The following provisions shall apply throughout the jurisdiction of this Ordinance, regardless of the underlying regulating district.

(Ord. of 6-20-16(2))

2.2.1 Use.

(A)

No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided in this Ordinance.

(B)

Only one (1) principal building and its customary accessory structure(s) may hereafter be erected on any lot, except as allowed in individual districts for non-residential and mixed use developments.

FIGURE 2.1: PRINCIPAL AND ACCESSORY STRUCTURES

2.2.2 Lot of Record.

(A)

No yard or lot existing at the time of passage of this Ordinance shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Ordinance shall be at least the minimum requirements established by this Ordinance.

(B)

Where the owner of a lawfully existing lot of official record in any residential district or the owner's successor in title thereto does not own sufficient contiguous land to enable the owner to conform to the minimum lot size requirements of this Ordinance, such lot may be used as a residential building site, where permitted, provided, however, that the other requirements of the district are compiled with or a variance is obtained from the Board of Adjustment.

(C)

Notwithstanding the foregoing, whenever two (2) or more adjoining vacant lots of record are in a single ownership at any time after the adoption of this Ordinance and such lots individually have less area or width than the minimum requirements of the district in which such lots are located, such lots shall be considered as one (1) or more lots which meet the minimum requirements of this Ordinance for the district in which such lots are located and shall be combined by deed or plat prior to the development of any such lot.

2.2.3 Lot Access.

(A)

No building, structure or use of land for other than agricultural purposes shall be constructed on a lot, which does not abut a street at least 25 feet except as outlined in subsection (B).

(B)

A maximum of two (2) lots may be divided from any tract of land in the city limits or the ETJ (extra territorial jurisdiction) that was "land locked" as of May 5, 2004. Said lot or lots shall meet the minimum size requirements of the district in which it is located and shall be served by an easement of no less than 25 feet in width, which is connected to a dedicated right-of-way. The said 25-foot easement shall serve only the two (2) lots to be subdivided and the original tract shall be legally described and recorded in the Rutherford County Register of Deeds.

(C)

Through lots (double frontage lots) shall be avoided, wherever possible.

(Ord. of 6-20-16(2))

2.3.1 Suitability of Land.

(A)

Land which, on the basis of engineering or other expert surveys, has been determined to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be developed for that purpose, unless and until the developer has taken the necessary measures to correct said conditions and to eliminate said dangers.

(B)

Areas that have been used for disposal of solid waste shall not be developed unless tests by the Health Department, a structural engineer and a soils expert determine that the land is suitable for the purpose proposed.

(C)

All development proposals shall be consistent with the need to minimize flood damage in accordance with regulations of the Flood Damage Prevention provisions of Chapter 7.

2.3.2 Name Duplication.

The name of the development shall not duplicate nor closely approximate the name of an existing development within the Town of Forest City. All final development and street names shall be reviewed and approved by Rutherford County E-911/Addressing.

(Ord. of 6-20-16(2))

(A)

Uses designated as "permitted uses" and "uses permitted with supplemental requirements" are allowed in a district as a matter of right if other applicable regulations of this Ordinance are met.

(B)

Uses classified as "special uses" are permitted upon approval of a Special Use Permit and development plan by the Board of Adjustment.

(C)

The Board of Adjustment may after having held a public hearing in accordance with Chapter 15 determine if a use is permitted within a zoning district based on its interpretation of this Ordinance if the Administrator determines that the use's permissibility within a zoning district is unclear in the Ordinance.

(D)

Unless a use is allowed as a "permitted," "use permitted with supplemental requirements," "special use," "nonconforming use," or "temporary use" in this Ordinance, then such use is prohibited.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)