Within the districts established by this zoning ordinance or amendments that may later be adopted, there exist uses and/or structures which were lawful before this zoning ordinance was passed or amended, but which would be prohibited, regulated, or restricted under current restrictions. Except as noted otherwise within this zoning ordinance, any such uses shall be considered nonconforming uses and shall be permitted to continue in their existing condition; however, any structure or parcel which has been nonconforming, and which hereafter becomes vacant and remains vacant or is not used for a continuous period of 30 months or more is not to be occupied thereafter except by a conforming use and form as specified in the regulations of the zone in which such structure is located. The burden of establishing the existence of any nonconforming use shall be upon the owner and not the Town. Additional requirements for nonconforming uses include:

(1)

Any existing nonconforming structure, parcel, or use may not be:

A.

Modified in any manner that would change the historic usage, except in conformity.

B.

Removed and replaced with another nonconforming circumstance.

C.

Re-established after discontinuance of 30 continuous months.

(2)

Any lot which existed prior to the enactment of this zoning ordinance and may not have sufficient land or attributes within an existing lot to conform to current requirements may appeal to the board of zoning appeals for a variance that would allow building upon the existing lot. Permission to use such lots may be granted at the discretion of the board of zoning appeals, however, providing that the provisions of the district are complied with as closely as is possible in the opinion of the board of zoning appeals.

(3)

Where applicable, nonconforming provisions of this zoning ordinance are superseded by T.C.A. § 13-7-208 which provides that a change in the zoning of an area where a previously permitted industrial, commercial or business use is prohibited under such zoning change shall not act to prevent expansion of such industrial, commercial, or business establishments or destruction and rebuilding as long as such expansion or destruction and rebuilding involves an actual continuance of the activity of such establishment prior to expansion or destruction and rebuilding.

In all business and industrial districts, except for the central business district (CB), every building or structure used for commercial purposes shall provide adequate space for the loading or unloading of vehicles away from the existing public alley or street. Such loading space shall have access to a public alley or street.

In order to promote the safety of motorists and pedestrians and to minimize traffic congestion and conflict by reducing the points of contact, the following regulations shall apply:

(1)

A point of access, i.e., a drive or other opening for vehicles onto a street shall not exceed 30 feet in width. However, for properties with greater than 300 feet of frontage on major arterials using one driveway, the maximum width of driveways is 40 feet.

(2)

There shall not be more than two points of access to any one public street on a lot less than 400 feet but more than 100 feet in width. Lots less than 100 feet in width shall have only one point of access.

(3)

Points of access to any one public street for lots of more than 400 feet in width shall be no closer than 100 feet apart.

(4)

No point of access shall be allowed within ten feet of the right-of-way of any public street intersection.

(5)

Where sidewalks exist, the area existing between the street and an interior parking space or driveway parallel to the street shall have a curb of at least six inches in height and six inches in width separating the parking area from the sidewalk to prevent encroachment of vehicles onto the sidewalk area. This provision shall not apply in circumstances requiring an inclined ramp for handicap access.

(6)

No curbs on public streets or rights-of-way shall be cut or altered without written approval of the building inspector.

(7)

Cases requiring variances relative to this action, and hardships not caused by the property owner, shall be heard and acted upon by the board of zoning appeals, provided further that no curb cuts for off-street automobile storage or parking space shall be permitted where the arrangement would require that vehicles back directly into a public street (this is not to include private parking for residential property).

(8)

Access control on property abutting state or federal highways shall be governed by official regulations of the Tennessee Department of Highways or the provisions of this zoning ordinance, whichever is more restrictive.

The front of any lot shall be defined as any side of a lot that has public street frontage; therefore, some lots may have more than one front. All lots not in the CB (central business) district or PUD's (planned unit developments) must front on a public street for a distance of at least 50 contiguous feet, except on cul-de-sac lots with frontage on the curved turn-around where a minimum of 25 contiguous feet shall be required. Minimum road frontage width must be maintained up to the front of the principal building. Easements shall not be considered road frontage.

The use of a trailer or manufactured home as a dwelling unit on any lot other than a licensed and approved manufactured home park is prohibited; and no manufactured home shall be used as a place of business.

Modular homes shall be allowed on individual lots in any residential district, provided the following conditions are met:

(1)

The unit must be installed on a permanent foundation system in compliance with all applicable requirements of the standard building code.

(2)

The home must be covered with an exterior material customarily used on conventional dwellings. When a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Other materials such as brick, block, concrete and stone may be used as foundation enclosures. Steps and porches must be permanent construction in compliance with all applicable requirements of the standard building code. The following are acceptable materials: brick, block, concrete and stone. A wooden deck is an acceptable replacement for a porch or steps.

(3)

The hitches or towing apparatus, axles and wheels must be removed.

(4)

The roof must be pitched so there is at least a three-inch vertical rise for each 12 inches of horizontal run. The roof must consist of material that is customarily used for conventional dwellings including, but not limited to, approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum or corrugated fiberglass.

(5)

All such units shall be required to connect to a public utility system which includes gas, electric, water and sewer in compliance with the standard building code and National Electrical Code and all other applicable codes.

(6)

No appearance criteria shall be required for modular homes that are not required for site-built homes.

Junkyards, salvage yards, towing companies and wrecker services shall have all junk screened from public view by a minimum of six feet of visual height screening as permitted by the design review committee. Nonconforming junkyards, salvage yards, towing companies, and wrecker services shall be required to submit an acceptable site plan for screening to the design review commission and construct same within six months of enactment of this zoning ordinance.

(Ord. No. 2023-010, § 1, 5-13-2024)

On any lot not in the CB central business district, there shall be no obstruction to vision between two and one-half and ten feet above ground level within 14 feet of the edge of pavement of any street or alley, provided that this provision shall not restrict necessary retaining walls.

Privacy fences shall not be allowed closer to the edge of pavement fronting the principal building than the distance between the front of the principal building and the edge of pavement fronting the principal building, except in cases where screening is deemed necessary to adequately separate conflicting uses.

All lights which will be subsequently approved and accepted by the Town of Somerville for future maintenance shall be LED (light-emitting diode) Cree BXSPA03HA-USN 100 Watt, 4,000 Kelvin, with a life expectancy of greater or equal than 15,000 cycles.

Only one principal building and its customary accessory buildings may hereafter be erected on any single lot except for approved PUDs (planned unit developments).