Above ground pools: shall not be allowed closer to the road than the rear of the principal dwelling. 305.5 On ground residential pool structure as a barrier. An above ground or on ground residential pool wall structure or a barrier mounted on top of an on ground residential pool wall structure shall serve as a barrier where all of the following conditions are present.

A.

Where only the pool wall serves as the barrier, the bottom of the wall is on grade, the top of the wall is not less than 48 inches (1219 mm) above grade for the entire perimeter of the pool, the wall complies with the requirements of Section 305.2 and the pool manufacturer allows a wall to serve as a barrier.

B.

Where a barrier is mounted on top of the pool wall, the top of the barrier is not less than 48 inches (1219 mm) above grade for the entire perimeter of the pool, and the wall and the barrier on top of the wall comply with the requirements of Section 305.2.

C.

Ladders or steps used as a means of access to the pool are capable of being secured, locked or removed to prevent access except where the ladder or steps are surrounded by a barrier that meets the requirements of Section 305.

D.

Openings created by the securing, locking or removal of ladders or steps do not allow the passage of a four inch (102 mm) diameter sphere.

E.

Barriers mounted on top of above ground residential pool walls are installed in accordance with the pool manufacturer's instructions.

Accessory building: Please refer to the corresponding section of this zoning ordinance:

Accountants: See "office use (general)" for central business district restrictions.

Administrative services: See "office use (general)" for central business district restrictions.

Adult oriented establishments: As defined in and subject to the restrictions in T.C.A. § 7-51-11 and as defined in and subject to restrictions in T.C.A. §§ 7-51-14 and 7-51-1402 and title 8, chapter 2 (alcoholic beverages) and title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Advertising services: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Agritourism: Agritourism must be secondary to agricultural production on the property.

Air bed and breakfast and bed and breakfast: If we are going to allow air B&B and bed and breakfast establishments to operate only in certain zones within the town limits, the board of mayor and aldermen must first adopt an ordinance regulating these establishments.

Amusement and recreation: Subject to restrictions in title 8, chapter 2 (alcoholic beverages) of the Town of Somerville Municipal Code.

Animal boarding facility: Subject to restrictions in title 10, chapter 1, section 2 (animal control) of the Town of Somerville Municipal Code.

Apartments within business districts: Apartments within business districts will be limited to accessory residential above a nonresidential use.

Arcades: Subject to restrictions in title 8, chapter 2 (alcoholic beverages) of the Town of Somerville Municipal Code.

Architects and designers: See "home business" for residential district restrictions. See also "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Art and music school/lessons: See "home business" for residential district restrictions. See also "office use (general)" for central business district restrictions.

Attorney's office: See "home business" for residential district restrictions. See also "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for Limited Business restrictions.

Auto repairs: As defined in and subject to the restrictions in T.C.A. title 55, chapter 23.

Bail bond services: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Bar or nightclub: Subject to restrictions in title 8, chapter 2 (alcoholic beverages) and title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Barber shop: In residential districts, restrictions are listed under "home business" of this list of restrictions.

Beauty parlor: In residential districts, restrictions are listed under "home business" of this list of restrictions.

Billiard parlor: Subject to restrictions in title 8, chapter 2 (alcoholic beverages) of the Town of Somerville Municipal Code.

Boarding or rooming house: Limited to three non-family roomers or boarders.

Business services: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Cemetery/mausoleum: Requires a resolution approved by the board of mayor and aldermen.

Churches within residential districts: See part 7, section 1, paragraph F (parking) of the Town of Somerville Zoning Ordinance.

Churches within business districts: See part 7, section 1, paragraph F (parking) of the Town of Somerville Zoning Ordinance.

Community center (public or private): See title 8, chapter 2 (alcoholic beverages) in the Town of Somerville Municipal Code and part 7, section 1, paragraph F (parking) of the Town of Somerville Zoning Ordinance.

Consulting service: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Country club: Limited to PUD within low density and high density residential.

Day care (children only): In residential districts, restrictions are listed under "home business" of this list of restrictions.

Deleterious product sales: As defined in and subject to the restrictions in T.C.A. title 7, chapter 51, § 11 and as defined in and subject to restrictions in T.C.A. title 7, chapter 51, §§ 14 and 7-51-1402 and title 8, chapter 2 (alcoholic beverages) and title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Dentist's office: See "office use (general)" for central business district restrictions.

Electrical contractor: See "home business" for residential district restrictions.

Engineer: See "home business" for residential district restrictions. See also "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Escort services: As defined in and subject to the restrictions in T.C.A. title 7, chapter 51, § 11 and as defined in and subject to restrictions in T.C.A. title 7, chapter 51, §§ 14 and 7-51-1402 and title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Event center: Must be a stand-alone building located on a property dedicated for that purpose, with dedicated parking and a separate ingress and egress with no party wall.

Health clinic: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Health services: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Home business: Customary incidental home occupations may be allowed provided that no building permits or certificates of occupancy for such use shall be issued without the written approval of the board of zoning appeals and subject to such conditions as the board of zoning appeals 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 proposed use shall be located and conducted in the principal building;

B.

The principals and employees engaged in the proposed use shall be residents of the principal building on the property in which the proposed use is located;

C.

Not more than 15 percent of the total floor area in the principal building shall be devoted to proposed use;

D.

Proposed use shall not constitute primary or incidental storage facilities for a business, industrial, or agricultural activity conducted elsewhere;

E.

No activity, material, goods, or equipment indicative of the proposed use shall be visible from any public way;

F.

The proposed use shall not be advertised by the display of goods or signs on the lot on which the proposed use is located;

G.

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;

H.

The proposed use shall provide adequate off-street parking facilities;

The following occupations, subject to the preceding requirements, shall be the only ones permitted as customary home occupations, provided a resident of the home is engaged in such occupations.

A.

Artist, architect, author, composer, sculptor;

B.

Dressmaker, milliner, seamstress, tailor;

C.

Beauty and barber shops (limited to one operator, who must be a resident of the home);

D.

Day care, provided compliance with all state and federal laws governing day care.

E.

Foster care, provided compliance with all state and federal laws governing foster care;

F.

Teaching, including tutoring, musical instruction, art classes or dancing, not to exceed ten individuals, including the instructor(s);

G.

Rooming and boarding houses limited to three non-family roomers or boarders;

H.

Other uses similar in nature, which will not be a detriment to the neighborhood or adjacent structures, as determined by the board of zoning appeals.

Nothing in this [part] shall be interpreted to mean the discontinuance of an existing lawful home occupation, but hence forth, all new home occupations, and those existing home occupations allowed to lapse for one year or more shall be governed by the foregoing provisions relative to home occupations.

Hotels and motels: Hotels and motels within the central business district will be limited to accessory residential above a nonresidential use.

Insurance: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Legal services: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Liquor store: Subject to restrictions in title 8 of the Town of Somerville Municipal Code.

Management services: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Massage parlors: As defined in and subject to the restrictions in T.C.A. title 7, chapter 51, § 11 and as defined in and subject to restrictions in T.C.A. title 7, chapter 51, §§ 14 and 7-51-1402 and title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Medical facilities or clinics: See "office use (general)" for central business district restrictions.

Microbrewery: The area used for brewing, including bottling and kegging, shall not exceed 25 percent of the total floor area of the commercial space. Subject to restrictions in title 8, chapter 2 (alcoholic beverages) of the Town of Somerville Municipal Code.

Mobile food preparation vehicles: Must comply with Title 9, Chapter 7 of the Town of Somerville Municipal Code.

Office use (general): Refer to section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions. Limited to 50 percent of the total retail space available in the central business district.

Optometrist: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Personal services: Subject to restrictions in title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Portable on-demand storage container: Permissible by permit only, not to exceed 90 days.

Printing and copying services: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Property line: A property line is a line that defines the legal limits of a piece of land and sets the legal boundaries of a property's ownership and maintenance, determines the rightful ownership of the property and affects the rights of neighbors to access their land.

Real estate office: See "office use (general)" for central business district restrictions.

Savings and loan: See "office use (general)" for central business district restrictions and section 14-2-1202 of the Town of Somerville Zoning Ordinance for limited business restrictions.

Shipping container: Permissible by permit only. Shipping containers, or similar metal storage containers, whether permanently attached to the ground or not, shall not be permitted as an accessory building in any residential zoning district, unless used for a temporary purpose for a period not to exceed 90 days. Shipping containers may be permitted by special exception in general business and redevelopment districts. Permitted in light and heavy manufacturing and prohibited in central business and limited business. Shipping containers may not be any closer to the road than the rear of the principal building. (Previously listed in this ordinance as a definition.)

Stables/horse boarding: Subject to restrictions in title 10, chapter 1, section 2 (animal control) of the Town of Somerville Municipal Code.

Tattoo parlor: Subject to restrictions in title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Telecommunication towers: Subject to restrictions in part 14 (communication towers) of the Town of Somerville Zoning Ordinance.

Towing Companies/Wrecker Service: To be the same district, restrictions and specifications as junk yards and scrap yard.

Trampoline: Shall not be allowed closer to the road than the rear of the principal dwelling.

Turkish baths: Subject to restrictions in title 9, chapter 6 (sexually oriented businesses) of the Town of Somerville Municipal Code.

Vending machines: All vending machines must be located on private property. No vending machine shall be permitted on public property including, but not limited to, public sidewalks.

(Ord. No. 2023-010, § 7,  5-13-2024; Ord. No. 2024-008, § 4, 10-14-2024; Ord. No. 2025-005, § 3,  6- 9-2025)