- RESIDENTIAL DISTRICTS
(1)
Purpose and intent. The intent of the R1 rural residential district is to maintain and/or preserve areas of the Town of Somerville for the purposes of farm or forestry production and to allow for limited residential development not requiring extensive municipal services.
(2)
Uses permitted.
A.
Single family dwellings, excluding single wide manufactured homes on individual lots.
B.
Agricultural production. Domesticated animals shall be properly and securely enclosed and contained within the lot. No domestic animals, other than house pets such as dogs and cats, will be allowed within 1,000 feet of any residence, place of business or public street without a permit approved by the board of zoning appeals (BZA). The BZA shall approve a permit only when it is determined by the BZA, in its sound judgment, that the keeping of such animals under the circumstances set forth in the application for the permit will not injuriously affect the public health or quality of life for neighbors and the permitted use is deemed to be in harmony with the zoning ordinance's general purpose and intent.
C.
Forestry activities and related services.
D.
Roadside sales offering for sale only farm products produced on the premises.
E.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
F.
Detached accessory dwellings, limited to one per lot, shall be clearly subordinate in size, height, and purpose to the principal building; they shall be located on the same lot as the principal building, but they shall be detached from the principal building and may be served by separate utility meters. A detached accessory dwelling can be an independent structure, a dwelling unit above a garage, or attached to a workshop or other accessory building on the same lot as the principal building. detached accessory dwellings shall be located on lots in accordance with standards for accessory buildings.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(Ord. No. 2025-005, § 1, 6- 9-2025)
(1)
Purpose and intent. The intent of the R2 low density residential district is to provide suitable areas for low density residential development where appropriate urban services and facilities are provided or where the extension of such services and facilities will be physically and economically feasible. Generally these districts will be characterized by single family detached dwellings.
(2)
Uses permitted.
A.
Single family dwellings, excluding single-wide manufactured homes on individual lots.
B.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
C.
Detached accessory dwellings, limited to one per lot, shall be clearly subordinate in size, height, and purpose to the principal building; they shall be located on the same lot as the principal building, but they shall be detached from the principal building and may be served by separate utility meters. A detached accessory dwelling can be an independent structure, a dwelling unit above a garage, or attached to a workshop or other accessory building on the same lot as the principal building. Detached accessory dwellings shall be located on lots in accordance with standards for accessory buildings.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(Ord. No. 2025-005, § 1, 6- 9-2025)
(1)
Purpose and intent. The intent of the R3 high density residential district is to provide suitable area for high density residential development where appropriate urban services and facilities are provided or where the extension of such services and facilities will be physically and economically feasible. Generally these districts will be characterized by single family and two-family detached dwellings.
(2)
Uses permitted.
A.
Single family dwellings, excluding single family manufactured homes on individual lots.
B.
Two family dwellings.
C.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
D.
Detached accessory dwellings, limited to one per lot, shall be clearly subordinate in size, height, and purpose to the principal building; they shall be located on the same lot as the principal building, but they shall be detached from the principal building and may be served by separate utility meters. A detached accessory dwelling can be an independent structure, a dwelling unit above a garage, or attached to a workshop or other accessory building on the same lot as the principal building. Detached accessory dwellings shall be located on lots in accordance with standards for accessory buildings.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(Ord. No. 2025-005, § 1, 6- 9-2025)
(1)
Purpose and intent. The intent of the MFR multifamily residential district is to provide suitable areas for multifamily residential developments where sufficient urban facilities are available or where the extension of such facilities will be physically and economically feasible. It is not the intent of this district to restrict in number the dwelling units contained in a building provided there is sufficient area of zone lot and open space on the lot relative to the number of dwelling units. These districts are intended to permit community facility and public utility installations which are necessary to service the residents of these districts.
(2)
Uses permitted.
A.
Multifamily dwellings and duplexes.
B.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(1)
Purpose and intent. The intent of the MHP manufactured home park district is to provide minimum standards for the development of manufactured home parks within the town. These standards are designed to provide healthful, attractive, and efficient manufactured home parks for the benefit of the residents of Somerville. Manufactured home parks shall be allowed only in areas as provided within this zoning ordinance and shall be occupied by single family manufactured home dwellings. This shall not preclude but shall include all provisions as set forth in T.C.A. § 68-126.
(2)
Installation. It is unlawful to occupy any manufactured home unless it has been installed by a person licensed by the Tennessee Department of Commerce and Insurance to make such installation (T.C.A. § 68-126-403). The burden of proof of proper installation shall be upon the owner.
(3)
Uses permitted.
A.
Single family manufactured homes in properly sited and licensed manufactured home parks.
B.
Accessory buildings customarily incidental to the permitted use with the following restrictions:
i.
Only one accessory building is allowed per manufactured home.
ii.
Accessory buildings are not be used for human habitation.
iii.
Maximum 150 feet 2 for each accessory building and shall not exceed 25 feet in height.
iv.
Each accessory building is to be located a minimum of ten feet from its principal manufactured home and must not be visible from any public road.
(4)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(5)
Footings and underskirt requirements.
A.
All manufactured homes permitted under this section shall be set upon concrete pads and elevated on blocks or steel piers which are constructed upon a concrete footing and each manufactured home shall be anchored with approved anchors as required by T.C.A. § 68-45-103. Each concrete pad shall be a minimum of ten feet wide.
B.
All manufactured homes moved into any manufactured home park, existing or new, after the effective date of these provisions shall be under-skirted to prevent the accumulation of refuse and rodents.
(6)
Street system.
A.
The internal street system shall consist of paved streets with a paved width of 22 feet.
B.
Paved streets shall consist of a sub-base of six inches of crush run gravel, or other comparable substrate as approved by the Somerville Planning Commission, and finished with a minimum asphalt thickness of two inches.
(7)
[Water lines.] Water lines shall consist of a minimum six-inch water main looped for adequate water pressure for fire protection with one hydrant every 250 feet and shall be approved by the public works department.
(8)
[Sewer lines.] Sewer lines shall consist of a minimum eight-inch sewer pipe, with four-inch force mains where applicable, designed according to the standards required in the subdivision regulations and shall be approved by public works department.
(9)
[Sidewalks.] Concrete sidewalks shall have a minimum width of 60 inches and shall be provided for manufactured home spaces to the manufactured home park office. The sidewalks shall be a minimum of three inches thick and shall be designed to minimize cracking.
(10)
Paved parking. All manufactured home plots shall provide a minimum of 400 feet 2 of paved parking area.
(11)
Lighting. Lighting within the manufactured home park shall be consistent with lighting intensity and spacing as provided within the residential areas of the Town of Somerville and consistent with all applicable standards of the Town of Somerville.
(12)
[Certification.] Certification is required of the owner and trustee of the mortgage and shall serve as the commitment by the owner that the site will be developed as shown on the approved site plan. Upon such certification, the approved site plan shall be recorded by the owner with the Fayette County register's office and shall regulate the development of the manufactured home park. If, during the process of construction, the building inspector notes variations from the approved site plan, he shall promptly notify the owner in writing of these variations and shall direct that the variations be corrected within a specified period. If, after proper notice by the building inspector, the owner has not complied with the provisions of the approved site plan, the building inspector shall have the authority to cite the owner to municipal court for violation of this chapter. However, the building inspector shall have the authority to authorize minor revisions to the approved site plan during the process of construction, if, in his opinion, the revisions do not substantially alter the nature of the approved site plan, with the written concurrence of the planning director.
(13)
Public improvements. All required Public improvements to be completed at the expense of the developer shall require execution of a development agreement between the developer and the Town of Somerville to ensure adequate completion of all required public improvements. Such development agreements shall be as provided for in the Somerville subdivision regulations and other technical specifications and shall be approved by the Town of Somerville Board of Mayor and Aldermen. All development agreements shall require the developer to provide all costs associated with said public improvements and shall include a surety bond or irrevocable letter of credit for said public improvements.
(14)
Licenses and license fees.
A.
No manufactured home may be located in the Town of Somerville unless the same shall be in an approved and duly licensed manufactured home park.
B.
It shall be unlawful for any person to maintain or operate within the corporate limits of the Town of Somerville any manufactured home park unless such person shall first obtain a license for said manufactured home park.
C.
Licenses shall not be transferrable.
D.
The annual license fee for each manufactured home park shall be established by the Town of Somerville Board of Mayor and Aldermen.
E.
The manufactured home park license shall be issued by the building inspector upon completion and compliance with all requirements for the manufactured home park. The license shall be conspicuously posted in the office of, or on the premises of, the manufactured home park at all times.
(15)
Registry of manufactured homes. It shall be the duty of the manufactured home park licensee to keep a registry containing a record of all manufactured home owners located within the manufactured home park. The register shall contain:
A.
Make, model and year of all manufactured homes.
B.
Owner and lessee of each manufactured home.
C.
The dates of arrival and departure of each manufactured home or recreational vehicle. The park shall keep the registry available for inspection at all times by law enforcement officers, whose duties necessitate acquisition of the information contained in the registry. All records within the registry shall be retained with the registry for a minimum of three years following the departure or cessation of each manufactured home listed on the registry.
(16)
Nonconforming manufactured home parks. With the exception of minor repairs, maintenance, and alterations allowed pursuant to state law, no alterations to a nonconforming manufactured home park shall be allowed. Unless otherwise allowed by law, any substantial improvement to a nonconforming manufactured home park shall be deemed an abandonment of the nonconforming status and shall result in the reclassification of such manufactured home park as a prohibited use.
(1)
Uses Permitted by Special Exception - The following uses are not inherently inconsistent with the intent and purpose of particular zones; however, they could create special problems or hazards if allowed to develop and locate as a Use by Right. These uses are permitted by approval of a Special Exception by the Board of Zoning Appeals (BZA) upon review of the criteria established herein, and upon consideration of numerous factors, such as traffic flow, noise, quality of life issues for adjacent neighborhoods, etc.
A.
Uses identified in table 1.
B.
Incidental home businesses as identified in table 1.
(2)
Review criteria for uses other than incidental home businesses. The BZA shall have the power to impose greater requirements than those set forth in this section or to impose conditions on the location and design of access points or other features as may be required to protect the neighborhood from traffic congestion or other undesirable conditions. The BZA shall state in writing the reasons for denial of any properly submitted site plan.
(3)
Review criteria for incidental home businesses. A Somerville business permit shall be required to operate any business in the Town of Somerville. Incidental home businesses that are conducted in their entirety without any increase in traffic or usage in and around the home shall not be required to obtain BZA approval. Incidental home businesses as listed in table 1 may be considered provided that no building permits or certificates of occupancy for such use shall be issued without the written approval of the BZA and subject to such conditions as the BZA may require in order to protect and preserve the character of the neighborhood in which the proposed use is located; and then provided further that:
A.
The business principal shall be a resident of the dwelling unit in which the proposed use is located;
B.
The business use shall not result in greater than four vehicles or customers per hour at the residence between the hours of 7:00 a.m. and 6:00 p.m. and no business traffic shall be allowed other than the stated hours;
C.
No activity, material, goods, or equipment indicative of the proposed use shall be visible from any public way;
D.
The proposed use shall not be advertised by the display of goods or signs on the lot on which the proposed use is located;
E.
The proposed use shall not generate noise, odor, fumes, smoke, vehicular or pedestrian traffic, nor nuisance of any kind which would tend to depreciate the residential character of the neighborhood in which the proposed use is located;
F.
The proposed use shall provide adequate off-street parking facilities;
G.
Nothing in this section shall be interpreted to mean the discontinuance of an existing lawful incidental home business, but hence forth, all new incidental home businesses, and those existing incidental home businesses allowed to lapse for one year or more shall be governed by the foregoing provisions relative to incidental home businesses.
(4)
Uses prohibited.
A.
Uses as identified in table 1 located in the back of the zoning ordinance.
B.
Any other uses determined by the BZA to represent a hazard or unacceptable interference with the quality of life in the neighborhood.
(Ord. No. 2023-010, § 2, 5-13-2024)
(1)
Purpose and intent. The intent of the RD redevelopment district is to create a dynamic, mixed-use environment, where walking is the predominant mode of transportation; provide for a range of housing choices in close proximity to each other, including vertical mixed-use; create land development solutions that are not typically found elsewhere in the Town of Somerville; create quality public spaces that are usable for a variety of public and semi-public activities; create connectivity for pedestrian and vehicular traffic; place buildings close to the street, so that streets are defined as "outdoor rooms;" and, enhance all the streetscapes and maximize on-street parking.
(2)
Uses permitted. Uses as identified in table 1.
(3)
Uses permitted by appeal. Uses as identified in table 1.
(4)
Uses prohibited.
a.
Uses as identified in table 1.
b.
Manufacturing.
c.
Any other business determined by the BZA to represent a hazard or unacceptable interference with the quality of life in the neighborhood.
(5)
Accessory buildings. Accessory buildings are permissible which are considered to be customarily incidental to the intended use of the principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
(6)
Lot area, width, setbacks, landscape areas, building height, sidewalks, landscaping and building materials. Due to the unique nature of the redevelopment district, limitations concerning these attributes shall be considered individually by the design review commission or planning commission, with consideration of the purpose and intent of the redevelopment district.
- RESIDENTIAL DISTRICTS
(1)
Purpose and intent. The intent of the R1 rural residential district is to maintain and/or preserve areas of the Town of Somerville for the purposes of farm or forestry production and to allow for limited residential development not requiring extensive municipal services.
(2)
Uses permitted.
A.
Single family dwellings, excluding single wide manufactured homes on individual lots.
B.
Agricultural production. Domesticated animals shall be properly and securely enclosed and contained within the lot. No domestic animals, other than house pets such as dogs and cats, will be allowed within 1,000 feet of any residence, place of business or public street without a permit approved by the board of zoning appeals (BZA). The BZA shall approve a permit only when it is determined by the BZA, in its sound judgment, that the keeping of such animals under the circumstances set forth in the application for the permit will not injuriously affect the public health or quality of life for neighbors and the permitted use is deemed to be in harmony with the zoning ordinance's general purpose and intent.
C.
Forestry activities and related services.
D.
Roadside sales offering for sale only farm products produced on the premises.
E.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
F.
Detached accessory dwellings, limited to one per lot, shall be clearly subordinate in size, height, and purpose to the principal building; they shall be located on the same lot as the principal building, but they shall be detached from the principal building and may be served by separate utility meters. A detached accessory dwelling can be an independent structure, a dwelling unit above a garage, or attached to a workshop or other accessory building on the same lot as the principal building. detached accessory dwellings shall be located on lots in accordance with standards for accessory buildings.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(Ord. No. 2025-005, § 1, 6- 9-2025)
(1)
Purpose and intent. The intent of the R2 low density residential district is to provide suitable areas for low density residential development where appropriate urban services and facilities are provided or where the extension of such services and facilities will be physically and economically feasible. Generally these districts will be characterized by single family detached dwellings.
(2)
Uses permitted.
A.
Single family dwellings, excluding single-wide manufactured homes on individual lots.
B.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
C.
Detached accessory dwellings, limited to one per lot, shall be clearly subordinate in size, height, and purpose to the principal building; they shall be located on the same lot as the principal building, but they shall be detached from the principal building and may be served by separate utility meters. A detached accessory dwelling can be an independent structure, a dwelling unit above a garage, or attached to a workshop or other accessory building on the same lot as the principal building. Detached accessory dwellings shall be located on lots in accordance with standards for accessory buildings.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(Ord. No. 2025-005, § 1, 6- 9-2025)
(1)
Purpose and intent. The intent of the R3 high density residential district is to provide suitable area for high density residential development where appropriate urban services and facilities are provided or where the extension of such services and facilities will be physically and economically feasible. Generally these districts will be characterized by single family and two-family detached dwellings.
(2)
Uses permitted.
A.
Single family dwellings, excluding single family manufactured homes on individual lots.
B.
Two family dwellings.
C.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
D.
Detached accessory dwellings, limited to one per lot, shall be clearly subordinate in size, height, and purpose to the principal building; they shall be located on the same lot as the principal building, but they shall be detached from the principal building and may be served by separate utility meters. A detached accessory dwelling can be an independent structure, a dwelling unit above a garage, or attached to a workshop or other accessory building on the same lot as the principal building. Detached accessory dwellings shall be located on lots in accordance with standards for accessory buildings.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(Ord. No. 2025-005, § 1, 6- 9-2025)
(1)
Purpose and intent. The intent of the MFR multifamily residential district is to provide suitable areas for multifamily residential developments where sufficient urban facilities are available or where the extension of such facilities will be physically and economically feasible. It is not the intent of this district to restrict in number the dwelling units contained in a building provided there is sufficient area of zone lot and open space on the lot relative to the number of dwelling units. These districts are intended to permit community facility and public utility installations which are necessary to service the residents of these districts.
(2)
Uses permitted.
A.
Multifamily dwellings and duplexes.
B.
Accessory buildings customarily incidental to the permitted use. Accessory buildings shall not exceed 25 feet in height and shall be greater than or equal to five feet from any property line or principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
(3)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(1)
Purpose and intent. The intent of the MHP manufactured home park district is to provide minimum standards for the development of manufactured home parks within the town. These standards are designed to provide healthful, attractive, and efficient manufactured home parks for the benefit of the residents of Somerville. Manufactured home parks shall be allowed only in areas as provided within this zoning ordinance and shall be occupied by single family manufactured home dwellings. This shall not preclude but shall include all provisions as set forth in T.C.A. § 68-126.
(2)
Installation. It is unlawful to occupy any manufactured home unless it has been installed by a person licensed by the Tennessee Department of Commerce and Insurance to make such installation (T.C.A. § 68-126-403). The burden of proof of proper installation shall be upon the owner.
(3)
Uses permitted.
A.
Single family manufactured homes in properly sited and licensed manufactured home parks.
B.
Accessory buildings customarily incidental to the permitted use with the following restrictions:
i.
Only one accessory building is allowed per manufactured home.
ii.
Accessory buildings are not be used for human habitation.
iii.
Maximum 150 feet 2 for each accessory building and shall not exceed 25 feet in height.
iv.
Each accessory building is to be located a minimum of ten feet from its principal manufactured home and must not be visible from any public road.
(4)
Uses permitted by special exception and prohibited uses. See section 14-2-1106 and table 1.
(5)
Footings and underskirt requirements.
A.
All manufactured homes permitted under this section shall be set upon concrete pads and elevated on blocks or steel piers which are constructed upon a concrete footing and each manufactured home shall be anchored with approved anchors as required by T.C.A. § 68-45-103. Each concrete pad shall be a minimum of ten feet wide.
B.
All manufactured homes moved into any manufactured home park, existing or new, after the effective date of these provisions shall be under-skirted to prevent the accumulation of refuse and rodents.
(6)
Street system.
A.
The internal street system shall consist of paved streets with a paved width of 22 feet.
B.
Paved streets shall consist of a sub-base of six inches of crush run gravel, or other comparable substrate as approved by the Somerville Planning Commission, and finished with a minimum asphalt thickness of two inches.
(7)
[Water lines.] Water lines shall consist of a minimum six-inch water main looped for adequate water pressure for fire protection with one hydrant every 250 feet and shall be approved by the public works department.
(8)
[Sewer lines.] Sewer lines shall consist of a minimum eight-inch sewer pipe, with four-inch force mains where applicable, designed according to the standards required in the subdivision regulations and shall be approved by public works department.
(9)
[Sidewalks.] Concrete sidewalks shall have a minimum width of 60 inches and shall be provided for manufactured home spaces to the manufactured home park office. The sidewalks shall be a minimum of three inches thick and shall be designed to minimize cracking.
(10)
Paved parking. All manufactured home plots shall provide a minimum of 400 feet 2 of paved parking area.
(11)
Lighting. Lighting within the manufactured home park shall be consistent with lighting intensity and spacing as provided within the residential areas of the Town of Somerville and consistent with all applicable standards of the Town of Somerville.
(12)
[Certification.] Certification is required of the owner and trustee of the mortgage and shall serve as the commitment by the owner that the site will be developed as shown on the approved site plan. Upon such certification, the approved site plan shall be recorded by the owner with the Fayette County register's office and shall regulate the development of the manufactured home park. If, during the process of construction, the building inspector notes variations from the approved site plan, he shall promptly notify the owner in writing of these variations and shall direct that the variations be corrected within a specified period. If, after proper notice by the building inspector, the owner has not complied with the provisions of the approved site plan, the building inspector shall have the authority to cite the owner to municipal court for violation of this chapter. However, the building inspector shall have the authority to authorize minor revisions to the approved site plan during the process of construction, if, in his opinion, the revisions do not substantially alter the nature of the approved site plan, with the written concurrence of the planning director.
(13)
Public improvements. All required Public improvements to be completed at the expense of the developer shall require execution of a development agreement between the developer and the Town of Somerville to ensure adequate completion of all required public improvements. Such development agreements shall be as provided for in the Somerville subdivision regulations and other technical specifications and shall be approved by the Town of Somerville Board of Mayor and Aldermen. All development agreements shall require the developer to provide all costs associated with said public improvements and shall include a surety bond or irrevocable letter of credit for said public improvements.
(14)
Licenses and license fees.
A.
No manufactured home may be located in the Town of Somerville unless the same shall be in an approved and duly licensed manufactured home park.
B.
It shall be unlawful for any person to maintain or operate within the corporate limits of the Town of Somerville any manufactured home park unless such person shall first obtain a license for said manufactured home park.
C.
Licenses shall not be transferrable.
D.
The annual license fee for each manufactured home park shall be established by the Town of Somerville Board of Mayor and Aldermen.
E.
The manufactured home park license shall be issued by the building inspector upon completion and compliance with all requirements for the manufactured home park. The license shall be conspicuously posted in the office of, or on the premises of, the manufactured home park at all times.
(15)
Registry of manufactured homes. It shall be the duty of the manufactured home park licensee to keep a registry containing a record of all manufactured home owners located within the manufactured home park. The register shall contain:
A.
Make, model and year of all manufactured homes.
B.
Owner and lessee of each manufactured home.
C.
The dates of arrival and departure of each manufactured home or recreational vehicle. The park shall keep the registry available for inspection at all times by law enforcement officers, whose duties necessitate acquisition of the information contained in the registry. All records within the registry shall be retained with the registry for a minimum of three years following the departure or cessation of each manufactured home listed on the registry.
(16)
Nonconforming manufactured home parks. With the exception of minor repairs, maintenance, and alterations allowed pursuant to state law, no alterations to a nonconforming manufactured home park shall be allowed. Unless otherwise allowed by law, any substantial improvement to a nonconforming manufactured home park shall be deemed an abandonment of the nonconforming status and shall result in the reclassification of such manufactured home park as a prohibited use.
(1)
Uses Permitted by Special Exception - The following uses are not inherently inconsistent with the intent and purpose of particular zones; however, they could create special problems or hazards if allowed to develop and locate as a Use by Right. These uses are permitted by approval of a Special Exception by the Board of Zoning Appeals (BZA) upon review of the criteria established herein, and upon consideration of numerous factors, such as traffic flow, noise, quality of life issues for adjacent neighborhoods, etc.
A.
Uses identified in table 1.
B.
Incidental home businesses as identified in table 1.
(2)
Review criteria for uses other than incidental home businesses. The BZA shall have the power to impose greater requirements than those set forth in this section or to impose conditions on the location and design of access points or other features as may be required to protect the neighborhood from traffic congestion or other undesirable conditions. The BZA shall state in writing the reasons for denial of any properly submitted site plan.
(3)
Review criteria for incidental home businesses. A Somerville business permit shall be required to operate any business in the Town of Somerville. Incidental home businesses that are conducted in their entirety without any increase in traffic or usage in and around the home shall not be required to obtain BZA approval. Incidental home businesses as listed in table 1 may be considered provided that no building permits or certificates of occupancy for such use shall be issued without the written approval of the BZA and subject to such conditions as the BZA may require in order to protect and preserve the character of the neighborhood in which the proposed use is located; and then provided further that:
A.
The business principal shall be a resident of the dwelling unit in which the proposed use is located;
B.
The business use shall not result in greater than four vehicles or customers per hour at the residence between the hours of 7:00 a.m. and 6:00 p.m. and no business traffic shall be allowed other than the stated hours;
C.
No activity, material, goods, or equipment indicative of the proposed use shall be visible from any public way;
D.
The proposed use shall not be advertised by the display of goods or signs on the lot on which the proposed use is located;
E.
The proposed use shall not generate noise, odor, fumes, smoke, vehicular or pedestrian traffic, nor nuisance of any kind which would tend to depreciate the residential character of the neighborhood in which the proposed use is located;
F.
The proposed use shall provide adequate off-street parking facilities;
G.
Nothing in this section shall be interpreted to mean the discontinuance of an existing lawful incidental home business, but hence forth, all new incidental home businesses, and those existing incidental home businesses allowed to lapse for one year or more shall be governed by the foregoing provisions relative to incidental home businesses.
(4)
Uses prohibited.
A.
Uses as identified in table 1 located in the back of the zoning ordinance.
B.
Any other uses determined by the BZA to represent a hazard or unacceptable interference with the quality of life in the neighborhood.
(Ord. No. 2023-010, § 2, 5-13-2024)
(1)
Purpose and intent. The intent of the RD redevelopment district is to create a dynamic, mixed-use environment, where walking is the predominant mode of transportation; provide for a range of housing choices in close proximity to each other, including vertical mixed-use; create land development solutions that are not typically found elsewhere in the Town of Somerville; create quality public spaces that are usable for a variety of public and semi-public activities; create connectivity for pedestrian and vehicular traffic; place buildings close to the street, so that streets are defined as "outdoor rooms;" and, enhance all the streetscapes and maximize on-street parking.
(2)
Uses permitted. Uses as identified in table 1.
(3)
Uses permitted by appeal. Uses as identified in table 1.
(4)
Uses prohibited.
a.
Uses as identified in table 1.
b.
Manufacturing.
c.
Any other business determined by the BZA to represent a hazard or unacceptable interference with the quality of life in the neighborhood.
(5)
Accessory buildings. Accessory buildings are permissible which are considered to be customarily incidental to the intended use of the principal building. Accessory buildings shall not be allowed closer to the edge of pavement than the distance between the principal building and the edge of pavement.
(6)
Lot area, width, setbacks, landscape areas, building height, sidewalks, landscaping and building materials. Due to the unique nature of the redevelopment district, limitations concerning these attributes shall be considered individually by the design review commission or planning commission, with consideration of the purpose and intent of the redevelopment district.