This chapter is adopted in pursuance of the authority granted by T.C.A. § 13-7-201 et seq., to provide for the establishment of districts within the city; to promote the health, safety, convenience and welfare of the inhabitants by regulating the uses of land and the construction of buildings with the intent to encourage the most appropriate use of land consistent with the future plans of the city; to provide regulations governing nonconforming uses and structures; to provide for a board of zoning appeals and/or its powers and duties; to provide for the administration of this chapter; and to provide penalties for the violation of this chapter.

(Code 1986, § 25-1)

(a)

Except as specifically defined in this section or in the building code, all words used in this chapter shall have their customary dictionary definitions where not inconsistent with the context of this chapter. The word "building" shall include the word "structure." In the case of conflict with the building code or dictionary definitions with the definitions contained in this chapter, the definition in this section shall prevail.

(b)

The categories established in this section to define the permitted uses are derived from the Standard Land Use Coding Manual, reprinted March, 1977, and adapted to the particular needs of the city. The Standard Land Use Coding Manual, reprinted March, 1977, on file in the clerk's office, is intended to serve as a guide in the determination of what uses are permitted in each zoning district.

Accessory building or structure means any permanently located outdoor construction that is normal and incidental to principal buildings, including, but not limited to the following: detached garage, swing sets, tree house, play fort, fireplace, storage building and pool house. This definition does not include fences.

Alley means a thoroughfare which affords only secondary means of access to the abutting property and has a right-of-way of 25 feet or less.

Apartment means one unit, including living, cooking and sanitary facilities in a multifamily dwelling.

Assisted-care living facility means a building establishment, complex or distinct part thereof which accepts persons 55 years and older for domiciliary care and which provides, on-site to residents, room, board, nonmedical assistance services appropriate to the resident's respective needs, and medical services as prescribed by each resident's treating physician subject to the limitations found in T.C.A. § 68-11-201(5)(C).

Assisted-care living facility resident means a person 55 years of age or older who requires domiciliary care, and who may require one or more of the services described in T.C.A. § 68-11-201(5)(C). Such resident will be transferred to a licensed nursing home when, in the opinion of the resident's treating physician, such services available to such resident in the assisted-care living facility, as aforesaid, no longer are adequate for the care of the resident.

Automotive sales agency means a building used for the display, sales, storage, servicing and repairing of the new passenger motor vehicles, and of used passengers motor vehicles as an accessory use. However, except as otherwise provided in article III, division 13 of this chapter, no part of the premises shall be used for a body sheet metal repair shop, nor for the dismantling or storage of wrecked vehicles.

Barn means a large accessory building used exclusively for the storage of grain, hay and other farm products; and/or the sheltering of livestock or farm equipment.

Buffer strip means a strip of land, established to protect one type of land use from another with which it is incompatible and which is landscaped and kept in perpetual open space uses.

Building means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property.

Building, height of means the vertical distance as measured from the finished grade at the front line of the building to the highest point of the coping of a flat roof, or the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Building line—front, side, rear means lines which define the required area for the front, side and rear yards, as set forth in this chapter. This line is usually fixed parallel to the lot line and is equivalent to the required yards.

Building, main or principal means a building in which the primary use of the lot is conducted.

Business service means establishments which provide aid or merchandise to retail trade establishments including: advertising firms; consumer and mercantile credit reporting and collection forms; duplicating, mailing and stenographic services; dwelling and building cleaning services; news syndicate services; employment, rental and leasing services; photo finishing; and trading stamp services; excluding warehousing and storage services. (See Code 63 in the Standard Land Use Coding Manual.)

Carport means a canopy attached to the main building, providing a sheltered place for parking a vehicle and for entering and alighting from the vehicle.

Child care means the various arrangements made by parents for the care outside their home, of children under 17 years of age, for less than 24-hour periods as provided in T.C.A. § 71-3-501 et seq., as well as all pertinent rules, regulations and standards of the state department of human services.

Child care facility means a building or structure used for the care of children as defined in this definition. Such a facility normally includes one of the following types:

(1)

Family day care home. A home (occupied residence) operated by any entity or person which provides child care for at least five children but not more than seven children who are not related to the primary care givers.

(2)

Group day care home. Any place or facility operated by any entity or person which provides child care for at least eight children but not more than 12 children who are not related to the primary care givers; provided, however, that up to three additional school age children may be received for care before and after school, on school holidays, on school snow days and during summer vacation.

(3)

Day care center. A place operated by a person, social agency, corporation, institution or other group that receives pay for the care of 13 or more children under 17 years of age for less than 24 hours per day, without transfer of custody.

Clinic means an establishment housing facilities for medical or dental diagnosis and treatment exclusive of major surgical procedures for patients who are not kept overnight on the premises.

Club, country means a club with recreation facilities for members, their families and invited guests.

Club, private means buildings and facilities owned or operated by a corporation, association or persons for a social, educational or recreational purpose, but not for profit or to render a service which is customarily carried on as a business.

Community assembly facility means any of the following types of institutions or installations where community activities are typically performed such as: parochial and private clubs, lodges, meeting halls, recreation centers and areas; temporary festivals; theaters; public, parochial and private museums and art galleries; places of worship, including any structure or site such as a church, synagogue, chapel, sanctuary or cathedral, used for collective or individual involvement with a religious activity, such as rites, rituals, ceremonies, prayer and discussion; public community centers and recreational areas such as playgrounds, playfields and parks.

Condominium means an ownership arrangement in which the buyer purchases only a dwelling unit and does not receive the title to any real property.

Congregate care facility means a facility for long-term residence which includes common dining and social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways designed to accommodate wheelchairs, and the provision of social services for residents which might include meal services, transportation, housekeeping, linen and organized social activities.

Cultural activity means any institution concerned with the appreciation of nature and the humanities such as, but not limited to, museums, art galleries, historic sites and aquariums. (See Code 71 in the Standard Land Use Coding Manual, reprinted March, 1977, excluding Code 7124.)

Driveway means a paved way, on private property, providing access from a public way, street or alley to the main buildings, carport, garage, parking space or other portion of the premises.

Dwelling means any building or portion thereof which is designed for or used for residential purposes.

Dwelling, multifamily means a building designed for occupancy by three or more families living independently of each other.

Dwelling, single-family-detached means a building designed for or occupied by one family which has no connection by a common wall to another building or structure similarly designed.

Dwelling, townhouse means one of a series of more than two attached single-family dwelling units constructed side by side with a common wall between each two units. At points of attachment such buildings are separated from one another by continuous vertical walls without opening from the basement floor to the roof. This definition includes townhouses and condominiums. This definition does not preclude condominiums or any dwellings constructed to condominium standards as set forth in the Standard Building Code.

Dwelling, two-family means a building designed to be occupied by two families, living independently of each other and having one wall common to both dwelling units.

Dwelling unit means one or more rooms designed as a unit for occupancy by one family for cooking, living and sleeping purposes, which is part of a two-family duplex, townhouse or multifamily structure.

Educational services means established schools including primary, secondary, universities, colleges, junior colleges and various private facilities such as correspondence schools and art, dance and music schools. (See Code 68 in the Standard Land Use Coding Manual, reprinted March, 1977.)

Employee quarters means accessory residential structures which house people employed by the residents of the principal building or owners of the property and which is not used for rental purposes.

Family means:

(1)

One person occupying the premises and living as a single housekeeping unit; or

(2)

Two or more persons related by blood, marriage, or other legal arrangement occupying the premises and living as a single nonprofit housekeeping unit without regard to the number of minors occupying such housekeeping unit; or

(3)

Two or more persons related by blood, marriage, or other legal arrangement and not more than one other adult person unrelated to those persons who are related by blood, marriage, or other legal arrangement occupying the premises and living as a single nonprofit housekeeping unit without regard to the number of minors occupying such housekeeping unit; or

(4)

Not more than three adult persons unrelated by blood, marriage, or other legal arrangement occupying the premises and living as a single nonprofit housekeeping unit without regard to the number of minors occupying such housekeeping unit; or

(5)

Eight or fewer unrelated mentally retarded, mentally handicapped, or physically handicapped persons and as many as three additional persons acting as houseparents or guardians, who need not be related to each other or to any of the mentally retarded, mentally handicapped or physically handicapped persons residing in the home.

Finance, insurance and real estate services means those establishments which provide banking or bank related functions and insurance and real estate brokers. (See Code 61 in the Standard Land Use Coding Manual, reprinted March, 1977.)

Flood district means that area of the city including those lands identified as being subject to inundation during the 100-year flood in the flood insurance study prepared for the city by the U. S. Army Corps of Engineers; all those areas identified as floodplain, or as having special flood hazards; and all land within the 100-year flood boundaries of all watercourses, as established by the Army Corps of Engineers.

Front line of the building means a line on the ground corresponding to the front roofline of a building.

Funeral chapel means a building used primarily for human funeral services, provided that such building shall not contain facilities for: (a) embalming; (b) performance of autopsies or other similar surgical procedures; (c) cremation; or (d) storage of funeral caskets and funeral urns, except those on display on the premises; and (e) that funeral vehicles shall not be stored on the premises except in a garage or other accessory building with no direct public street frontage; and (f) that the garage or other accessory building shall not be used for other purposes.

Garage, private means a building or portion thereof for the storage of motor vehicles owned or used by the residents.

Governmental agency means an agency of the federal, state or the local government or any combination thereof.

Grade means the ground elevation used for the purpose of regulating the height of buildings. The ground elevation used for this purpose shall be the average of the finished ground elevations at the front line of the building.

Gross floor area means the total floor area, including the basements, mezzanines and upper floors, if any, expressed in square feet measured from centerlines of joint partitions and exteriors of outside walls.

Guesthouse means an accessory residential unit which is subordinate to the principal building in size and use, and which is not used for rental purposes.

Habitable space means areas within a building designed and/or used as living quarters for human beings.

Health care facility means a hospital or other similar institution which is primarily engaged in providing medical, emergency, surgical, obstetric, nursing, physical rehabilitation, hospice or behavioral (including chemical dependency) health care to persons suffering from illness, injury, disease, or other physical or mental conditions. This classification includes facilities for inpatient or outpatient treatment, and can include emergency rooms, operating rooms, laboratories, diagnostic facilities, medical and administrative offices, teaching facilities, meeting areas, cafeterias, maintenance and structured parking facilities.

Hotel means a building in which lodging is provided and offered to the public for compensation, and in which ingress and egress (not including emergency exits) to and from all rooms are made through an interior corridor or lobby supervised by a person in charge at all hours (i.e. individual rooms are not accessible from exterior corridor).

Institution means a building occupied or operated by a nonprofit society, corporation, individual foundation or governmental agency for the purpose of providing charitable, social, educational or similar services of an eleemosynary character to the public.

Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats, or a place where four or more adult cats or dogs or any combination of four such animals are kept, whether by the owners of the animals or by other persons, with or without compensation.

Laboratory, research means a building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, resins, coatings, fibers, fabrics, films, heat transfer, and radiation research facilities.

Laboratory, support means a facility for scientific laboratory analysis of natural resources, medical resources, and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products.

Laundromat means an establishment providing home-type washing, drying or ironing machines for hire, to be used by customers on the premises and not by employees.

Laundry means an establishment where clothing and similar divisions are washed, ironed or dry cleaned by employees on the premises and including the usual services associated with such an establishment.

Laundry pickup station means an establishment where clothing and similar divisions are received, to be washed or dry cleaned elsewhere, and where the divisions so processed may be held for return to the customer.

Loading space means an off-street space on the same lot with a building or group of buildings for temporary parking of a vehicle while loading and unloading merchandise or materials.

Lot means a legally recorded parcel of land.

Lot area means the total horizontal area included within lot lines.

Lot corner means a lot abutting upon two or more streets at their intersection.

Lot coverage means the lot area covered by all buildings located therein.

Lot, double frontage means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.

Lot of record means a parcel legally recorded in the office of the county register of deeds on January 19, 1981.

Lot width means the horizontal measurement at the building line.

Medical office/services means an office or clinic for health care professionals, including but not limited to medical doctors, dentists, eye care specialists, chiropractors, nurses, physical therapists, and acupuncturists. The majority of patient encounters involve examination, diagnosis, treatment, or surgical procedures on an outpatient basis. Also included in this definition are establishments which provide services, supplies, equipment or merchandise related to the health care field.

Nonconforming building means any building or portion thereof which was lawfully erected or altered prior to January 19, 1981, but which no longer complies with the height, yard or area regulations of the district in which it is located.

Nonconforming use means any use of a building or premises which lawfully existed prior to January 19, 1981, or amendment hereof, but which no longer complies with the use regulations of the district in which it is located.

Open space means an area between principal buildings unoccupied and unobstructed by any portion of the foundation of the principal building. Open space includes: the area under the eaves of buildings; sidewalks; land and the area beneath accessory buildings devoted to recreational purposes such as, but not limited to, swimming pools, tennis courts and recreational center buildings. Open space does not include: the area beneath nonrecreational accessory buildings, carports, garages, porches, patios, drives and parking areas.

Outpatient surgical facility means a medical facility (other than the office of a physician, dentist, or other medical practitioner where, in addition to the performance of surgical procedures, patients consult with medical practitioners), that offers surgical procedures and related care on the day of surgery that can be performed without requiring over-night inpatient hospital care.

Park means an open area set aside for leisure activities which is not used for the operation of a profit making venture such as, but not limited to, playgrounds, athletic or play fields and picnic areas.

Parking space, required means a paved and properly drained area enclosed or unenclosed required by this chapter to be permanently reserved for parking one motor vehicle. Each required parking space shall have a minimum area of 180 square feet and not less than nine feet wide, exclusive of driveways, and shall be connected with a public street, alley or by a paved driveway affording safe and convenient ingress and egress. The minimum area of a compact parking space shall be 128 square feet with a minimum width of eight feet. Except on lots occupied by single-family and two-family dwellings, parking spaces and driveways shall be so arranged as to provide for both ingress and egress by forward motion of the parked or parking vehicle.

Paved means having a surface of concrete, asphalt or brick, adequate in strength to support motor vehicles.

Penthouse means an enclosed structure above the roof of a building, other than a roof structure or bulkhead, occupying more than one-third of the roof area. A penthouse, bulkhead or any other similar projection above the roof shall not be used for purposes other than shelter of mechanical equipment or shelter of vertical shaft openings in the roof.

Personal services means establishments which provide services to persons or households, excluding funeral and crematory services and cemeteries. (See Code 62 in the Standard Land Use Coding Manual, reprinted March, 1977.)

Planting screen means a strip of land containing trees, bushes or shrubbery which serves as a buffer between lots and/or land uses.

Plat means a map, plan or layout indicating the location and boundaries of individual properties and which may indicate structure location and horizontal measurements.

Principal building means a building in which is conducted the primary use of the lot on which it is located.

Principal use means the specific primary purpose for which land or a building is used.

Professional services means those services normally provided by the established professions such as, but not limited to, physicians' services, dental services, legal services, engineering services, architectural services and accounting services, not to include sanitariums, convalescent and rest home services. (See Code 65 in the Standard Land Use Coding Manual, reprinted March, 1977.)

Public uses means facilities such as, but not limited to, parks, schools and offices owned and operated by governmental bodies.

Public utility means any plant or equipment for the conveyance of telephone messages or for the production, transmission, delivery or furnishing of heat, chilled air, chilled water, light, power or water, or sewerage facilities, either directly or indirectly to or for the public. (See Codes 47 and 48 in the Standard Land Use Coding Manual, reprinted March, 1977, except Codes 4823 and 485.)

Recreational building means a structure which provides space and/or opportunities for various leisure time activities or amusements.

Recreational facilities means establishments providing opportunities or areas for various leisure time activities or amusements.

Repair services means those establishments which fix, mend or overhaul merchandise for households or businesses, not to include automobile body shops. (See Code 64 in the Standard Land Use Coding Manual, reprinted March, 1977.)

Research and development center means research, development, and testing laboratories that do not involve the mass manufacture, fabrication, processing or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration, or similar pollution standards.

Restaurant means an establishment whose principal business is for the sale of prepared foods.

Restaurant drive-in means any restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages or other food directly to patrons for consumption in cars parked on the premises.

Retail trade means those establishments engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods. The three basic categories of merchandise subject to retail trade are as follows:

(1)

Convenience goods: Items of every day consumption such as those offered by foodstores, drugstores and service stations, in which convenience plays an important role in the buying decision. (See Codes 54, 56, 58 and 60 and Code 5530, excluding Codes 582, 596 and 598 in the Standard Land Use Coding Manual, reprinted March, 1977.)

(2)

Shoppers goods: Infrequently purchased items such as those offered by department, apparel and variety stores for which buyers will travel some distance to make comparisons before making a decision. (See Codes 53, 56, 57 and 59 in the Standard Land Use Coding Manual, reprinted March, 1977.)

(3)

General merchandise: A diverse group of retail firms selling all types of merchandise. (See Codes 52, 53, 54, 55, 56, 57, 58 and 59, excluding Codes 559 and 5512 in the Standard Land Use Coding Manual, reprinted March, 1977.)

Satellite dish receiving antenna means an earth station antenna for the reception or transmission of satellite delivered communication services and which complies with the following:

(1)

In residential districts: Satellite dish receiving antenna that exceed 36 inches in diameter shall be installed in compliance with the following:

a.

Is located on the lot behind the rear line of the principal building and is a minimum of 15 feet from the principal building;

b.

Does not exceed nine feet in height, as measured at its highest point above the surrounding grade;

c.

Is set back from the rear and side property lines a distance equal to at least two times the height of the satellite dish receiving antenna and not closer than five feet to any recorded easement; and

d.

Is of such color and appearance as to be reasonably consistent and compatible with the natural surroundings of the building, lot, tract or parcel upon which the satellite dish receiving antenna is located and is screened from view from the public thoroughfares and from adjacent property, measured at a point six feet above each property line by either:

1.

A solid wood screening fence which complies with the provisions of chapter 6, article VI of this Code;

2.

By a landscaped planting screen; or

3.

A combination of a solid wood screening fence and a landscape planting screen.

Each such landscaped planting screen shall consist of evergreen plants, or seasonal foliage plants, or a combination thereof, of such height (not less than the height of the satellite dish receiving antenna) and density to screen from view as aforesaid. All such required screening shall be in place before the satellite dish receiving antenna is placed in use and shall be maintained throughout the time the satellite dish receiving antenna is located on the lot.

(2)

In residential districts: Satellite dish receiving antenna that are 36 inches or less in diameter shall be installed in compliance with the following:

a.

May be mounted on the principal building on the side of a roof or a gable, provided such roof or gable does not face an adjacent street, and the dish does not extend in height above the ridge of the roof.

b.

May be mounted on a ground-mounted pedestal or other mounting device detached from the principal building in compliance with the following:

1.

The mounting device and satellite dish receiving antenna shall not be located in the front or side yard of the lot.

2.

The mounting device and satellite dish receiving antenna shall be located a minimum distance from the rear and side property lines equal to the height of the mounting device and satellite dish measured at its highest point above the surrounding grade, and not closer than five feet to any recorded easement on the lot.

3.

The mounting device and satellite dish receiving antenna shall not exceed 20 feet in height measured at its highest point above the surrounding grade.

c.

The satellite dish receiving antenna and mounting device shall be of such color and appearance as to be reasonably consistent and compatible with the natural surroundings of the building, lot, tract or parcel. For aesthetic reasons, every effort should be made to locate the dish in as inconspicuous a place as possible consistent with the satellite dish receiving antenna being able to receive the satellite signal.

(3)

In office, OG and commercial districts: Installation of all satellite receiving dishes in these districts must be approved by the design review commission in accordance with the following:

a.

Complies with the requirements for residential districts as in subsections (1) or (2) of this definition; or is mounted on the roof of the building where satellite services are desired and is screened from view from public thoroughfares and from adjacent property by methods and materials approved by the design review commission (see exception in subsection (3)b of this definition).

b.

If the design review commission determines that a roof-mounted satellite dish does not require screening from public view, the satellite dish shall be painted a color satisfactory to the design review commission to make it blend visually with the roof or other surroundings where mounted.

(4)

The provisions of any other ordinance, rule or regulation, statute or other provision of law, provided that where provisions of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, statute or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

(5)

Does not violate or interfere with any applicable easement, covenant or any other private agreement or restriction, provided that where the provisions of this definition are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restrictions, the requirements of this definition shall govern.

(6)

Is used in compliance with all applicable laws regarding such communication devices.

School, parochial means an institution of learning owned and/or operated by a recognized church or religious institution.

School, private means an institution of learning that is not parochial or public in nature.

School, public means an institution of learning owned and/or operated by a governmental body.

Service station means any facility used for dispensing or sale at retail of any motor vehicle fuels.

Setback means the minimum distance required between the lot boundary and the building line as stipulated by the front, side or rear yard provisions of this chapter.

Sexually oriented businesses:

•Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

•Adult bookstore, adult novelty store or adult video store means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matters, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for any form of consideration the specified materials which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

•Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

a.

Persons who appear in a state of nudity; or

b.

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

c.

Films, motion pictures, video cassettes, slides or other photographic reproductions which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

•Adult hotel means a hotel or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or

b.

Offers a sleeping room for rent for a period of time that is less than ten hours; or

c.

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

•Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which regularly depicts material which are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas."

•Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by an emphasis on the exposure of "specified anatomical area" or by "specified sexual activities."

•Employee means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

•Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

•Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

•Establishment means and includes any of the following:

a.

The opening or commencement of any sexually oriented business as a new business;

b.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

c.

The additions of any sexually oriented business to any other existing sexually oriented business; or

d.

The relocation of any sexually oriented business.

•Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

•Nude model studio means any place where a person regularly appears semi-nude, in a state of nudity, or regularly displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the state or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

a.

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

b.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and,

c.

Where no more than one nude or semi-nude model is on the premises at any one time.

•Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

•Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

•Semi-nude or semi-nude condition means the showing of the bare female breast below a horizontal line across the top of the areola at its highest point or the showing of the bare male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

•Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, regularly offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

b.

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

•Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult hotel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

•Specified anatomical areas Specified anatomical areas means, but is not limited to, the following:

a.

The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or,

b.

Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

•Specified criminal activity means any of the following offenses:

a.

Prostitution; patronizing prostitution; promoting prostitution; sexual performance by a child; aggravated sexual exploitation of a minor; sexual exploitation of a minor; possession or distribution of child pornography; public indecency; indecent exposure; engaging in organized criminal activity; aggravated sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

b.

For which:

1.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, which ever is the later date, if the conviction is of a felony offense; or

3.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

c.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

• Specified sexual activities means any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

c.

Excretory functions as part of or in connection with any of the activities set forth in a. through b. above.

•Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than 25 percent, as the floor areas exist on April 9, 2001.

•Transfer of ownership or control of a sexually oriented business means and includes any of the following:

a.

The sale, lease, or sublease of the business;

b.

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

c.

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Site plan, sketch plan, general plan means a plat delineating the overall scheme of the development of a tract, including all items as specified in this chapter.

Stable means an accessory building having stalls or compartments where animals, excluding dogs and cats, are sheltered and fed.

Story means a portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it, provided that the following shall not be deemed a story:

(1)

A basement or cellar if the greater portion of the finished area is below the average adjoining elevations of the finished grade.

(2)

A basement or ground level area used exclusively for the storage of motor vehicles.

Street means a public thoroughfare.

Street, collector means a street so designated on the city major road plan.

Street, local or residential means a street primarily intended to provide access to abutting property.

Street, major means a street so designated on the city major road plan and designed primarily to serve through traffic.

Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground; shall not include pavement or similar surface treatment.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls; shall not include paving or similar ground surface alterations for which no elevation changes are required.

Technology means an economic development classification that may include telecommunications, information technology, software, biotechnical/medical, logistics, computer, defense, test and measurement, electronic components, technology-oriented education facilities, training, multimedia, semiconductor and fiber optics.

Transient dwelling means homes, condominiums, apartments, rooms and/or other residential accommodations that are occupied for dwelling, lodging, or sleeping purposes by Transient Guest(s) for any consideration.

Transient guest(s) means one or more persons who occupies a transient dwelling or portion thereof, other than his or her usual place of residence, in exchange for any consideration.

Variance means a relaxation of the terms of this chapter by the board of zoning appeals as provided for in T.C.A. § 13-7-207.

Veterinary hospital or clinic means any establishment maintained and operated by a licensed veterinarian for the surgery, diagnosis and treatment of diseases or injuries of animals. Such as establishment may include boarding facilities which shall be within the principal building.

Yard means an open area at grade between the building and the adjoining lot lines.

Yard, required front means a yard extending across the front of a lot between the side lot lines and being the minimum allowed horizontal distance between the street and the front building line. On corner lots, the yards adjacent to both streets are front yards.

Yard, required rear means a yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear building line. On all lots except corner lots, the rear yard shall be opposite the front yard. On corner lots, there shall be no required rear yard unless designated on the recorded plat; otherwise a corner lot shall have two front yards and two side yards.

Yard, required side means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side building line.

Zoning district means any section of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.

(Code 1986, § 25-2; Ord. No. 1999-3, § 1, 6-28-99; Ord. No. 2001-2, 4-9-01; Ord. No. 2004-8, 8-23-04; Ord. No. 2005-05, § 1, 2-28-05; Ord. No. 2006-8, 1-22-07; Ord. No. 2009-16, 11-9-09; Ord. No. 2012-14, § 1, 11-12-12; Ord. No. 2014-11, § 1, 10-13-14; Ord. No. 2014-12, § 1, 10-27-14; Ord. No. 2016-08, 8-8-16; Ord. No. 2021-5, 4-26-21; Ord. No. 2024-16, (Att.), 10-18-24)

Cross reference— Definitions generally, § 1-2.

(a)

Provisions for official zoning map. The city is hereby divided into zones as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter. The official zoning map shall be identified by the signature of the mayor and bear the seal of the city, under the following words:

"This is to certify that this is the Official Zoning Map referred to in section 11-101 of Ordinance Number 1980-3 of the City of Germantown, Tennessee, together with the date of the adoption of the ordinance."

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located at Municipal Center shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city. If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the board of mayor and aldermen may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The prior official zoning map shall be preserved, together with all available records pertaining to its adoption or amendment, should any significant parts remain.

(b)

Zoning affects every building and use. No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered and no plan for development shall be reviewed or approved by the planning commission unless for a use expressly permitted by and in conformity with the regulations specified in this chapter for the district in which it is located, except as hereafter provided.

(c)

Lot of record. Where the owner of a lot of official record on January 19, 1981, does not own sufficient land to enable him to conform to the yard or other requirements of this chapter, an application may be submitted to the board of zoning appeals for a variance from the terms of this chapter, in accordance with division 2 of article II of this chapter. Permission to use such lot as a building site may be granted, however, providing that the yards and other requirements of the district are complied with as closely as is possible in the opinion of the board of zoning appeals. Where two or more substandard lots of record with a continuous frontage are under the same ownership, or where a substandard lot of record has continuous frontage with a larger tract under the same ownership, such lots shall be combined to form one or more building sites meeting the minimum requirements of the district in which they are located.

(d)

Corner lots. On corner lots there shall be two front yards which shall be designated as those yards bordering the intersecting streets, and at least two side yards and no rear yard.

(e)

Determination of setbacks. In measuring a yard, the minimum horizontal distance between the proposed right-of-way line and the main building shall be used. The required setback line shall be measured from the proposed right-of-way line which shall be determined by the latest revision of the city major road plan. If a new or existing street is not defined by the adopted major road plan, the required width of the street in question shall be determined by the planning commission.

(Code 1986, § 25-3; Ord. No. 2004-14, § 1, 11-8-04; Ord. No. 2021-5, 4-26-21)

All territory hereafter annexed to the city shall be zoned according to the applicable zoning districts of the city in accordance with the following procedure:

(1)

At the time an annexation is proposed by the annexation committee and submitted to the board of mayor and aldermen for consideration, the proposed annexation shall be submitted to the planning commission for a zoning recommendation.

(2)

Prior to or within 30 days of the final adoption of the annexation ordinance by the board of mayor and aldermen, the planning commission shall submit a recommendation to the board for zoning of the annexed area.

(3)

Within 45 days of receipt of the zoning recommendation from the planning commission, the board of mayor and aldermen shall, by separate ordinance, zone such annexed territory consistent with the public health, safety, convenience and welfare of the inhabitants of the city.

(Code 1986, § 25-4)

In order to regulate and restrict the location and use of buildings and land for commerce, residence and other purposes, and to regulate and restrict the height of buildings and size of yards and open spaces and the density of habitation the city is hereby divided into districts of which there shall be 21 in number known as:

Agricultural district (AG)

Residential estate district (R-E)

Residential estate district (R-E-1)

Residential district (R-1 medium density)

Residential district (R-2 medium density)

Residential district (R low density)

Residential district (R-3 two-family density)

Residential district (R-T multifamily)

Residential district (R-H retirement housing)

Neighborhood commercial district (C-1)

General commercial district (C-2)

Shopping center district (SC-1)

Office district (O)

Office district (O-51)

Office district (O-C office campus)

Office district (O-T office technology)

Old Germantown district (OG)

Old Germantown district (OG-1)

Smart growth suburban (T-3)

Smart growth general urban (T-4)

Smart growth urban restricted (T-4R)

Smart growth urban center (T-5)

Smart growth urban center restricted (T-5R)

Smart growth urban core (T-6)

In addition, the following overlay districts shall further regulate and restrict the location and use of buildings and land for commerce, residence and other purposes, and to regulate and restrict the height of buildings and size of yards and open spaces and the density of habitation the city:

Planned Development (PD)

Flood district (F and FW)

(Code 1986, § 25-5; Ord. No. 2008-7, 8-25-08; Ord. No. 2024-16, (Att.), 10-18-24)

In case of conflict between separate provisions of this chapter or between this chapter and the whole or part of any existing or future ordinance of the city, the most restrictive shall apply.

(Code 1986, § 25-6)