   STANDARDS FOR INSTITUTIONAL USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review.

Correctional Facility:

1.

All buildings and outdoor security areas shall be setback a minimum of five hundred (500) feet from all common property lines.

Group Home:

1.

All structures shall not be located within one thousand (1,000) feet of any school, park, church, playground, or day care center.

2.

The compatibility of the proposed use shall be consistent with surrounding uses.

3.

The facility and program must secure and maintain all licenses and/or approvals as required by the state.

4.

All residents shall be supervised.

5.

The subject property must be situated in close proximity to, and have convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property.

6.

The Board of Zoning Appeals shall determine the maximum number of dwellings units or occupancy rooms or suites permitted within the proposed development.

7.

The facility shall provide adequate off-street parking and the appearance shall conform with the character of surrounding uses.

Homeless Shelter:

1.

Ownership: The host agency shall submit documentation that it owns or has a leasehold interest in the subject building.

2.

A Homeless Shelter is a non-traditional living arrangement and therefore provides less privacy and more complex living arrangements than traditional homes:

A.

No shelter shall be permitted within three hundred (300) feet, measured from near property line to near property line, of a licensed child daycare facility or any public or private pre-school or school.

B.

With the exception of Central Business District, no homeless shelter shall be located within five hundred (500) feet, measured from near property line to near property line, of any zoning district where residential uses are permitted.

3.

The building must be sufficient in size to accommodate the residents and must have necessary on site facilities including but not limited to the following:

A.

Adequate water supply;

B.

Sanitary sewer and toilets in the number required to meet capacity guidelines;

C.

Hand washing facilities by the toilets and by any food areas;

D.

Refuse receptacles; and

E.

Kitchen facilities for food preparation.

4.

The Board of Zoning Appeals and the Fire Marshall shall establish the maximum capacity limit for each shelter on a case by case basis.

5.

The subject property must be situated in close proximity to, and have convenient access to, public transportation.

6.

Code of Conduct: The host agency shall ensure that the homeless shelter has an enforceable code of conduct. A copy of the code of conduct shall be submitted to the Board of Zoning Appeals at the time of application and shall include, at a minimum, the following:

A.

Drugs - possession or use of illegal drugs is not permitted;

B.

Alcohol - no alcohol is permitted;

C.

Weapons - no weapons are permitted;

D.

Knives - all knives with blades over three and one-half (3½) inches must be turned in to the on-duty responsible person for safekeeping;

E.

Violence - no violence is permitted;

F.

Fires - no open flames are permitted. An exception may be made for propane heating or other similar appliance if approved by the Fire Marshal;

G.

Trespassing - no trespassing onto private property in the surrounding neighborhood is permitted;

H.

Loitering - no loitering in the surrounding neighborhood is permitted;

I.

Littering - no littering on the homeless shelter site or in the surrounding neighborhood is permitted.

Religious Institution:

1.

All site lighting shall be directed inward onto the site, to include shielded hoods. No light shall spill onto adjacent properties.

2.

Hours of operation shall be determined and approved by the Board of Zoning Appeals.

3.

All activities and/or accessory uses shall be specified by the applicant and approved by the Board of Zoning Appeals.

4.

Adequate parking shall be provided on-site and the parking shall be designed and be of such size that no vehicle is required to back into a public street to obtain egress/ingress.

Soup Kitchen:

1.

No soup kitchen shall be permitted within three hundred (300) feet, measured from near property line to near property line, of a licensed child daycare facility or any public or private pre-school or school.

2.

With the exception of Central Business District, no soup kitchen shall be located within one thousand (1,000) feet, measured from near property line to near property line, of any zoning district where residential uses are permitted.

3.

The Board of Zoning Appeals shall determine the hours of operation on a case by case basis, to include holiday schedules.

4.

The subject property must be situated in close proximity to, and have convenient access to, public transportation.

5.

Code of Conduct: The host agency shall ensure that the soup kitchen has an enforceable code of conduct. A copy of the code of conduct shall be submitted to the Board of Zoning Appeals at the time of application and shall include, at a minimum, the following:

A.

Drugs - possession or use of illegal drugs is not permitted;

B.

Alcohol - no alcohol is permitted;

C.

Weapons - no weapons are permitted;

D.

Knives - all knives with blades over three and one-half (3½) inches must be turned in to the on-duty responsible person for safekeeping;

E.

Violence - no violence is permitted;

F.

Fires - no open flames are permitted. An exception may be made for propane heating or other similar appliance if approved by the Fire Marshal;

G.

Trespassing - no trespassing into private property in the surrounding neighborhood is permitted;

H.

Loitering - no loitering in the surrounding neighborhood is permitted;

I.

Littering - no littering on the site or in the surrounding neighborhood is permitted.

5.2.6   STANDARDS FOR RECREATION AND ENTERTAINMENT USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Fairground:

1.

The minimum lot area shall be twenty-five (25) acres.

2.

Where any building or outdoor storage area and/or display, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred (100) feet from the common property line.

3.

Up to eighty percent (80%) of the required off-street parking is permitted to remain as green space. Gravel shall be prohibited.

4.

The hours of operation shall be limited to between 8:00 a.m. to 12 Midnight, seven (7) days a week.

Gun Range, Indoor:

1.

Indoor ranges must be housed in a building furnished with electricity and built of impenetrable walls, floors and ceilings.

2.

Where any building, excluding parking lots, abuts a zoning district where residential uses are permitted, there shall be a minimum setback of two hundred (200) feet from all common property lines.

3.

All Federal, state or local statutes, ordinances and/or regulations must be complied with.

4.

Specifications on building materials require an independent set of plans, detailing such specific requirements as grade of concrete used in walls, floors or walkways, steel reinforcing, ceiling materials, treated lumber, doors, joists, roof pitch, roofing materials, dimensions, backstop steel, electrical panels and wiring, plumbing fixtures, etc.

5.

The shooting of firearms shall be conducted within a completely enclosed building.

Racetrack:

1.

The minimum lot size shall not be less than twenty-five (25) acres.

2.

Where the track and related facilities, excluding passenger car parking lot, abut a residential zone district or district permitting residential use, there shall be a minimum setback of five hundred (500) feet.

3.

The hours of operation shall be limited to between 8:00 a.m. to 12 Midnight, seven (7) days a week.

4.

A traffic study shall be required.

Recreational Campground:

1.

The owner shall submit to the Board of Zoning Appeals a site plan of the proposed camp, drawn to a scale no smaller than one inch equals fifty feet (1" = 50') and showing:

A.

Name of actual owner.

B.

Location of the tract.

C.

Tract boundaries and acreage.

D.

The number and general location of the trailer, tent sites.

E.

Type and location of sewage disposal facilities and water supply.

F.

Restrooms and shower facilities.

G.

Garbage and refuse collection points.

2.

There shall be no more than ten (10) trailer/RV or tent sites per acre. There shall be at least twenty-five (25) feet between all trailers with their tow vehicle and any other trailer or tow vehicle. There shall be at least twenty (20) feet between all tents.

3.

There shall not be more than one (1) sign for each recreational campground.

4.

No trailer or tent may be located within any front, side or rear yard setback.

5.

There may be one (1) small food market located on the site. It shall have no more than one thousand (1,000) square feet in floor area and be in business to serve the transients of the camp.

6.

There may be one (1) structure containing a launderette and/or dry cleaning establishment. This building shall be located on the site and shall contain no more than six hundred (600) square feet in floor area. Such building shall be heated, lighted, side walled and covered.

7.

All travel trailer camps shall comply with the requirements of the Tennessee Trailer Court Act, T.C.A. Sections 53-3201 through 53-3220, regarding water supply, sewage disposal facilities, refuse storage, collection and disposal.

8.

A greenbelt planting strip, not less than fifteen (15) feet in width, is located along the property lines, except in those areas where such a strip would create a traffic hazard. This planting strip shall contain the following: One (1) row of evergreen trees spaced not more than fifteen (15) feet apart, at least eight (8) feet tall, and with a two (2) inch diameter. A sight obscuring fence that is at least six (6) feet high may be substituted for fifty percent (50%) of the required plantings.

9.

Trailer/tent sites may not be occupied for more than twenty-one (21) days.

Studios - Art, Dance, Music, Health, Massage:

For these zone districts which allow these uses as Permitted on Review, see Section 5.2.7 for Home Occupation Conditions.

Zoo:

1.

The minimum lot area shall be twenty-five (25) acres.

2.

Where any building or outdoor storage area and/or display, excluding passenger car parking lots, abuts a residential zone district or district permitting residential use, there shall be a minimum setback of one hundred (100) feet from the common property line.

3.

The hours of operation shall be limited to between 8:00 a.m. to 12 Midnight, seven (7) days a week.

5.2.7   STANDARDS FOR RESIDENTIAL USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Family Day Care:

1.

The required lot size, yard, and bulk regulations of the district shall apply. No variances shall be permitted for lots on which such use is to be located.

2.

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

3.

The facility shall meet the requirements of the Tennessee Department of Human Services pertaining to day care.

4.

Fencing, screening, and landscaping shall be provided as required by the building department to protect the surrounding area.

5.

A plan shall be submitted to the Building and Codes Department in conjunction with the application for review.

Guest House:

1.

Guest House shall be an accessory use to the single-family dwelling located on the same parcel of land.

2.

The primary single-family dwelling shall be owner occupied, and must meet all the regulations of the zoning district.

3.

There shall be free and clear access between the housekeeping units.

4.

Only one (1) meter per utility may be installed to service both units.

5.

A maximum of twenty-five percent (25%) of the gross floor area, excluding garage and utility space, may be used for the guest quarters.

6.

The guest house must be occupied by a guest of the occupants or family member.

7.

The Board of Zoning Appeals shall approve all floor plans, and adequate off-street parking shall be provided on site.

8.

The guest house shall not be rented or offered for rent.

Home Occupations:

1.

Customary home occupations shall only be conducted by the property owner(s) residing on the premises and conducted entirely within the dwelling.

2.

The maximum number of clients, patients, or customers that may be served on the property where the home occupation is based shall be established by the Board of Zoning Appeals.

3.

The home occupation shall not occupy more than thirty percent (30%) of the total floor area of the principal structure (dwelling unit).

4.

The home occupation shall not be advertised by signs or any exhibit whatsoever that would indicate that the dwelling unit is being utilized for any purpose other than a residence. There shall be no alteration of the residential building which would change its character as a residential dwelling or would make obvious that such activities are being conducted there.

5.

Machinery that causes objectionable noise, odor, vibration, interferes with radio, telephone or television reception or produces other obnoxious effects to neighboring properties is prohibited and shall be approved by the Board of Zoning Appeals.

6.

The storage of any materials on the premise associated with the home occupations shall be stored in the floor area designated for said occupation or within an approved vehicle associated with the said use. Any storage of flammable or hazardous materials shall comply with the standards adopted by the most recent version of the Standard Fire Prevention Code.

7.

Vehicles associated with the home occupation shall be limited to one (1) with a maximum axle load capacity of one and one-half (1½) tons. Any delivery vehicles delivering materials or products associated with the use shall be limited to a two (2) axle vehicle. No traffic shall be generated by such use in greater volumes than would normally be expected in a residential neighborhood.

8.

Hours of operation shall be determined by the Board of Zoning Appeals.

9.

The Board of Zoning Appeals is granted the authority to deny any proposed home occupation or to place additional conditions upon a home occupation to ensure that the residential character and quality of the neighborhood is maintained.

10.

The following occupations are typical as customary home occupations:

A.

Antique sales;

B.

Artist, sculptor, and similar occupations of art;

C.

Dressmaker, milliner, seamstress, tailor, interior decorator;

D.

Professional office or a realtor, lawyer, engineer, architect, photographer, or accountant;

E.

Individual teaching, instruction or tutoring;

F.

Any other similar use which the Board of Zoning Appeals deems to be a customary home occupation.

11.

Prohibited: Dancing institutions and band instrument instructions in groups, tea rooms, tourist homes, convalescent homes, mortuary establishments, animal hospitals, stores, and trades, or business of any kind not included herein or authorized by the Board of Zoning Appeals.

5.2.8   STANDARDS FOR TRANSPORTATION USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Airports and Heliports, (Public and Private):

1.

All facilities, excluding passenger car parking lots, shall be setback a minimum of five hundred (500) feet from all common property lines that adjoin zoning districts that allow residential uses.

2.

All site lighting shall be directed inward onto the site, to include shielded hoods. No light shall spill onto adjacent properties.

3.

Traffic Impact Study shall be required and shall demonstrate that the traffic generated will use only streets that function at, or better than, a level of service (LOS) D.

4.

Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard "D" shall be applied along common property lines.

Helistop:

1.

To the greatest extent feasible, a helistop pad should be located adjacent to the flight corridor established by the FAA (Federal Aviation Administration).

2.

In zone districts allowing hospitals and nursing homes, a helistop shall be permitted only as an accessory use.

3.

A helistop pad shall not be located closer than five hundred (500) feet to any residential property line.

4.

All helistop shall be made of dustless material and shall be enclosed by fencing to trap on-site debris.

Landing Strip (private):

1.

The landing strip shall have a minimum of five (5) acres.

2.

Outdoor lighting is prohibited.

3.

Landing Strips shall be setback a minimum of two hundred (200) feet from all property lines.

4.

The following documents shall be submitted with the Board of Zoning Appeals application:

A.

Approval from the Federal Aviation Administration;

B.

Statement from Fort Campbell Air Traffic Control Division that the landing strip will not constitute a hazard to their airport facilities.

5.2.9   STANDARDS FOR UTILITY USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Waste Water Treatment Plant:

1.

The minimum lot area shall be ten (10) acres.

2.

The facility, excluding passenger parking lots, shall not be located within one thousand (1,000) feet of any zoning district where residential uses are permitted.

3.

Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard "D" shall be applied along common property lines.

Water Treatment Plant:

1.

The minimum lot area shall be ten (10) acres.

2.

The facility, excluding passenger parking lots, shall not be located within one hundred (100) feet of any zoning district where residential uses are permitted.

3.

Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard "D" shall be applied along common property lines.

5.2.10   STANDARDS FOR WASTE MANAGEMENT USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Convenience Center:

1.

The minimum lot area shall be one (1) acre.

2.

No structure shall be located closer than fifty (50) feet from any zoning district that allows residential uses.

3.

A minimum six (6) foot high opaque fence shall surround and secure the perimeter of the convenience center when closed for business.

4.

Only the acceptance of household garbage from the public shall be accepted at the center.

5.

Open storage of waste or recyclable materials is prohibited.

6.

The facility shall be a manned operation in order to prevent rummaging and scavenging at the facility.

7.

Hours of operation and plan of operation to keep the facility neat and orderly shall be submitted to and approved by the Board of Zoning Appeals.

8.

Along all residential zone districts and districts permitting residential use, screening in the form of landscape buffer yard "D" shall be applied along common property lines.

Construction/Demolition Landfill:

1.

The minimum lot area shall be one hundred (100) acres.

2.

The landfill area, all buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred (100) feet from any property line, five hundred (500) feet from any zoning district that allows residential uses, and the facility shall not be located less than two thousand (2,000) feet from all property lines of any school or park.

3.

A traffic impact study will be required.

Medical Waste Facility:

1.

No outdoor storage shall be permitted.

2.

Where the site abuts a zoning district that allows residential uses, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the zoning district.

Sanitary Landfill:

1.

The minimum lot area shall be one hundred (100) acres.

2.

The landfill area, all buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred (100) feet from all property lines,

3.

All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of five hundred (500) feet from any zoning district that allows residential uses.

4.

The facility shall not be located less than two thousand (2,000) feet from the property line of any school or park.

5.

A traffic impact study will be required.

Waste Transfer Station:

1.

The minimum lot size shall be ten (10) acres.

2.

All buildings, structures, storage containers and areas, and vehicle loading/unloading areas shall be located a minimum of one hundred fifty (150) feet away from any zoning district that allows residential uses.

3.

The entire facility shall be enclosed by a chain-link type fence at least eight (8) feet in height. The fence shall be patrolled each day to remove all windblown debris captured by the fence.

4.

All loading, unloading, compacting, sorting, processing or storage shall take place within a completely enclosed building.

5.2.11   STANDARDS FOR OTHER USES PERMITTED ON REVIEW (PR)

Subject to the procedures outlined in Chapter 5.2: Procedures For Uses Permitted On Review, the applicant also must meet the following requirements:

Emergency Services:

1.

The minimum lot area shall be one (1) acre.

2.

Facilities for the provision of emergency services, excluding passenger parking lots, shall be located no less than fifty (50) feet from any zoning district where residential uses are permitted.

5.3.1   AGRICULTURAL ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Agricultural Uses (Customary):

1.

No part of any building and/or structure in which animals are housed shall be closer than two hundred (200) feet from any property line.

2.

All livestock shall be enclosed by appropriate fencing.

3.

Beekeeping activities shall be conducted in accordance and in compliance with state law of general application, to include regulations promulgated by the Tennessee Department of Agriculture, including the "Honey Bee Best Management Policy and Practices" issued by the Tennessee Department of Agriculture (Apiary Section) as may be amended from time to time.

5.3.2   COMMERCIAL ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Barber and Beauty Shops:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Cafe/Coffee Shop:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Candy, Cigars and Tobacco (Retail):

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Florist (Retail):

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Gift or Card Shop:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Jewelry Store:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Nursery:

1.

This use shall be located on the same parcel as the principle use.

2.

This use shall be a secondary use to the principle use.

Personal Care Services:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Pharmacy:

1.

This use shall be located within the same building as the principle use.

2.

This use shall be accessory to a medical use.

3.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

4.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Restaurant/Fast Food:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Restaurant/Full Service:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

Retail:

1.

This use shall be located within the same building as the principle use.

2.

The leasable floor area for the accessory use shall be accessible only from inside the principle use.

3.

There shall be no signage advertising the service(s) to the general public on the exterior of the principle use.

5.3.3   EDUCATIONAL ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Dormitory:

1.

This use shall be accessory to a college or university.

Fraternal Organizations:

1.

This use shall be accessory to a college or university.

Fraternity/Sorority Houses:

1.

This use shall be accessory to a college or university.

5.3.4   RECREATIONAL AND ENTERTAINMENT ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Health Club:

1.

This use shall be accessory to the residential or office use.

Recreation Center:

2.

This use shall be accessory to the residential or office use.

Swimming Pools:

3.

This use shall be accessory to the principal use.

Swimming Pools/Bath House (private family):

4.

This use shall be accessory to the principal use.

5.3.5   RESIDENTIAL ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Garage/Carport:

1.

This use shall be accessory to the residential use and shall be located on the same parcel of land.

Hobby/Work Shop:

1.

The hobby/work shop shall be considered an accessory use to the residence and shall be located on the same parcel of land.

2.

The hobby/work shop shall be conducted in a dwelling unit or accessory building by one (1) or more occupants of the dwelling unit.

3.

No clients or patrons shall be served on the site in which the hobby/work shop is located.

4.

The use of mechanical or electrical equipment shall be permitted in connection with the hobby/work shop:

A.

Equipment shall be used purely for domestic or household purposes;

B.

Equipment shall be located within the dwelling unit or accessory building and cannot be seen;

C.

Equipment shall not interfere with radio and television reception on neighboring properties.

5.

The storage of materials or goods shall be permitted in connection with the hobby/work shop provided such storage complies with the following standards:

A.

All materials or goods shall be stored completely within the dwelling unit or accessory building;

6.

Offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects shall not be permitted.

7.

The Hobby/Work shop shall not be a commercial operation.

Parsonage:

1.

The parsonage shall be considered an accessory use to the religious institution in which it serves.

Playhouses:

1.

Playhouses shall be an accessory use to the residential use and shall be located on the same parcel of land.

Storage Shed (Residential):

1.

Storage sheds shall be an accessory to the residential use and shall be located on the same parcel of land.

5.3.6   TRANSPORTATION ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Medical Helistop:

1.

Medical helistop shall be accessory to hospitals, medical offices, and nursing homes.

5.3.7   UTILITY ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Solar Panel:

1.

The structure(s) shall meet all required setbacks.

2.

The structure(s) shall only be used to serve the property on which the structure is located.

Windmill:

1.

The structure(s) shall meet all required setbacks.

2.

The structure(s) shall only be used to serve the property on which the structure is located.

5.3.8   OTHER ACCESSORY USES (A)

Subject to the procedures outlined in Chapter 5.3: Procedures For Accessory Uses, the applicant also must meet the following requirements:

Amateur Radio Antenna:

1.

In all zone districts, transmission and reception antennae may be attached to a single tower accessory to any. The following restrictions shall apply:

A.

Antennae may be mounted on a single tower or pole, or attached to the structure or accessory structure provided only one such support or attachment shall be permitted per lot. Guy wires shall not extend beyond the property boundary;

B.

The maximum height of antennae shall be sixty (60) feet, as measured from finished grade at the base of the support structure;

C.

The tower or pole support shall be located to the rear of the structure and the tower or pole shall be set back from all property lines a distance equal to the height of the entire structure, including antennae.

Emergency Shelters:

1.

Emergency shelters are permitted as an accessory use and structure in any district, subject to the building setbacks and yard requirements of the district established therein. These shelters may contain or be contained in other structures or may be used with any principal or accessory use permitted in the use district.

Satellite Dishes:

1.

In all zone districts, a single satellite antenna shall be permitted only as an accessory use. A ground-mounted antenna exceeding three and one-half (3½) feet in diameter shall be located behind the rear wall of the residence, shall comply with all minimum required setbacks and shall not exceed sixteen (16) feet in height from grade.