For purposes of this title, the term city manager shall be taken to mean the city manager or his/her designee.

1.

Except as hereinafter provided:

No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the zone in which it is located. See also section 14-205.

No building or other structure shall hereafter be erected or altered:

- to have greater height;

- to accommodate or house a greater number of families or lodgers;

- to have narrower or smaller rear yards, front yards, side yards or other open spaces;

- to provide less off-street parking and loading space than herein required or permitted, or in any manner contrary to the provisions of this title.

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this title, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building. No yard or lot existing at the time of passage of this title shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this title shall meet at least the minimum requirements established by this title.

Within each zone, the regulations set by this title shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land.

Every building hereafter erected, reconstructed, or structurally altered shall be located on a lot fronting on a street or easement.

This title shall be hereinafter known and cited as the "Red Bank Zoning Ordinance."

For the purposes of this title, words and terms are defined as follows:

202.01

Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" is mandatory and not discretionary.

202.02

Accessory use or building. A use or building subordinate to the main building on the lot and used for purposes customarily incidental to those of the main building.

202.03

Alley. A way that affords only a secondary means of access to abutting property.

202.03.1

Alternative financial services. Financial services and lending businesses and establishments that are:

(a)

Not licensed by an appropriate state or federal agency as a bank, savings and loan association, or credit union, industrial loan and thrift offices, insurance premium finance companies, or mortgage companies;

(b)

Regulated by the Tennessee Department of Financial Institutions; and

(c)

Categorized for purposes of this title as:

1)

Pawnbrokers as defined at T.C.A. § 45-6-203; or

2)

Title pledge lenders as defined at T.C.A. § 45-15-103; or

3)

Deferred presentation services as defined at T.C.A. § 45-17-102; or

4)

Check cashers as defined at T.C.A. § 45-18-102 except that check cashers do not include check cashers exempt from state regulations pursuant to T.C.A. § 45-18-103; or

5)

Any combination of alternative financial services which include, but are not limited to, "pawnbrokers", "title pledge lenders", "deferred presentation services" and/or "check cashers" as defined herein.

202.04

Apartment houses. See dwelling, multiple.

202.05

Appeal. A request for a review by a higher authority of the interpretation of any provision of these regulations or a request for a variance.

202.06

Area of special flood hazard. The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. (See also, high water stage.)

202.07

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year—commonly referred to as the "100-year flood." (See also, high water stage and area of special flood hazard).

202.08

Basement. A story partly underground and having at least one-half of its height above grade. A basement shall be counted as a story if the vertical distance from the grade to the ceiling is over five feet or if used for business purposes or for dwelling purposes by other than a janitor or his family.

202.09

Boarding house. A building, other than a hotel, where meals are furnished by pre-arrangements for definite periods of compensation to four or more persons who are not related to each other by blood, marriage, or legal adoption.

202.10

Building. Any structure used or built for the shelter or enclosure of persons, animals or chattels.

202.11

Building, height of. The vertical distance between the street level and the highest point of the roof surface of a flat roof, the deck line of a mansard roof or to a point two-thirds the height of the gable, hip or gambrel roof. If the building is setback from the street line, the height may be measured from the average elevation of the finished grade at the front of the building.

202.12

Clinic. Any business premises or operation, under the authority or supervision of a medical doctor duly licensed by the State of Tennessee where medical services are performed for out-patients only. Clinic: Medical services for outpatients only. Clinics may include whole blood donation centers where donors do not receive monetary compensation, "donations" or other monetary recompense or gratuities for their time, and blood or blood products or other donations. Clinics do not include plasma collection centers.

202.13

Curb level. The mean level of the established curb in front of the building. Where no such curb has been established, the city engineer shall establish such curb level.

202.14

Day care home. A home operated by any person who receives therein for pay not more than seven children under 17 years of age, who are not related to such person and whose parents or guardians are not residents of the same house, for less than 24 hours supervision and care, without transfer of custody.

202.15

Day care center. A place, except schools graded one through 12, and kindergartens operated by any governmental unit or under the supervision of any religious organization, operated by a person, society, agency, corporation, or institution, or any group wherein are received for pay eight or more children under 17 years of age for group care, without transfer of custody, for less than 24 hours per day. The term "day care center" shall include but not be limited to child development centers, nursery schools, day nurseries, play schools, and kindergartens, as well as agencies providing before and after school care regardless of name, purpose, or auspices.

202.16

Development. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filing, grading, paving, excavation or drilling operations.

202.17

Dwelling unit. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, cooking, sleeping and eating.

202.18

Dwelling. Any building or structure or part thereof used and occupied for human habitation or intended to be so used, including any out houses or appurtenances belonging thereto or usually enjoyed therewith.

202.19

Dwelling, single-family. A building occupied or intended to be occupied as an abode of one-family.

202.20

Dwelling, two-family (duplex). A detached building designed for or occupied exclusively by two families, independently of each other.

202.21

Dwelling, multiple. A building or portion thereof used or designed as a residence for three or more families living independently of each other.

202.22

Dwelling, single-family zero lot line. A building occupied or intended to be occupied as an abode of one-family which is set on one side of the side and/or rear property lines.

202.23

Family. A group of one or two persons or parents with their direct descendants and adopted and foster children, together with not more than three persons not so related, living together in a room or rooms comprising a single housekeeping unit. Every additional group of five or less persons living is such housekeeping unit shall be considered a separate family.

202.24

Filling station. See service station.

202.25

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland waters;

2.

The unusual and rapid accumulation or runoff of surface waters from any source.

202.26

Flood hazard boundary map (FHBM). An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as zone A.

202.27

Flood insurance rate map (FIRM). An official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

202.28

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation.

202.29

Frontage. The width of the lot measured: (a) along the right-of-way line of a dedicated and publicly accepted street or right-of-way, or (b) in the case of a lot fronting upon a cul-de-sac in an approved, platted and recorded subdivision, along the required front yard building setback line.

202.30

Garage, private. A building or space used as an accessory to or a part of a main building permitted in any residence district and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.

202.31

Garage, public. Any building or premises, except those described as a private or storage garage, used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repair or kept for remuneration, hire or sale.

202.32

Garage, storage. Any building or premises, other than a private or public garage, used exclusively for the parking or storage of motor vehicles.

202.33

Guest house (tourist home). Any dwelling in which rooms are rented for guests and for lodging of transients and travelers for compensation.

202.34

High water stage (base flood). The base flood as determined by the Federal Insurance Administration in its flood insurance study for Red Bank, Tennessee.

202.35

Halfway house, drug and alcohol. An institutionally supervised boarding house where meals, lodging, supervision and security for the residents thereof, and for the surrounding community, are furnished by pre-arrangement for compensation, for definite periods of time to not less than four but not more than ten unrelated persons of the same sex, with the intended purpose of assisting those using the same to gradually re-enter society subsequent to alcohol or drug related abuse difficulties. This use is only allowed by special exceptions permit.

202.36

Halfway house, penal or correctional. An institutionally supervised and controlled boarding house where means, lodging, supervision and security for the residents thereof, and security for the surrounding community, are furnished by pre-arrangement to or for persons who are under the authority or custody of any state, federal, or local sheriff or law enforcement agency, department of corrections, or department of parole.

202.37

Home occupations. An occupation conducted in a dwelling unit, provided that:

◦ No person other than the members of the family residing on the premises shall be engaged in such occupation;

◦ The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by the occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

◦ There shall be no change in the outside visible appearance of the building or premises, nor any visible, auditory or sensually perceptible evidence of the conduct of the home occupation off the premises;

◦ There shall be no sales, either wholesale or retail of products, commodities or services from the premises. This section shall, however, not prohibit sales via telephone, computer, internet and/or regular mail and only by members of the same family living on the premises so long as there is no storage or sales of products or commodities on the premises other than as delivered by private vehicles. There shall be no utilization of commercial delivery trucks or vehicles for any such deliveries or sales;

◦ There shall be no pick-up or products, commodities or services from the premises;

◦ There shall be no equipment or material storage visible outside of the improvements on the premises;

◦ There shall be no manufacturing process carried on by the use of mechanical equipment other than that which is normally or customarily used or expected reasonably to be used for domestic or household purposes;

◦ There shall be no dangerous, noxious, flammable or volatile chemicals stored, used or sold in connection with the home occupation;

◦ No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and only in the existing driveway on the premises;

◦ No equipment or processes shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, nor shall any equipment be used which creates visual or audible interference in any radio or television receiver off of the premises, or which causes or may cause fluctuations in the line voltage off the premises. In the case of a duplex, or apartment building, no use shall be permitted which affects any other dwelling in the same building in the above mentioned ways;

◦ There shall be no deliveries to the premises of products, equipment, raw materials or components related to the home occupation by any motor freight services;

◦ No vehicles with advertising signs for the home occupation shall be parked on the premises at any time unless for overnight parking only with said vehicle or vehicles leaving the premises during the day to conduct business elsewhere. Neither shall there be any overnight equipment or vehicle storage or employee parking visibly indicating of the commercial activity of the home occupation;

◦ The following uses shall not be considered as home occupations and are intended to be a nonexclusive exemplary list: beauty shops, barber shops, photography studios, vehicle or boat repairs, automobile painting and body shops, TV, radio or other electronic services or sales, appliance repair, shoe repair, physicians' offices, dental offices, veterinary offices, printer or engraving shops, greenhouses, cabinet making or mill work, welding shops or any other similar uses of any like or different kind of character.

202.38

Hotel. A building or other structure, kept, used, maintained, advertised as or held out to the public to be a place where sleeping accommodations are supplied for pay to transient or permanent guests or tenants, in which ten or more rooms are furnished for the accommodation of such guests, and having or not having one or more dining rooms, restaurants or cafes where meals or lunches are served to transient or permanent guests, such sleep accommodations and dining rooms, restaurants, or cafes, if existing, being connected in the same building or buildings in connection therewith.

202.39

Junkyard. A junkyard is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, partially disassembled motor vehicles, and bottles. A junkyard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings.

202.40

Loading space. A space within the main building or on the same lot providing for the standing, loading, or unloading of trucks, having a minimum dimension of 12 feet by 35 feet and a minimum vertical clearance of 14 feet.

202.41

Lodger. An occupant of a lodging or rooming house other than the owner or caretaker or his immediate family.

202.42

Lodging (rooming) house. Any house, or other structure, or any place or location kept, used, maintained, advertised, or held out to the public to be a place where living or sleeping accommodations are supplied for pay to transient or permanent guests or tenants, whether in one or adjoining buildings.

202.43

Lot. A parcel of land occupied or intended for occupancy by a building together with its accessory buildings; including the open space required under this title. For the purpose of this title, the word "lots" shall be taken to mean any number of contiguous lots or portions thereof, not separated by streets, upon which one or more main structures for a single use are erected or are to be erected.

202.44

Lot, corner. A lot abutting upon two or more streets at their intersection.

202.45

Lot, depth. The depth of a lot for the purpose of this title, is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite main rear line of the lot.

202.46

Lot, width. The length of the line marking the rear of the required front yard. In zones where no front yard is required, the lot width shall be the same as the lot frontage.

202.47

Lot, interior. A lot other than a corner lot.

202.48

Lot lines. The lines bounding the lot.

202.49

Lot, through. An interior lot having frontage on two streets, other than a corner lot.

202.50

Lowest floor. The bottom of the lowest floor joist if said floor is constructed of wood or the top surface of a concrete slab or other floor material not subject to damage by flood waters. For new dwelling construction the term "lowest floor" also includes the lowest surface of fixed dwelling equipment such as furnaces or air conditioners or any combination thereof which are located outside the building but are subject to damage by flood waters.

202.51

Mechanical equipment. Any device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers the energy from the solar energy system to the intended on-site structure.

202.52

Mean sea level. The average height of the sea for all stages of the tide.

202.53

Minimum building site. The minimum building site is the area bounded by the building footings and/or foundation, plus five feet in all directions.

202.54

Mobile home. A factory-assembled transportable structure, which exceeds eight body feet in width and 32 body feet in length, designed for use as living quarters, and built on a chassis. Such a unit may consist of one or more components which can be retracted for towing purposes, and subsequently expanded for additional capacity; and/or consist of two or more units separately towable, but designed to be joined as one integral unit, with or without a permanent foundation.

202.55

Mobile home park. Any plot of land upon which two or more mobile homes, occupied for dwelling or sleeping purposes, are located.

202.56

Modular unit (sectional or relocatable home). A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a single structure without carriage or hitch. The term is intended to apply to major assemblies and may not include prefabricated sub-elements that are to be incorporated into a structure at the site. Such units are designed as stationary construction for placement upon permanent foundation, to be connected to utilities, and may consist of one or more components. Modular units are considered the same as standard single-family detached dwellings. It does not include double-wide manufactured homes which are not state or H.U.D. certified.

202.57

Motel. A building or group of buildings used or intended to be used for overnight occupancy by transient motorists. The primary distinction between a motel and a hotel is that the motel has parking space adjacent or reasonably close to each sleeping unit.

202.58

New construction. Structures for which the "start of construction" commenced on or after the effective date of these regulations.

202.59

Nonconforming use. A use that does not conform to the regulations of the use zone in which it is situated.

202.60

Parking lot. An area or plot of land used for the storage or parking of vehicles, including all necessary additional space needed for vehicular access or maneuvering thereto and therefrom.

202.61

Parking space. A space not less than eight by 20 feet per vehicle plus all necessary additional space needed for vehicular access thereto.

202.62

Planned unit development. A planned unit development is a completely planned residential development, professionally designed as a unit, and approved by the Red Bank City Commission, on a site of not less than five acres in areas zoned R-2 residential and R-3 residential.

202.62.1

Plasma collection center. Any business or operation that has its primary function the collection and/or distribution and whether or not conducted for profit, as a charitable enterprise or as a public service of human blood plasma. The building premises of any such plasma collection centers shall not exceed 5,000 square feet of heated and air conditioned building space.

202.63

Service station. A building or lot where gasoline, oil and grease, battery, tire, and other similar services are rendered. Other services include providing liquid propane, compressed gas and electric charging station.

202.64

Solar access. A property owner's right to have sunlight shine on the owner's land. (The enforcement of this right is through the zoning ordinance that establishes height and setback requirements.)

202.65

Solar energy system. An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user and/or for integration with and/or transmission to the electrical grid. This definition shall include the terms passive solar and active solar systems. A solar energy system shall be considered as an accessory use, as the term is defined in the ordinance, provided further that in industrial zone only, nothing contained herein shall be construed to prohibit commercial installation of a solar energy system as the principal and/or primary use for parcels zoned "industrial."

202.66

Solar glare. The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

202.67

Stable, private. A stable with capacity of not more than one horse for each 3,500 square feet of lot area where such stable is located and where such horses area owned by the owners or occupants of the premises and are not kept for remuneration, hire, or sale.

202.68

Stable, public. A stable other than a private stable.

202.69

Start of construction. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footing or any work beyond the stage of excavation, including the location of a structure. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

202.70

Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. In computing the height of buildings, the height of basement shall not be included if below grade.

202.71

Story, half. A story under a gabled, hipped, or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than three feet above the finished floor of such story.

202.72

Streets. Those rights-of-way dedicated to the public and accepted by the public authorities, and includes highways and roads, and provides a primary access to the abutting properties.

202.73

Street line. The line between the street and abutting property.

202.74

Structure. Anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having a permanent location on the land.

202.75

Structural alterations. Any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams, or girders.

202.76

Studio. A studio includes, in additional to other usual meanings, the processing, finishing, framing, and incidental handling of portrait, photographic, and other artistic work generated by or from the premises or by persons employed in or reporting to the premises.

202.77

Substantial improvement. For a building built prior to the enactment of these regulations, any repair, reconstruction, or improvement of a building, the cost of which equals or exceeds 50 percent of the market value of the building, either: (1) before the improvement or repair is started, or (2) if the building has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either: (1) any project for improvement of a building to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a building listed on the National Register of Historic Places or a state inventory of historic places.

202.78

Tourist home. See guest house.

202.79

Tower, communications. Any tower that is designed and constructed primarily for the purpose of supporting any telecommunication antenna, dish or transmitter, including monopole communication towers and lattice communication towers.

202.80

Townhouse. A townhouse is a single-family dwelling unit attached by fireproof common walls to other similar type units, each unit having an open space for light, air, and access in the front and rear. There shall be not less than three nor more than 12 such units connected together.

202.81

Used car lot. Any parcel of land used for the storage, display, and sale of new and used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the premises.

202.82

Variance. A grant of relief to a person from the requirements of these regulations which permits construction in a manner otherwise prohibited by these regulations where specific enforcement would result in unnecessary hardship.

202.83

Yard. An open space on the same lot with a building unoccupied and unobstructed from the ground upward, except by trees, plants, shrubbery, walls, fences, ornaments, utility poles and wires, dog houses, outdoor furniture, swimming pools, accessory buildings, gas pumps, pump islands, signs (where permitted), tanks, and similar things merely accessory to the main building or the permitted use thereof.

202.84

Yard, front. A yard across the full width of the lot, extending from the front line of the building, including porches, to the front line of the lot.

202.85

Yard, side. An open unoccupied space on the same lot with a building between the building and side line of the lot extending through from the front building line to the rear yard or to the rear line of the lot where no rear yard is required.

202.86

Yard, rear. A yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

202.87

Short-term rental unit defined. "Short-term rental unit" or "unit" means a residential dwelling that is rented wholly or partially for a fee for a period of less than 30 continuous days and does not include a hotel as defined in T.C.A. § 68-14-302 or a bed and breakfast establishment or a bed and breakfast homestay as those terms are defined in T.C.A. § 68-15-502.

202.87(a)

Grandfathered short-term rental unit is defined. A short-term rental unit/property that began being held out to the public for use as a short-term rental unit within the City of Red Bank, and as to which the owner/manager provides therefor remitted taxes due on renting the unit pursuant to the provisions of T.C.A. § 67-6-501 et seq. for filing periods that cover at least six months within the 12-month period immediately preceding the effective date of this title, i.e. January 17, 2018, such short-term residential unit legally pre-existing (as defined herein) the effect date of this title shall be hereafter referred to as "grandfathered short-term rental unit(s)."

(Ord. No. 18-1133, § 1, 11-20-2018; Ord. No. 20-1179, §§ 1, 2, 1-5-2021)

203.01

In order to regulate and limit the height and size of buildings; to regulate and limit intensity of the use of lot areas; to regulate and determine the areas of open spaces within the surrounding buildings; to classify, regulate, and restrict the location of trades and industries; and the location of buildings designed for specified industrial, business, residential, and other uses, the City of Red Bank, Tennessee is hereby divided into the following zones:

203.02

The boundaries of the zones are shown upon the map accompanying this title and made a part thereof, and entitled "Zoning Map of the City of Red Bank, Tennessee." The zoning map and all the notations, references, and other information shown thereon are a part of this title, and as much a part as if such information set forth on the map were all fully described and set out herein. This zoning map, properly attested, is on file in the office of the city manager or his/her designee.

203.03

In the creation by this title of the respective zones, the board has given due and careful consideration to the peculiar suitability of each and every such zone for the particular regulations applied thereto, and the necessary, proper and comprehensive grouping and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the city.

203.04

The boundaries of such zones as are shown upon the map adopted by this title or amendment thereto, are hereby adopted and approved and the regulations of this title governing the uses of land and buildings, the height of buildings, building site areas, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown on said map.

203.05

Where uncertainty exists as to boundaries of any zone shown on said map, the following rules shall apply:

(A)

Where such zone boundaries are indicated as approximately following street lines, alley lines or lot lines, such lines shall be such boundaries;

(B)

In unsubdivided property where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the map;

(C)

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

204.01

The following requirements or regulations qualify or supplement as the case may be, the regulations or requirements appearing elsewhere in this title.

204.02

Chimneys, water tanks or towers, penthouses, scenery lots, elevator, bulkheads, stacks, ornamental towers or spires, wireless or broadcasting towers, monuments, cupolas, domes, false mansards, parapet walls similar structures and necessary mechanical appurtenances may be erected to a height in accordance with existing or hereafter adopted ordinance to the City of Red Bank, Tennessee.

204.03

Every part of a required yard shall be open from its lowest point to the sky unobstructed; except for the ordinary projections of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum side yard more than 24 inches, except eaves which shall not project more than 36 inches.

204.04

Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard or court not more than three and one-half feet and the ordinary projections chimneys and flues may be permitted by the city where same are so placed as not to obstruct the light and ventilation.

204.05

A single-family dwelling may be built on any lot duly recorded at the time of passage of this title in any zone where dwellings are permitted regardless of lot size, provided the yard requirements for single-family dwellings in that zone are met.

204.06

On corner lots in all zones, the side yard requirements on the side street shall be the same as the front yard requirements, except as otherwise stated herein.

204.07

Access control. In order to expedite the movement of traffic; to promote the safety of the motorist and pedestrian; and to minimize traffic congestion and conflict, it is necessary to reduce the points of vehicular contact. The location and design of all curb-cuts, points of access to and from all streets and parking and loading areas, parking and loading areas except single and two-family residences shall be submitted to and approved by the city manager or his/her designee before building permits can be issued. The following regulations shall apply:

(A)

Development requiring access control plan. All commercial and industrial establishments and apartment complexes of four or more dwelling units must file an access control plan meeting all requirements of this section and must have such plan approved by the city manager or his/her designee prior to obtaining a building permit.

1)

This access control plan is often a part of a "site plan." However, in the event that such a site plan is not required, an access control plan must still be submitted and approved.

(B)

General access regulations. Applying to all residential and nonresidential uses.

1)

Maximum width of all access points. The maximum width of all access points shall be 30 feet measured at the property line. Commercial and industrial uses customarily having large volumes of tractor-trailer vehicle traffic may be permitted points of access exceeding 30 feet but not exceeding 40 feet in width

2)

Temporary access ways. Temporary access ways may be generated by the planning commission at locations other than those specified for permanent access where it is expedient for the purpose of staged development. Temporary access ways shall be closed when permanent access of the property is completed.

3)

Off-street parking lanes entirely independent of public streets. No off-street vehicular storage or parking area shall be allowed where the arrangement requires that vehicles back directly into a public street right-of-way.

4)

Access for lots fronting on more than one street. In all commercial developments where a lot abuts more than one street, the planning commission may require that the access be provided from the street of lowest classification when necessary to lessen serious congestion on the major street. If access is allowed onto two or more streets the number of access points shall conform to those allowed for nonresidential uses (See subsection D).

5)

Driveway construction abutting side lot lines. Where driveways abut interior lot lines and a driveway opening there shall be a minimum driveway setback of:

a)

Residential uses: Five feet.

b)

Nonresidential uses and residential complexes with more than 12 units: 15 feet.

6)

Minimum driveway separations from street intersections. Where driveways openings are adjacent to the intersection of a street right-of-way line the minimum separations shall apply:

a)

Residential uses: Five feet.

b)

Nonresidential uses and residential complexes with more than 12 units: 15 feet.

7)

Service station. Service stations shall be allowed two access points onto the same street to allow proper circulation past the dispensers. This is regardless of lot width or street classification provided the required site plan is approved by the city manager or his/her designee.

(C)

Construction of frontage roads and interior circulation drives. In order to limit the number of individual access points to an arterial or collector street, the Red Bank Municipal Planning Commission shall encourage and may require the development of frontage roads and interconnecting interior circulation drives.

1)

Frontage roads. Frontage roads are those that parallel the existing street and extend across the entire frontage of a particular large property or group of properties. Frontage roads may be required to provide safe and efficient public access to individual properties eliminating traffic congestion, which would be caused if each parcel had its own access on to the arterial or collector street.

2)

Access points between the frontage road and the major thoroughfare shall be no closer together than 500 feet. Access points between the frontage road and collector street shall be no closer than 300 feet (measured along the street right-of-way). All frontage roads shall be built to the standards specified in the Red Bank Subdivision Regulations and shall be dedicated as public streets subject to the city's street adoption policy and then maintained by the City of Red Bank.

3)

Access requirements for property served by a frontage road shall be the same as for residential and nonresidential uses (See subsection D) except that the planning commission may also allow a regrouping of access points on to the frontage road in accordance with an approved site plan which does not destroy the intent of these access control provisions.

4)

Interior circulation drives. Interior circulation drives are needed in large developments, which require large parking areas. These drives interconnect all parking lot access points with all buildings and areas of vehicular traffic, parking, loading and servicing. They are constructed to provide safe and efficient vehicular movement between specified access points of a development or a series of developments. The planning commission shall encourage and may require that the interior circulation drives shall be clearly defined and marked appropriately with arrows, etc. to assist public circulation into and out of the property and its parking areas.

5)

An area of land not less than 20 feet deep shall be provided between the public street right-of-way line and the edge of all proposed frontage roads or interior circulation drives. This area will separate the roadways with a minimum turning radius. Such area shall be landscaped and grassed.

6)

The width, placement and design of frontage roads and interior circulation drives shall be reviewed by the city manager or his/her designee, planning staff and shall be approved by the Red Bank Municipal Planning Commission.

(D)

Specific number of access points allowed. Wherever topographical features, existing developmental patterns, or other factors make the construction of frontage roads unfeasible, direct access to the existing streets shall be permitted according to the following minimum requirements based on the type of development on the property served and the amount of frontage which that property has on a given street.

1)

Access points for residential uses. In the absence of a frontage road, the number of access points permitted shall comply with the following provisions:

a)

The minimum distance between two driveways serving the same property and which provide access to the same street, at the right-of-way line shall be 25 feet.

b)

Lots with less than 149 feet of frontage shall be permitted one driveway.

c)

Lots with 150 feet to 399 feet of frontage shall be permitted two driveways.

d)

Lots with over 400 feet of frontage shall be permitted one additional driveway for each additional 300 feet of frontage of fraction thereof.

(E)

Access to commercial, industrial or other nonresidentially zoned property:

1)

Access to a commercial, industrial, or other nonresidentially zoned property shall be permitted only through a nonresidential zone.

2)

Access to residentially zoned or developed property may be through any other zone.

3)

The R-3 zone, for purposes of access, shall be considered a nonresidential zone if developed with multi-family residences.

4)

The R-4 special zone, for purposes of access, shall be considered a residential zone if undeveloped or developed residentially. It shall be considered a nonresidential zone if developed with nonresidential uses or multi-family residential uses.

204.08

Flag lots may be used for access to property that would otherwise prove infeasible or impractical to access with a public street. The intended use for flag lots is to preserve the natural features or to create more environmentally sensitive building sites. Flag lots are not intended to abrogate standard subdivision development when it is feasible to construct public roads.

Flag lots may be used provided the following conditions are met:

A)

A "flag lot" is a lot which is accessed by a strip of land of a width less than the required street frontage and which is located behind another lot which meets the required street frontage and the other provisions and standards set out herein and in the city's subdivision regulations.

B)

Flag lots may be approved by the planning commission subject to the following conditions:

1)

No access strip shall be less than 25 feet in width for its entire length nor shall the actual frontage on the public street be less than 25 feet.

2)

The access strip shall provide access for only one lot and shall be deeded and platted as a part of the building site. No building or structure shall be permitted or located in the access strip.

3)

The access strip shall not exceed 250 feet in length measured from the closet adjacent right-of-way line of the public road or street.

4)

Access strips shall be located no closer than 120 feet from another access strip, measured along the right-of-way between the nearest corner of each access strip.

5)

The point where the access strip abuts the public street shall be reasonably safe, as determined by the planning commission with input from the city manager or his/her designee, for vehicular ingress and egress as far as visibility and grade or other relevant factors bearing on safety of pedestrians and of traffic are concerned since, unlike conventional lots, flag lots have no other alternatives for driveway locations.

6)

Said access strip shall be the primary and actually utilized means of ingress and egress to the actual flag lot intended to be developed.

7)

All required building setbacks shall apply and be measured from the boundaries of the portion of the lot excluding the access strip.

8)

All lot area, width and depth requirements of the zoning ordinance and subdivision regulations shall apply and be measured from the boundaries of the portion of the lot excluding the access strip.

9)

No flag lot shall after approval be subject to further subdivision of any such subsequently subdivided lot if such subsequently subdivided lot shall intend to rely on or actually utilize the same access strip as the originally permitted or allowed flag lot for ingress and/or egress unless a street meeting all requirements. Including right-of-way, is constructed. Said restriction shall be placed on the final plat.

C)

In no case shall a flag lot be used to avoid constructing a street to the required standards.

D)

All lot width, lot depth and lot area requirements in the Red Bank Zoning Ordinance shall apply to the portion of a flag lot that does not include the access strip.

204.09

Urban residential infill option and exceptions. Notwithstanding any other provisions in the zoning ordinance related to the required minimum frontage of 60 feet and a required minimum front yard setback of 25 feet and a required 25-foot side yard setback in zones R-1 and R-1A, that detached single-family houses and accessory uses located on interior lots of record established or existing on or prior to July 1, 1965, and shall have a minimum front yard of 15 feet, and a minimum side yard of five feet. Other than allowable eave overhang, no other permitted element of the building structure is allowed in the five feet side yard setback, including, but not limited to heating, ventilation and air conditions systems (HVAC), porches, decks, porticos, entry landings, carports, or other similar or dissimilar structures. All other standards related to permitted uses, height and area related regulations, off-street parking in zones R-1 and R-1A shall continue to be applicable. Dwellings constructed on such lots shall meet all residence square footage requirements of the zone they are in. No building may front an alley or unapproved street. The rear setback shall be 25 feet.

204.10

Notwithstanding any other provisions in this zoning ordinance related required side yard setbacks, a noncombustible (as defined in the applicable building codes) attached carport no nearer than three feet to an interior side lot line on residential zoned property shall be allowable.

204.11

Notwithstanding any other provisions in this zoning ordinance related to the front and/or rear yard setbacks, in addition to not more than one single story detached garage as defined in section 14-202.02, accessory use of building, a single story detached accessory building no closer than five feet from the interior side lot line and no closer than five feet from the rear lot line shall be allowable in residential zoned property provided that m in addition, any such accessory building is to be separated by not less than three feet from the principal structure and the garage (in any) located on the premises on residentially zoned property, provided further:

(a)

Properties with less than one-half acre of land area will be permitted no more than one single storied detached wood frame/metal accessory building, which may be no larger than 144 square feet in floor space.

(b)

Properties with more than one-half acre of land area shall be permitted no more than two single storied detached wood frame/metal accessory building which may be no larger than 144 square feet in floor space.

(c)

No such buildings or structures shall be larger than 144 square feet in floor space. Such storage buildings and/or structures shall be no closer than five feet, including overhangs or eaves, from the rear or side lot line on any residentially zoned property. In addition, any such accessory buildings shall be separated by not less than three feet, including overhangs or eaves, from the main or principle structure, and/or any other accessory building and each other.

(d)

To assure compliance with this title, the property owner(s)/tenant(s) and/or occupant(s) must first file with the building inspector's office, a site plan detailing the size and location(s) of any such structure intended to be placed or erected on the premises and its location and spacing from the applicable property lines and other permitted structures on the property before installation or construction. Failure to comply with this subsection shall result in a civil penalty may also be ordered to be removed.

(e)

Provided further that no portion of any such accessory building, of any kind, be utilized for human habitation, lodging or occupancy, of any kind long term, short-term or under any circumstance.

204.12

Visibility at access points. No structure, landscaping, fence, terrace or other natural or artificial feature adjacent to any street shall obscure or impair visibility from or of any approaching vehicular traffic.

(Ord. No. 18-1129, § 1, 9-18-2018)

205.01

The lawful use of a building existing at the time of the passage of this title shall not be affected by this title, although such use does not conform to the provisions of this title; and such use may be extended throughout the buildings, provided no structural alterations except those required by law or ordinance, or ordered by an authorized officer to secure the safety of the building, are made therein; but no such use shall be extended to occupy any land outside such buildings. If such nonconforming building is removed or the nonconforming use of such building is discontinued for 100 consecutive days, every future use of such premises shall be in conformity with the provisions of this title.

205.02

The lawful use of land existing at the time of the passage of this title, although such use does not conform to the provisions of this title, shall not be affected by this title; provided, however, that such nonconforming use not be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this title. If such nonconforming use is discontinued for a period of not less than 100 consecutive days, any future use of land shall be in conformity with the provisions of this title.

205.03

If no structural alterations are made, a nonconforming use may be changed to a use of the same classification according to the provisions of this title. When a zone shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of a similar classification; provided all other regulations governing the new use are complied with.

205.04

Nothing in this title shall be taken to prevent the restoration within one-year of a building destroyed to the extent of not more than 60 percent of its value by fire, explosions or other casualty, or act of God, or the public enemy, nor the continued occupancy of such building.

205.05

Whenever there is a change of nonconforming use to a use of similar classification in a commercial or industrial zone, said use shall comply with all landscaping and screening requirements of said zone.

205.06

Any nonconforming industrial, commercial, or other business establishment in operation shall be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the activities of the industry or business provided that there is a reasonable amount of space for such expansion on the property owned by such industry or business and so as to avoid nuisances to adjoining landowners.

205.07

No building permit or like permission for construction or landscaping shall be denied to an industry or business seeking to expand or continue activities conducted by that industry or business provided that there is a reasonable amount of space for such expansion on the property owned by such industry or business and so as to avoid nuisances to adjoining landowners.

205.08

Industrial, commercial, or other business establishments in operation and permitted to operate as nonconforming uses shall be allowed to destroy present facilities and reconstruct new facilities necessary to the conduct of such industry or business provided that no destruction and rebuilding shall occur which shall act to change the use classification of the land as classified under any zoning regulations or exceptions thereto in effect.

205.09

No building permit or like permission for demolition, construction or landscaping shall be denied to an industry or business seeking to destroy and reconstruct facilities necessary to the continued conduct of the activities of that industry or business provided that there is a reasonable amount of space for such expansion on the property owned by such industry or business and so as to avoid nuisances to adjoining landowners.

206.01

Membership terms and compensation. The board of appeals consists of five members (electors of the City of Red Bank), and shall be appointed by the board of commissioners for three-year terms. The initial board of appeals shall be comprised of two members serving for one year, two members serving for two years, and one member serving for three years. Thereafter, members shall serve for three-year terms. In the case of a vacancy, a member shall be appointed within 30 calendar days to serve the unexpired term of the former member creating the vacancy. A member who has served for three years shall continue to serve as an official member of the board of appeals until s/he has been reappointed or a new member has been appointed to take her/his place. Members of the board shall serve without compensation.

206.02

Meetings and rules of order. The chairman of the board of Appeals shall be elected from its own membership. The board shall fix its place of meeting and shall conduct at least one regular meeting a month, provided there are applications to be reviewed by the board. Other meetings of the board shall be held on the call of the chairman and at such times as the board may determine. The presence of three members shall constitute a quorum. The business such rules being of public record, it is advisable that the city attorney or his/her designated representative be present at each board meeting.

206.03

Jurisdiction of the board. The board shall have the following powers:

(A)

To make variances to the terms of the zoning regulations in harmony with their general purpose and intent and under the conditions set forth in the following paragraphs, upon the request of the owner of the property in question.

(B)

To interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations.

(C)

To hear and decide appeals from property owners on actions or decisions by an administrative official in the administration or enforcement of the zoning ordinance.

206.04

Applications to the board. Persons desiring consideration by the board shall apply to the city manager or his/her designee and shall supply such information as the board may require to identify the land and determine the reason for the appeal or review. Each application by a property owner shall be accompanied by a receipt for a fee as set by the board of commissioners, paid to the City of Red Bank to cover the city's cost of handling the application, no part of which fee is returnable. Persons objecting to the relief sought by the applicant, or interested in the review or determination made by the board may likewise set forth their views and actual evidence in writing and be signed by the objectors. The application and objection shall be submitted to the board within the time provided in its rules of procedure.

206.05

Notices. A notice of the public hearings held by the board shall be sent by regular mail to each of the property owners within a minimum of 200 feet of each property in question before the board. Said notice will be mailed at least 15 days prior to the public hearing by the board. The most recently updated tax rolls for the City of Red Bank will be the source of ownership information for board purposes. A notice shall be published in a newspaper of general circulation at least 15 days before the hearing.

206.06

Hearings. All official actions of the board shall be subject to due notices and public hearings, as established by its rules. Any interested person may appear and be heard subject to procedures adopted by board. A review by the planning commission staff may be required for purposes of obtaining information available as to the effect of a proposed variance, conditional permit, or administrative ruling upon the use, enjoyment, safety, and value of the land and buildings nearby. Such report may contain other information on existing and pre-existing conditions relating to topography, geology, utilities existing, and proposed land use and factors pertaining to the comprehensive plan of the city. A review by the city manager or his/her designee shall be required for the purpose of obtaining information as to the effect of a proposed variance, conditional permit, or administrative ruling upon the flow of traffic, congestion, parking, service for utilities and similar matters usually pertaining to the functions of their office. The board shall make and record findings of facts relevant to their decisions and shall accept letters and petitions for the record and shall particularly examine the facts relating to the conditions set forth in section 14-206.07.

The board shall make a determination that it has been delegated authority to render a decision in each case and that it is not performing a legislative function not delegated by the legislative body of the city.

206.07

Condition for board decisions.

(A)

Before a variance or special exception may be granted, the board must find that the following conditions exist:

(1)

That by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of the zoning ordinance would result in peculiar and practical difficulties or undue hardships upon the owner to develop his property in accordance with the use provisions of the zoning regulations.

(2)

That the relief of the undue hardships granted by the board would not establish substantial detriment to the public good or substantially impair the intent and purpose of the zone plan and zoning ordinance.

(3)

That the peculiar hardship, practical difficulties, or undue hardships would apply to the particular land or building regardless of the owner.

(4)

That the peculiar hardship, practical difficulties, or undue hardship is not created as the result of an act upon the part of the applicant.

(5)

That the peculiar hardship, practical difficulties, or undue hardships asserted by the applicant relates only to the premises for the benefit of which the variance or special exception is sought and would not be generally applicable to other premises in the city of the personal conditions of the applicant.

(6)

Provided, however, that where the application for a variance or special exception involves only the addition to or extension of an existing building or structure, the board may allow such addition or extension when said addition or extension would be no less conforming as to setback distances than the existing structure or structures on the same or adjacent property, provided further, that such addition or extension is not in conflict with the character of the area in which the property is located or the comprehensive zoning plan.

206.08

Board's findings.

(A)

The board shall make its findings in writing on each of the conditions stipulated in section 14-206.07, and on such additional item presented as evidence which have influenced its decision. The decision of the board shall become effective immediately. Such decision, affirming, revising, or modifying the order, requirement, decision, or determination of the administrator of the zoning ordinance and such conditional permits and other special permits or special exceptions or variances to the provisions of the zoning ordinance shall be effective for a period of one-year from the date of the board's decision, unless another time is given in the board's decision.

(B)

If the decision of the board has not been fully utilized and confirmed by the construction of the improvements contemplated by the applicant within the period of one-year or other time certain stipulated by the board, the application will be reheard upon the grounds stipulated by the applicant as of the time of the new application.

(C)

The board shall not rehear any case upon the same grounds within a minimum period of one-year of its previous hearing date.

(D)

The board shall adopt for its record, such policies as can be reasonably developed for its own guidance in dealing with the more common types of request for adjustment.

206.09

Records. The board shall keep a duplicate record of its proceedings, findings, and action in each case, giving specific reasons for its action, and for any deviation from policy it might have established in past cases. The vote of each member on each question shall appear in the record. All records of the board shall be open to the public.

206.10

Stay. Upon applying for special exception, variance, interpretation, or review by the board, the applicant shall stay any cut or fill of property, construction, or alteration on the building or property for which action by the board is sought.

206.11

Appeal from the board's decision. The action of the board of appeals for variances or special exceptions shall be final, provided an appeal from the action of the board may be taken to a court of competent jurisdiction by any aggrieved, affected party.

206.12

Administration. The city manager or his/her designee shall be the secretary of the board. He shall conduct all official correspondence subject to the rules and direction of the board, and send out all notices and attend all meetings or cause the same to be done. The secretary shall attend all meetings, keep the minutes, compile the records, and maintain the official files of the board or cause the same to be done.

207.01

Each application for a building permit for a new building or to enlarge an existing building shall be accompanied by a plat drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected or enlarged and such other information as may be necessary to provide for the enforcement of this title.

A record of such application and plat shall be kept in the office of the city manager or his/her designee. Where application is made to enlarge an existing nonconforming use, application shall be accompanied by an affidavit giving the description of the premises as they existed at the date of the passage of this title.

208.01

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties, provided, however, that where this title imposes a greater restriction upon the use of the buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, agreement, the provisions of this title shall control.

209.01

The board of commissioners of the City of Red Bank, Tennessee, may, from time to time, amend, supplement or change the regulations and zones herein or subsequently established; but no amendment shall become effective unless it be first submitted to and approved by the planning commission, or if disapproved, shall receive the favorable vote of a majority of the entire membership of the board of commissioners.

209.02

Method of procedure. A proposed change or amendment may originate with the board of city commissioners, with the planning commission, or on filing a request by a landowner or by a group of landowners filing a petition. The proposed change or amendment must first be referred to the planning commission for a recommendation. The City of Red Bank shall give at least 15 days' notice of the time and place for a public hearing, which shall be held by the board of commissioners in regard to the proposed changes or amendments. This notice shall be published in a newspaper of general circulation in the city.

209.03

That a request to rezone referred to the board of commissioners by the planning commission, shall not be heard unless said request is set for public hearing before the board of commissioners within three months of the date when the planning commission referred said request to the board of commissioners, and such request shall not be advertised for a public hearing unless the petitioner pays to the city recorder a filing fee, together with the costs of the advertisement.

(Ord. No. 23-1248, § 1, 10-3-2023)

210.01

The city manager or his/her designee is hereby designated and authorized to enforce this title. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be fined not less than $2.00 nor more than $50.00 for each offense. Each day a violation exists shall constitute a separate offense.

211.01

Should any section, subsection, phrase, clause, or provision of this title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.

212.01

This title shall take effect two weeks from and after its passage, the public welfare requiring it.