Mount Juliet City Zoning Code

ARTICLE III

USE REGULATIONS

Sec. 3-101.- Use classification.

The use regulations of the zoning districts are based on the following use classification system:

3-101.1 Purpose and intent. The purpose of these provisions is to classify uses of land into a number of specially defined activity types on the basis of common functional characteristics and similar compatibility with other uses, thereby providing a basis for regulation of uses in accordance with criteria that are directly relevant to the public interest. These provisions shall apply throughout this ordinance.

3-101.2 Classification of principal uses. The following rules shall apply where a single lot contains activities that resemble two or more different activity types that are not classified as accessory activities:

Classification of each establishment. The principal activities conducted on a single lot by each individual establishment, management, or institution shall be classified separately.

Classification of major classes of activities. If the principal activities conducted on a single lot by a single establishment, management, or institution resemble two or more different major classes of activities, to wit, residential, community facilities, commercial, manufacturing, or agricultural and extractive activities, the principal activities of each major class shall be classified separately.

Classification of multiple activity types. If principal activities conducted on a single lot by a single establishment, management, or institution resemble two or more activity types within the same major class of activities, all such principal activities shall be classified in the activity type within said class the description of which type most closely portrays the overall nature of such activities. However, when activity types have any characteristics of group assembly and commercial outdoor recreation; community assembly; extensive impact facilities; outside material and equipment sales and repair yards; restaurant; fast food; Warehousing goods, transport and storage; hazardous manufacturing or mining and quarrying, all principal activities within the same major class of activities as any of such types shall be classified within that one of such types the description of which most closely portrays said principal activities; except that all such commercial activities shall be classified within the scrap operation activity type if they have any of its characteristics.

(Ord. of 10-23-2009, § 3-101)

Sec. 3-102. - Listing of activity types.

All activities are hereby classified into the following types:

Residential activities.

Permanent

Semi-transient

Community facility activities.

Administrative services

Child care facilities

Community assembly

Cultural and recreational services

Educational facilities

Essential public transport, communication and utility services

Extensive impact facilities

Health care facilities

Intermediate impact facilities

Religious assembly facilities

Special institutional care facilities

Special personal and group care facilities

Waste disposal operations

Commercial activities.

Adult entertainment businesses

Adult oriented businesses

Animal care and veterinary services

Automotive parking

Automotive and marine craft sales, service and repair

Banking, financial, insurance and real estate services

Convenience retail sales and services

Entertainment and amusement services—limited

General business and communication services

General retail sales and services

Group assembly and commercial outdoor recreation

Outside material and equipment sales and repair yards

Professional services, medical

Professional services, nonmedical

Restaurant, full-service

Restaurant, take-out

Scrap operations

Self service storage

Transient habitation

Warehousing goods, transport and storage

Wholesale sales

Manufacturing activities.

Manufacturing, basic industry

Manufacturing, general

Manufacturing, hazardous operations

Manufacturing, limited

Agricultural and extractive activities.

Agriculture, general

Agriculture, intensive

Agricultural services

Mining and quarrying

Plant and forest nurseries

Note— Vacant land, itself, shall not constitute an activity type.

(Ord. of 10-23-2009, § 3-102; Ord. No. 2013-70, § 3, 10-14-2013; Ord. No. 2019-6, § 2, 4-8-2019; Ord. No. 2020-19, § 1, 5-29-2020)

Sec. 3-103. - Detailed activity listing.

3-103.1 Residential activities—Class and types.

Activity type—Permanent residential activities.

Intent and limitations. This grouping is intended to include permanent residential activities which involve occupancy of a dwelling unit as defined by this ordinance. This form of occupancy shall not be construed to include:

Institutional living arrangements involving provision of special care or forced residence, such as nursing homes, convalescent homes, rest homes, orphanages, asylums, and prisons;

ii.

Transient accommodations such as transient hotels, motels, tourist homes, or similar establishments;

iii.

Dormitories, nurses' residences, fraternity or sorority houses, monasteries or convents or similar establishments containing group living or sleeping accommodations; or

iv.

In a building with mixed use occupancy, that part of the building used for any nonresidential uses, excepting accessory residential uses.

Use listing. The following dwelling unit types, as defined by this ordinance, are considered as permanent residential activities when located within any district. However, only those dwelling unit types as indicated by individual district regulations may be permitted therein.

Single-family dwelling

Duplex dwelling

Multifamily dwelling

Manufactured home dwelling

Activity type—Semi-transient residential activities. This grouping is intended to include residential activities which are semi-transient in nature and involve occupancy of a rooming unit as defined by this ordinance. This form of occupancy shall not be construed to include:

Intent and limitations. Institutional living arrangements involving provision of special care or forced residence, such as nursing homes, convalescent homes, rest homes, orphanages, asylums, and prisons; or in any building with mixed use occupancy, that part of the building used for any nonresidential uses, excepting accessory residential uses.

Use listing. A general term "lodginghouse" is included within this ordinance to describe a group of residential uses considered semi-transient in nature when they meet the general limitations of rooming units (as defined by this ordinance). The term lodginghouse is intended to include, subject to the general limitations for semi-transient residential activities, the following residential types:

Apartment hotel

Boardinghouse

Roominghouse

Residential hotel

Activity type—Mixed use development.

Intent and limitations. This grouping is intended to include mixed use developments and buildings as allowed in the Commercial Mixed Use (CMU) and Commercial Town Center (CTC) zoning districts.

Use listing.

Mixed-use building

Mixed-use site

3-103.2 Community facilities activities—Class and types.

Activity type—Administrative services.

Intent and limitations. This grouping is intended to include the activities typically performed by public, utility and private nonprofit administrative offices.

Use listing.

City, county, state and federal offices

Civil defense facilities

Court buildings

Fire department facilities

Police department facilities

Post offices

Activity type—Child care facilities.

Intent and limitations. This grouping is intended to include licensed establishments wherein an agency, person or persons regularly provide nonmedical care for a group of five or more children for periods of less than 24 hours a day.

Use listing.

Child care center

Family child care home

Group child care home

Activity type—Community assembly.

Intent and limitations. This grouping is intended to include a broad range of facilities utilized as public gathering places in conjunction with various social and recreational events. This grouping is not intended to include facilities primarily utilized for profit, nor is it to include any facility which has the characteristics associated with extensive impact community facilities.

Use listing.

Civic, social, fraternal, and philanthropic associations

Private (nonprofit) clubs, lodges, meeting halls, and recreation centers

Temporary nonprofit festivals

Activity type—Cultural and recreational services

Intent and limitations. This grouping is intended to include services and facilities of a cultural or recreational nature which are either owned by, or operated for the use and enjoyment of, the general public. The grouping is not intended to include entertainment and amusement facilities which are operated by private persons as profit making ventures.

Use listing.

Art galleries (noncommercial)

Athletic associations

Libraries

Museums

Parks, playgrounds and playfields

Planetariums and aquariums

Recreational centers and gymnasiums (public nonprofit)

Swimming pools and beaches

Yachting clubs (private)

Zoological and botanical gardens (noncommercial)

Activity type—Educational facilities.

Intent and limitations. This grouping is intended to include services and facilities typically performed by public, parochial and private nursery schools, kindergartens, primary and secondary schools. The grouping is not intended to include special training and schooling services offered by private individuals for profit or technical schools, colleges and universities.

Use listing.

Public, parochial and private kindergartens

Primary and secondary schools

Activity type—Essential public transport, communication and utility services.

Intent and limitations. This grouping is intended to include facilities necessary and incidental to the operation of transport, communication, and utility services. The grouping is not intended to include major transport terminals or utility production and processing facilities.

Use listing.

Electrical and gas substations

Gas, electric and water distribution lines and pumping facilities for water and sewer systems

Rights-of-way for all modes of transportation

Sewage collection lines

Activity type—Extensive impact facilities.

Intent and limitations. This grouping is intended to include public activities and facilities which have a high degree of impact upon surrounding land uses due to hazards, and nuisance characteristics, traffic generation and parking requirements.

Use listing.

Airports, air cargo terminals, heliports, helistops or any other aeronautical device

Electricity generating facilities

Major petroleum and natural gas transmission lines and facilities

Marine terminals

Military bases or reservations

Railroad, bus and transit terminals

Railroad yards and other transportation

Equipment marshaling and storage yards

Water and sewage treatment plants

Activity type—Health care facilities.

Intent and limitations. This grouping is intended to include medical and other health care facilities which are required for promotion and protection of public health and safety. This grouping is not intended to include the offices, clinics, laboratories, etc., of private physicians or of other health care professionals.

Use listing.

Center for observation and rehabilitation

Hospitals

Medical clinics (excluding substance control facilities)

Activity type—Intermediate impact facilities.

Intent and limitations. This grouping is intended to include a broad range of public and private activities that have a significant effect upon surrounding land uses due to their traffic generation characteristics, parking requirements, land requirements, or potential nuisances associated with such uses.

Use listing.

Cemeteries, columbariums and mausoleums

Colleges, junior colleges and universities, but excluding profit-making business schools

Commercial boat docks, marinas and yacht clubs

Electrical and gas substations

Funeral homes/funeral parlors

Golf courses

Major mail processing centers

Radio, telephone, television towers and transmission facilities

Water storage facilities

10.

Activity type—Religious assembly facilities.

Intent and limitations. This grouping is intended to include facilities utilized by various religious organizations for worship or community service functions including child care facilities and parents day out. The grouping is not intended to include facilities which primarily function to produce products, including printed matter, for sale or general distribution to groups other than the immediate membership of the organization located upon the same zone lot nor is it intended to include school facilities providing primary or secondary education.

Use listing.

Chapels

Churches

Convents and monasteries

Sanctuaries

Synagogues

Temples

11.

Activity type—Special institutional care facilities.

Intent and limitations. This grouping is intended to include facilities that involve forced residency, fulltime supervision and/or walk-in care for:

(1)

Individuals legally confined due to violations of law;

(2)

Individuals who are addicted to drugs and/or alcohol; and

(3)

Individuals who are mentally ill, including the criminally dangerous.

Use listing.

Detention and/or correctional institutions

Drug and alcohol rehabilitation facilities

Halfway houses (serving convicted felons or recovering substance abusers)

Institutional care facilities: (including all types of asylums for the psychotic or insane)

Substance control centers (serving recovering substance abusers)

12.

Activity type—Special personal and group care facilities.

Intent and limitations. This grouping is intended to include a wide variety of facilities for persons who have need of special care or supervision when such care or supervision is provided in a group environment where meals are provided in a shared dining facility. This grouping is not intended to include facilities which involve independent living arrangements in "dwelling units" as defined by this ordinance regardless of the level of care provided. The grouping does not include facilities primarily oriented to provision of surgical or emergency medical care nor is it to include facilities for delinquent minors, the criminally dangerous, the addicted and/or mentally ill individuals.

Use listing.

Assisted living facilities for elderly or handicapped persons

Convalescent homes

Day care facilities for elderly persons

Family care facilities

Group care facilities

Nursing homes

Retirement or rest homes

Note—See definition of the term "family" for exemptions to these provisions granted by Title VIII, of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.

13.

Waste disposal operations.

Intent and limitations. This grouping is intended to include operations engaged in storage, hauling and ultimate disposal of waste products. The grouping does not include operations involved in storage, processing and shipping of scrap materials for recycling or reuse except when such materials are classified as hazardous or include activities that may present serious hazards to human life and health. The grouping does include all operations engaged in disposal of solid waste as defined in section 68-211-103, Tennessee Code.

Use listing.

Hazardous waste disposal

Medical waste disposal

Radioactive waste processing, storage and disposal

Solid waste landfills

Solid waste processing and recycling

Waste incinerators, including hospital and medical waste

3-103.3 Commercial activities—Class and types.

Activity type—Adult entertainment businesses.

Intent and limitations. This grouping is intended to include all "adult oriented businesses and activities" as defined by this ordinance. This grouping includes all facilities wherein material is presented, sold, distributed, or exhibited and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined by this ordinance for observation by patrons therein.

Use listing.

Adult arcade

Adult bookstore

Adult club

Adult mini-motion picture theater

Adult motion picture theater

Adult store

Tattoo and body piercing establishment

Activity type—Animal care and veterinary services.

Intent and limitations. This grouping is intended to include the activities or facilities utilized by veterinarians in the care of small domestic pets. The grouping is not intended to include facilities or services for on-site treatment of large farm animals. (See Agricultural Services.)

Use listing.

Veterinary clinics

Kennels

Activity type—Automotive parking.

Intent and limitations. This grouping is intended to include facilities for parking and/or storage of operative automotive vehicles. The grouping is not intended to include the storage of junk or scrap or inoperative vehicles of any type.

Use listing.

Auto parking lots

Parking garages

Activity type—Automotive and marine craft sales, service and repair.

Intent and limitations. This grouping is intended to include retail dealers selling new and used automobiles, boats, recreational vehicles, utility trailers and motorcycles. Repair shops and parts sales facilities are to be included, to the extent that such facilities are oriented to servicing or repair of vehicles. The grouping is not intended to include automotive distributors, the greater part of whose sales are to dealers or to institutional or industrial users. (See Wholesale sales.)

Use listing.

Auto dealers

Auto and home supply stores

Auto body repair/paint shops

Auto repair services

Auto towing services

Boat dealers

Carwashes

Motorcycle dealers

Radiator and muffler shops

Recreational and utility vehicle sales, service and storage

Tire sales retreading and repair shops

Activity type—Banking, financial, insurance and real estate services.

Intent and limitations. This grouping is intended to include firms engaged in the provision of financial, insurance and real estate brokerage services, as well as advice, information, or consultations of a professional nature (other than those classified as community facility activities, medical and professional service, or business and communication services). The grouping also includes executive management, or administrative activities of private, profit oriented firms, but excludes the sale and/or storage of goods or chattel, unless, otherwise, permitted by this ordinance.

Use listing.

Agricultural credit institution

Banking and bank-related functions

Credit unions

Holding and investment organizations

Installment sales finance companies

Insurance carriers, agents, brokers and service

Money management and investment offices

Real estate brokers, managers and appraisers

Rediscount and financing institutions for credit agencies other than banks

Savings and loan associations

Securities commodities, brokers, dealers and exchanges

Title offices

Pawn shops

Payday and title pledge establishments

Activity type—Convenience retail sales and services.

Intent and limitations. This grouping is intended to include firms engaged in the retail sale, from the premises, of goods and services which are needed immediately and often and which are purchased where it is most convenient for the shopper, as well as the provision of personal convenience services which are typically needed frequently and recurrently. (Individual establishments are limited to a gross floor area of 5,000 square feet, or as otherwise specified herein.)

Use listing.

Bakeries

Barbershops

Beauty shops

Candy, nut and confectionery stores

Convenience markets

Dairy products stores

Drug stores

Fruit stores

Gasoline service stations

Hardware stores

Health spas

Laundry, cleaning and garment services

Meat and fish markets

Newsstands

Shoe repair shops

Retail Liquor Stores (Minimum 3,000 square feet to Maximum 10,000 square feet sales floor area)

Vegetable markets

Activity type—Entertainment and amusement services-limited.

Intent and limitations. This grouping is intended to include establishments engaged in providing amusement or entertainment to groups of assembled spectators and/or participants for payment of a fee or admission charge.

Use listing.

Art galleries, commercial

Bowling alleys and billiard parlors

Coin operated amusement arcades

Dance studios and schools

Exhibition halls and commercial auditoriums

Fitness centers and reducing salons

Gardens (botanical and zoological)

Karate schools

Motion picture theaters

Recording and television production studios

Theaters, legitimate

Theatrical producers, bands, orchestras and entertainers

Video game arcades

Activity type—General business and communication service.

Intent and limitations. This grouping is intended to include firms engaged in the provision of services of a clerical, goods brokerage and communications of a minor processing nature.

Use listing.

Advertising agencies and services

Commercial cleaning services

Commercial testing laboratories

Communications services:

Radio and television broadcasting studios

Telegraph offices and message centers

Telephone exchanges

Television and recording production studios

Computer and data processing services

Credit reporting, adjustment and collection agencies

Detective agencies and protective services

Drafting services

Employment, personnel and temporary help services

Exterminating services

Interior decorator and consulting services

Mailing, reproduction and commercial art services

Management, consulting and public relations services

Membership organizations:

Automobile clubs

Better business bureaus

Chapter of commerce

Labor unions

Photo finishing services

Political organizations

Professional associations

News syndicates

Research and development laboratories

Trading stamp services

Travel agencies

Activity type—General retail sales and services.

Intent and limitations. This grouping is intended to include the retail sale or rental from the premises, primarily for personal or household use, of goods and/or services; but excluding goods and services listed under the other activity types.

Use listing.

Antique and secondhand merchandise stores

Book and stationery stores

Camera stores

Children's and infants' stores

Department stores

Drapery, curtain and upholstery stores

Family clothing stores

Floor covering stores

Florists

Furniture stores

Furriers and fur shops

Gift shops

Grocery stores (shall have a minimum of 20,000 square feet in sales floor area)

Hardware stores

Hobby, toy and game stores

Household appliance stores

Jewelry stores

Luggage shops

Miscellaneous apparel and accessory stores:

Bathing suit stores

Custom tailors

Shirt shops

Sports apparel stores

Uniform stores

Miscellaneous general merchandise stores:

Direct selling organizations

Mail order houses

Miscellaneous home furnishings stores:

Bedding and linen stores

cookware stores

Cutlery stores

Glassware and china shops

Lamp and shade shops

Paint and wallpaper stores

Music stores

Newsstands

Proprietary stores

Radio and television stores

Sewing and piece goods stores

Shoe stores

Sporting goods stores

Tobacco stores

Variety stores

Women's accessory and specialty stores

Women's ready-to-wear store

10.

Activity type—Group assembly and commercial outdoor recreation facilities.

Intent and limitations. This grouping is intended to include the provision of cultural, entertainment, educational and athletic services, other than those classified as community facilities, to large groups (500 or more) assembled spectators and/or participants.

Use listing.

Amusement parks and fairgrounds

Commercial campgrounds

Commercial sporting facilities:

Golf courses and driving ranges

Riding stables

Skating facilities

Swimming pools and beaches

Commercial resorts

Commercial sports arenas and playing fields

Drag strips

Marinas, boat docks and boat rental

Racetracks (auto, motorcycle, dog and horse)

11.

Activity type—Outside material and equipment sales and repair yards.

Intent and limitations. This grouping is intended to include establishments engaged in the retail and wholesale sale and storage of bulk materials and heavy equipment where operations require open storage and display.

Use listing.

Construction equipment sales

Contractors storage yards

Farm equipment sales and service

Feed milling and sales

Heating, plumbing and electrical suppliers

Highway and street construction contractors

Lumber and other building material dealers

12.

Activity type—Professional services, medical.

Intent and limitations. This grouping is intended to include establishments primarily engaged in providing medical, dental and other health services to individuals. The grouping is limited and does not include the broad ranging services provided at general health care facilities such as hospitals.

Use listing.

Blood banks

Chiropractors' offices

Dental offices and laboratories

Limited outpatient medical service facilities

Medical laboratories

Optometrists

Physicians' offices and clinics (outpatient services)

Psychologists and psychotherapists

13.

Activity type—Professional services, nonmedical.

Intent and limitations. This grouping is intended to include a broad listing of generally recognized professions, other than medicine, which are compatible with one another and tend to exert similar impacts upon their surroundings.

Use listing.

Accounting, auditing and bookkeeping services

Artists' studios

Attorneys and law offices

Consulting scientists

Educational and scientific research services

Engineering and architectural services

Songwriters and music arrangers

Writers and lecturers

Commercial testing laboratories

14.

Activity type—Restaurant, full service.

Intent and limitations. This grouping is intended to include establishments where the principal business is the sale of food and beverages in a ready-to-consume state and where the design or principal method of operation consists of one or more of the following:

A sitdown restaurant where customers, normally provided with an individual menu, are generally served food and beverages in nondisposable containers by a restaurant employee at the same table or counter at which said items are consumed; or

ii.

A cafeteria or cafeteria-type operation where foods and beverages generally are served in nondisposable containers and consumed within the restaurant; or

iii.

Small specialty restaurants having floor area exclusively within a shopping or office center, sharing common parking facilities with other businesses within the center and having access to a common interior pedestrian access way.

This activity may include the on-premise[s] sale, service and consumption of alcoholic beverages as an accessory and secondary use, but excludes any service to a customer in a motor vehicle.

Use listing.

Cafes

Cafeterias

Restaurants

Taverns

15.

Activity type—Restaurant, take-out.

Intent and limitations. This grouping is intended to include food service establishments where the principal business is the sale of food and nonalcoholic beverages to the customer in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers and where food and beverages may be served directly to the customer in a motor vehicle.

Use listing.

Drive-in restaurants

Fast food Restaurants

16.

Activity type—Scrap operations.

Intent and limitations. This grouping is intended to include firms engaged in storage or sale, from the premises, of used or waste material or other items, except when such activities involve goods or materials that may present serious hazards to human life and health, are incidental to a manufacturing operations classified as "hazardous operations" or are classified as toxic or hazardous materials. (See Manufacturing-hazardous operations for storage of material that may present serious hazards to human life and health.)

Use listing.

Automobile junkyard

Recycling firms

Salvage establishments

Waste transfer stations

17.

Activity type—Self-service storage facilities.

Intent and limitations. This grouping is intended to include all self-storage facilities as defined by this ordinance. The grouping shall not include storage or transport of goods or materials that may present serious hazards to human life and health. (See manufacturing-hazardous operations for storage of goods that may present serious hazards to human life and health.)

Use listing.

Self-service storage facilities

18.

Activity type—Transient habitation.

Intent and limitations. This grouping is intended to include commercial and institutional establishments engaged in furnishing temporary living accommodations, including lodging and/or meals on a fee basis. Included within this grouping are all facilities where 30 percent or more of the living units located on the same zone lot and held under the same ownership are being occupied on a less than monthly basis.

Use listing.

Hotels, motels

Tourist homes or courts

Sporting and recreational vehicle camps

19.

Activity type—Warehousing goods, transport and storage.

Intent and limitations. This grouping is intended to include establishments and facilities associated with the commercial warehousing, storage and transport of goods. The grouping does not include "self-storage facilities" as defined and regulated by this ordinance nor does it include storage or transport of goods or materials that may present serious hazards to human life and health. (See manufacturing-hazardous operations for storage of goods that may present serious hazards to human life and health.)

Use listing.

Freight forwarders

General warehousing

Household goods storage

Local and long distance trucking terminals

Packing and crating services

Refrigerated warehousing

Truck terminals and freight handling

20.

Activity type—Wholesale sales.

Intent and limitations. This grouping includes the storage and sale from the premises of goods, to other firms for resale, as well as storage of goods and their transfer to retail outlets. This grouping is not intended to include establishments and facilities associated with the commercial warehousing, storage and transport of goods that may present serious hazards to human life and health. (See Manufacturing-hazardous operations for storage of goods that may present serious hazards to human life and health.)

Use listings.

Apparel, piece goods and notions

Beer, wine and distilled alcoholic beverages

Chemicals and allied products

Drugs, drug proprietaries and sundries

Electrical goods and appliances

Farm products raw materials

Farm supplies

Furniture and home furnishings

Groceries and related products

Hardware, plumbing and heating equipment, and supplies

Metals and minerals

Motor vehicles, vehicle parts and supplies

Paints, varnishes and supplies

Paper and paper products

Petroleum and petroleum products

Sporting, recreational, photographic and hobby goods

Tobacco and tobacco products

3-103.4 Manufacturing activities—Class and types.

Activity type—Manufacturing, limited.

Intent and limitations. This grouping is intended to include manufacturing operations which involve compounding, processing, assembling, packaging treatment or fabrication of materials necessary to create the following products:

Apparel accessories, such as hats, jewelry and umbrellas

Art objects

Bakery goods

Beverages

Dairy products

Instruments for scientific, medical, dental, engineering and other professional purposes

Printed matter

Signs

Note— No activity included within this grouping shall involve the outside storage of any amount of raw material or finished goods.

Use listing. In addition to the manufacturing of the above products the following activities and operations are held to be limited manufacturing activity:

Bookbinding

Brewery

Candlemaking

Data processing service

Microbrewery

Photocopying

Photoengraving

Precision machining of dies, jigs and fixtures

Printing

Publishing

Record pressing

Upholstering

Activity type—Manufacturing, basic industry.

Intent and limitations. This grouping is intended to include firms engaged in conversion, processing and storage of extracted or raw materials, or in the use and/or storage of flammable or explosive materials, or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions, other than those classified as hazardous operations. The grouping includes activities engaged in the following operations as well as the storage, manufacture, compounding, or treatment of the materials indicated:

Asphaltic cement and concrete batching

Cotton seed oil

Fat rendering

Fuel production, refining and bulk storage

Organic fertilizers

Smelting and refining of metals

Wood pulp

Use listing. Subject to the general intent and limitations set out above for this use grouping the following manufacturing activities and operations shall be considered basic manufacturing:

Abrasive and nonmetallic mineral processing

Asphaltic cement plants

Bulk fuel storage, processing and distribution

Cement and/or concrete plants

Coal yards

Cotton ginning

Crematories

Fat rendering

Foundries

Grain milling

Ore reduction

Offal processing

Pulp manufacturing

Slaughterhouses

Steel works and metal smelting

Tanneries

Activity type—Manufacturing, general.

Intent and limitations. This grouping is intended to include a broad range of operations which includes assembling, manufacturing and fabricating. The grouping does not include those activities engaged in operations classified as basic industry or hazardous operations.

Use listing. Subject to the general intent and limitations set out above for this use grouping manufacturing activities and operations, except those classified as basic industry or hazardous operations shall be classified as general manufacturing operations.

Activity type—Manufacturing, hazardous operations.

Intent and limitations. This grouping is intended to include all manufacturing and storage operations and facilities that may present serious hazards to human life and health. The use listing presented within this grouping is intended to be illustrative of the type operations included within this activity type and is not intended to be inclusive of all operations which may be considered as hazardous. The grouping is specifically intended to include operations engaged in storage of, as well as manufacturing operations involving the use of substances that may present serious hazards to human life and health. In any instance where the nature of operations or of materials utilized in such operations can be substantiated as presenting serious hazards to human life and health, such activities shall be classified as hazardous operations.

Use listing.

Arsenals

Atomic reactors

Explosives and fireworks manufacture and storage

3-103.5 Agricultural and extractive activities—Class and types.

Activity type—Agriculture, general.

Intent and limitations. This grouping is intended to include the raising of tree, vine, field, forage and other plant crops intended to provide food or fiber, as well as keeping, grazing or feeding animals for animal products, animal increase or value increase.

Use listing.

Animal raising

Food crop production

Activity type—Agriculture, intensive.

Intent and limitations. This grouping is intended to include feedlots, dairy farms and egg production operations covered under provisions of sections 48-18-101 through 48-18-104, Tennessee Code, where animals are tightly confined in buildings or outdoor pens including facilities for the processing, packaging, or treatment of agricultural products.

Use listing.

Dairy farms

Egg production operations

Feedlots

Activity type—Agricultural dervices.

Intent and limitations. This grouping is intended to include a variety of service functions that are directly linked to the agricultural activities that these functions support.

Use listing.

Crop drying, storage and processing services

Crop planting, cultivating and protection services

Horticultural and soil preparation services

Veterinary services for livestock

Activity type—Mining and quarrying.

Intent and limitations. This grouping is intended to include operations and facilities either utilized by, or in support of the extraction of minerals, ores, petroleum and natural gas or in the quarrying and collection of stone, sand and gravel, clay and other nonmetallic minerals (such as phosphate rock).

Use listing.

Borrow pits involving soil extraction for off-site use

Chemical fertilizer and nonmetallic mineral mining

Clay, ceramic and refractory minerals mining

Coal mining

Crude petroleum and natural gas production

Metal ore and mineral mining

Sand and gravel quarrying

Stone quarrying

Metal ore and mineral mining

Sand and gravel quarrying

Stone quarrying

Activity type—Plant and forest nurseries.

Intent and limitations. This grouping is intended to include the cultivation for sale of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental, landscaping, or tree planting purposes.

Use listing.

Forest nursery

Plant nursery

(Ord. of 10-23-2009, § 3-103; Ord. No. 2010-37, § 1, 7-12-2010; Ord. No. 2013-3, § 2, 1-14-2013; Ord. No. 2013-17, § 2, 2-11-2013; Ord. No. 2013-26, § 1, 2-25-2013; Ord. No. 2013-53, § 1, 7-8-2013; Ord. No. 2013-70, § 4, 10-14-2013; Ord. No. 2014-31, § 1, 4-14-2014; Ord. No. 2014-42, 6-9-2014; Ord. No. 2015-41, § 1, 9-14-2015; Ord. No. 2016-36, § 1, 7-11-2016; Ord. No. 2019-6, § 3, 4-8-2019; Ord. No. 2020-19, § 1, 5-29-2020; Ord. No. 2023-47, 11-13-2023; Ord. No. 2024-44, 10-28-2024)

Sec. 3-104. - Supplementary use regulations.

3-104.1 General[ly]. In addition to the bulk, parking, landscaping and other regulatory provisions of this ordinance, supplemental development standards are required for specific land uses when located in certain zone districts. These development standards are necessary because certain uses may tend to dominate or adversely affect the area more than other uses permitted within the same zone district due to large land area, unique operating, traffic generating or other characteristics. The land use tables for the zoning districts reference those uses and activities which must comply with supplemental development standards as:

SUP: Principal use permitted with supplemental provisions

C: Conditional use (subject to approval by the Board of [Zoning] Appeals)

ASP: Accessory use permitted with supplemental provisions

The community service or institutional nature of these activities makes it necessary that they be located within areas where the potential exists for the use to be incompatible. A distinction is made between those uses and activities which involve relatively minor and predictable impacts and those uses which have impacts that cannot be satisfactorily predetermined for every possible location within a zone district. Uses with relatively minor, predictable impacts are indicated with the designation (SUP). These uses may be approved by the Zoning Administrator upon a demonstration that the established conditions can be met. The second category involve "Conditional uses" (C) which are permitted only upon approval by the Board of [Zoning] Appeals. The last category involves certain uses which are incidental to the operation and enjoyment of other principal land uses but remain appropriate only when certain standards are applied to limit their scope. These are designated as "Accessory uses permitted with supplemental provisions (ASP)."

The supplementary use regulations appearing within this section shall apply to new uses and to existing uses as set out in subsections 3-104.2 and 3-104.3.

3-104.2 Application to new uses. No zoning permit shall be issued for the use of any building or land, where such use was not established prior to adoption of this ordinance, unless the activity is in compliance with all supplementary use regulations specified for such activity within this article.

3-104.3 Application to existing uses. Where any use of a building or land was established prior to adoption of this ordinance, such activity may be continued or expanded according to the provisions of article XIII of this ordinance; provided, however, that any expansion of such activity shall comply as fully as possible with the supplementary use regulations specified for such activity within this section.

3-104.4 Plans required.

Principal uses permitted with supplemental provisions. Prior to establishing or expanding any use or activity classified as a principal use permitted with supplemental provisions (SUP) the Zoning Administrator shall have determined that such use complies with all applicable standards established for such use in this ordinance and, in any instance where either new construction or exterior modifications to an existing structure is to be undertaken in conjunction with the establishment of such use or activity, a site plan meeting the specifications of article XIV, subsection 14-103.2, is approved.

Conditional uses. No zoning permit shall be issued for any use or activity classified as a conditional (C) use until such use is approved by the Zoning Board of [Zoning] Appeals and, in any instance where either new construction or exterior modifications to an existing structure is to be undertaken in conjunction with the establishment of such use or activity, a site plan meeting the specifications of article XIV, subsection 14-103.2, is approved.

3-104.5 Provisions applicable to residential activities.

Single-family and duplex dwellings. When a single-family or duplex dwelling is located within variable lot size residential development (VLRD) the supplemental development standards of article V, subsection 5-104.3, shall apply to such use.

Manufactured home dwelling. When a manufactured home is located within a Manufactured Home Park (MHP) District, the supplemental development standards of article V, subsection 5-104.2, shall apply to such use.

Multifamily dwelling. When a multifamily dwelling is located within a complex of two or more buildings on a zone lot or portion of a zone lot, the supplemental development standards of article V, subsection 5-104.1, shall apply to such use.

Attached dwellings. All attached dwellings shall comply with the supplemental development standards of article V, subsection 5-104.4

3-104.6 Provisions applicable to community facility activities.

Child care facilities. In all districts where authorized as either a use permitted with supplemental provisions (SUP) or a conditional (C) use, the following supplementary regulations shall apply to uses classified in the child care facilities activity type:

Child care home, family.

All state and local licensing and code requirements including those pertaining to building, fire safety and health shall be met to the satisfaction of the approving agency at all times during operation of the facility.

ii.

Lot size, building coverage and setback provisions shall conform to those applicable to residential uses located within the zoning district.

iii.

One off-street parking space shall be provided for each nonresident or nonfamily member employee in addition to the spaces required for the dwelling. The residential driveway is acceptable for this purpose.

iv.

An off-street drop-off/pick-up area shall be provided.

Signage shall conform to the provisions of article XI.

vi.

No structural or exterior decorative alteration that will alter the character of an existing residential structure or be incompatible with surrounding residences may be permitted. (Note: This provision shall not be construed as prohibiting alterations necessary to ensure the safety of the structure for its intended use.)

vii.

An outside play area of sufficient size to meet the minimum requirements established by the Tennessee Department of Human Services shall be provided. This area shall be fenced and shall be located within portions of the lot other than that utilized for a septic disposal field or any portion of the lot existing from the street line to a line drawn parallel to the front wall of the dwelling extending from one side lot line to the other.

Child care home, group.

ii.

iii.

An off-street drop-off/pick-up area shall be provided.

iv.

Signage shall conform to the provisions of article XI.

No exterior alterations, other than those necessary to ensure the safety of the structure for its intended use shall be made to any group care home that is occupied as a dwelling. Minimal outward modifications may be made to the structure or grounds of group care homes whose principal use is as a child care facility (and not a residence) only if such changes are compatible with the character of the neighborhood or area and with the intent of the zoning district in which the use is located.

vi.

The Board may limit either interior or exterior modifications of any structure built as a dwelling to those which would not hamper reconversion to its original state upon cessation of the child care operation.

vii.

viii.

Fencing shall be provided which is adequate for the protection and safety of children being served by the group care facility.

ix.

Screening may be required which is adequate to protect abutting properties.

Any child care facility which upon passage of this ordinance does not comply with one or more of the provisions set forth above may continue to operate and to serve the number of children for which such facility is licensed by the State of Tennessee. No such facility shall be permitted to expand or to serve a greater number of children until the facility is brought into compliance with these provisions.

Child care centers. In any instance where a child care center is proposed as a principal use or activity such may be permitted subject to compliance with the criteria set out below. A child care center, if sited on the premises of an operating community service activity such as, but not limited to, a private or public school, place of worship, community center or library and is associated with that activity, shall be considered accessory to the principal use of the property concerned and no independent permitting process shall be required. However, prior to issuance of any building permit, it shall be demonstrated to the satisfaction of the Zoning Administrator that the child care center meets or exceeds the design criteria and operational standards set forth below:

ii.

No child care center shall be located in any private family residence unless the portion of the residence where the children have access is used exclusively for children during the hours the center is in operation and is separate from the usual living quarters of the family.

iii.

At least one off-street parking space shall be provided for each on-duty staff person.

iv.

Signage shall conform to the provisions of article XI, for the district wherein the use is located.

Within residential districts, no structural or exterior decorative alteration that will alter the character of an existing residential structure or be incompatible with surrounding residences may be permitted. Any new or remodeled structure shall be designed to be compatible with the residential character of the surrounding neighborhood.

vi.

vii.

An outside play area of sufficient size to meet the minimum requirements established by the Tennessee Department of Human Services shall be provided. This area shall be fenced and within residential districts shall not be located within any portion of the lot existing from the street line to a line drawn parallel to the front wall of the building extending from one side lot line to the other. No portion of the outside play area shall be at any point closer than 15 feet to any septic disposal field.

viii.

An on-site vehicle turnaround, or separate entrance and exit points and passenger loading area shall be provided.

ix.

To provide for the safe pick-up and delivery of children, an unloading zone is required. One unloading space is required for each 20 children. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area and directly in front of the facility.

Any child care centers shall be served by public sewer.

xi.

All elements of the site and structure shall, at all times, meet all building, sanitation, health, traffic safety and fire safety code requirements.

xii.

Fencing, screening and landscaping may be required to protect the area immediately surrounding the day care center.

xiii.

Any child care center which upon passage of this ordinance does not comply with one or more of the provisions set forth above may continue to operate and to serve the number of children for which such facility is licensed by the State of Tennessee. No such facility shall be permitted to expand or to serve a greater number of children until the facility is brought into compliance with these provisions.

Community assembly. In all districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the community assembly activity type:

The principal access shall be to a designated collector street or arterial street designated on the major street plan.

No such facility shall be permitted on a lot within any residential district unless it contains twice the minimum lot area requirements of the district; provided, however, that if such community assembly includes outdoor activities, the minimum lot area shall be four acres.

The use shall comply with all of the district bulk regulations, applicable off-street parking requirements and landscaping, buffering and design review standards without recourse to variances.

All public utilities including a central sewage collection and treatment system (as defined by this ordinance) shall be available to the site.

All activities shall be conducted such that no noise shall exceed the sound levels established in article XII, subsection 12-106.1.

Cultural and recreational services. In all districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the cultural and recreational services activity type:

No such activity shall be permitted on a lot, unless it contains twice the lot area requirements of the district; provided, however, that if such cultural and recreational service includes outdoor activities, the minimum lot area shall be four acres.

The use shall comply with all of the district bulk regulations, applicable off-street parking requirements and landscaping and buffering standards without recourse to variances.

All public utilities including a central sewage collection and treatment system (as defined by this ordinance) shall be available to the site.

The principal access shall be to a collector or arterial street designated on the major street plan.

Educational facilities. All uses classified in the educational facilities activity type shall be subject to the following supplementary regulations:

The Board of Zoning Appeals may grant a variance from minimum yard requirements whenever an existing structure is proposed for conversion to a community education facility.

This activity type is a permitted (P) use by right in all districts in which it is authorized only if it is located on a lot meeting the site size standards for the appropriate type school as set forth in standards established by the Tennessee Department of Education.

This activity type may be permitted on a smaller site as a conditional (C) use subject to the following provisions:

The Planning Commission shall review the master development plan and make a recommendation as to the appropriate site size and plan for the proposed school. In its review, the Planning Commission shall take into account:

(a)

Proposed enrollment levels;

(b)

Physical site characteristics, such as steeply sloped areas, areas subject to flooding, or unstable soils;

(c)

The need for buffers, such as screening, fencing, unused open spaces, and access and traffic control, to protect surrounding land use; and

(d)

Optional programmatic activities to be conducted on the site, including indoor or outdoor interscholastic competitive sports; outdoor intramural competitive sports; outdoor physical education activities requiring large land areas, such as baseball, softball, football, soccer, golf, field hockey and track and field events; marching band; outdoor concerts, assemblies and theatrical performances; vocational training facilities; and outdoor education space such as nature study areas and experimental gardens.

ii.

The minimum site sizes established below may be recommended whenever none of the optional programmatic activities are to be present on the site, no hazardous site characteristics exist and adequate buffering can be accomplished without additional land. The reduced site size shall not be less than an absolute minimum based on the following table:

Enrollment Capacity	Minimum Site Size
1—49	1.5 acres
50—99	2.0 acres
100—149	2.5 acres
150 or more	2.5 acres plus 0.5 additional acres for each 50 students or fraction thereof above 149

iii.

Any school in existence upon adoption of this ordinance shall not be subject to the land area requirements of this section, but shall be subject to all other code requirements including fire, electrical, plumbing and building codes.

Extensive impact facilities. In all districts where authorized as conditional (C) uses, the following supplementary regulations shall apply to uses classified in the extensive impact activity type:

The location, size and design of such facilities shall be such that the proposed development shall be compatible with the development within the surrounding area, thus reducing the impact upon the surrounding area.

The traffic generated by such facility shall be safely accommodated along arterial and collector streets without traversing local minor streets.

The proposed facility shall provide a basic community function or essential service necessary for a convenient and functional living environment in order to be located on the proposed site.

The off-street parking requirements shall be determined by the Board of [Zoning] Appeals.

Health care facilities. In all districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the health care activity type as indicated:

Minimum lot area.

No health clinic shall be permitted on a zone lot, unless it contains a minimum of 10,000 square feet, or twice the lot area requirements of the district, whichever is greater.

ii.

No hospital or center for observation or rehabilitation shall be permitted on a zone lot, unless it contains a minimum of five acres.

Hospitals, centers for observation or rehabilitation. The minimum side and rear yards for hospitals and centers for observation or rehabilitation shall be 50 feet for one or two story buildings, increased by five feet for each story above two.

All other regulations of the zone district shall apply.

There shall be provided along the entire site boundaries fencing, screening and landscaping as appropriate to protect any surrounding residential area.

The location and operation of such facility shall be in keeping with the character of the surrounding area and shall not have an adverse effect on the properties in the surrounding area.

All public utilities including a central sewage collection and treatment system (as defined by this ordinance) shall be available to the site.

The following activity classes and types may be permitted as accessory to the health care activities provided they appropriately complement the health care activity, will not impose an adverse impact on the surrounding land use, and be subject to all other provisions of the zoning district:

Community facility activities. All facilities.

ii.

Commercial activities.

Convenience sales and services

Automotive parking

Restaurant, sitdown

Professional services, medical

Intermediate impact facilities. In all districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the intermediate impact activity type:

The traffic generated by such facility shall be safely accommodated along major streets without traversing local minor streets.

The proposed facility shall provide a basic community function or essential service necessary for a convenient and functional living environment in order to be located on the proposed site.

The off-street parking requirements shall be determined by the Board of [Zoning] Appeals.

All communications transmitter stations, including towers and operating equipment shall adhere to the following standards:

A conditional use permit for a commercial communication tower in a residential district shall only be authorized upon a finding by the Board of Zoning Appeals that: 1) there is a significant gap in service coverage; and 2) there are no other feasible alternative locations.

ii.

All towers with a height of 150 feet or more (measured from base to top) shall be constructed utilizing a wind rating of 80 mph plus ice loading for Middle Tennessee. Each application for a building permit shall be accompanied by a certification prepared and stamped by a registered professional structural engineer that the tower in question meets this design standard.

iii.

All towers, regardless of height, may be required to utilize an Alternative tower structure meaning the tower shall be designed to look like a man-made tree, clock tower, bell steeple, steeple, light pole or other similar alternative-design, that in the opinion of the Board of Commissioners, is compatible with the natural setting and surrounding structures, and effectively camouflages or conceals the presence of antennas or towers. The Planning Commission and/or the Board of Commissioners may elect to use a conventional tower design that is not an alternative design if the conventional design is deemed more suitable for the immediate surroundings and landscape.

iv.

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures, that in the opinion of the Board of Commissioners, are compatible with the natural setting and surrounding structures, and effectively camouflage or conceal the presence of antennas or towers.

Antenna support structure means any building or structure other than a tower which can be used for location of telecommunications facilities.

Applicant means any person that applies for a tower development permit.

Application means the process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify, or erect a tower upon such parcel of land. The term "application" includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

Owner means any person with fee title or long-term (exceeding ten years) leasehold to any parcel of land within the city who desires to develop, or construct, build, modify, or erect a tower upon such parcel of land.

Person means any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.

Registered professional engineer means any engineer licensed by the state.

Stealth means any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to look other than like a tower such as light poles, power poles and trees. The term "stealth" does not necessarily exclude the use of uncamouflaged lattice, guyed or monopole tower designs.

Structural engineer means a registered professional engineer licensed by the State of Tennessee Board of Architectural and Engineering Examiners and having a specialty in structural engineering design.

Telecommunications facilities means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include.

Wireless transmission facilities shall mean the buildings, cabinets, equipment and property, including but not limited to, generating and switching stations, repeaters, cables, wires, conduits, ducts, pedestals, antennas, towers, alternative tower structures, electronics and other appurtenances used to transmit, receive, distribute, provide or offer low-power mobile voice transmission, data transmission or other wireless communications by linking a wireless network of radio wave transmitting devices through a series of short range, contiguous cells that are part of an evolving cell grid.

Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or

Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.

Tower means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" does not include amateur radio operators' equipment, as licensed by the FCC.

iv.

Findings.

The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over:

(i)

The regulation of the environmental effects of radio frequency (RF) emissions from telecommunications facilities; and

(ii)

The regulation of radio signal interference among users of the RF spectrum.

The city's regulation of towers and telecommunications facilities in the city will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act.

Purposes.

The general purpose of this article is to regulate the placement, construction, and modification of towers and telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the city.

Specifically, the purposes of this article are to:

(i)

Regulate the location of towers and telecommunications facilities in the city;

(ii)

Protect residential areas and land uses from potential adverse impact of towers and telecommunications facilities;

(iii)

Minimize adverse visual impact of towers and telecommunications facilities through careful design, sitting, landscaping and innovative camouflaging techniques;

(iv)

Promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers;

(v)

Promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities;

(vi)

Avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or are determined to be structurally unsound; and

(vii)

Ensure that towers and telecommunications facilities are compatible with surrounding land uses.

vi.

Development of towers.

A tower shall be permitted as a conditional use within residential, commercial or industrial zoned districts in accordance with tables 5-102A, 6-102A and 7-102A respectively.

No person shall build, erect, or construct a tower upon any parcel of land within any zoning district unless a development permit shall have been issued by the zoning administrator of the city. Application shall be made to the zoning administrator in the manner provided in this article.

Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of 150 feet. Towers may be permitted in excess of 150 feet in accordance with the criteria in subsection 7.e.xvii of this section.

No new tower shall be built, constructed, or erected in the city unless the tower is capable of supporting another person's operating telecommunications facilities comparable in weight, size and surface area to the telecommunications facilities installed by the applicant on the tower.

An application to develop a tower shall include:

(i)

An engineered site plan showing existing and proposed topographic features (MSL datum) for the site including existing and proposed contours, spot elevations, erosion protection and sediment control plan (EPSC), site access to a public road, the tower base, equipment sheds (total number) and fencing with a detail, landscape and screening. Sign with contact names and telephone numbers for tower owner and communications providers shall be placed on gate.

(ii)

The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is situated.

(iii)

The legal description, folio number and address of the parcel of land upon which tower is situated.

(iv)

The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-half mile radius of the proposed new tower site, including city-owned property.

(v)

A description of the design plan proposed by the applicant in the city. The applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell, cannot be utilized to accomplish the provision of the applicant's telecommunications services.

(vi)

An affidavit attesting to the fact that applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on city-owned towers or usable antenna support structures located within a one-half mile radius of the proposed tower site.

(vii)

An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or collocate the applicant's telecommunications facilities on towers of usable antenna support structures owned by other persons located within one-half mile radius of the proposed tower site.

(viii)

Written technical evidence from a qualified registered professional engineer that the proposed tower or telecommunications facilities cannot be installed or collocated on another person's tower or usable antenna support structures owned by other persons located within one-half mile radius of the proposed tower site.

(ix)

A written statement from a qualified registered professional engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and nonresidential properties.

(x)

Written, technical evidence from a qualified registered professional engineer that the proposed structure meets the standards set forth in certifications and inspections regarding structural requirements.

(xi)

Written, technical evidence from a qualified registered professional engineer acceptable to the building official that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire, or other danger to life or property due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals.

(xii)

In order to assist city staff in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the tower with a photo-realistic representation of the proposed tower as it would appear viewed from the closest residential property and from adjacent roadways.

(xiii)

The act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the city to condition or deny on the basis of RF impacts the approval of any telecommunications facility (whether mounted on towers or antenna support structures) which meet FCC standards. In order to provide information to its citizens, the city shall make available upon request copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards.

(xiv)

The development review committee may require an applicant to supplement any information that the committee considers inadequate or that the applicant has failed to supply. The committee may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection. Applications shall be reviewed by the city in a prompt manner and all decisions shall be supported in writing setting forth the reasons for denial.

vii.

Setbacks.

All towers shall be set back from all commercially and industrially zoned property lines a distance that is equal to or greater than one and one half times the height of the tower. All towers shall be set back from all residentially zoned property lines a distance that is two times the height of the tower or 200 feet, whichever is greater.

Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.

Setback requirements may be modified, as provided in subsection 7.e.xvii of this section, when placement of a tower in location which will reduce the visual impact can be accomplished. For example, adjacent to trees which may visually hide the tower.

viii.

Separation or buffer requirements. For the purpose of this section, the separation distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially zoned lands shall be measured from the base of a tower to the closest point of residentially zoned property. The minimum tower separation distances from residentially zoned land and from other towers shall be calculated and applied irrespective of city jurisdiction boundaries as follows:

Towers shall be separated from all residentially zoned lands by a minimum of 200 feet or 200 percent of the height of the proposed tower, whichever is greater.

Proposed towers must meet the following minimum separation requirements from existing towers or towers which have a development permit but are not yet constructed at the time a development permit is granted pursuant to this article:

(i)

Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of 750 feet.

(ii)

Self-supporting lattice or guyed tower structures shall be separated from all other self-supporting or guyed towers by a minimum of 1,500 feet.

(iii)

Self-supporting lattice or guyed tower structures shall be separated from all monopole towers by a minimum of 750 feet.

ix.

Method of determining tower height. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from adjacent grade.

Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300 percent of the height of the tower from the tower and when required by federal law, dual mode lighting shall be requested from the FAA.

xi.

Exterior finish.

Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, as approved by the zoning administrator.

All landscaping on a parcel of land containing towers, antenna support structures, or telecommunications facilities shall be in accordance with the applicable landscaping requirements in the zoning district where the tower, antenna support structure, or telecommunications facilities are located. The city may require landscaping in excess of the requirements in this Code in order to enhance compatibility with adjacent land uses. Landscaping shall be installed on the outside of any fencing.

xii.

Access. A parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site.

xiii.

Telecommunications facilities on antenna support structures. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 50 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the zoning administrator, establish the following at the time plans are submitted for a building permit:

That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet.

That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences, or other screening techniques approved by the city. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure.

xiv.

Modification of towers.

A tower existing prior to the effective date of the ordinance from which this article is derived, which was in compliance with the city's zoning regulations immediately prior to the effective date of the ordinance from which this article is derived, may continue in existence as a nonconforming structure. Such nonconforming structures may be modified or demolished and rebuilt without complying with any of the additional requirements of this article, except for separation or buffer requirements, certification and inspections and maintenance, provided:

(i)

The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size and surface area to the discrete operating telecommunications facilities of any person currently installed on the tower.

(ii)

An application for a development is made to the zoning administrator who shall have the authority to issue a development permit without further approval. The grant of a development permit pursuant to this section allowing the modification or demolition and rebuild of an existing nonconforming tower shall not be considered a determination that the modified or demolished and rebuilt tower is conforming.

(iii)

The height of the modified or rebuilt tower and telecommunications facilities attached thereto do not exceed the maximum height allowed under this article.

Except as provided in this section, a nonconforming structure or use may not be enlarged, increased in size, or discontinued in use for a period of more than 180 days. This article shall not be interpreted to legalize any structure or use existing at the time the ordinance from which this article is derived is adopted which structure or use is in violation of this Code prior to enactment of the ordinance from which this article is derived.

xv.

Certifications and inspections.

All towers shall be certified by a qualified structural engineer to be structurally sound and in conformance with the requirements of the standards set forth by this Code and federal and state law. For new monopole towers, such certification shall be submitted with an application pursuant to subsection (7)e.vi of this section, development of towers and every five years thereafter. For existing monopole towers, certifications shall be submitted within 60 days of the effective date of the ordinance from which this article is derived and then every five years thereafter. For new lattice or guyed towers, such certification shall be submitted with an application pursuant to subsection (7)e.vi of this section and every two years thereafter. For existing lattice or guyed towers, certification shall be submitted within 60 days of the effective date of the ordinance from which this article is derived and then every two years thereafter. The tower owner may be required by the city to submit more frequent certifications should here be reason to believe that the structural and electrical integrity of the tower is jeopardized.

The city or its agents shall have authority to enter onto the property upon which a tower is located, between the inspection and certification required in subsection (7)e.xv.A of this section, to inspect the tower for the purpose of determining whether it complies with the building code and all other construction standards provided by this Code and federal and state law.

The city reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the city shall be borne by the tower owner.

xvi.

Maintenance.

Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures an accidents which are likely to cause damage, injuries, or nuisances to the public.

Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations and in such manner that will not interfere with the use of other property.

All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel.

All towers shall maintain compliance with current RF emission standards of the FCC.

In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued.

xvii.

Criteria for site plan development modifications.

Notwithstanding the tower requirements provided in this article, a modification to the requirements may be approved by the zoning administrator in accordance with the following:

(i)

In addition to the requirements for a tower application for modification shall include the following:

A description of how the plan addresses any adverse impact that might occur as a result of approving the modification.

A description of off-site or on-site factors which mitigate any adverse impacts which might occur as a result of the modification.

A technical study that documents and supports the criteria submitted by the applicant upon which the request for modification is based. The technical study shall be certified by an engineer and shall document the existence of the facts related to the proposed modifications and its relationship to surrounding rights-of-way and properties.

For a modification of the setback requirement, the application shall identify all parcels of land where the proposed tower could be located, attempts by the applicant to contract and negotiate an agreement for collocation and the result of such attempts.

The zoning administrator may require the application to be reviewed by an independent engineer under contract to the city to determine whether the antenna study supports the basis for the modification requested. The cost of review by the city's engineer shall be reimbursed to the city by the applicant.

The zoning administrator shall consider the application for modification based on the following criteria:

(i)

That the tower as modified will be compatible with and not adversely impact the character and integrity of surrounding properties.

(ii)

Off-site or on-site conditions exist which mitigate the adverse impacts, if any, created by the modification.

(iii)

In addition, the administrator may include conditions on the site where the tower is to be located if such conditions are necessary to preserve the character and integrity of the neighborhoods affected by the proposed tower and mitigate any adverse impacts which arise in connection with the approval of the modification.

In addition to the requirements of subsection (7)e.xvii.A of this section, in the following cases, the applicant must also demonstrate, with written evidence, the following:

(i)

In the case of a requested modification to the setback requirement, subsection (7)e.vii of this section, that the setback requirement cannot be met on the parcel of land upon which the tower is proposed to be located and the alternative for the person is to locate the tower at another site which is closer in proximity to a residentially zoned land.

(ii)

In the case of a request for modification to the separation and buffer requirements from other towers in subsection (7)e.viii of this section, pertaining to separation or buffer requirements, that the proposed site is zoned I-R or I-G and the proposed site is at least double the minimum standard for separation from residentially zoned lands as provided for in subsection (7)e.viii of this section.

(iii)

In the case of a request for modification of the separation and buffer requirements from residentially zoned land in subsection (7)e.viii of this section, if the person provides written technical evidence from an engineer that the proposed tower a telecommunications facilities must be located at the proposed site in order to meet the coverage requirements of the applicant's wireless communications system and if the person is willing to create approved landscaping and other buffers to screen the tower from being visible to residentially zoned property.

In the case of a request for modification of the height limit for towers and telecommunications facilities or to the minimum height requirements for antenna support structures that the modification is necessary to:

(i)

Facilitate collocation of telecommunications facilities in order to avoid construction of a new tower; or

(ii)

To meet the coverage requirements of the applicant's wireless communication system, which requirements must be documented with written, technical evidence from a qualified registered professional engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved.

xviii.

Abandonment.

If any tower shall cease to be used for a period of 365 consecutive days, the board of commissioners shall notify the owner, with a copy to the applicant, that the site has been abandoned. The owner shall have 30 days from receipt of said notice to show, by a preponderance of the evidence that the tower has been in use or under repair during the period. If the owner fails to show that the tower has been in use or under repair during the period, the board of commissioners shall issue a final determination of abandonment for the site. Upon issuance of the final determination of abandonment, the owner shall, within 75 days, dismantle and remove the tower and associated structures.

To secure the obligation set forth in this section, the applicant and/or owner shall post a bond in the amount determined by the Board of Commissioners.

xix.

All applications for permits shall be accompanied by a determination of no hazard from the Federal Aviation Administration, as well as all required Federal Communications Commission permit information.

xx.

The entire tract containing such tower and equipment shall be enclosed with a fence no less than six feet in height. Access gates shall be locked at all times when the site is not occupied.

xxi.

Existing noncomplying telecommunications structures or other buildings. Any tower which has been constructed prior to the effective date of the ordinance from which this article is derived that does not comply with the provisions of this ordinance will be permitted to operate as a nonconforming use, notwithstanding the fact that no antennas have been located on the nonconforming tower, provided that the initial application to add antennas to the tower shall comply with the following:

The applicant shall submit the following with the application:

(i)

An as-built site survey that confirms that the tower conforms with the requirements found in subsections (7)e.vi.F(i)—(iii) and (7)e.xx of this section, and in addition shows access to at least one paved road, the distance from the tower to all property lines, measured in compliance with subsection (7)e.vii.B of this section, the distance from the tower to all residentially zoned lands, the distance from the monopole tower to any other tower or towers within 750 feet and for a self-supporting or guyed tower, the distance from a self-supporting or guyed tower to any other tower or towers within 1500 feet, the height of the existing tower measured in compliance with subsection (7)e.ix of this section, confirmation that the tower exterior is or is not of noncorrosive material and any artificial lighting on the tower;

(ii)

An engineered site plan showing any additional equipment sheds to be added to the site and any existing and proposed landscaping required to comply with subsections (7)e.xi.B;

(iii)

A written statement from a qualified registered professional engineer that confirms that the tower, as modified by the addition of the antennas proposed in the application, complies with the requirements found in subsections (7)e.vi.E, (7)e.vi.F(ix)—(xi), and (7)e.xvi.B of this section;

(iv)

A written certification from a qualified structural engineer that confirms that the tower and foundation, as modified by the addition of the antennas proposed in the application, complies with the requirements found in subsection (7)e.xv.A of this section;

(v)

Photographs of the tower showing the exterior finish of the tower;

(vi)

A letter from the owner of the tower confirming that the tower owner will comply with the requirements of subsections (7)e.vi.E and (7)e.xvi.A, C, D and E of this section and that after the installation of the antennas pursuant to the application, the tower will thereafter comply with the requirements of subsections (7)e.xv.B and C, (7)e.xvii and (7)e.xviii of this section; and

(vii)

A determination of no hazard as required by subsection (7)e.xix of this section.

If no antennas are located on the nonconforming tower within six months of the effective date of the ordinance from which this article is derived, the nonconforming tower shall be subject to the provisions of subsection (7)e.xviii of this section.

Subsequent application(s) to add antennas shall comply with subsections (7)e.xxi.A and B of this section as herein provided.

Crematories in association with funeral homes shall not be allowed on any property abutting a residential zoned property.

Religious facilities. Land use development standards apply to religious facilities according to seating capacity ranges. For existing facilities located within residential districts, a conditional use permit shall be required for any proposed increase that upgrades the range of seats.

Religious facilities with a maximum sanctuary capacity of 50 seats shall be classified as a principal use permitted with supplemental provisions (SUP) activity and shall meet the following standards:

No such facilities shall be permitted on a zone lot, unless it contains twice the lot area requirements of the district or one acre, whichever is less.

ii.

Religious facilities within this grouping may have driveway access on any street.

iii.

Religious facilities within this grouping shall be screened along all property lines adjoining any AR, RS or R residential district.

iv.

The Board of Zoning Appeals, upon a showing by the applicant that the waiver will not be detrimental to the public health, safety and welfare, may waive any of the above referenced requirements.

Religious facilities with a maximum sanctuary capacity in excess of 50 seats that are located in a newly-constructed structure, or in an existing structure that is being expanded in size by 20 percent or more shall be classified as a conditional use (C) activity and shall meet the standards established for facilities within its seating capacity range:

The minimum lot size shall be based on the number of seats.

Seating Capacity	Minimum Lot Size
51 to 200	2 acres + 0.5 acre/100 seats
201 to 400	5 acres + 0.5 acre/100 seats
more than 400	10 acres

ii.

If the site area exceeds three acres in size, such facilities shall be located only on designated arterial or collector streets as shown on the official major thoroughfare plan.

iii.

The facility must meet adequate parking requirements for the applicable zoning classification of the property and provide a sufficient amount of parking to avoid conflicts with other uses that share the same parking lot.

iv.

The Board of Zoning Appeals, upon a showing by the applicant that the waiver will not be detrimental to the public health, safety and welfare, may waive any of the above referenced requirements.

A religious facility with a maximum sanctuary capacity in excess of 50 seats that is adaptively reusing an existing structure, or is converting an existing structure with an expansion in size of less than 20 percent shall be classified as a condition use (C) activity and shall meet the standards established for facilities within its seating capacity range if it shall meet the following standards:

The minimum lot size shall be based on the number of seats.

Seating Capacity	Minimum Lot Size
51 to 200	2 acres + 0.5 acre/100 seats
201 to 400	5 acres + 0.5 acre/100 seats
more than 400	10 acres

ii.

If the site area exceeds three acres in size, such facilities shall be located only on designated arterial or collector streets as shown on the official major thoroughfare plan.

iii.

The facility shall meet adequate parking requirements for the applicable zoning classification of the property and shall not impede other users that share the same parking lot from having adequate parking.

iv.

Religious facilities within this grouping shall be screened, according to landscape standard B, along all property lines adjoining any residential district. Any conditional use (C) permit issued under this subsection shall not have a term longer than three years. Permit holders under this subsection shall be presumed eligible for renewal for one additional term, not to exceed three years, to be issued by the Board of Zoning Appeals, absent a finding of failure to comply with standards i.—iii. above.

The Board of Zoning Appeals, upon a showing by the applicant that the waiver will not be detrimental to the public health, safety and welfare, may waive any of [the above referenced requirements].

Special institutional care facilities. In those districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to all uses classified in the special institutional care activity type:

The traffic generated by such facility shall be safely accommodated along designated arterial or collector streets as shown on the official major thoroughfare plan without traversing local minor streets.

The purpose(s) of the facility must be clearly established by the agency responsible and the appropriate staff services must be provided to achieve the stated purpose(s).

The facility shall have resident 24-hour staff and appropriate professional services shall be supplied.

The off-street parking requirements shall be determined by the Board of [Zoning] Appeals.

The minimum lot area shall be five acres, plus one additional acre for each ten persons accommodated.

The minimum side and rear yards shall be 100 feet for a one- and two-story building, increased by ten feet for each additional story.

All public utilities including a central sewage collection and treatment system (as defined by this ordinance) shall be available to the site.

10.

Special personal and group care facilities. In all districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the special personal and group care activity type as indicated:

All activities.

The purpose(s) of the facility must be clearly established by the agency responsible and the appropriate staff services must be provided to achieve the stated purpose(s). Written findings shall be presented to the Board of Zoning Appeals regarding these requirements based on advice from such agencies as the Tennessee Department of Human Services.

ii.

An appropriate license must be secured for any activity regulated by any public agency, including the Tennessee Department of Human Services. Any activity lawfully regulated by any public agency may be permitted for only that time period for which a valid license is obtained. Where grades or classes of approvals are granted, only the most restrictive may be permitted.

iii.

Necessary utilities including a central sewage collection and treatment system (as defined by this ordinance) shall be available to the site.

iv.

Notwithstanding the aforedescribed provisions, the Board may be permitted to vary the required yards and the screening strip for parking when the application involves a change in activities in existing structures. The plan shall provide for compensating features to offset any potentially adverse conditions that might be brought about by said variance.

Family care and group care facilities.

The purpose(s) of the facility must be clearly established by the agency responsible and the appropriate staff services must be provided to achieve the stated purpose(s). Group care facilities accommodating from seven to 12 individuals shall have 24-hour staff and professional services in the behavioral sciences available. Group care facilities accommodating more than 12 individuals shall have resident 24-hour staff, and shall provide professional services in the behavioral science. The Planning Commission must make a written finding to the Board of Zoning Appeals regarding these requirements based on advice from such agencies as the Tennessee Department of Human Services.

ii.

Family care community facility may not accommodate more than one individual (excluding staff) per living room.

iii.

Group care community facility must contain 1,500 square feet of net floor space for the first six residents, including resident staff and 150 square feet of net floor space per person above six residents.

iv.

Group care facilities accommodating from seven to 12 persons and family care facilities accommodating from one to six persons shall meet all bulk regulations of the district for a residence.

Group care facilities accommodating from 13 to 25 shall have a minimum lot area of one acre. When more than 25 persons are accommodated, there shall be one additional acre required for each additional 25 persons accommodated.

vi.

The minimum side and rear yards for group care facilities accommodating 13 or more persons shall be 50 feet for a one- or two-story building, increased by five feet for each story above two.

All other facilities.

No such facility shall be permitted on a zone lot within any residential district, unless it contains twice the lot area requirements of the zone district.

ii.

All bulk regulations of the district shall be met.

iii.

The requirements of the accessory off-street parking presented in article IX, subsection 9-103.2, shall apply to the particular use as specified.

11.

Waste disposal operations. In all districts where authorized as a use permitted with supplemental provisions (SUP) the supplementary regulations established in article VII, section 7-401 shall apply to uses classified in the waste disposal operations activity type.

(Ord. No. 2011-29, § 1, 6-13-2011; Ord. No. 2013-3, § 3, 1-14-2013; Ord. No. 2014-58, § 1, 8-11-2014; Ord. No. 2015-28, § 1, 7-13-2015; Ord. No. 2017-21, § 1, 3-27-2017)

3-104.7 Provisions applicable to commercial activities.

Adult entertainment establishments. All adult entertainment establishments shall be located within the Adult Entertainment Overlay District. These districts may overlay those base zone districts as indicated in table 7-102A. In addition, all adult entertainment establishments shall adhere to the following location criteria within the overlay district:

No establishment shall be located within 1,000 feet (measured property line to property line) of any church, public or private school ground, college campus, public park or recreation facility, public library, child care facilities, or a lot zoned residentially or devoted primarily to residential use; and

No establishment shall be located within 1,000 feet (measured property line to property line) of another adult entertainment establishment.

Animal care and veterinary services. In all districts where authorized as a use permitted with supplemental provisions (SUP), uses classified in the animal care activity type shall be subject to the following supplementary regulations:

All animal care uses shall occur in completely walled and roofed structures, except that completely fenced exercise yards may be provided as specified in subpart b of this section, below.

Exercise yards shall be completely fenced and screened from all abutting lots and streets. Exercise yards shall not be used for overnight accommodations. The use of exercise yards shall be restricted to the hours of 8:00 a.m. to 8:00 p.m.

Animal care boarding facilities shall be restricted to domesticated animals that have an adult weight not exceeding 200 pounds.

The design of animal care facilities shall provide for the off-street pickup and drop-off of animals.

Animal care, veterinary office and services shall be strictly prohibited should the lot on which the facility is situated adjoin any residentially zoned property unless the residential property is unoccupied.

Banking, financial services and real estate. Within the CNS District, banking, financial services and real estate operations shall be limited to 2,500 square feet of gross floor area per establishment, with no more than two establishments per lot.

Automotive and marine craft sales, service and repair. Within all commercial and industrial districts where this activity type is permitted, the following requirements shall be applicable to auto body repair/paint shops. Other uses within the "use listing" shall be permitted by right and not subject to these requirements.

All vehicle repair shall be performed within an enclosed building and shall be located no closer than 50 feet to any abutting residential district. Temporary work may be performed outside so long as it is performed within a yard fully enclosed with opaque fencing and not visible from off-site.

All damaged vehicles shall be stored within a building or within an area fully screened from public view or adjacent property by a minimum six-foot high opaque fence or wall. Said storage yard shall not be within any front yard or other yard adjacent to any street.

Buffers requried elsewhere in this ordinance shall be provided.

No storage of vehicles shall be permitted for periods in excess of 30 days.

The use shall not include any use deemed to constitute a "junk yard."

There shall be no outdoor storage or display of tires or other automotive parts.

Convenience retail and services. In all districts where authorized as a use permitted with supplemental provisions (SUP), the convenience retail and services activity type shall be subject to the following supplementary regulations:

Strong preference shall be given to location of complementary additions in the immediate vicinity of existing convenience establishments of other activities in patterns which facilitate easy pedestrian circulation from the surrounding area and from one establishment to another, and to arrangements which encourage joint use of parking areas and automotive entrances and exits.

In the environment in which convenience establishments are intended to be permitted, it is the intent of this section that no such establishment or group of establishments shall be of such size or character as to create the impression of general commercial development. Therefore, in addition to other limitations designed to achieve these ends, no individual convenience establishment shall have a gross floor area exceeding 5,000 square feet).

Number of fuel pumps allowed in various zoned districts:

CNS and OPS. A maximum of two (2) fuel pumps serving no more than four (4) vehicles at any one time.

CRC. A maximum of four (4) fuel pumps serving no more than eight (8) vehicles at any one time.

CI, CG and CMU. A maximum of eight (8) fuel pumps serving no more than sixteen (16) vehicles at any one time at the following allowable locations:

Parcels fronting Highway 70 (Lebanon Road) within a 500 feet radius of the intersection in areas zoned Commercial Interchange (CI), Commercial General (CG) and Commercial Mixed Use (CMU). These intersections include Benders Ferry, Park Glen, Mt. Juliet Rd., Nonaville and Devonshire.

ii.

Parcels fronting Highway 171 (Mt. Juliet Road) located at the intersection of Pleasant Grove Rd., Providence Parkway and Herschel Drive.

iii.

Existing convenience retail sale and service with gasoline sales in areas zoned Commercial Interchange (CI), Commercial General (CG) and Commercial Mixed Use (CMU) and in operation on the date of this ordinance.

iv.

Parcels within a 2,000 feet radius of the following two locations: a) intersection of the centerline of the S. Mt. Juliet Road bridge over I-40 and the centerline of I-40; and b) the intersection of the centerline of the Beckwith Road Bridge over I-40 and the centerline of I-40 for zoned districts CI, CG and CMU.

Exterior storage and prohibitions in OPS and CNS zoned districts:

Exterior storage of goods or materials of any kind are prohibited. The placement of waste disposal facilities is permitted in the rear of the commercial operation only and shall not be located in any required yard. Such facilities shall be totally screened using similar exterior from which the outside walls of the principal building is constructed and shall be maintained in a clean and orderly manner.

Except as provided herein for fuel sales, all sales, services, or displays in connection with convenience establishments shall be within completely enclosed buildings and there shall be no display, service or storage outside such buildings. No public address systems or other devices for reproducing or amplifying voices or music shall be mounted outside such buildings or be audible beyond any line of the lot on which the building is situated.

Within the CTC district, convenience markets and/or gasoline service stations shall not be permitted.

Retail liquor stores shall only be permitted and operated consistent with the following:

Within the Commercial Interchange (CI), Commercial General (CG), Commercial Retail Center (CRC), or Commercial Mixed Use (CMU) zoning districts, and

The sales floor area for a liquor store shall be no less than 3,000 square feet nor more than 10,000 square feet, and

New construction for retail liquor stores shall incorporate glass "store fronts" that begin four feet above finished floor, extend for a minimum of four vertical feet, and comprise not less than 25 percent of the front façade of the building or suite as applicable, and

Windows, including glass doors, shall not be used for advertising or signage purposes and the visibility through said windows and doors may not be obstructed by any temporary or permanent signs, or other material, and

Security bars shall not be placed on the inside or outside of doors and/or windows, however, solid type security doors may be used, and

Freestanding signs shall be "monument" in design and not exceed a total height of seven feet. Changeable copy signs shall not be permitted, and

Retail liquor stores shall fully comply with chapter 4, article IV, "Retail Liquor Stores" of the City Code.

Entertainment and amusement services, limited. Within those districts where authorized as a conditional (C) use, activities classified in the entertainment and amusement services, limited activity type shall be subject to the following supplementary regulations:

The facility shall be located so as to be compatible with the surrounding area and provide safety to those using such facility.

All state and local regulations pertaining to fire safety and emergency access shall be met.

All public utilities, including a central sewage collection and treatment system (as defined by this ordinance) shall be available to the site.

Adequate accessory off-street parking shall be provided to accommodate such use.

Notwithstanding the aforementioned provisions, the Board of Zoning Appeals shall in each instance require such additional measures as are in its judgment necessary and proper to protect the health, safety and welfare of users or occupants of the facility and of the public in general.

General business and communications. Within the CNS and OPS districts, general business and communications activities shall be limited to 2,500 square feet of gross floor area per establishment, with no more than two establishments per lot.

Group assembly and commercial outdoor recreation. Within those districts where authorized as a conditional (C) use, activities classified in the group assembly and commercial outdoor recreation activity type shall be subject to the following supplementary regulations:

The location, size and design of such facilities shall be such that the proposed development shall be compatible with development within the surrounding area, thus reducing the impact upon the surrounding area.

The off-street parking requirements shall be based upon the recommendation from the Planning Commission.

All activities shall be conducted such that no noise shall exceed the sound levels established in article XII, subsection 12-106.1.

When an application for a group assembly permit includes amusement parks, sports arenas, fairgrounds, racetracks and similar recreational pursuits, the following requirements shall be observed:

The minimum site shall be 25 acres;

ii.

The minimum setback of all structures from all public roads shall be 100 feet;

iii.

Such facility shall be situated so that no residential dwelling or zoned lot is located within 250 feet of a principal property entrance, outdoor activity area, principal building or service area, at the time of approval;

iv.

Off-street parking shall be provided at a minimum of one space for each four patrons or seats. For those facilities which are not utilized on a regular and frequent basis, parking may be provided on adjacent parcels of land provided further that any parcel so used is located no more than 500 feet from the lot boundary;

Any lighting provided at such facilities shall be designed so that no direct light falls on adjacent residential property;

vi.

Accessory uses may be permitted in conjunction with the principal use of the property provided that such uses are physically designed as a part of or within the principal structure. Such uses may include food sales, beverage sales, gift or souvenir shops and similar activities;

vii.

Accessory structures may be permitted which are incidental and subordinate to the principal structure. Such structures may not be located within any required setback or buffer area.

Professional services, medical. Within the CNS District, medical offices and facilities shall be limited to 2,500 square feet of gross floor area per establishment, with no more than two establishments per lot.

10.

Professional services, nonmedical. Within the CNS district, nonmedical offices and facilities shall be limited to 2,500 square feet of gross floor area per establishment, with no more than two establishments per lot.

11.

Restaurant, full-service. Within the CNS district, full-service restaurants shall be limited to 2,500 square feet of gross floor area per establishment, with no more than two establishments per lot.

12.

Restaurant, take-out. Within the CTC districts where authorized as a conditional (C) use, activities classified in the restaurant, take-out activity type shall be subject to the provision established for activities within subpart 4, convenience retail and services, of this section.

13.

Scrap operations. In all districts where authorized as a use permitted with supplemental provisions (SUP) the supplementary regulations established in article VII, section 7-401 shall apply to uses classified in the scrap operations activity type.

14.

Self-service storage. In any districts where authorized as a use permitted with supplemental provisions (SUP), the following supplementary regulations shall apply to uses classified in the self-service storage activity type:

No self -storage facility shall be approved upon a lot less than two acres in size.

All storage shall be kept within an enclosed building, except propane or a gasoline engine or storage tanks or any boat or vehicle incorporating such components, which shall be stored in designated screened exterior areas. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperable vehicles.

A barrier shall be provided around the perimeter of the facility. Said barrier shall be located at the setback line and may consist of either the solid facades of the storage buildings or a fence. If the barrier is to be provided by a fence, said fence shall be a minimum of six feet in height and shall be constructed of opaque or semi-opaque materials that will prevent the passage of light and debris, such as brick, stone, architectural tile, masonry units, wood, or similar materials, but expressly prohibiting woven wire.

No business activity other than the rental of storage units and pick-up or deposit of dead storage shall be conducted on the premises. All contracts for rental of self-storage facilities shall include clauses prohibiting the storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals and the use of the property for any purpose other than dead storage. Examples of prohibited activities include, but are not limited to the following:

Auctions, commercial wholesale or retail sales or miscellaneous or garage sales.

ii.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

iii.

The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment.

iv.

The establishment of a transfer or commercial warehouse business.

One parking space for every 200 storage cubicles or fraction thereof shall be located adjacent to the project office. A minimum of two such spaces shall be provided.

Driveway aisles shall be a minimum of 24 feet in width. A driveway aisle where access to storage units is only on one side of the aisle may be 20 feet in width.

The maximum size of a storage unit shall be 600 square feet, and no more than 4,000 square feet shall be leased to a single tenant.

All outdoor lighting shall be shielded so as to direct light and glare only onto the premises of the self-service storage facility and away from all adjoining property. Such lighting may be sufficient to discourage vandalism and theft.

(Ord. No. 2010-37, § 2, 7-12-2010; Ord. No. 2010-41, §§ 2, 3, 8-9-2010; Ord. No. 2011-01, §§ 1, 2, 1-10-2011; Ord. No. 2013-17, § 3, 2-11-2013; Ord. No. 2016-24, § 1, 4-25-2016; Ord. No. 2017-34, § 1, 6-12-2017; Ord. No. 2019-6, § 4, 4-8-2019; Ord. No. 2020-8, § 1, 2-10-2020; Ord. No. 2020-19, § 1, 5-29-2020)

3-104.8 Provisions applicable to manufacturing activities.

Manufacturing, limited. Within any commercial district where limited manufacturing activity is authorized as a use permitted with supplemental provisions (SUP), no stocks, merchandise or material (with the exception of automobiles, tractors and other transportation, excavation or agriculturally related vehicles) may be stored upon any open area situated on any zone lot and all manufacturing activities shall be conducted in totally enclosed buildings.

Manufacturing, basic industry. Basic industrial operations may be permitted only within I-S, Special Industrial Districts when approved as provided in article VII, section 7-104.

Manufacturing, hazardous operations. Hazardous manufacturing operations may be permitted only within I-S, Special Industrial Districts when approved as provided in article VII, section 7-104. The following supplementary regulations shall apply to uses classified in the manufacturing hazardous activity type:

The location of such an activity shall be in an area likely to be sparsely developed for reason of topography, lack of existing or planned utilities, accessibility or a similar cause.

Such facility shall not be located on a site having an area of less than 50 acres.

The location, design and nature of the facility shall be such that the facility will not pose any significant hazard to human life, health or safety.

All regulations of the State Fire Marshal and the local fire department relating to the storage of explosives shall be met.

3-104.9 Provisions applicable to agricultural and extractive activities.

Special conditions for egg production houses, feedlots and stockyards. These provisions are adopted pursuant to Title 44, Chapter 18, Feedlots, Dairy Farms and Egg Production Houses, of the Tennessee Code. In those districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the intensive agriculture activity type:

The location of such an activity shall be in an area sparsely developed during the length of time the use as an egg production house, stockyard or feedlot is anticipated.

No such facilities shall be permitted on a zone lot, unless it contains a minimum lot area five acres.

Any permit issued, thereunder, shall be based on a site plan or other documents submitted with an application that shall indicate the following:

Existing contours of the site and up to 100 feet beyond the site boundary. Contour intervals shall be at two-foot intervals.

ii.

Location of the area in which the proposed keeping of animals is to be conducted.

iii.

Location of all proposed buildings, animal pens, roadways and other facilities proposed on the site.

iv.

Proposed method of drainage of the animal pens.

Proposed fencing of the site.

Any egg production house, feedlot or stockyard shall be located on a site such that the closest point of any building or fenced lot, yard, corral or other area in which livestock are confined primarily for purposes of feeding, growing, raising, or birthing prior to slaughter is set back a minimum of 500 feet from any existing residence and 250 feet from any public right-of-way.

Any facility to be constructed shall submit a groundwater protection plan with the application required, hereinunder. Such plan shall address:

Decreased water quality from erosion and runoff; and

ii.

Surface water and groundwater contamination from poultry waste.

A plan for disposal of waste, including manure, litter and dead birds, shall accompany the application required, hereinunder.

A plan for odor control to include evidence developed from operations similar to the one being proposed shall accompany the application required, hereinunder.

Agricultural services. In those districts where authorized as a conditional (C) use, the following supplementary regulations shall apply to uses classified in the agricultural services activity type:

The location of such activity shall be on a site at least five acres in size.

The site shall be located within an area where the activity does not create a nuisance to residential activities located on adjoining properties.

All operations shall continuously comply with the performance standards presented in article XII of this ordinance.

Fencing shall be provided around all activities within this grouping.

Mining, quarrying and soil extraction activities. Mining, quarrying and soil extraction activities may be permitted only within I-S, Special Industrial Districts when approved as provided in article VII, section 7-104. The following supplementary regulations shall apply to uses classified in the manufacturing hazardous activity type:

The location of such an activity shall be in an area sparsely developed and likely to remain sparsely developed during the length of time the mining or quarrying activity is anticipated.

Approval for mining and quarrying activities may also include accessory concrete batching plants, asphaltic cement mixing plants and/or rock crushing activities on the same lot or adjoining lots that may have directly opposing frontages on the same public street. If such accessory activities are included on the quarry site, the total site must meet all the special use regulations for mining and quarrying activities; however, in conditions of multiple lots, the outer perimeter of the site shall be considered the lot line.

Fencing shall be provided around all open excavations.

After the quarrying operation has been terminated, the site shall be graded and/or filled so as to be in substantial conformity with the topography of the surrounding lands. All fill material shall be nontoxic, nonflammable and noncombustible solids. All areas that are backfilled shall be left so that adequate drainage is provided.

Any permit issued, hereunder, shall be based on a site plan or other documents submitted with an application that shall provide for the following:

Existing contours of the site and up to 100 feet beyond the site boundary. Contour intervals shall be at two-foot intervals.

ii.

Location of the area in which the proposed quarrying activity is to be conducted.

iii.

Location of all proposed buildings, crusher and screening equipment, roadways and other facilities proposed on the site.

iv.

Proposed method of drainage of the quarry area.

Proposed fencing of the quarry area.

vi.

Methods proposed for blasting.

vii.

Methods proposed to control noise, vibration and other particulate matter in order to meet the operational performance standards as set out in the zoning ordinance.

viii.

Finished contours of the site after the quarrying operation has been terminated.

Before issuing a use permit, the City shall require the owner of a quarry facility to execute a bond not less than $600.00 or more than $1,000.00 per acre of active quarrying throughout a five-year period to restore the lands in the manner prescribed, herein, including the removal of all structures and machinery.

Any use permit issued, hereunder, may be limited as to term. After the expiration date of such permit, the City may review and grant an extension of time in the same manner and procedure as prescribed for an original application.

Provisions applicable to rock crushing activities.

No rock crushing shall be permitted on a construction site without a valid permit issued by the Public Works Director of the City of Mt. Juliet.

Before issuing a permit, the Public Works Director shall require submittal of the following information:

Copies of any required state or federal permits. Note: State and federal regulations impose strict limitations as to dust, pollution and maximum allowable noise levels;

Proof of liability insurance, in the amount of $1,000,000.00, with the City of Mt. Juliet named as an additional beneficiary, shall be provided;

Letter of credit shall be executed in the amount to be determined by the Public Works Director. The letter of credit amount shall be sufficient to pay 150 percent of any estimated costs of restoring the site, including clean-up and landscaping, should the rock crushing operation be abandoned.

A separate letter of credit shall be executed in an amount of $10,000.00. This letter of credit shall be sufficient to pay for any clean-up to or repair of surrounding sites necessitated by the rock crushing activity. Prior to making a claim under this letter of credit, a property owner injured by the rock crushing activity must give the permit holder 14 days' notice. The permit holder shall then have 14 days to remediate the situation. This letter of credit will not be issued on behalf of or for the benefit of the city and the city shall in no way be involved with the administration of this letter of credit, with the exception of setting the required monetary rate.

Permitee agrees to indemnify and hold harmless the City of Mt. Juliet from any and all claims, demands, losses, causes of action, damage, lawsuits, and judgments, including attorney's fees and costs, arising out of or directly or indirectly related to the work of the permitee.

Site plan: A separate site plan, specific to the proposed rock crushing operation, shall be submitted to and approved by the Public Works Director. Any site plan or application submitted for this purpose shall include provisions detailing the following information:

Erosion and sediment control and drainage;

Stormwater management;

Fencing and safety plan;

Adjacent properties and structures establishing that operations will be at a minimum 500 feet from the front door of any occupied structure at the time of permit issuance and at the time of any permit renewal; and

Site stabilization plan.

City of Mt. Juliet permit.

Upon submission of a completed application and site plan, the Public Works Director may issue a permit for conduct of rock crushing operations consistent with this ordinance.

Prohibition of operations:

Rock crushing operations may occur only between 8:00 a.m. and 5:00 p.m., Monday through Saturday unless otherwise specified in writing by the Public Works Director.

Rock crushing operations shall be conducted in such a manner as to comply with the City of Mt. Juliet permit. No operations will be permitted which causes dust to be deposited on neighboring properties or vehicles.

At the discretion of the Public Works Director, any violation of this ordinance may result in suspension of rock crushing operations until noncompliance with this ordinance is corrected.

Uses of crushed rock:

Rock crushed on site shall not be used for any purpose until approval is granted by the Public Works Director.

Rock crushed on site shall not be sold.

Rock crushed on the permitted site may be used on another site owned by the same property or developer. Said secondary destination site shall be operating under a City of Mt. Juliet permit for an approved Site Development Plan or approved Infrastructure Plan.

If rock crushed on site is approved for use pursuant to [subsection] 6.c., the developer shall be required to execute a separate letter of credit in an amount determined by the Public Works Director. This letter of credit shall be equal to 150 percent of any estimated costs of repairing the roadways between the two sites.

Rock being hauled from the permitted rock crusher site to an approved secondary site shall comply with the requirements of Ordinance 2013-82, Street surety.

Any use permit issued hereunder shall be issued for a 12-month term. After the expiration date of such permit, the permitee may request and the Public Works Director may grant a 12-month extension of time in the same manner and procedure as prescribed for an original application. There are no limits on the number of extensions a permitee may request.

(Ord. No. 2003-40, 9-8-2003; Ord. No. 2004-34, 8-9-2004; Ord. No. 2007-22, 5-29-2007; Ord. No. 2009-07, 2-9-2009; Ord. of 10-23-2009, § 3-104; Ord. No. 2013-70, § 5, 10-14-2013; Ord. No. 2014-38, § 1, 5-12-2014)

Sec. 3-105. - Accessory uses.

In addition to the principal activities expressed above, each activity type shall be deemed to include activities customarily associated with, and appropriate, incidental and subordinate to the principal activity when such accessory activity is located on the same zone lot as such principal activity and meets the further conditions set forth below.

3-105.1 Accessory uses permitted by right or upon administrative approval. Certain of the accessory uses enumerated within this section are permitted as a matter of right subject to the general definition of an accessory use. Other uses designated by the notation (ASP) are permitted upon approval by the Zoning Administrator upon a determination that any criteria or standards established for such use have been met. Such accessory uses include the following:

Accessory apartment. An apartment shall be considered an accessory use to any single-family residential activity that is a self-sufficient housekeeping unit, provided that the following conditions are met:

The single-family residence is owner occupied and meets all regulations for the district.

There is free and clear access between the principal and accessory dwelling units without going outdoors.

Only one meter per utility shall be installed to service both units.

A maximum of 25 percent of the gross floor area, excluding garage and utility space, shall be used for the accessory apartment.

No entrance that would be visible from the street shall be added solely for the purpose of providing direct outside access to the apartment.

The accessory apartment shall not be occupied by anyone other than a family member, defined as grandmother, grandfather, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt or uncle.

An instrument shall be recorded with the Register's Office covenanting that the apartment is being established as an accessory use and may only be used under the conditions listed above.

The covenants provided herein may be enforced by the Zoning Administrator.

Accessory storage. Storage of goods sold by a principal commercial activity engaged in by the same firm on the same lot shall be considered an accessory use.

Administrative office. Operation of an administrative office of a firm engaged in a principal manufacturing or commercial activity on the same zone lot, but only if such office does not occupy more than 49 percent of the total floor area occupied by the same firm located on the same zone lot.

Bed and breakfast homestay. This activity may be permitted subject to the limitations of a minor home occupation and the criteria presented in subsection 2-103.6 of this article.

Columbarium. A columbarium shall be considered an accessory use when located within a place of worship.

Farm buildings. Private barns, stables, sheds and other farm buildings. Living quarters for persons regularly employed on the premises.

Home child care. Child care for up to four preteenage children shall be considered an accessory use. The dwelling unit in which this activity occurs shall meet all applicable state and local regulations.

Minor home occupations. In all zones permitting residences, minor home occupations in compliance with the following regulations are permitted as accessory uses. Due to their small scale and residential nature, minor home occupations are relatively common accessory uses which are not easily detectable and are not reasonable or desirable to regulate through a conditional use permit. However, in order to ensure that such activities remain within the limited scope of this provision, a use permit shall be obtained from the Zoning Administrator. The effective period for the use permit shall not exceed two years. At the end of every two-year period, renewal shall be automatically granted upon receipt of properly documented certification that the home occupation continues to be operated within the limitations set forth below:

A minor home occupation may be conducted within a dwelling and shall be clearly incidental to the use of the structure as a dwelling. No more than 500 square feet or 25 percent of the floor area of the dwelling, whichever is less, may be utilized by the minor home occupation.

In no way shall the appearance of the structure be altered or the occupation, within the residence be conducted in a manner that would cause the premises to differ from its residential character either by use of colors, materials, construction, lights, signs, or the emission of noise or vibration.

No traffic shall be generated by such minor home occupation by persons other than the occupants of the dwelling and any parking required as a result of the conduct of such home occupation shall be met off the street and in portions of the lot other than in required yards.

No minor home occupation shall involve the use, parking, storage or repair of any vehicle exceeding a gross vehicle weight of 11,000 pounds, except deliveries by parcel post, United Parcel Service or similar in town delivery service trucks.

No minor home occupation shall involve the on-site use or storage of tractor trailers, semi-trucks, buses or heavy construction equipment.

No equipment or process shall be used in any minor home occupation that creates noise, vibration glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or processes shall be used which creates visual or audible interference in any radio or television receivers off the premises.

No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

No home occupation shall require internal or external alterations or involve construction features or the use of mechanical or electrical equipment that would change the fire rating of the structure or the district in which the structure is located.

No person other than residents of the dwelling shall be employed at the location in the conduct of a minor home occupation.

The following are specifically prohibited as minor home occupations, but may be permitted as major home occupations in accordance with the procedures of section 3-105.2, Accessory uses permitted with supplemental provisions:

Appliance repair.

ii.

Beauty salons and barbershops.

iii.

Cabinetmaking.

iv.

Ceramics (with kiln larger than six cubic feet).

Dance or music studios with more than four students.

vi.

Medical or dental office.

vii.

Transportation equipment repair.

viii.

Upholstering.

ix.

Veterinary uses (including care, grooming or boarding).

Parents day out. Child care for preteenage children, for not more than 12 hours in any one week, shall be considered an accessory use when operated by a place of worship.

10.

Private recreation facilities. Private swimming pools, tennis courts and other outdoor recreational facilities exclusively for the use of the residents.

3-105.2 Conditional accessory use provisions. In addition to the requirements established for accessory uses generally, the specific standards set out below for individual accessory uses and activities shall be met as part of the conditions for issuing the use permit. Upon issuance of any permit for a conditional accessory use as specified by this section such use or activity shall be continuously subject to compliance with any operational standard or criteria established by the Board of [Zoning] Appeals and limitations imposed upon such use by virtue of its being classified as accessory to a principal use or activity. Any conditional use permit issued hereunder shall be for a maximum time period of two years. Such permit may be renewed for additional periods upon a finding by the Zoning Administrator that all conditions and operational limitations established by the Board in originally issuing the permit are being complied with fully. In any instance where the Zoning Administrator shall find that questions exist concerning compliance with any aspect or limitation of the permit, he shall refuse to renew the permit and immediately take all actions necessary to have the permit reviewed by the Board of [Zoning] Appeals. All accessory activities to a conditional (C) use shall be approved in accordance with the procedure set out in article XIV, section 14-106, for review and approval of conditional uses generally. An accessory activity may be approved along with the principal conditional use or at any point subsequent thereto in the manner provided, herein. Accessory uses with supplemental provisions include the following:

Accessory agricultural occupations. Uses permitted as accessory agricultural occupations shall include, but not be limited to auto, truck and farm equipment repair, welding shops, wood working shops, manufacture or processing of garments, the sale of farm products, supplies and equipment and other similar uses that in the opinion of the Board of Zoning Appeals would meet the criteria of an accessory-agricultural occupation. These provisions are established to provide supplemental occupations for residents located in a rural environment. All applicants requesting approval for this type of home occupation are required to meet the provisions set forth below and any other safeguards the Board of Zoning Appeals may deem necessary to protect neighboring and near by properties.

Property must be located in an AR-40 district and meet minimum lot size and dimensional requirements for the district.

No proposed use shall occupy more than one accessory building with a total square footage not to exceed 3,000 square feet.

Accessory buildings may not be altered so that the character of the agricultural function is not maintained.

Any accessory agricultural occupation located within 200 feet of any residential structure on an adjoining lot shall maintain a 50-foot buffer at all points along the shared property line between the uses.

Adequate parking shall be provided to serve the accessory agricultural occupation as well as the agricultural and residential functions taking place upon the lot.

No outside storage of goods or materials shall be visible from any public road.

Uses involving the storage, transfer or disposal of hazardous materials shall not be permitted.

All automobiles or trucks parked on the site are required to have a current registration and license plates.

Accessory child care. Child care for preteenage children shall be considered an accessory use when operated by a health care, commercial or industrial activity where the care is provided solely for the children of their employees and meets all applicable state and local regulations for a child care center for children.

Bed and breakfast establishments. Bed and breakfast establishments may be permitted as conditional accessory activities.

Individual rooms which are rented shall not contain cooking facilities.

The owner and/or operator must reside on the premises.

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

No exterior alterations other than those necessary to ensure safety of the structure, shall be made to any building for the purpose of providing a bed and breakfast establishment.

The bed and breakfast establishment must front on or have direct access to a public street of adequate design for the proposed use.

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

Off-street parking spaces shall be one for each guest/rental room in addition to the provisions spaces required for the dwelling. Maneuvering area shall be provided on-site to allow vehicles to exit property front-end first.

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

The bed and breakfast establishment shall be serviced by a public water and wastewater system.

A landscaping plan shall be required that is compatible with neighboring properties.

Major home occupations. In all zones permitting residences, home occupations that exceed the standards for minor home occupations may be approved as conditional accessory uses subject to the following:

Participants. The home occupation is to be conducted only by members of the family residing in the dwelling unit, plus no more than one nonresident assistant or employee. Persons engaged in the building trades or similar fields, using their dwelling units or residential premises as an office for business activities carried on, off the premises, may have more employees that the limitation set forth above, if such persons are not employed on the premises.

Hours of operation. In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. or later than 10:00 p.m.

Scale. A home occupation shall be conducted within a dwelling and shall be clearly incidental to the use of the structure as a dwelling. No more than 500 square feet or 25 percent of the floor area of the dwelling, whichever is less, may be utilized by the home occupation.

Residential appearance and character. In no way shall the appearance of the structure be altered or the occupation, within the residence be conducted in a manner that would cause the premises to differ from its residential character either by use of colors, materials, construction, lights, signs or the emission of noise or vibration.

Noise, equipment and process restrictions. No equipment or process shall be used in any home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to the formal senses off the lot. In the case of electrical interference, no equipment or processes shall be used which creates visual or audible interference in any radio or television receivers off the premises.

Restriction of wholesale and retail sales. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that orders previously made by telephone or at a sales party may be picked up and products or goods produced or fabricated on the premises as a result of the home occupation may be sold. However, direct sales of products produced off premises are not permitted.

Deliveries and large vehicle storage. The home occupation shall not involve the use, parking, storage or repair of any vehicle exceeding a gross vehicle weight of 11,000 pounds, except deliveries by parcel post, United Parcel Service or similar in town delivery service trucks.

Outside storage. There shall be no storage of equipment, vehicles, or supplies associated with the home occupation outside the dwelling or accessory building.

Display of products prohibited. There shall be no display of products visible in any manner from outside the dwelling.

Hazards. No home occupation shall require internal or external alterations or involve construction features or the use of mechanical or electrical equipment that would change the fire rating of the structure or shall be used or stored on the property in conjunction with any home occupation permitted, hereunder. No use shall be permitted which involves the manufacture or storage of products that are dangerous in terms of risk of fire, explosion or hazardous emissions.

Heavy transportation and construction equipment prohibited. No home occupation shall involve the on-site use or storage of tractor trailers, semi-trucks, or heavy construction equipment.

Parking. A parking plan shall be presented with each request for a conditional use permit presented, hereunder. The plan shall demonstrate:

That adequate off-street parking can be provided on the site to accommodate the additional needs generated by the home occupation.

ii.

That any added parking will not detract from the visual appearance of the residence or adversely impact adjoining properties.

Operation of a cafeteria. Operation of a cafeteria for employees, residents, patrons or others participating in the principal activity conducted by an organization engaged in community facility activity on the same zone lot. Where the community facility is permitted as a conditional use an accessory cafeteria must be approved as a part of the action granting said permit.

Residential occupancy in connection with nonresidential activity. Residential occupancy may be permitted as an accessory use to a principal nonresidential activity located on the same zone lot subject to the following:

Only one unit permitted. No more than one dwelling or rooming unit may be permitted in connection with a principal nonresidential activity located upon the same zone lot.

Occupancy limited. Any dwelling or rooming unit permitted under the provisions of this section shall be limited to occupancy by person(s) employed in the principal nonresidential activity located upon the same zone lot.

Residential occupancy prohibited. No dwelling or rooming unit may be located upon any site with a nonresidential activity that is defined by this ordinance as a hazardous occupancy.

Production for retail sale. Production of goods for sale by a firm engaged in a principal commercial activity on the same lot shall be considered an accessory use, but only if:

All goods so produced are sold at retail by the same firm on the same zone lot;

Such production does not occupy more than 49 percent of the total floor area occupied by such firm on the lot;

Such production does not in any case occupy more than 2,000 square feet of such floor area; and

Such production occurs only in an enclosed building.

(Ord. of 10-23-2009, § 3-105)

Sec. 3-106. - Temporary events, uses, and portable buildings.

The provisions of this section are necessary to govern the operation and allowance of temporary events. All temporary events are subject to approval by the City of Mt. Juliet. Any person or entity desiring to conduct or sponsor such events must submit an application to the Zoning Administrator, or his/her designee, for a temporary permit and shall fully describe the nature and purpose of the requested activity. All information and plans required by the Zoning Administrator as necessary for determining compliance with the provisions contained in this section or elsewhere herein shall be provided in accordance with prescribed submittal and deadline requirements. The Zoning Administrator shall consider the application and may approve, disapprove, or approve with conditions temporary permits for such events.

All temporary events shall comply with the entirety of section 3-106, and unless otherwise altered by this section, shall comply with all zoning and other requirements of the City of Mt. Juliet. The Zoning Administrator shall have the authority to grant permits for temporary events when, and only when, all requirements have been met. No permit issued, herein under, shall be for a time period in excess of that stipulated below for each individual activity.

Definitions. The following definitions shall apply to the requirements of this section and are not intended to have general application to the Zoning Ordinance or other City regulations.

Major road: For the purposes of this section, major roads are: North and South Mt. Juliet Rd. (State Hwy. 171), Old Lebanon Dirt Road, Division Street, Adams Lane (from Mt. Juliet Road to Crossings Blvd.), Providence Parkway, Belinda Parkway (east to Providence Trail), Central Pike, Beckwith Road, Nonaville Road, Golden Bear Gateway, and Lebanon Road (US Highway 70), or any road classified as an arterial street in the Major Thoroughfare Plan, as amended. Staff reserves the right to revise this list as deemed necessary.

Portable building: Includes, but is not limited to, recreational vehicles, tents, carts, kiosks, and construction trailers.

Temporary event/use: An activity limited in duration, as defined herein, that does not require the issuance of a regular City of Mt. Juliet Business Tax License. In this context the term event and use is used interchangeably.

Sponsor: The applicant and/or operator of the temporary event for whom the temporary event request is approved, and who is responsible for ensuring conformance with City and other regulations, and is the point of contact for the business or organization.

Mobile vendor shall mean a person, corporation, company, or business that sells or offers for sale new goods, wares, merchandise, beverages or food stuffs of any kind or nature whatsoever from cart, or other mobile vehicle designed for preparing or selling these products.

II.

Temporary events/uses.

Circus or carnival. This class of temporary events includes travelling businesses open to the public and offering shows, amusement rides and other activities for entertainment, and often characterized by high traffic and attendance, evening hours, lights and noise. Such use shall only be permitted in the following districts subject to the approval standards and conditions presented herein:

Use permitted in the following zoning districts:

Commercial districts — All

Industrial districts — IR and IG

Standards and conditions: These events shall comply with all applicable City regulations, including the contents of section 3-106, and with the following requirements.

Approval standards. Prior to issuance of any permit the Zoning Administrator shall establish that the proposed activity satisfies the following standards:

That the proposed activity is in conformance with all applicable City ordinances;

That the proposed activity will not result in undue adverse traffic congestion and unsafe conditions regarding the use of public roads;

That the proposed activity will not present or create a threat to the safety of persons or property because of fire, explosion or other threat;

That the proposed activity will not create unhealthy conditions regarding water supply, sewage disposal or solid waste disposal;

That the proposed activity will not interfere with the use of neighboring property for its customary use by creation of noise, dust, noxious odors, lighting or other activities which exceed the operational performance standards established in article XII of this [Zoning] Ordinance;

Approval conditions. Within those districts where permitted the following supplementary provisions shall apply to all circuses and carnivals.

No permit may be issued for a period longer than ten days.

Such activity may be permitted only on lots where adequate off-street parking can be provided.

When the activity is to be located within any residential district, the minimum site shall be no less than four acres in size.

Sanitary facilities shall be approved by the local Department of Health.

The Zoning Administrator shall stipulate, based upon the pattern and nature of land uses within the immediate area, whether a maximum of 60 or 70 decibels noise level shall be permitted to occur at the site boundary.

The Zoning Administrator shall have the power to restrict the days and hours of operation of the activity.

Christmas tree sale/fireworks. Use permitted in the following zoning districts:

Christmas tree sales — All districts

Firework sales — All commercial/industrial districts

Standards and conditions: These events shall comply with all applicable City regulations, including the contents of section 3-106, and with the following requirements.

Such permit may not be issued for a period longer than 45 days.

Firework sales shall not be permitted within 200 feet of any residential use.

Retail firework sales shall also be subject to the City of Mt. Juliet Code of Ordinances, chapter 10, article VI, "Fireworks".

Special civic events, nonprofit festivals, bazaars, etc. This class of temporary events includes those typically associated with nonprofit, non-commercial organizations. Examples include, but are not limited to: fundraisers, summer concerts, church/religious events, school events, group yard sales, Arbor Day celebrations, patriotic events, youth and adult sports events.

Use permitted in the following zoning districts: All districts

Standards and conditions: These events shall comply with all applicable City regulations, including the contents of section 3-106, and with the following requirements.

Approval standards. Prior to issuance of any permit the Zoning Administrator shall establish that the proposed activity satisfies the following standards:

That the proposed activity is in conformance with all applicable City ordinances;

That the proposed activity will not result in undue adverse traffic congestion and unsafe conditions;

That the proposed activity will not present or create a threat to the safety of persons or property because of fire, explosion or other threat;

That the proposed activity will not create unhealthy conditions regarding water supply, sewage disposal or solid waste disposal;

Approval conditions. Within those districts where permitted, the following supplementary provisions shall apply to all temporary nonprofit festivals, bazaars, and similar activities.

No permit may be issued for a period longer than ten days.

Such activity may be permitted only on lots where adequate off-street parking can be provided.

When the activity is to be located within any residential district, the minimum site shall be no less than four acres in size.

Sanitary facilities shall be approved by the local Department of Health.

The Zoning Administrator shall have the power to restrict the days and hours of operation of the activity.

Commercial sales event (on-site) (approved Ord. 2012-59). Commercial sales events (on-site), hereinafter referred to as "event", are conducted in association with an existing permanent on-site business and include grand opening/going out of business events, holiday sales event, and similar uses. Events only require approval under this ordinance when they involve the outdoor placement of merchandise, portable or temporary signs and/or banners, tents, carts, or other structures specific to the event. Such use shall only be permitted as allowed below. For the purposes of this section, these events shall not apply to major or minor home occupations.

Use permitted in the following zoning districts:

All zoning districts when associated with a permitted conforming use.

Standards and conditions. These events shall comply with all applicable city regulations, including the contents of section 3-106, especially the standards and conditions in subsections III and V, and with the following requirements.

Written approval from the property owner shall be provided for all events.

These events shall only be allowed in conjunction with the principal use to which they are associated and may not constitute a separate business.

In addition to a bona fied grand opening or going out of business event, a business may conduct no more than six commercial sales events associated with nationally observed holidays in a calendar year.

A maximum of one 'grand opening,' and one 'closing' or 'going out of business' event shall be permitted per use, per year for any given location.

Each event shall be limited to maximum of seven consecutive days.

In no case, shall any table, seat, display, tent, cart, wagon, trailer, vehicle, or portable building, cause a reduction in the available amount of parking spaces, to the detriment of the principal use or activities dependent on such parking except as allowed in subsection V.C.

All temporary structures shall be certified as being in compliance with all applicable fire, building, health, life safety, and other regulations as may be in effect from time to time. If in the determination of the city an approved temporary event constitutes a threat to the public health, safety, and welfare, the city may consider revoking the permit for this location and/or the temporary event.

Regulations for temporary signs are contained in article XI, Signs, and in subsection 3-106.VI, Signs for temporary event and uses, of the Zoning Ordinance.

"Commercial" events (off-site). This class of temporary event includes independent commercial ventures not associated with an on-site principal (permanent) business, that operate on a developed site, or in association with a vacant property. Examples include, but are not limited to, the retail sale of plants, food, art, or other products. This classification includes mobile vendors which may include the sale of food or nonfood products, from carts, wagons, tents, or other vehicles designed for preparing or selling these products. These temporary events are not necessarily related to holidays, seasons, or any other recurring activity. Such use shall only be permitted as allowed below.

Use permitted only when conducted as a part of an otherwise approved temporary event/use as listed in [subsections] A through D of this [section] or in association with an event sponsored by a governmental entity such as the City of Mt. Juliet or a Wilson County School. Off-site commercial events, including mobile vendors, shall not be permitted as independent stand-alone uses except as noted in [paragraph] 1 below.

Standards and conditions. These activities shall comply with all applicable city regulations, including the contents of section 3-106, especially the standards and conditions in subsections III and V, and with the following requirements.

Mobile vendors and the use of carts not exceeding more than 40 square feet in floor/ground area are permitted when: a) located within a shopping center containing a minimum of five acres, and b) are more than 200 feet from a public road, and c) receive the approval of the property owner or his/her/it's authorized agent. Individual carts or cart groups shall be a minimum of 300 feet from each other and comply with sign regulations herein. Groups of carts may not exceed three in number.

A maximum of two tables seating no more than eight persons may be placed on the site.

Hand washing or sanitizing facilities shall be provided for all temporary events offering or selling food for immediate consumption.

Mobile vendors shall be no closer than 1,320 feet (as measured by public road access) from a permanent business conducting or offering for sale merchandise similar to that of the mobile vendor.

Signs displayed on-site, specific to the temporary event, shall be permanently affixed to the cart, wagon, trailer, or other vehicle used for the sale of merchandise. Signs shall not encroach into any right-of-way or road easement. No other advertising signs are permitted. Additional regulations for temporary signs can be found in section 11-106 of the Zoning Ordinance.

The mobile vendors current business tax license, if required, and the mobile vendors proof of liability insurance shall be displayed prominently and conspicuously by the mobile vendor on all mobile vending units when engaged in the business of vending. If the mobile vendor sells food or beverages, the Health Department Food Service Permit and Inspection Report must also be prominently and conspicuously displayed.

All mobile vendors selling food or beverages must provide trash receptacles as a part of their operation, in a prominent location, and sufficient in size to collect all waste and recyclables generated by customers and staff of the mobile vending operation.

Temporary events/uses—Exemptions and permitting.

Other temporary events. The Zoning Administrator is authorized to determine whether temporary events not listed herein are permitted and under what parameters. In performing this function, the Zoning Administrator shall deny or assign a proposed event to the existing category of uses to which it is most analogous. When so assigned, the temporary event shall be permitted subject to the procedures, conditions and limitations of the temporary event to which it has been assigned.

Permitting. A temporary event exceeding the standards and/or conditions for an event specified herein, or those contained in subsection "III" of this ordinance may be approved by conditional use permit by vote of the Board of Zoning Appeals. In addition, an appeal to the Board of Zoning Appeals may be made by any applicant denied a permit by the Zoning Administrator. Such appeal shall be made in writing to the Zoning Administrator within seven days of the date of permit denial. In considering requests, the Board of Zoning Appeals shall in their deliberations determine that the proposed temporary event will not: a) adversely affect the public health, safety and/or welfare, b) and will not cause an undue impact or burden on adjacent property owners or residents, c) and will not overburden existing transportation routes or roadways.

Exemptions. Any business or activity otherwise subject to this ordinance shall be exempt from these requirements during a permitted temporary event, during the time of such event, if registered with the organization to which a permit has been issued, and contained within the approved site. This does not relieve the operator of the need for a business license and complying with building or health codes.

City parks/property. The Director of Parks and Recreation has the authority to approve temporary uses/events located upon any property owned by the City of Mt. Juliet. Under such circumstances the standards and conditions found in the next section may be modified to accommodate the planned event so long as such action is not contrary to the health and/or safety of the public/participants.

Annual permits. The Zoning Administrator may issue an annual permit for a temporary event or use that is recurring throughout the calendar year.

III.

General standards and conditions of approval applicable to all temporary events/uses.

Written approval from the property owner shall be provided for all temporary events. Additionally, for any event not conducted by the property owner, a letter from the property owner shall be provided acknowledging that he/she is fully aware of the nature and scope of the temporary event and grants approval for the event on their property.

Plans and other information necessary to review and evaluate the proposed temporary event shall be provided to the Zoning Administrator. Said plans include, but shall not be limited to, a site layout drawing or site plan in a form and content established by the Zoning Administrator, such as property boundaries, right-of-way, setbacks, location of all temporary structures and signs, location of utilities, parking and access, and stormwater management.

All such temporary events shall be limited to those sites which have adequate all-weather, dust free, off-street parking to serve the permitted use. Indoor or portable sanitary facilities shall be provided.

Hours during which such events shall be allowed to conduct business or operate are between 8:00 a.m. and 10:00 p.m. Portable buildings approved for a temporary event shall be permitted to remain on-site beyond these hours, unless otherwise required to be removed by the approving authority.

The operation of the temporary event shall be subject to the requirements of section 16-22 — Anti-noise regulations, of the Mt. Juliet Codification Manual and section 12-105, Specific standards, in the Zoning Ordinance.

Outdoor activities and portable buildings may not be within 100 feet of an adjacent property used for residential purposes.

The temporary event shall not present or create a threat to the safety of persons or property due to the possibility of fire, explosion or other threat;

The temporary event shall comply with all local, county, and state environmental, solid waste disposal, and sanitary waste disposal requirements. Any required Health Department certificate shall be plainly displayed;

The temporary event shall not interfere with the use and enjoyment of neighboring property for its customary use by creation of noise, dust, noxious odors, traffic, lighting or other activities which exceed the operational performance standards established in article XII of this [Zoning] Ordinance;

Signs shall be allowed as contained in subsection VI, Signs for temporary uses and event contained herein.

The proposed temporary event will not result in adverse traffic congestion and unsafe conditions regarding access to, and the use of, public roads. A traffic management plan may be required by the City Engineer for review and approval. This plan shall show parking areas provided and circulation routes. Based on the nature and location of the proposed temporary event a traffic impact study may also be required.

Temporary events and/or activities that require use of public right-of-way shall be planned and coordinated with the appropriate city, county, or state departments identified by the Zoning Administrator.

Trash or garbage generated by the temporary event shall be removed from the area and properly disposed of daily and within 24 hours after the activity or event has ceased to operate. The City may require a deposit or surety to cover the cost of cleaning the site and adjacent right-of-way.

Sufficient parking shall be provided. All parking areas shall be covered with gravel or similar material to produce an 'all-weather' surface. Drainage and runoff shall be controlled to the satisfaction of the Public Works Director.

In no case, shall any portable building create an obstruction to visibility as required by subsection 9-106.5, Visibility areas.

Any approval granted shall be for the proposed property and is not transferrable to another location.

The operator or sponsor of any approved temporary event shall obtain and display the required City, Wilson County, or Tennessee business or operations license.

Signs on multi-tenant sites or within centers shall be placed within 50 feet of the building entrance.

IV.

Temporary portable buildings. The temporary events listed in subsection II above may request and be approved to temporarily place portable buildings on the site. These portable buildings shall be placed and used only during the authorized time of the 'event' or other approved activity, subject to the restrictions herein, and further subject to all fire, building, and health requirements of the City of Mt. Juliet, or other governmental entity, in effect or applicable at the time. All required permits required from the building division or other agencies shall be obtained.

Except as expressly allowed and approved in this section, elsewhere in this ordinance or other City Codes, no portable building, or any other such structure shall be permitted on any parcel of land within the City. This shall not affect the right to park for storage purposes (not for habitation), an RV or boat on a residential property as provided for elsewhere in City Codes.

Temporary construction offices/trailers and construction sites.

In any district, a permit may be issued by the Building Official for a temporary portable building or structure to be used as a contractor's office or for other purposes incidental to an approved construction project. Such permit shall be valid for the duration of the project; which is defined as being until the completion of construction, cessation of construction work, or expiration of the temporary permit, whichever occurs first.

Construction sites shall be permitted to display a maximum of three temporary signs with a maximum height of six feet, and maximum size of 24 sq. ft. each, which signs may display the name of the Architect, Engineer, Contractor, proposed business, etc. All signs shall be removed upon cessation of construction work or the issuance of a certificate of occupancy, whichever occurs first.

Temporary dwelling unit in cases of special hardship. In any residential district, a temporary use permit may be issued to place a mobile home temporarily on a lot in which the principal structure was destroyed by fire, explosion or natural phenomena. The purpose of such temporary placement shall be to provide shelter for only the residents of the principal structure during the period of reconstruction and to prevent an exceptional hardship on the same. Placement of such temporary structure must not represent a hazard to the safety, health, or welfare of the community. An applicant for a temporary use permit as provided under this subsection must produce a written statement from the appropriate regulatory authority approving the water supply and sewage disposal systems of the temporary structure. Such a permit may be initially issued for nine months. A permit may be renewed for up to six months at a time, the total time for all permits not exceeding a total of 21 months.

Temporary real estate sales. Temporary conduct of a real estate sales office that is necessary and incidental to, and located on the site of a subdivision being developed into five or more lots shall be considered an accessory use.

General standards and conditions of approval applicable to all portable buildings.

The approval of portable buildings shall comply with all requirements in subsection III, General standards and conditions of approval applicable to temporary events, determined to be applicable by the approving authority.

Portable buildings shall be setback a minimum of 20 feet from any road right-of-way line and ten feet from any other property line. Supporting stakes/poles shall not extend beyond property boundaries. These requirements may be increased depending on the nature of the proposed event and adjacent uses.

In no case, shall any table, seat, display, tent, cart, wagon, trailer, vehicle, or portable building, occupy any required maneuvering, circulation, drainage, pedestrian, landscape area (with the exception of an open lawn area), or more than two parking spaces.

All temporary structures shall be certified as being in compliance with all applicable fire, building, health, life safety, and other regulations as may be in effect from time to time.

All portable buildings, including those used for mobile vending, shall be clean and in good working order, requiring no mechanical or cosmetic repairs.

If in the determination of the City an approved temporary event constitutes a threat to the public health, safety, and welfare, the City may consider revoking the permit for this location and/or the temporary event.

VI.

Signs for temporary uses and events.

Temporary events, buildings, and other activities contained herein may be allowed to display signs as provided in this [section] 3-106.

Additional regulations for temporary signs are contained in article XI of the Zoning Ordinance.

In the case of conflict between the sign regulations contained herein for temporary events or temporary buildings, and article XI, Sign Regulations, of the Zoning Ordinance, these regulations shall prevail.

In addition, signs for the temporary uses described in subsection 3-106.II, paragraphs A through G shall be permitted as follows:

Signs displayed on-site, advertising a temporary use or event, may include no more than two banners, not to exceed five feet in height for horizontal banners or ten feet in height for vertical banners, and no more than 32 square feet per banner, and one individual or group of balloons or inflatables shown as 'allowed' in subparagraph a. below. Signs shall not encroach into any right-of-way or road easement, be above a roof line, nor provide an obstruction to visibility. Examples of allowed and prohibited signs are illustrated in subparagraph a. below.

Examples of allowed and prohibited signs.

(Ord. No. 2001-34, 10-22-2001; Ord. of 10-23-2009, § 3-106; Ord. No. 2012-59, §§ 1, 2, 9-24-2012; Ord. No. 2013-54, § 1(Exh. A), 7-8-2013)

Sec. 3-107. - Small wireless communications facilities in the public right-of-way.

The following regulations apply to the deployment of small wireless facilities in the public right-of-way:

3-107.1. Purpose and intent.

Purpose. In accordance with Tennessee Code Annotated § 13-24-401, et seq, known as "Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018," the purpose of this chapter is to establish policies and procedures for the placement of small wireless facilities in the public right-of-way within the City's jurisdiction, which will provide public benefits consistent with the preservation of the integrity, safe usage, and visual qualities of the City's rights-of-way and to the City as a whole.

Intent. In enacting this section, the City is establishing uniform standards to address issues presented by small wireless facilities, including without limitation, to:

Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

Prevent interference with facilities and operations of such facilities lawfully located in public rights-of-way or public property;

Protect against environmental damage, including damage to trees;

Preserve the character of the neighborhoods, areas, and zones in which facilities are installed; and

Facilitate rapid deployment of small wireless facilities to provide the benefits of advanced wireless services.

Conflicts with other regulations. This Section supersedes all regulations adopted previously that are in conflict herewith, to the extent of such conflict.

3-107.2. Definitions.

Application. Except where definitions are specifically included in various articles and sections, words in the text or tables of this section 3-107 shall be interpreted in accordance with the provisions set forth in this section. Where words have not been defined, the standard dictionary definition shall prevail.

Terms defined. Aesthetic plan means any publicly available written resolution, regulation, policy, site plan, or approved plat establishing generally applicable aesthetic requirements within the City or designated area within the City. An aesthetic plan may include a provision that limits the plan's application to construction or deployment that occurs after adoption of the aesthetic plan. For purposes of this part, such a limitation is not discriminatory as long as all construction or deployment occurring after adoption, regardless of the entity constructing or deploying, is subject to the aesthetic plan;

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

Applicable codes means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this chapter.

Applicant means any person who submits an application pursuant to this part.

Application means a request submitted by an applicant to the City of Mt. Juliet:

For a permit to deploy or collocate small wireless facilities in the ROW; or

To approve the installation or modification of a Potential Support Structure (PSS) associated with deployment or collocation of small wireless facilities in the ROW;

Authority-owned PSS or City-owned PSS means a PSS owned or leased by the City in the rights-of-way, including (i) a utility pole that provides lighting or traffic control functions, including light poles, traffic signals, and structures for traffic cameras or signage; and (ii) a pole or similar structure owned/leased by the City in the rights-of-way that supports only wireless facilities. Authority-owed PSS does not include a PSS owned by a distributor of electric power, regardless of whether an electric distributor is investor-owned, cooperatively-owned, or government-owned.

City means City of Mt. Juliet, Tennessee.

Collocate, collocating, and collocation mean, in their respective noun and verb forms, to install, mount, maintain, modify, operate, or replace small wireless facilities on, adjacent to, or related to a PSS. "Collocation" does not include the installation of a new PSS or replacement of authority-owned PSS.

Communications facility means the set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide communications service.

Communications service means cable service as defined in 47 U.S.C. § 522(6), telecommunications service as defined in 47 U.S.C. § 153(53), information service as defined in 47 U.S.C. § 153(24) or wireless service.

Communications service provider means a cable operator as defined in 47 U.S.C. § 522(5), a telecommunications carrier as defined in 47 U.S.C. § 153(51), a provider of information service as defined in 47 U.S.C. § 153(24), a video service provider as defined in § 7-59-303, or a wireless provider.

Day means calendar day.

Fee means a one-time, non-recurring charge.

Micro wireless facility means a small wireless facility that:

Does not exceed 24 inches in length, 15 inches in width, and 12 inches in height; and

The exterior antenna, if any, does not exceed 11 inches in length.

Permittee means an applicant who has been granted a permit.

Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity.

Potential support structure for a small wireless facility or PSS means a pole or other structure used for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, including poles installed solely for the collocation of a small wireless facility. When "PSS" is modified by the term "new," then "new PSS" means a PSS that does not exist at the time the application is submitted, including, but not limited to, a PSS that will replace an existing pole. The fact that a structure is a PSS does not alone authorize an applicant to collocate on, modify, or replace the PSS until an application is approved and all requirements are satisfied pursuant to this part.

Rate means a recurring charge.

Residential neighborhood means an area within the City's geographic boundary that is zoned or otherwise designated by the City for general purposes as an area primarily used for single-family residences and does not include multiple commercial properties and is subject to speed limits and traffic controls consistent with residential areas.

Right-of-way or ROW means the space, in, upon, above, along, across, and over all public streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks under the control of the City, and any unrestricted public utility easement established, dedicated, platted, improved, or devoted for utility purposes and accepted as such public utility easement by the authority that are contiguous to paved roads, but excluding lands other than streets that are owned by the City.

Right-of-way use permit or permit means a permit for the construction or installation of wireless facilities, small wireless facilities, wireless backhaul facilities, fiber optic cable, conduit, and associated equipment necessary to install wireless facilities in the right-of-way.

Small wireless facility means a wireless facility with:

An antenna that could fit within an enclosure of no more than six cubic feet in volume; and

Other wireless equipment in addition to the antenna that is cumulatively no more than 28 cubic feet in volume, regardless of whether the facility is ground-mounted or pole-mounted. For purposes of this subdivision, "other wireless equipment" does not include an electric meter, concealment element, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, or a vertical cable run for the connection of power and other services; and

Small wireless facility includes a micro wireless facility;

Wireline backhaul facility means a communications facility used to transport communications services by wire from a wireless facility to a network;

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

Equipment associated with wireless communications; and

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration;

Wireless facility does not include:

The structure or improvements on, under, or within which the equipment is collocated;

Wireline backhaul facilities; or

Coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna; and

Wireless facility includes small wireless facilities.

Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or PSSs, but that is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any service using licensed or unlicensed spectrum, including the use of WIFI, whether at a fixed location or mobile, provided to the public.

Wireless services provider means a person who provides wireless services.

3-107.3. Permitted use; application and fees.

Permitted use. Collocation of a small wireless facility or installation of a new, replacement, or modified PSS shall be a permitted use, subject to the restrictions in this section.

Permit required. No person may construct, install, and/or operate wireless facilities that occupy the right-of-way without first obtaining a right-of-way use permit from the City. Any right-of-way use permit shall be reviewed, issued and administered in a non-discriminatory manner, shall be subject to such reasonable conditions as the City may from time to time establish for effective management of the right-of-way, and otherwise shall conform to the requirements of this section and applicable law.

Permit applications. All applications for right-of-way use permits filed pursuant to this chapter shall be on a form, paper or electronic, provided by the City. The applicant may include up to 20 small wireless facilities within a single application. The applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly.

Application requirements. The application shall be made by the wireless provider or its duly authorized representative and shall contain the following:

The applicant's name, address, telephone number, and e-mail address;

The names, addresses, telephone numbers, and e-mail addresses of all consultants, contractors and subcontractors, if any, acting on behalf of the applicant with respect to the filing of the application or who may be involved in doing any work on behalf of the applicant;

A site plan for each proposed location with a diagram or engineering drawing depicting the design for installation of the small wireless facility with sufficient detail for the City to determine that the design of the installation and any new PSS or any modification of a PSS is consistent with all generally applicable safety and design requirements.

The location of the site(s), including the latitudinal and longitudinal coordinates of the specific location(s) of the site;

Identification of any third party upon whose PSS the applicant intends to collocate and certification by the applicant that it has obtained approval from the third party;

The applicant's identifying information and the identifying information of the owner of the small wireless facility and certification by the applicant or the owner that such person agrees to pay applicable fees and rates, repair damage, and comply with all nondiscriminatory and generally applicable ROW requirements for deployment of any associated infrastructure that is not a small wireless facility and the contact information for the party that will respond in the event of an emergency related to the small wireless facility;

The applicant's certification of compliance with surety bond, insurance, or indemnification requirements (as set forth in Section 3-107.9 below); rules requiring maintenance of infrastructure deployed in ROW; rule requiring relocation or timely removal of infrastructure in ROW no longer utilized; and any rules requiring relocation or repair procedures for infrastructure in ROW under emergency conditions, if any, that the City imposes on a general and non-discriminatory basis upon entities that are entitled to deploy infrastructure in ROW no longer utilized; and any rules requiring relocation or repair procedures for infrastructure in ROW under emergency conditions, if any, that the City imposes on a general and non-discriminatory basis upon entities that are entitled to deploy infrastructure in the ROW; and

The applicant's certification that the proposed site plan and design plans meet or exceed all applicable engineering, materials, electrical, and safety standards, including all standards related to the structural integrity and weight-bearing capacity of the PSS and small wireless facility. Those standards relevant to engineering must be certified by a licensed professional engineer.

A statement that all wireless facilities shall comply with all applicable codes.

Approval or denial of application; response time. The City responds to the applications for permit per the timelines prescribed in federal law and in T.C.A. Section 13-24-409(b), as may be amended, regarding the approval or denial of applications, and the City shall respond to applications per the specific requirements of T.C.A. Section 13-24-409(b)(3), as may be amended. The City reserves the right to require a surcharge as indicated in T.C.A. Section 13-24-409(b)(7)(F)(i), as may be amended, for high-volume applicants.

Deployment after permit. An applicant must complete deployment of the applicant's small wireless facilities within nine months of approval of applications for the small wireless facilities unless the City and the applicant agree to extend the period, or a delay is caused by a lack of commercial power or communications transport facilities to the site. If an applicant fails to complete deployment within the time required pursuant to this subsection, then the City may require that the applicant complete a new application and pay a new application fee.

Multiple permit applications at same location. If the City receives multiple applications seeking to deploy or collocate small wireless facilities at the same location in an incompatible manner, then the City may deny the later filed application.

Bridge and/or overpass special provision. If the applicant's site plan includes any collocation design that includes attachment of any facility or structure to a bridge or overpass, then the applicant must designate a safety contact. After the applicant's construction is complete, the applicant shall provide to the safety contact a licensed professional engineer's certification that the construction is consistent with the applicant's approved design, that the bridge or overpass maintains the same structural integrity as before the construction and installation process, and that during the construction and installation process neither the applicant nor its contractors have discovered evidence of damage to or deterioration of the bridge or overpass that compromises its structural integrity. If such evidence is discovered during construction the applicant shall provide notice of the evidence to the safety contact.

Information updates. Except as otherwise provided herein, any amendment to information contained in a permit application shall be submitted in writing to the City within 30 days after the change necessitating the amendment.

10.

Application fees. Unless otherwise provided by law, all permit applications for small wireless facility pursuant to this section shall be accompanied by a fee in accordance with T.C.A.13-24-407. This fee shall be $200.00 for the first application by any entity, and thereafter the fee shall be $100.00 each for the first five small wireless facilities and $50.00 each for additional small wireless facilities included in a single application.

3-107.4. Facilities in the ROW; maximum height; other requirements.

Aesthetic plan. Unless otherwise determined by city staff, in an attempt to blend into the built environment, all small wireless facilities, new or modified utility poles, PSSs for the collocation of small wireless facilities, and associated equipment shall be consistent in size, mass, shape, and color to similar facilities and equipment in the immediate area, and its design for the PSS shall meet the adopted aesthetic plan, subject to following requirements:

Collocation is recommended, when possible. Should the wireless provider not be able to collocate, the wireless provider shall provide justification in the application.

When unable to match the design and color of existing utility poles/PSSs in the immediate area small wireless facilities and/or new PSSs should be designed using stealth or camouflaging techniques, to make the installation as minimally intrusive as possible including stealth poles that are black or bronze in color, powder-coated and that do not exceed 16 inches in diameter. The City reserves the right to request a street light on the PSS.

When an applicant seeks to deploy a small wireless facility, and associated equipment, within a residential neighborhood, then the applicant must deploy the facility in the right of way within 25 feet of the property boundaries separating residential lots larger than 0.75 acres and within 15 feet of the property boundaries separating residential lots if lots are 0.75 acres or smaller.

New small wireless facilities, antennas, and associated equipment shall be consistent in size, mass, and color to similar facilities and equipment in the immediate area of the proposed facilities and equipment, minimizing the physical and visual impact to the community.

Compliance with underground facilities. Subject to waivers as determined by the Mt. Juliet Regional Planning Commission, an applicant must comply with existing requirements to place all electric, cable, and communications facilities underground in a designated area of a ROW, as determined by any applicable Mt. Juliet regulations.

Replacing an existing City-owned PSS. City-owned PSS may be replaced for the collocation of small wireless facilities. When replacing a PSS, any replacement PSS must reasonably conform to the design aesthetics of the PSS being replaced, and must continue to be capable of performing the same function in a comparable manner as it performed prior to replacement.

When replacing a City-owned PSS, the replacement PSS becomes the property of the City, subject to T.C.A. 13-24-408(g), as may be amended.

The City reserves the right to require a street light on the new PSS.

Maximum height. A new PSS installed or an existing PSS replaced in the ROW shall not exceed the greater of:

Ten feet in height above the tallest existing PSS in place as of the effective date of this part that is located within 500 feet of the new PSS in the ROW and, in residential neighborhoods, the tallest existing PSS that is located within 500 feet of the new PSS and is also located within the same residential neighborhood as the new PSS in the ROW;

Fifty feet above ground level; or

For a PSS installed in a residential neighborhood, 40 feet above ground level.

Maximum height for small wireless facilities. Small wireless facilities shall not extend:

More than ten feet above an existing PSS in place as of the effective date of this part; or

On a new PSS, ten feet above the height permitted for a new PSS under this section.

Suspended small wireless facilities. No application, fee, rate, and/or approval is required for the installation, placement, maintenance, operation, or replacement of a micro wireless facility that is suspended on cables that are strung between existing PSSs, in compliance with the National Electrical Safety Code as set out in T.C.A. Section 68-101-104.

Construction in the rights-of-way. All construction, installation, maintenance, and operation of wireless facilities in the right-of-way by any wireless provider shall conform to the requirements of the following publications, as from time to time amended: The Rules of Tennessee Department of Transportation Right-of-Way Division, the National Electrical Code, and the National Electrical Safety Code, as might apply.

Mt. Juliet Regional Planning Commission approval. Generally applications can be approved by the zoning administrator or his/her designee. Unless otherwise provided in this ordinance, the Mt. Juliet Regional Planning Commission approval shall be required for:

Any wireless provider that seeks to construct or modify a PSS or wireless facility that is determined to not comply with the height, diameter, design, color standards and expectations set forth in subsections 1-7 above.

New PSSs shall not be permitted to be installed in the rights-of-way in areas in which no utility poles, streetlight poles, or PSSs exist at the time of application without prior approval by the Mt. Juliet Regional Planning Commission.

Additional criteria. Any regulation regarding the location, type, and/or design of small cell facilities and utility poles shall be subject to change.

3-107.5. Effect of permit.

Authority granted; no property right or other interest created. A permit authorizes an applicant to undertake only certain activities in accordance with this section and does not create a property right or grant authority to the applicant to impinge upon the rights of others who may already have an interest in the rights-of-way.

3-107.6. Maintenance, removal, relocation or modification of small wireless facility and fiber in the ROW.

Notice. Within 90 days following written notice from the City, the permittee shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities and support structures within the rights-of-way whenever the City has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the City in or upon, the rights-of-way. The City agrees to use good faith efforts to accommodate any such disconnection, removal, relocation, change, or alteration and to assist with identifying and securing a mutually agreed upon alternative location.

Maintenance of existing facilities. With respect to each wireless facility installed pursuant to a right-of-way use permit, permittee is hereby permitted to enter the right-of-way at any time to conduct repairs, maintenance or replacement not substantially changing the physical dimension of the wireless facility. Permittee shall comply with all rules, standards and restrictions applied by the City to all work within the right-of-way. If required by city, permittee shall submit a "maintenance of traffic" plan for any work resulting in significant blockage of the right-of-way. However, no excavation or work of any kind may be performed without a permit, except in the event of an emergency. In the event of emergency, permittee shall attempt to provide advance written or oral notice to the public works director.

Removal of existing facilities. If the permittee removes any wireless facilities, it shall notify the City of such change within 60 days.

Damage to facilities or property. A permittee, including any contractor or subcontractor working for a permittee, shall avoid damage to any wireless facilities and/or public or private property. If any wireless facilities and/or public or private property are damaged by permittee, including any contractor or subcontractor working for permittee, the permittee shall promptly commence such repair and restore (to a comparable or better condition) such property within ten business days unless such time period is extended by the public works director or his designee. Permittee shall utilize the Tennessee One Call System prior to any disturbance of the rights-of-way and shall adhere to all other requirements of the Tennessee Underground Utility Damage Prevention Act.

Emergency removal or relocation of facilities. The City retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the City, as the City may determine to be necessary, appropriate or useful in response to any serious public health or safety emergency. If circumstances permit, the City shall notify the wireless provider in writing and provide the wireless provider a reasonable opportunity to move its own wireless facilities prior to cutting or removing a wireless facility and shall notify the wireless provider after cutting or removing a wireless facility. Any removal shall be at the wireless providers sole cost. Should the wireless facility be collocated on property owned by a third-party, the City shall rely on the third-party to remove the wireless facility and shall be provided adequate notice and time to facilitate such removal.

Abandonment of facilities. Upon abandonment of a small wireless facility within the rights-of-way of the City, the wireless provider shall notify the City within 90 days. Following receipt of such notice the City may direct the wireless provider to remove all or any portion of the small wireless facility if the City reasonably determines that such removal will be in the best interest of the public health, safety and welfare. Should the wireless facility be collocated on property owned by a third-party, the City shall rely on the third-party to remove the wireless facility and shall be provided adequate notice and time to facilitate such removal. Any removal shall be at the wireless providers sole cost.

3-107.7 Public right-of-way rates—Attachment to city-owned/leased PSSs and new PSSs installed within the public right-of-way or city-owned/leased property.

Annual rate. The rate to place a small wireless facility on a city-owned or leased PSS in the right-of-way shall be $100.00 per year for all city-owned or leased PSSs in the rights-of-way. All equipment attached to a city-owned pole shall constitute a single attachment and therefore a single use of a city-owned PSS. Such compensation, for the first year or for any portion thereof, together with the application fee specified in this chapter shall be the sole compensation that the wireless provider shall be required to pay the City. This rate will be due January 1 of each year of the permit.

A wireless provider authorized to place a new PSS within public right-of-way on city-owned or leased property shall pay to the City for use of the right-of-way or property in the amount of $100.00. This rate will be due January 1 of each year of the permit.

3-107.8. Remedies; violations.

In the event a reasonable determination is made that a person has violated any provision of this section, or a right-of-way use permit, such person shall be provided written notice of the determination and the specific, detailed reasons therefor. Except in the case of an emergency, the person shall have 30 days to cure the violation. If the nature of the violation is such that it cannot be fully cured within such time period, the City, in its reasonable judgment, may extend the time period to cure, provided that the person has commenced to cure and is diligently pursuing its efforts to cure. If the violation has not been cured within the time allowed, the City may take all actions authorized by this chapter and/or Tennessee law and regulations.

3-107.9. General provisions.

Insurance. Each permittee shall, at all times during the entire term of the right-of-way use permit, maintain and require each contractor and subcontractor to maintain insurance with a reputable insurance company authorized to do business in the State of Tennessee and which has an A.M. Best rating (or equivalent) no less than "A" indemnifying the City from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, installation, operation, maintenance or removal of permittee's wireless facilities in the rights-of-way. The amounts of such coverage shall be not less than the following:

Worker's compensation and employer's liability insurance. Tennessee statutory requirements.

Comprehensive general liability. Commercial general liability occurrence form, including premises/operations, independent contractor's contractual liability, product/completed operations; X, C, U coverage; and personal injury coverage with limits no less than $1,000,000.00 per occurrence, combined single limit, and $2,000,000.00 in the aggregate.

Commercial automobile liability. Commercial automobile liability coverage for all owned, non-owned and hired vehicles involved in operations under this section with limits no than $1,000,000.00 per occurrence combined single limit each accident.

Commercial excess or umbrella liability. Commercial excess or umbrella liability coverage may be used in combination with primary coverage to achieve the required limits of liability.

The City shall be designated as an additional insured under each of the insurance policies required by this section except worker's compensation and employer's liability insurance. Permittee shall not cancel any required insurance policy without obtaining alternative insurance in conformance with this section. Permittee shall provide the City with at least 30 days' advance written notice of any material changes or cancellation of any required insurance policy, except for non-payment of premium of the policy coverages.

Permittee shall impose similar insurance requirements as identified in this section on its contractors and subcontractors.

Indemnification. Each permittee, its consultant, contractor, and subcontractor, shall, at its sole cost and expense, indemnify, defend and hold harmless the City, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the permittee, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of permittee's wireless system or wireless facilities in the rights-of-way. Each permittee shall defend any actions or proceedings against the City in which it is claimed that personal injury, including death, or property damage was caused by the permittee's construction, installation, operation, maintenance or removal of permittee's wireless system or wireless facilities in the rights-of-way. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other reasonable costs of indemnification.

As-built maps. As the City controls and maintains the right-of-way for the benefit of its citizens, it is the responsibility of the City to ensure that such public right-of-way meet the highest possible public safety standards. Upon request by the City and within 30 days of such a request, a permittee shall submit to the engineering department (or shall have otherwise maintained on file with the department) as-built maps and engineering specifications depicting and certifying the location of all its existing small wireless facilities within the right-of-way, provided in standard electronic or paper format in a manner established by the director of engineering, or his or her designee. Such maps are, and shall remain, confidential documents and are exempt from public disclosure under the Tennessee Public Records Act (Tennessee Code Annotated, § 10-7-101 et seq.) to the maximum extent of the law. After submittal of the as-built maps as required under this section, each permittee having small wireless facilities in the City right-of-way shall update such maps as required under this chapter upon written request by the City.

Right to inspect. With just and reasonable cause, the City shall have the right to inspect all of the small wireless facilities, including aerial facilities and underground facilities, to ensure general health and safety with respect to such facilities and to determine compliance with the terms of this chapter and other applicable laws and regulations. Any permittee shall be required to cooperate with all such inspections and to provide reasonable and relevant information requested by the City as part of the inspection.

Proprietary information. If a person considers information it is obligated to provide to the City under this chapter to be a business or trade secret or otherwise proprietary or confidential in nature and desires to protect the information from disclosure, then the person shall mark such information as proprietary and confidential. Subject to the requirements of the Tennessee Public Records Act (Tennessee Code Annotated, § 10-7-101 et seq.) as amended, and other applicable law, the City shall exercise reasonable good faith efforts to protect such proprietary and confidential information that is so marked from disclosure to the maximum extent of the law. The City shall provide written notice to the person in the following circumstances: i) if the City receives a request for disclosure of such proprietary and confidential information and the City attorney determines that the information is or may be subject to disclosure under applicable law; or ii) if the City attorney determines that the information should be disclosed in relation to its enforcement of this chapter or the exercise of its police or regulatory powers. In the event the person does not obtain a protective order barring disclosure of the information from a court of competent jurisdiction within 30 days following receipt of the City's notice, then the City may disclose the information without further written notice to the person.

Duty to provide information. Within ten days of a written request from the City, a permittee shall furnish the City with information sufficient to demonstrate the following: that the permittee has complied with all requirements of this chapter; that all fees due to the City in connection with the services provided and wireless facilities installed by the permittee have been properly paid by the permittee; and any other information reasonably required relating to the permittee's obligations pursuant to this chapter.

No substitute for other required permissions. No right-of-way use permit includes, means, or is in whole or part a substitute for any other permit or authorization required by the laws and regulations of the City for the privilege of transacting and carrying on a business within the City or any permit or agreement for occupying any other property of the City.

No waiver. The failure of the City to insist on timely performance or compliance by any permittee holding a right-of-way use permit shall not constitute a waiver of the City's right to later insist on timely performance or compliance by that permittee or any other permittee holding such right-of-way use permit. The failure of the City to enforce any provision of this chapter on any occasion shall not operate as a waiver or estoppel of its right to enforce any provision of this chapter on any other occasion, nor shall the failure to enforce any prior ordinance or City Charter provision affecting the right-of-way, any wireless facilities, or any user or occupant of the right-of-way act as a waiver or estoppel against enforcement of this chapter or any other provision of applicable law.

Policies and procedures. The City is authorized to establish such written policies and procedures consistent with this chapter as the City reasonably deems necessary for the implementation of this chapter.

10.

Police powers. The City, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the City under applicable federal, state and local laws and regulations.

11.

Severability. If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this chapter invalid.

(Ord. No. 2019-38, § 1, 8-12-2019)

Sec. 3-108. - Temporary events, mobile food service vehicle operations for residential and industrial districts.

Definitions. The following definitions shall apply to the requirements of this section and are not intended to have general application to the Zoning Ordinance or other City regulations. Further, any uses permitted by this section 3-108 are not subject to sections 3-102, 3-103, or 3-106 of the Zoning Ordinance. This section 3-108 shall not apply to uses listed elsewhere in the Zoning Ordinance.

Amenity center: A recreational facility including, but not limited to, clubhouse, pool, playground, open space, etc. for the use of private residents or homeowners associations and their guests.

Canteen truck: means a vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical; from which the operator sells food and beverages that require no on-site preparation or assembly other than the heating of pre-cooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen trucks may include fruits, vegetables, pre-cooked foods such as hot dogs, pre-packaged foods and pre-packaged drinks.

Commissary: means an establishment or facility in a fixed location that is used for the storage of supplies for a mobile food service vehicle, the preparation of food to be sold or served at a mobile food service vehicle, or the cleaning or servicing of a mobile food service vehicle or the equipment used in conjunction with a mobile food service vehicle.

Edible food products: means those products that are ready for immediate consumption, including prepackaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption.

Food truck: means a vehicle from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided further that food trucks may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food truck operators may market their products to the public via advertising, including social media.

Ice cream truck: means a vehicle from which the operator sells only pre-packaged frozen dairy or water-based food products and pre-packaged beverages. For purposes of this article, a non-motorized cart from which such products are sold shall be considered an ice cream truck.

Location: means any single property parcel or any combination of contiguous parcels that are owned or controlled by a single entity or affiliated entities.

Major road: For the purposes of this section, major roads are: North and South Mt. Juliet Rd. (State Hwy. 171), Old Lebanon Dirt Road, Division Street, Adams Lane (from Mt. Juliet Road to Crossings Blvd.), Providence Parkway, Belinda Parkway (east to Providence Trail), Central Pike, Beckwith Road, Nonaville Road, Golden Bear Gateway, and Lebanon Road (US Highway 70), or any road classified as an arterial street in the major thoroughfare plan, as amended. Staff reserves the right to revise this list as deemed necessary.

Mobile food service vehicle: a food truck, canteen truck or ice cream truck and includes any portable unit that is attached to a motorized vehicle and intended for use in the operation of a food truck, canteen truck or ice cream truck.

Mobile vendor: shall mean a person, corporation, company, or business that sells or offers for sale new goods, wares, merchandise, beverages or food stuffs of any kind or nature whatsoever from cart, or other mobile vehicle designed for preparing or selling these products.

Mobile food vendor: means a mobile vendor which operates a mobile food service vehicle.

Mobile food vendor permit: means a permit issued by the City for the operation of a mobile food service vehicle.

Neighborhood community event means a non-commercial event located within a residential subdivision which may be open to the public and which is approved by the Planning Director/City Administrator by permit. Community events are to be held on private property within residential developments. A neighborhood community event must be determined by the Planning Director/City Administrator to provide an overall community benefit and must be sponsored by the HOA or a group of homeowners or other organization, not one individual.

Operate: means to sell food, beverages, and other permitted items from a mobile food service vehicle and includes all tenses of the word.

Operator: means any person operating or permitted to operate a mobile food service vehicle.

Permit Administrator: means the City's Planning and Codes Director or a person designated by the Planning and Codes Director to oversee the issuance, suspension and revocation of mobile food vendor permits and food truck rally permits.

Portable building: Includes, but is not limited to, recreational vehicles, tents, carts, kiosks, and construction trailers.

Portable toilet: A portable or mobile toilet can be moved around and typically doesn't require existing infrastructure.

Temporary event/use: An activity limited in duration, as defined herein, that does not require the issuance of a regular City of Mt. Juliet business tax license. In this context the term event and use is used interchangeably.

Vehicle: means every device in, upon or by which any person or property may be transported or drawn upon a street, including devices moved by human power.

II.

Mobile food service vehicle operations. The City recognizes the practical benefits of allowing mobile food vendors to operate within City limits and hereby establishes these regulations for their operation and for the health, safety, and welfare of the public.

Generally. It is a violation to operate a mobile food service vehicle at any location except in compliance with the requirements of this article.

Mobile food service vehicle operators must comply with all federal, state and local licensing and permitting regulations and all business tax, sales tax and other tax requirements.

The Planning Director, or their designee is hereby authorized to promulgate rules and regulations supplemental to the provisions herein for the purpose of carrying out the administration and enforcement of such provisions.

Locations and hours of operation.

Food trucks.

Right-of-way/public property. Food trucks may not operate within the public right-of-way or on any City property except as may be specifically allowed by the City. When allowed in the public right-of-way, a food truck must be positioned so as to comply with the requirements of this ordinance. Food trucks may not operate on property owned by a public entity other than the City unless specifically allowed by such public entity. No unattended food truck shall be left at any time in the right-of-way or parked on any other public property overnight.

Private property. A food truck with a current mobile food vendor permit may operate on private property in any residential or industrial zone, subject to the following conditions:

Permission. Food trucks selling to the public from private property shall have the written permission of the property owner, which shall be made available to the City immediately upon request.

ii.

Unimproved properties. Regardless of any agreement with the owner of the property, a food truck may not operate on an unimproved parcel. For purposes of this section, a parcel is considered "improved" if it contains a building that may be occupied pursuant to applicable building codes.

iii.

Maximum number of food trucks. No more than two mobile food service vehicles may operate at any one location.

iv.

Placement on lot. Food truck operations, including any canopies, signage, equipment, and seating areas, may not occupy more than four parking spaces per food truck. Food trucks not parked within designated parking spaces shall not block fire lanes, designated traffic lanes or ingress or egress to or from a building or street.

Residential neighborhoods. In residentially zoned districts with open space/amenity center, food truck(s) must operate at the amenity area. For residentially zoned districts without open space or amenity centers, food trucks may park on private property on non—collector streets. Neighborhood community events are restricted to no more than two consecutive days and are limited to 12 neighborhood community events per year.

vi.

Public restrooms. If a mobile food service vendor is operating in the same location for more than four consecutive hours, ADA compliant public restrooms shall be made available. Should the HOA, allow amenity center usage, a signed restroom accessibility agreement is required for access of facilities within 450 feet of the vending location. For developments without HOA/amenity centers, ADA compliant portable toilets shall be required, within 450 feet of the vending location. For industrial districts, a signed restroom accessibility agreement is required for access of facilities within 450 feet of the vending location, or provide ADA compliant portable toilets.

Hours of operation. In residentially zoned districts food trucks may operate beginning at 3:00 p.m. and ending at 10:00 p.m. Monday -Friday and 10:00 a.m.—10:00 p.m. Saturday and Sunday, unless otherwise restricted by the operator's mobile food vendor permit or by the property owner. In industrially zoned areas utilized for warehousing and distribution, food trucks may operate during all shifts due to the nature of these businesses, however proposed operation times are subject to City approval.

Canteen trucks.

Canteen trucks may not operate within any other public right-of-way or on any City property except as may be specifically allowed by the City. When allowed in the public right-of-way, a canteen truck must be positioned so as to comply with the requirements of this ordinance. Canteen trucks may not operate on property owned by a public entity other than the City unless specifically allowed by such public entity. No unattended canteen truck shall be left at any time in the right-of-way or parked on any other public property overnight.

Private property. A canteen truck with a current mobile food vendor permit may operate in any residential or industrial zone on private property, subject to the following conditions:

Permission. Canteen trucks operating on private property shall have the written permission of the property owner, which shall be made available to the City immediately upon request.

ii.

Placement on lot. Canteen trucks shall not block fire lanes, designated traffic lanes or ingress or egress to or from a building or street.

iii.

Maximum number of trucks. No more than two mobile food service vehicles may operate at any one location.

iv.

Placement on lot. Food truck operations, including any canopies, signage, equipment and seating areas, may not occupy more than four parking spaces per food truck. Food trucks not parked within designated parking spaces shall not block fire lanes, designated traffic lanes or ingress or egress to or from a building or street.

vi.

Hours of operation. Canteen trucks may operate beginning at 3:00 p.m. ending at 10:00 p.m. Monday—Friday and 10:00 a.m. and ending at 10:00 p.m. on Saturday and Sunday unless otherwise restricted by the operator's mobile food vendor permit. In industrially zoned areas utilized for warehousing/distribution, canteen trucks may operate during all shifts due to the nature of these businesses, however proposed operation times are subject to City approval.

Ice cream trucks.

Right-of-way/public property. An ice cream truck with a current mobile food vendor permit may operate from the right-of-way at any one location for no more than 15 minutes before relocating to another location not less than one-quarter mile from the previous location. When operating in the public right-of-way, an ice cream truck must be positioned so as to comply with the requirements of this ordinance. Ice cream trucks may not operate on any other property owned by the City or another public entity except as may be specifically allowed by the City or other public entity. No unattended ice cream truck shall be left at any time in the right-of-way or parked on any other public property overnight.

Private property. An ice cream truck with a current mobile food vendor permit may operate on private property in any residential or industrial zone, subject to the following conditions:

Permission. Ice cream trucks operating on private property shall have the written permission of the property owner, which shall be made available to the City immediately upon request.

ii.

Unimproved properties. Regardless of any agreement with the owner of the property, an ice cream truck may not operate on an unimproved parcel. For purposes of this section, a parcel is considered "improved" if it contains a building that may be occupied pursuant to applicable building codes.

iii.

Placement on lot. Ice cream trucks shall not block fire lanes, designated traffic lanes or ingress and egress to and from a building or street.

iv.

Maximum number of trucks. No more than two mobile food service vehicles may operate at any one location.

Hours of operation. Ice cream trucks may operate in residentially zoned and industrially zoned districts beginning at 11:00 a.m. and ending at sunset unless otherwise restricted by the operator's mobile food vendor permit.

Operating requirements.

Vehicle requirements.

Design and construction. Mobile food service vehicles must be specifically designed and constructed for the purpose of preparation and sale of the specific type of food being sold and may not operate in any manner that is not compatible with the purpose for which the vehicle has been designed and constructed.

Licensing. Mobile food service vehicles must be licensed and equipped in accordance with the rules and regulations of all local, state and federal agencies having jurisdiction over such vehicles. The preparation and sale of food from mobile food service vehicles must comply with all applicable local, state and federal laws and regulations.

Right-of-way.

Mobile food service vehicles other than ice cream trucks may not operate, stop, stand or park in any area of the right-of-way that is intended for use by vehicular travel, except in the event of a street closure for a special event. Mobile food service vehicles, including ice cream trucks, may not operate, stop, stand or park that in any way violates the provisions of City codes, impedes the flow of traffic, interferes with ingress or egress to or from any property or presents an unsafe condition for patrons, pedestrians or other vehicles.

Mobile food service vehicles shall park facing the same direction as traffic, at a distance of no more than 18 inches between the curb face or edge of pavement and with the service window of the vehicle facing the curb or edge or pavement.

Business access. No mobile food service vehicle may operate in a location that:

Impedes the ingress to or egress from another business or otherwise causes undue interference with access to another business; or

Blocks the lawfully placed signage of another business.

Prevents access to another business by emergency vehicles.

Pedestrians. If on or adjacent to a sidewalk, the components of a mobile food service vehicle's operations, including signage, seating areas and patron queue may not reduce the clear pedestrian path of travel on the sidewalk to less than six feet. All awnings or canopies of the vehicle shall be at least six feet, eight inches above the sidewalk.

Distance between units. A mobile food service vehicle may not operate within three feet of any other mobile food service vehicle.

Safety and fire prevention. All cooking, heating and electrical equipment and all cooking practices must comply with applicable safety regulations, including applicable fire and electrical codes and any other safety requirements imposed by the City's Fire Department. No cooking equipment other than a heating apparatus compliant with applicable safety regulations may be used in a canteen truck. No cooking or heating equipment may be used in an ice cream truck. All mobile food service vehicles must be equipped with fire extinguishers that are inspected annually and certified as meeting National Fire Protection Association standards. No power cord, cable or equipment shall be extended across any public street, sidewalk or other public property.

Noise. No sounds that are prohibited by City codes may be produced by a mobile food service vendor's operations.

Lights. No mobile food service vehicle shall emit light, other than lights provided from the factory to be used for operating the vehicle at night, nor shall any mobile food service vendor use lighting to draw attention to the mobile food service vehicle operations

Support methods. No mobile food service vendor may use stakes, rods or any other method of support related to the mobile food service vehicle's operation that must be drilled, driven or otherwise fixed into or onto asphalt, pavement, curbs, sidewalks or buildings.

10.

Spills. To prevent discharges into waterways, drainage systems or public sewer systems, each mobile food service vehicle shall comply with all stormwater regulations of the City and all regulations regarding prohibited discharges to public sewers. In addition, each vehicle shall have a spill response plan to contain and remediate any discharge from the vehicle.

11.

Waste collection. The area in which a mobile food service vehicle operates must be kept neat and orderly at all times. Operation of a mobile food service vehicle in an area is deemed acceptance by the operator of the responsibility for cleanliness of the area surrounding the operations (not less than 50 feet from all parts of the vehicle) regardless of the occurrence or source of any waste in the area. During each period of operation at a location, the operator must provide proper trash receptacles for public use that are sufficient and suitable to contain all trash generated by the mobile food service vehicle. All trash receptacles must be emptied when full, and all waste must be removed prior to departure of a mobile food service vehicle from a location.

12.

Pedestrian service only. Mobile food service vehicles shall serve pedestrians only. Drive-through or drive-in service is prohibited.

13.

Signage. Signage for each mobile food service vehicle shall be limited to signs on the exterior or interior of the vehicle and one sandwich board sign. All signs on the exterior of the vehicle shall be secured and shall not project more than six inches from the vehicle. One sandwich board sign may be placed outside the mobile food service vehicle, provided that the base of a sandwich board sign must be placed no further than two feet beyond the mobile food service vehicle. Sandwich board signs shall not exceed eight square feet per side or 48 inches in height and shall not obstruct or impede pedestrian or vehicular traffic.

14.

Alcohol sales. Food trucks may not sell alcoholic beverages, except as may be specifically allowed by applicable state law and City ordinance. Canteen trucks and ice cream trucks are prohibited from selling alcoholic beverages.

15.

Insurance.

Mobile food service vehicles must maintain all motor vehicle insurance coverage required by applicable state and federal laws and regulations.

Mobile food service vehicles operating on City property other than the right-of-way shall at all times maintain such further insurance coverage as may be required by the City Manager. In the event the required coverage is not properly maintained, permission to operate on City property will be immediately revoked.

16.

Exterior cooking equipment. Any food preparation equipment outside of the mobile food service vehicle shall not obstruct vehicular or pedestrian traffic, and the use and operation of such equipment shall not create safety hazards for the public. Food shall not be served to customers directly from any outside food preparation equipment. Any smoker or other exterior equipment that generates heat shall be surrounded with at least three traffic safety cones.

17.

Commissary. A commissary, as defined in this article, shall not be located in any residential zoning district unless permitted as a home occupation in compliance with code requirements.

18.

Overnight parking. Mobile food service vehicles shall not be parked overnight on property where operations of food vending occurs.

Mobile food vendor permits.

Required. The designated Permit Administrator shall oversee the issuance, suspension and revocation of mobile food vendor permits. No mobile food service vehicle may operate within the City without a mobile food vendor permit issued by the City. A mobile food vendor permit authorizes the holder only to engage in the vending of products from a mobile food service vehicle in compliance with this ordinance and as specified on the permit. The mobile food vendor permit must be prominently displayed when the mobile food service vehicle is in operation. This section shall not apply to contractual arrangements between a mobile food service vehicle operator and any individual, group or entity for pre-arranged catering at a specific location for a period of not more than four hours, provided that the mobile food service vehicle is not open to or serving the general public.

Application. In order to obtain a mobile food vendor permit, a mobile food service vehicle operator must complete an application form provided by the City. The application shall include the following information:

Name and address of the owner of the vehicle.

ii.

Name and address of the operator of the vehicle.

iii.

Color photographs of the exterior (front, side, and back) of the vehicle in its final condition and with all markings under which it will operate.

iv.

A copy of the vehicle license and registration form reflecting the vehicle identification number (VIN) of the vehicle.

A copy of the state or county health department license or permit applicable to mobile food providers.

vi.

A copy of any alcoholic beverage licenses, if applicable.

vii.

A copy of the operators business license.

viii.

A certificate of insurance coverage, including required motor vehicle insurance coverage.

ix.

A signed acknowledgement that the operator has read this article and will comply with all applicable requirements herein.

Property owner permission, in writing.

xi.

Any additional information required by the Permit Administrator.

Submittal of an application for a mobile food vendor permit must be accompanied by payment of an application fee in the amount of $100.00 per year per mobile food service vehicle.

Each mobile food vendor permit holder shall have an ongoing duty to provide the City with notice of any change to any of the information submitted with its permit application, including current photographs of the mobile food service vehicle in the event of any change in the appearance of or signage on the vehicle.

Issuance. A mobile food vendor permit shall be issued upon verification that an application has been completed in accordance with the requirements of this section, except that no such permit will be issued to an operator whose permit is currently suspended or has been revoked within the preceding 12 months, or to any person who intends to operate the same mobile food service vehicle for which the operator's permit is currently suspended or has been revoked within the preceding 12 months. If the Permit Administrator denies the application, such denial shall be in writing and provided to the applicant within 15 days of receipt of the application.

Expiration. The fee for renewal shall be the same as the application fee for a new mobile food vendor permit once the existing permit has expired.

Transferability. A mobile food vendor permit may not be transferred except as part of the sale of a controlling interest in a business holding the permit or a sale of substantially all of the assets of a business holding the permit. The operator of the mobile food service vehicle shall notify the City within ten days of any such sale and shall update any information that has been changed since the submittal of the application for the mobile food vendor permit.

Enforcement.

Citation. Each of the following circumstances constitute a violation of this ordinance, for which a citation may be issued by a codes enforcement officer, the Permit Administrator or police officer of the City:

Operation of a mobile food service vehicle without a current, valid permit, provided further that each day and each separate location at which a mobile food service vehicle operates without a current, valid permit shall be considered a separate violation.

Failure to comply with this section 3-108 or any other provision of the Zoning Code or City Code, except sections 3-102, 3-103, and 3-106 of the Zoning Ordinance.

Responsibility for violations. The City codes enforcement officers, Permit Administrator and police officers may, at their discretion in consideration of the situation, cite any of the individuals or entities listed below for any violation of the provisions of this ordinance:

The operator of a mobile food service vehicle.

An employee working at a mobile food service vehicle.

The owner of the property on which a mobile food service vehicle is operated.

Suspension of permit. A mobile food vendor permit shall be suspended by the Permit Administrator if:

The applicant for the permit knowingly provides false information on the application.

Two violations of this article occur within a six-month period in conjunction with the mobile food service vehicle for which the permit has been issued.

The operator of a mobile food service vehicle fails to maintain a current, valid vehicle registration, health department permit, business license or proof of required motor vehicle insurance coverage.

Revocation of permit. A mobile food vendor permit shall be revoked by the Permit Administrator if:

Four violations of this article have occurred within a 12-month period.

A mobile food service vehicle is operated in an unlawful manner so as to constitute a breach of the peace or otherwise threaten the health, safety or general welfare of the public.

Reinstatement.

Suspended permit. An operator may reinstate a suspended mobile food vendor permit by taking such actions as may be necessary to correct a mobile food service vehicle's noncompliance and paying a reinstatement fee of $500.00 to offset the City's cost of enforcement measures, inspections and compliance verifications.

Revoked permit. An operator whose mobile food vendor permit has been revoked may apply for a new permit after 12 months from the date of revocation, provided the operator has taken such actions as may be necessary to correct a mobile food service vehicle's noncompliance. The operator shall pay a permit reinstatement fee of $500.00 to offset the City's cost of enforcement measures, inspections and compliance verifications.

No permit will be issued to any person who intends to operate the same mobile food service vehicle for which the operator's permit is currently suspended or has been revoked within the preceding 12 months.

Notice. Notice of the suspension or revocation of a mobile food vendor permit shall be issued to the operator in writing by the Permit Administrator.

Appeals.

Filing. The denial, suspension or revocation of a mobile food vendor permit by the Permit Administrator may be appealed by filing a written notice of appeal, establishing the grounds for the appeal, with the City Manager no later than ten business days following receipt of the notice of denial, suspension or revocation.

City Manager's review. When an appeal is filed with the City Manager as set forth herein, the City Manager may request such additional information from the operator and the Permit Administrator as may be deemed necessary. At the City Manager's discretion, the appeal may be decided based on the written information and documentation submitted, or a hearing may be scheduled with the operator and the Permit Administrator. The City Manager's decision shall be issued in writing, based on a written summation of the pertinent facts, and shall be final. The City Manager may reverse the denial, suspension or revocation of a permit, or may reduce the waiting period required for reinstatement of a revoked permit if it is determined that the operator has taken reasonable steps to mitigate the violations leading to the revocation and to prevent future violations.

Refunds. There shall be no refund of an application fee for a mobile food vendor permit that has been denied. There shall be no refund of a reinstatement fee for a suspended or revoked permit unless the City Manager determines on appeal that the Permit Administrator acted in error in suspending or revoking the permit.

(Ord. No. 2023-31, 7-10-2023; Ord. No. 2024-05, 1-8-2024; Ord. No. 2024-31, 7-8-2024; Ord. No. 2025-05, 1-13-2025)

Editor's note— Ord. No. 2025-05, adopted January 13, 2025, extended the sunset date of the provisions of § 3-108 to December 31, 2025.