A.

The administration of this ordinance is hereby vested in two (2) offices of the government of the City of Springfield as follows:

The Community Development Director, and his or her duly appointed assistants. The Board of Zoning Appeals.

B.

It is the purpose of this chapter to set out the authority of each of these two (2) offices and then describe the procedures and substantive standards with respect to the following administrative functions:

(1)

Issuance of Permits

(2)

Issuance of Use and Occupancy Permits

(3)

Performance Standards

(4)

Variances

(5)

Conditional Use Permits

(6)

Amendments

A.

Appointment of the Community Development Director.

There is hereby created the office of Community Development Director. The Community Development Director shall be executive head of the office and shall be appointed by the City Manager. The City Manager may appoint from time to time such assistant to the Community Development Director as may be authorized.

B.

Duties of the Office of the Community Development Director.

The Community Development Director shall enforce this ordinance, and in addition thereto and in furtherance of said authority he shall:

(1)

Issue all zoning permits, and make and maintain records thereof;

(2)

Issue all use and occupancy permits, and make and maintain all records thereof;

(3)

Conduct inspections of buildings, structures, and use of land to determine compliance with the provisions of this ordinance;

(4)

Maintain permanent and current records of this ordinance, and subsequent amendments, including, but not limited to, all maps, amendments, conditional uses, variations, appeals and applications therefore;

(5)

Provide information to the public on all matters relating to this ordinance;

(6)

Receive, file and forward to all necessary agencies all applications for conditional uses and for amendments to this ordinance;

(7)

Receive, file and forward to the board of zoning appeals all applications for variances or other matters, on which the board is required to pass under the provisions of this ordinance;

(8)

Initiate, direct a review, from time to time, a study of the provisions of this ordinance, and make reports of his recommendations to the planning commission at least annually.

C.

Powers of the Community Development Director Regarding the Issuance of Permits.

The Community Development Director shall have the power to grant zoning permits and use and occupancy permits, and make inspections of buildings or premises necessary to carry out his duties in the enforcement of this ordinance. It shall be unlawful for the Community Development Director to approve any plan or issue any permits as certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform to this ordinance.

Under no circumstances is the Community Development Director permitted to make changes in this ordinance nor to vary its terms and provisions in carrying out his duties.

The Community Development Director shall not refuse to issue a permit when conditions imposed by this ordinance are complied with by the applicant despite the violations of contracts such as covenants or private agreements, which may occur upon the granting of said permit.

D.

Powers of the Community Development Director to Enforce Performance Standards.

The Community Development Director shall enforce performance standards in accordance with the procedure set forth below:

(1)

Procedure

Before issuing a zoning permit for a use in any CG, RI, GI Districts, the Community Development Director shall be given information by the applicant sufficient to ensure that all performance standards and site development standards set forth in this ordinance can and will be complied with at all times.

Where in the opinion of the Community Development Director or other designated inspector, there is a probable violation of any provision of this ordinance, he is empowered, within available appropriateness therefore, to have a qualified technician perform such investigations, measurements, and analysis as may be necessary to determine whether or not there is in fact a violation of this ordinance. Upon confirmation of a violation, the offending industry or activity shall bear the cost incurred by the city in retaining the qualified technician.

(2)

Power to Make Measurement of Manufacturing or Other Uses in Districts Where Performance Standards Apply

Notwithstanding the foregoing provisions, in any district where performance standards apply, the Community Development Director may cause to have made, within available appropriations therefore, scientific tests of any use to determine its performance characteristics, whether or not a violation exists.

(3)

Right of Entry upon Land

The Community Development Director or persons engaged by him to perform tests or any other duties may enter upon any land within the jurisdiction of the city for the purpose of performing tests, making examinations, or surveys, and placing or removing public notices as may be required by this ordinance.

(4)

Conflict with State or Federal Enforcement

Where any of the performance standards contained herein are enforced by appropriate state or federal authorities, the Community Development Director shall be exempted from such enforcement. However, this shall not be construed as preventing the city from adopting and enforcing stricter standards than federal or state if the city so desires.

(5)

Peace Officer Powers of the Community Development Director and Assistants

The Community Development Director and his or her assistants, in the performance of any duties vested in such officers under this ordinance, are vested with the full power and authority of a peace officer, or policeman, of the City of Springfield to issue citations to any person, firm or corporation alleging any such violation, returnable to the Municipal Court of the City.

A.

Zoning Permits Required:

(1)

No building or other structure shall be erected, moved, added to or structurally altered without a zoning permit issued by the Department of Community Development and Planning. Applications for zoning permits may be obtained from the Department of Community Development and Planning.

(2)

Any exterior addition or change in any existing residential use or development when changing the residential use to commercial, industrial, or institutional use shall require the issuance of a zoning permit in addition to any required building permit or use and occupancy permit.

(3)

Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any office, department, or employee of the city unless a zoning permit is approved by the Director of Community Development and Planning indicating that the proposed building or structure complies with all the provisions of this ordinance.

(4)

Any zoning permit or use and occupancy permit issued in conflict with the provisions of this ordinance shall be null and void.

B.

Site Plan Required for Zoning Permits:

There are four (4) types of site plans defined in this section:

(1)

Residential layout plan,

(2)

Minor site plan,

(3)

Site plan for rezoning, and

(4)

Major site plan.

It shall be the duty of the Director of Community Development and Planning or the Codes Administrator to determine which type of site plan applies to each application for a zoning permit.

C.

Provisions for Site Plan Approval:

(1)

All site plans shall be approved by the Director of Community Development and Planning and, when necessary, other approving authorities as herein prescribed prior to the issuance of any zoning permit or building permit.

(2)

All site plans for public buildings and/or facilities shall be reviewed and approved by the Springfield Municipal and Regional Planning Commission in addition to the city staff.

(3)

All site plans for developments situated within a zoned commercial planned unit development shall be reviewed and approved by the Springfield Municipal and Regional Planning Commission in addition to the city staff.

(4)

All site plans for commercial, industrial and/or public facilities that exceed fifty thousand (50,000) square feet in gross floor area shall be reviewed and approved by the Springfield Municipal and Regional Planning Commission in addition to the city staff.

D.

A Site Plan will not be required in the following instances:

(1)

Exceptions to the required site plan submission include permitted obstructions in required yards in all zoning districts.

(2)

A site plan for rezoning will not be required prior to filing the major site plan for construction when a rezoning change is necessary.

(3)

A site plan will not be required when the renovation or remodeling of a building is confined within the existing wall of the building.

(4)

A site plan is not required in cases of demolition or clearing of property unless otherwise required by the Provisions of Grading and Erosion Control within the Zoning Ordinance.

(5)

A site plan is not required for improvements on property zoned and used for agricultural purposes.

E.

Development According to a Site Plan:

It shall be unlawful for any person to construct, erect, or alter any building or structure, or develop, change or improve land for which a site plan is required except in accordance with the approved site plan; except that site plans may be waived in the above-mentioned circumstances or as allowed as a minor adjustment to a site plan as defined further in this section.

F.

Types of Site Plans:

There are four (4) separate types of site plans that may, under certain circumstances, be required by the Director of Community Development and Planning depending upon the nature of the application for zoning permit:

1) Residential Layout Plan

2) Minor Site Plan

3) Site Plan for Rezoning

4) Major Site Plan for Construction

(1)

Residential Layout Plan:

Proposed single family residential, duplexes, and other residential housing no more than two (2) dwelling units may submit a scaled drawing and/or floor plan in lieu of a site plan. Required features to be shown on a residential layout plan include:

(a)

Property address, subdivision name, and lot number.

(b)

Contractor name, address, and telephone number.

(c)

Property owner name, address and telephone number.

(d)

Dimensions of lot or tract.

(e)

Total area (square footage or acreage) of the lot or tract.

(f)

Zoning classification of this property.

(g)

Setback lines.

(h)

Total square footage of proposed and existing structures.

(2)

Minor Site Plan:

A minor site plan may qualify for a zoning permit in the event that the proposed development, addition, remodeling, or construction meets the following criteria:

(a)

Does not exceed five thousand (5,000) square feet of gross floor area.

(b)

Is confined to an area presently covered by an impermeable surface such as asphalt or concrete.

(c)

Does not require additional parking spaces under the provisions of the Zoning Ordinance.

(d)

Does not require the relocation of any utility or drainage facility or easement.

(e)

Minor site plans shall be scaled drawings prepared by a licensed surveyor or engineer depicting:

(i)

The general location of the property identifying streets, railroads, water bodies, etc.

(ii)

Property address.

(iii)

Property owners on site as well as all those adjoining.

(iv)

Present and proposed buildings.

(v)

Parking spaces.

(vi)

Present and proposed utilities.

(vii)

Setback lines.

(viii)

Existing and proposed landscaping, screening and/or buffering techniques.

(ix)

Existing land use of the site.

(x)

Existing land use of all adjoining properties.

(xi)

Zoning classification of the site.

(xii)

Zoning classification of all adjoining properties.

(f)

Upon review of the minor site plan, unless special conditions requiring more detailed information are determined by the Director of Community Development and Planning, the minor site plan shall be approved in lieu of a major site plan for construction.

(3)

Site Plan for Rezoning:

Every site plan for rezoning submitted in accordance with this section shall show:

(a)

The location of the following land uses when involved:

(i)

Residential

(ii)

Commercial

(iii)

Industrial

(iv)

Government

(v)

School areas

(vi)

Parking areas

(vii)

Other open spaces

(viii)

Institutional uses

(b)

The following additional information is to be included:

(i)

Name and address of development.

(ii)

Boundary of the entire tract by courses and distances.

(iii)

Area and present zoning of tract.

(iv)

Name and address of the owner or owners of record of the tract and the applicant:

(v)

Owner and present use of all contiguous or abutting property.

(vi)

Date, scale, north point, and number of sheets

(a)

Scale shall be one (1) inch equals fifty (50) feet or larger.

(b)

When more than one sheet is required to cover entire project, a common sheet general in nature shall be provided which shall show all the individual sheets of an application in proper relationship to each other.

(vii)

Courses and distances of centerlines of all streets and roads adjoining or abutting the tract.

(viii)

All building restriction lines, highway setback lines, easements, covenants, reservations, and rights-of-way.

(ix)

A blank space, three (3) inches wide and five (5) inches high, for the use of the approving authority.

(x)

In addition to the information required above, the site plan shall show the location, dimensions, size, and height of the following when existing:

(a)

Sidewalks, streets, alleys, and easements.

(b)

Buildings and structures.

(c)

Driveways, entrances, exits, parking areas and loading spaces.

(d)

Slopes, terraces and retaining walls.

(e)

Landscaping, fencing and screening.

(xi)

Any restrictions imposed on the property by the owner.

(xii)

Any additional information that may be required by the Planning Commission.

(xiii)

All required applications for rezoning, accompanying petitions and fees shall be submitted in conjunction with the site plan for rezoning.

(4)

Major Site Plan for Construction:

All new construction development unless otherwise stipulated in this ordinance shall be required to submit for approval a major site plan for construction. Every major site plan for construction shall show the following:

(a)

Name and address of development.

(b)

Boundary of the entire tract by courses and distances.

(c)

Area and present zoning of tract.

(d)

Name and address of the owner or owners of record of the tract and the applicant.

(e)

Owner and present use of all contiguous or abutting property.

(f)

Date, scale, north point and number of sheets:

(i)

Scale shall be one (1) inch equals fifty (50) feet or larger.

(ii)

When more than one (1) sheet is required to cover entire project, a common sheet, general in nature, shall be provided which show all the individual sheets of an application in proper relationship to each other.

(g)

Courses and distances of centerlines of all streets or roads adjoining or abutting the tract.

(h)

All building restriction lines, highway setback lines, easements, covenants, reservations and rights-of-way.

(i)

Existing topography with a maximum of two (2) feet contour intervals within one hundred (100) feet of all buildings and a minimum of five-foot contour intervals on the remainder of the tract.

(j)

Name, address, signature and registration number of the professionals preparing the plan.

(k)

A blank space, three (3) inches wide and five (5) inches high, for the use of the approving authority.

(l)

In addition to the information previously required in this section, the major site plan for construction shall show the location, dimensions, size and height of the following when existing:

(i)

Sidewalks, streets, alleys and easements

(ii)

Buildings and structures

(iii)

Driveways, entrances, exits, parking areas and loading spaces

(iv)

Sanitary sewer systems

(v)

Water mains and fire hydrants

(vi)

Gas, power and telephone lines

(vii)

Recreation areas

(viii)

Storm drainage systems to include natural and artificial watercourses

(m)

In addition to the information previously required in this section, the major site plan for construction shall show the location, dimension, size, and height of the following when proposed:

(i)

Sidewalks, streets, alleys and easements

(ii)

Buildings and structures to include:

(a)

Distances between buildings

(b)

Number of stories

(c)

Area in square feet of each floor

(d)

Number of dwelling units or guestrooms

(e)

Structures above the building height line

(iii)

Driveways, entrances, exits, parking areas and loading spaces to include:

(a)

Number of parking spaces

(b)

Number of loading spaces

(iv)

Water mains and fire hydrants

(v)

Sanitary sewer systems and easements

(vi)

Gas, power and telephone lines and easements

(vii)

Slopes, terraces and retaining walls

(viii)

Landscaping, fencing and screening

(ix)

Recreation areas and open green space

(x)

Plans for collection and depositing storm water based on a rational formula for drainage area

(xi)

All canopies, awnings and overhangs that are part of the building must meet the setback restrictions

(n)

Improvements to be required for public safety.

(i)

In order to assure public safety, general welfare and convenience, the city agencies and officials charged with the responsibility for review and recommendation of approval of Site Plans for Construction shall require such of the following improvements as fall within their respective assignment:

(a)

Designation of pedestrian walkways so that persons may walk on same from store to store or building to building within the site and to adjacent sites.

(b)

Construction of vehicular travel lanes or driveways that will permit vehicular travel on the site and to and from adjacent parking areas and adjacent property.

Cross reference— See Supplementary Provisions for Parking Requirements in this ordinance.

(c)

Connections wherever possible of all walkways, travel lanes and driveways with similar facilities in adjacent developments.

(d)

Screening fences, walls and curb as required by City Ordinances or by the regulations of the State of Tennessee, Department of Highways.

(e)

Easements or rights-of-way for all facilities to be publicly maintained. Each easement shall be clearly defined for the purpose intended.

(f)

Extension or construction of service road and access thereto on site bordering on a city primary highway.

(g)

Dedication or reservation of land for streets and service roads and the construction thereon.

G.

Persons Authorized to Prepare Site Plans

Site plans or any portion thereof, involving engineering, architecture, or land surveying shall be prepared and certified respectively by an engineer, architect, or land surveyor duly registered by the State to practice as such.

H.

Number and Size of Sheets and Number of Copies Required

(1)

A major site plan for construction may be prepared in one (1) or more sheets to show clearly the information required by this section to facilitate review and approval of the plan. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

(2)

The sheet or sheets to be used shall be twenty-four inches by thirty-six inches (24" × 36") or as approved by the Director of Community Development and Planning.

(3)

Eight (8) clearly legible blue or black line copies of a site plan, prepared in accordance with the requirements of this section, are required to be submitted for approval as hereinafter provided.

(4)

Any additional information required by the Planning Commission.

I.

Construction Standards

The construction standards for all off-site and on-site improvements required by this section shall conform to the design and construction standards of Springfield, Tennessee.

J.

Inspections and Supervision During Construction

(1)

Inspections during the installation of the off-site improvements and required on-site improvements shall be made by the city staff or other agency responsibilities for such improvements, as required to certify compliance with the approved site plan and applicable building standards.

(2)

The owner or developer shall provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent or foreman together with one (1) set of approved plans, profiles and specifications available at the site at all times when work is being performed.

K.

Submission of Site Plans

The required number of copies of the site plan shall be filed with the Department of Community Development and Planning unless otherwise instructed by the Director of Community Development and Planning. The filing of the plan shall include the signature of the application or his agent. A receipt from the City of Springfield evidencing the payment of all site plan fees as hereinafter prescribed for the examination and approval of site plans shall accompany the construction site plans.

L.

Review of Site Plans

(1)

The Director of Community Development and Planning is responsible for checking the site plans for general comments as may be established prior to routing copies thereof to reviewing agencies or officials. He shall see that all examination and review of the site plans are completed by the approving authorities in a timely manner. Applicants for zoning permits should contact the Department of Community Development and Planning at least thirty (30) days in advance of their desired construction start date to determine scheduling of their site plan and zoning permit application.

(2)

All site plans that are properly submitted shall be reviewed and approved or disapproved by the proper authorities.

(a)

The Planning Staff, relative to:

(i)

Compliance with the requirements of the Springfield Zoning Ordinance including permitted usage, setbacks, side-yards and rear yards, height of buildings, lot area, lot coverage, landscaping, fencing, and screening.

(ii)

Location and adequacy of automobile parking as to number of spaces, square footage per space including movement lanes and total area.

(b)

The Springfield Municipal and Regional Planning Commission, relative to:

(i)

Zoning change.

(ii)

Type of land use.

(iii)

Community input on public facilities and buildings.

(iv)

Resolving design disputes between the applicant.

(v)

Conformance to master plan in planned unit developments.

(vi)

Solicitation of public input.

(c)

The Director of Public Works or the City Engineer relative to:

(i)

Adequacy of drainage and proposed method of design of drainage system.

(ii)

Compliance with applicable established design criteria, construction standards and specifications for all required public improvements.

(iii)

Location and design of vehicular entrances and exits, in relation to pedestrian traffic.

(iv)

Location and design of all parking areas.

(v)

Concurrence of the Director of Community Development and Planning for the location of and design of the vehicular entrances and exits to and from city-maintained streets and highways.

(vi)

Adequate provision for traffic circulation and control within the site and providing access to adjoining property.

(d)

The Director of Water and Wastewater relative to design and location of water supply, fire protection and sanitary sewer facilities and easements.

(e)

The Fire Chief, or his agent under his supervision, relative to location of hydrants and emergency equipment access.

(f)

The County Health Department relative to individual sewage disposal systems and sewage when proposed.

(g)

The Director of Gas relative to design and location of gas supply, facilities and easements.

(h)

The Director of the Electric Department relative to design and location of electrical power supply, facilities and easements.

M.

Approval of Site Plans

The Director of Community Development and Planning, his assigns, or the Planning Commission as defined in this section shall approve or disapprove site plans in accordance with the reviewing authorities' recommendations. The approving authority shall then correspond with the applicant, noting:

(1)

The approval or disapproval of the site plan;

(2)

Any changes required on the site plan prior to approval; or

(3)

Additional information that is required and pertinent to the site plan as soon as possible or within forty-five (45) days from the date of site plan submittal except under abnormal circumstances.

N.

Time of Validity of Approved Site Plans

(1)

An approved site plan for rezoning shall become null and void if the rezoning application is denied by the planning commission or the board of mayor and aldermen as provided in the amendments section of this ordinance.

(2)

In accordance with Tennessee Code Annotated, § 13-3-413, an approved construction site plan is valid for a period of three (3) years from the date of submission. If site preparation is pursued with reasonable diligence during that three (3) year period, the expiration of the approved construction site plan will automatically extend an additional two (2) years.

(3)

Construction or development may begin upon approval of a major site plan for construction by the payment of site plan fees and acquisition of construction permits.

O.

Minor Adjustment of Site Plans

After a site plan has been approved, minor adjustments to the site plan, which comply with the spirit of this section and the Springfield Zoning Ordinance, with the intent of the approving bodies in their approval of site plans, and with the general purpose of the master plan for development of the area, may be approved by the Director of Community Development and Planning with concurrence of the reviewing authorities. Deviation from an approved site plan without the written approval of the Director of Community Development and Planning shall require the applicant to resubmit a new site plan for consideration.

P.

Use and Occupancy Permit Required

No building or addition thereto, constructed after the effective date of this ordinance, and no addition to a previously existing building shall be occupied, and no land shall be used for any purpose, until a use and occupancy permit has been issued by the office of the Community Development Director. No change in a use other than that of a permitted use shall be made until a use and occupancy permit has been issued by the Community Development Director.

Q.

Application for Use and Occupancy Permit

Every application for a zoning permit shall be deemed to be an application for a use and occupancy permit. Every application for a use and occupancy permits for a new use of land where no zoning permit is required shall be made directly to the office of the Community Development Director.

R.

Issuance of Use and Occupancy Permit

The following shall apply in the issuance of any use an occupancy permit:

(1)

Permits not to be Issued

No use and occupancy permit shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with the provisions of this ordinance.

(2)

Permits for New Use of Land

No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use or activity of a different class or type, unless a use and occupancy permit is first obtained for the new or different use.

(3)

Uses and Occupancy Permits for Existing Buildings

Use and occupancy permits may be issued for existing buildings, structures or parts thereof, or existing uses of land, if, after inspection, it is found that such buildings, structures or parts thereof, or such use of land, are in conformity with the provisions of this ordinance.

(4)

Temporary Use and Occupancy Permits

Nothing in this ordinance shall prevent the issuance of a temporary use and occupancy permit for a portion of a building or structure in process of erection or alternation, provided that such temporary permit shall not be effective for a time period in excess of six (6) months, and provided further that such portion of the building, structure, or premises is in conformity with the provisions of this ordinance.

(5)

Permits for Dwelling Accessory Buildings

Buildings accessory to dwellings shall not require separate use and occupancy permits but may be included in the use and occupancy permits for the dwelling when shown on the plot plan and when completed at the same time as such dwelling.

S.

Records of Use and Occupancy Permits

A record of all use and occupancy permits issued shall be kept on file in the office of the Community Development Director, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

T.

Final Inspection

No use and occupancy permit for a building, structure or an addition thereto, constructed after the effective date of this ordinance, shall be issued until construction has been completed and the premises inspected and certified by the office of the Community Development Director to be in conformity with the plans and specifications upon which the zoning permit was based and with the applicable performance standards established by Chapter A-11.

(Ord. No. 25-32, § 3(Exh. C), 11-18-2025)

A.

Reserved

B.

Creation of the Board of Zoning Appeals—Membership and Appointment

A board of zoning appeals is hereby established, which is referred to in this ordinance, as the "Board" or "Board of Appeals." The board of appeals shall have jurisdiction within the corporate limits of the city and shall consist of five (5) members, all of whom shall be bona fide residents of the city at the time of their appointment and who shall continue to reside within the city as long as they serve. At least one (1) of the members shall be a member of the Springfield Regional Planning Commission. All members of such board shall be nominated by members of the Board of Mayor and Aldermen and confirmed by majority vote of said Board.

C.

Term of Office of Board Members, Removal and Vacancies

The members of the municipal board shall serve for a four-year term, or until their respective successors are appointed and qualified, except that the board members first appointed shall serve respectively for the following terms: one for one (1) year, one for two (2) years, one for three (3) years and two for four (4) years. All terms shall begin January 1, and shall terminate on December 31. All members of the board may be removed from membership on the board for continued absence or just cause by the Board of Mayor and Aldermen. Any member being so removed shall be provided, upon his request, a public hearing upon the removal decision. Vacancies of said board shall be filled for the unexpired term of those members whose position has become vacant in the manner provided herein for the appointment of such member.

D.

Powers of the Board

The board is hereby vested with the powers to:

(1)

Hear and decide appeals from any order, requirement, decision, or determination made by the Community Development Director in carrying out the enforcement of this ordinance, whereby it is alleged in writing that the Community Development Director is in error or has acted in an arbitrary manner;

(2)

Hear and act upon application for variances in accordance with Section A-1305 of this chapter to alleviate hardships by virtue of the inability of the landowner to comply strictly with the provisions of this ordinance by reasons of unique shape, topography, or physical features of the zone lot;

(3)

Hear and act upon applications for conditional use permits in the manner and subject to the standards set out in Section A-1306 of this chapter;

(4)

Hear and decide all matters referred to it on which it is required to act under this ordinance.

E.

Election of Officers

The board shall elect from its members its own chairman, vice-chairman, and secretary who shall serve for one (1) year and may upon election serve succeeding terms.

F.

Conflict of Interest

Any members of the board who shall have direct or an indirect interest in any property which is the subject matter of or affected by, a decision of the board shall be disqualified from participating in the discussion, decision, and proceedings of the board in connection therewith. The burden for revealing any such conflict rests with individual members of the board. Failure to reveal any such conflict shall constitute grounds for immediate removal from the board for cause.

G.

Meetings of the Board

Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and proper public notice of such meetings shall be given.

H.

Rules and Proceedings of the Board

The board shall adopt rules for the conduct of its meetings. Such rules shall at the minimum require that:

(1)

The presence of three (3) members of the municipal board shall constitute a quorum. The concurring vote of a majority of the quorum present shall be necessary to deny or grant any application before the board;

(2)

No action shall be taken by the board on any case until after a public hearing and notice thereof. Said notice of public hearing shall be a legal notice published in a newspaper of general circulation at least ten (10) days before the date set for a public hearing. No appeal shall be considered and heard by the board unless such appeal shall have been filed at least fifteen (15) days prior to the meeting at which it is to be heard;

(3)

The board may call upon any other office or agency of the city government for information in the performance of its duties and it shall be the duty of such other agencies to render such information to the board as may be reasonably required;

(4)

The planning commission shall be permitted to submit an advisory opinion on any matter before the board and such opinion shall be made part of the record of such public hearing;

(5)

Any officer, agency, or department of the city or other aggrieved party may appeal any decision of the board to a court of competent jurisdiction as provided for by state law;

(6)

In any decision made by the board on a variance the board shall:

(a)

Indicate the specific section of this ordinance under which the variance is being considered, and shall state its findings beyond such generalities as "in the interest of public health, safety and general welfare";

(b)

In cases pertaining to hardship, specifically identify the hardship warranting such action by the board;

(c)

Any decision made by the board on a conditional use permit shall indicate the specific section of this ordinance under which the permit is being considered and shall state its findings beyond such generalities as "in the interest of public health, safety and general welfare," and shall state clearly the specific conditions imposed in granting such permit;

(d)

Appeals will be assigned for hearing in the order in which they appear on the calendar thereof, except that appeals may be advanced for hearing by order of the board, good and sufficient cause being shown;

(e)

At the public hearing of the case before the board, the appellant shall appear in his own behalf or be represented by counsel or agent. The appellant's side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure, each side shall proceed without interruption from the other.

I.

Stay of Proceedings

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Community Development Director certified to the board, after such notice of appeal shall have been filed, that by reason of facts stated in the certificate such stay would cause imminent peril to life or property. In such instance the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of competent jurisdiction on application, on notice to the Community Development Director, and on due cause shown.

J.

Liability of Board Members, Community Development Director and Employees

Any board member, Community Development Director, or other employee charged with the enforcement of this ordinance, acting for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability and shall be held harmless by the city of any damage that may accrue to persons or property as the result of any act required or permitted in the proper discharge of their duties. Any suit brought against any board member, Community Development Director or employee charged with the enforcement of any provision of this ordinance shall be defended by legal representative furnished by the city until the final termination of such proceedings.

K.

Right to Entry Upon Land

The board, its members, and employees, in the performance of its work, may enter upon any land within its jurisdiction and make examinations and surveys and place or remove public notices as required by this ordinance.

The board of zoning appeals may grant variances where it makes findings of fact based upon the standards prescribed in this chapter.

A.

Application for Variances, Notice of Hearing, Fee

A written application for a variance shall be filed with the board by the property owner or his designated agent on forms provided by the board or by letter, and the application shall contain information and exhibits as may be required under Section A-1303.B.(2). No more than sixty (60) days after the filing of the application, a hearing shall be held on the application, unless otherwise withdrawn or postponed by written request by the applicant. Notice of hearing shall be in accordance with Section A-1304.G. A fee established by the Board of Mayor and Aldermen by separate ordinance, payable to the City shall be charged to cover review and processing of each application for a variance, except that the fee shall be waived for a governmental agency.

B.

Notice to Affected Property Owners

It shall be the general rule of the board that reasonable efforts shall be made to contact and notify interested parties, who in the opinion of the board, may be affected by any matter brought before the board. In all cases all owners of record of adjoining property, including those separated by a public way from the premises in question shall be notified.

C.

Standards for Variances

The board shall not grant a variance unless it makes findings based upon evidence presented to it as follows:

(1)

The particular physical surroundings, shape, topographic conditions of the specific property involved that would result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this ordinance were carried out must be stated;

(2)

The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same district;

(3)

The variance will not authorize activities in a zone district other than those permitted by this ordinance;

(4)

Financial returns only shall not be considered as a basis for granting a variance;

(5)

The alleged difficulty or hardship has not been created by any person having an interest in the property after the effective date of this ordinance;

(6)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same districts;

(7)

The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure;

(8)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the area in which the property is located; and

(9)

The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area.

D.

Non-Conformity Does Not Constitute Grounds for Granting of a Variance

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

E.

Prohibition of Use Variances

Under no circumstances shall the board of appeals grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

F.

Conditions and Restrictions by the Board

The board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the provisions set out in Subsection (C) above to reduce or minimize the injurious effect to such variation upon surrounding property and better carry out the general intent of this ordinance. The board may establish expiration dates as a condition or as a part of the variances.

G.

Board has Powers of Administrative Official on Appeals; Reversing Decision of Administrative Official

In exercising its powers, the board of appeals may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

H.

Variance Appeals

Any person including any agency of the city government aggrieved by a decision of the board on a variance may appeal by certiorari to a court of competent jurisdiction. The judgment and findings of the board on all questions of fact that may be involved in any appeal, cause, hearing or proceeding under this chapter shall be final and subject to review only for illegality or want of jurisdiction.

A.

Conditional Uses

The board of appeals may hear and decide, in accordance with the provisions of this ordinance, requests for conditional use permits. For the purposes of administration of this ordinance, conditional uses shall be construed as synonymous with special exceptions, as controlled by Tennessee Code Annotated §§ 13-7-109 and 13-7-207.

B.

Application for Conditional Use Permit, Notice of Public Hearing

The application for a conditional use permit shall be made by the property owner or his designated agent and filed in writing with the board on forms provided by the board and shall contain information and exhibits as may be required under Section A-1303(B) or in the case of buildings or other structures or uses to be located within floodplain districts, as may be required by Chapter A-9. Not more than sixty (60) days after filing such application, a hearing shall be held on the application, unless otherwise withdrawn or postponed upon written request by the applicant. Notice of hearing shall be held in accordance with Section A-1304(H)(2). A fee established by the Board of Mayor and Aldermen by separate ordinance, payable to the City shall be charged to defray cost of review and processing for each application for a conditional use permit, except that the fee may be waived for any government agency.

C.

Requirements for Conditional Use Permit

General requirements are hereby established which shall apply to all applications for conditional use permits, and specific standards listed shall apply to the issuance of a conditional use permit as appropriate. The board may impose such other conditions and restrictions upon the premises benefited by a conditional use permit as may be necessary to comply with the provisions set out hereafter in this section in order to reduce or minimize the injurious effect of such conditional use upon and ensure compatibility with surrounding property and to better carry out the general intent of this ordinance. The board may establish expiration dates for the expiration of any conditional use permit as a condition of approval. A permit may not be transferred to another owner or type of use without a rehearing before the board.

D.

General Requirements

A conditional use permit shall be granted provided the board makes specific findings that it:

(1)

Is so designed, located, and proposed to be operated so that the public health, safety and welfare will be protected;

(2)

Will not adversely affect other property in the area in which it is located;

(3)

Is within the provisions of "Conditional Uses" as set forth in this ordinance; and

(4)

Conforms to all applicable provisions of this ordinance for the district in which it is to be located and is necessary for public convenience in that location and meets the specific standards below.

E.

Specific Standards for Community Facility Activities

In addition to the requirements of the applicable district and the general requirements set forth above, a conditional use permit shall be granted for the community facility activities specified below only when the standards established are met as part of the condition for issuing the permit in the applicable zone districts.

(1)

Special Conditions for Administrative Services

(a)

There must be a demonstrated need for such activities to serve the neighborhood or the total community.

(b)

All lot, yard, and bulk regulations of the zone district shall apply.

(c)

Appropriate off-street parking requirements shall apply.

(d)

Fencing, screening, and landscaping shall be provided as appropriate to protect surrounding properties and reduce any potential adverse impact.

(e)

The site and architectural plans shall be approved by the planning commission.

(2)

Day Care Facilities

(a)

For purposes of this ordinance, day care facilities are classified into two (2) types as defined below:

Day Care Home - Includes day care in an occupied residence of not more than seven (7) children including children living in the home.

Day Care Center - Includes day care for more than seven (7) preteen age children in any kind of building.

(b)

Day Care Home

(i)

The required lot size, yard, and bulk regulations of the district shall apply. No variances shall be permitted for lots on which such use is to be located.

(ii)

All public utilities and sanitary sewers shall be available and connected to the site unless the site is over one (1) acre in size. The Fire Department shall approve the facility for safety.

(iii)

All requirements of the State of Tennessee that pertain to the use shall be met.

(iv)

An outdoor play area of at least two hundred (200) square feet per child in size shall be available and shall be fenced.

(v)

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

(vi)

Fencing, screening, and landscaping shall be provided as appropriate to protect the surrounding area.

(vii)

A site plan shall be submitted in conjunction with the application for a conditional use permit.

(c)

Day Care Center

(i)

No such facility shall be permitted on a zone lot in a residential district unless such lot contains twice the lot area requirements of the districts.

(ii)

No such facility shall be located on a minor residential street. Locations shall be limited to collector or arterial streets specified on the official major thoroughfare plan.

(iii)

In commercial districts the side and rear yard requirements of the closest adjoining residential district shall apply.

(iv)

A fenced outdoor play area shall be provided of at least two hundred (200) square feet per child or two thousand (2,000) square feet whichever is greater.

(v)

All bulk and space regulations of the district shall be met.

(vi)

Special passenger loading and unloading facilities shall be provided on the same zone lot for vehicles to pick-up or deliver children. Such facilities shall provide for driveways that do not require any back-up vehicle movements to enter or exit the zone lot.

(vii)

One (1) accessory off-street parking space for each five (5) children accommodated shall be provided.

(viii)

All public utilities and sanitary sewers shall be available at the site and connected.

(ix)

All regulations of the State of Tennessee that pertain to the use shall be met.

(x)

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

(xi)

Fencing, screening, and landscaping shall be provided as appropriate to protect the surrounding area as well as the facility.

(xii)

A site plan shall be submitted in conjunction with the application for a conditional use permit.

(3)

Special Conditions for All Other Personal and Group Care Activities

(a)

No such facility shall be permitted on a zone lot unless it contains a minimum of ten thousand (10,000) square feet, or twice the lot area requirements of the zone district whichever is greater.

(b)

All bulk regulations of the district shall be met.

(c)

The requirements of the accessory off-street parking regulations of this ordinance shall apply.

(d)

All regulations of the State of Tennessee shall be met.

(e)

All public utilities and sewage disposal shall be available and connected to the site, and the site and architectural plans for such a facility be approved by the planning commission taking into account the above conditions as well as any other pertinent factors.

(4)

Special Conditions for Community Assembly

(a)

No such facility shall be permitted on a zone lot unless it contains twice the lot area requirements of the districts; provided, however, that if such community assembly includes outdoor activities the minimum lot area shall be four (4) acres.

(b)

All bulk regulations of the zone district shall apply.

(c)

Off-street parking:

(i)

For non-profit clubs, lodges, meeting halls and recreation centers, one (1) space for each four (4) seats in an assembly area within the facility, or one (1) space for each seventy-five (75) square feet of gross floor area, whichever is greater, shall be provided.

(ii)

For temporary non-profit festivals, the required number of off-street parking spaces shall be determined by the board, taking into account the traffic generation of such facility, the hours of other such factors as affect the need for off-street parking.

(d)

Except for temporary non-profit festivals, fencing, screening and landscaping shall be provided as appropriate for such facility, except that no landscaped screen shall be located closer than fifteen (15) feet of any vehicular entrance or exit to the property.

(e)

The location and operation of such community assembly facility shall be in keeping with the character of the surrounding area and shall not adversely affect the properties within the surrounding area.

(f)

All public utilities and sewage disposal shall be available to the site and connected.

(g)

Except for temporary non-profit festivals, the site and/or architectural plans shall first be approved by the planning commission taking into account the above conditions.

(5)

Special Conditions for Cultural and Recreational Services

(a)

No such activity shall be permitted on a zone lot unless it contains twice the lot area requirements of the zone district.

(b)

All bulk regulations of the zone district shall apply.

(c)

The off-street parking requirements of this ordinance shall apply.

(d)

Fencing, screening, landscaping shall be provided as appropriate to protect the surrounding area and shall not have an adverse effect on properties within the surrounding area.

(e)

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

(f)

The site and architectural plans shall be approved by the planning commission taking into account the above conditions.

(6)

Special Conditions for Community Education

(a)

No such facility shall be permitted on a zone lot unless such lot contains the lot acreage recommended for such facilities by the appropriate state agency.

(b)

The traffic generated by such facility shall be safely accommodated along the streets, which will provide access to the site.

(c)

The location and design of such facilities shall not have an adverse effect upon surrounding properties.

(d)

The off-street parking requirements of this ordinance shall apply.

(7)

Special Conditions for Health Care

(a)

Minimum Lot Area

(i)

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

(ii)

No hospitals, or centers for observation or rehabilitation shall be permitted on a zone lot unless it contains a minimum of five (5) acres.

(b)

Hospitals, Centers for Observation or Rehabilitation. The minimum side and rear yards for hospitals and centers for observation or rehabilitation shall be fifty (50) feet for a one- or two-story building, increased by five (5) feet for each story above two (2).

(c)

All other regulations of the zone district shall apply.

(d)

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

(e)

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

(f)

All public utilities and sewage disposal shall be available to the site and connected.

(g)

The site and/or architectural plans shall first be approved by the planning commission taking into account the above conditions.

(h)

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

(i)

Community Facility Activities

(ii)

Commercial Activities

1)

Convenience Sales and Services

2)

Automotive Parking

3)

Food Service

4)

Medical Service

(8)

Special Conditions for Intermediate and Extensive Impact

(a)

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

(b)

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

(c)

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

(d)

The off-street parking requirements shall be determined by the board taking into account characteristics of the use.

(e)

The site plan for such facilities shall be approved by the planning commission taking into account the above conditions as well as any other pertinent factors related to the use and operation of such facility.

(9)

Special Conditions for Religious Facilities

(a)

No such facility shall be permitted on a zone lot unless it contains twice the lot area requirements of the district except those facilities proposed in an Agricultural district where the minimum district lot size shall apply.

(b)

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

(c)

Such facilities shall be located only on major or collector streets as shown on the official major thoroughfare plan.

(d)

All bulk regulations of the district shall be met.

(e)

The off-street parking requirements of this ordinance shall apply.

F.

Specific Standards for Commercial Activities

A conditional use permit shall not be granted for the commercial activities specified below unless the standards established therein are met as a part of the conditions for issuing such permit in the applicable districts.

(1)

Special Conditions for Group Assembly Activities

(a)

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

(b)

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

(c)

The off-street parking requirements shall be based on the type of use and the needs of the use to adequately accommodate the expected groups of people.

(d)

The site plan for such facilities shall be approved by the planning commission taking into account the above conditions as well as any other pertinent factors related to the use and operation of such facilities.

(2)

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

(a)

The minimum size site shall be twenty-five (25) acres;

(b)

The minimum setback of all structures from all public roads shall be one hundred (100) feet;

(c)

Such facility shall be situated so that no residential use is located closer than five hundred (500) feet from building entrance of the principal use at the time of approval;

(d)

Access to such facility shall be by a paved public road and such road shall be either a major arterial or major collector. Traffic shall not be directed through residential subdivisions or on minor residential streets;

(e)

Off-street parking shall be provided at a minimum of one (1) space for each four (4) patrons or seats. For those facilities which are not utilized on a regular and frequent basis, parking may be provided on adjacent parcels of land provided further that any parcel so used is located no more than five hundred (500) feet from the lot boundary;

(f)

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

(g)

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

(h)

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

(3)

When an application for a Group Assembly permit includes a private campground, the following standards shall be met:

(a)

Such campground shall have on-site management;

(b)

The campground may include convenience commercial establishments such as camp stores, laundry facilities, and personal services; provided that such convenience establishments are subordinate to the recreational character of the campground; are located, designed, and intended to serve exclusively the patrons staying in the campground; and such establishments and their parking areas shall not occupy more than ten percent (10%) of the area of the park or one (1) acre whichever is smaller;

(c)

Such campground shall meet the following standards:

(i)

Minimum size — ten (10) acres

(ii)

Maximum density — ten (10) campsites per gross acre

(iii)

Sanitary facilities, including flush toilets and showers — within three hundred (300) feet walking distance of each campsite

(iv)

Potable water supply — one (1) spigot for each four (4) campsites

(v)

Trash receptacle — one (1) for each two (2) campsites

(vi)

Parking — one (1) space per campsite

(vii)

Picnic table — one (1) per campsite

(viii)

Fireplace or grill — one (1) per campsite

(ix)

Administration or safety building — open at all times wherein a portable fire extinguisher in operable condition and first aid kit is available, and a telephone is available for public use.

(d)

Such campground shall meet the following design requirements:

(i)

A vegetation screen or ornamental fence which will substantially screen the campsites from view of public rights-of-way and neighboring properties shall be provided around or near the perimeter or that part of the campground containing campsites. Such vegetation or fence shall be maintained in good condition at all times.

(ii)

Each campground shall reserve at least twenty-five percent (25%) of its total area as natural open space excluding perimeter screening. Such open space may include recreation and water areas, but may not include utility areas, administration buildings, commercial areas or similar activities.

(iii)

Each campsite shall have a minimum setback of twenty-five (25) feet from any exterior boundary line.

(iv)

Each campsite and all other buildings shall have a minimum setback from any public road of fifty (50) feet.

(v)

Each separate campsite shall contain a minimum of three thousand two hundred (3,200) square feet. (A campsite shall be considered to consist of trailer or tent space, parking space, picnic table, fireplace, and one-half (½) the road-way providing access.)

(vi)

Each campsite shall be directly accessible by an interior road.

(vii)

All interior roads shall be a minimum of ten (10) feet wide for one-way traffic and eighteen (18) feet wide for two-way traffic.

(viii)

All interior roads shall meet the following curve requirements:

Minimum radius for a 90 degrees turn — 40 feet

Minimum radius for a 60 degrees turn — 50 feet

Minimum radius for a 45 degrees turn — 68 feet

(ix)

No camping vehicle or camping equipment shall be used for human habitation for a period exceeding thirty (30) consecutive days.

(x)

Each campground shall provide a trailer dump station for the disposal of holding tank sewage.

(4)

Special Conditions for Mini-warehouses

(a)

Commercial or Industrial Storage shall be limited to less than fifty percent (50%) of the square footage of all storage area.

(b)

No hazardous materials shall be allowed in any storage units.

(c)

Recreational vehicles, boats and all operational vehicles may be stored outside in designated areas only. All other storage must be within enclosed structures.

(d)

All lights shall be shielded to direct light onto the established uses and away from all adjacent properties.

(e)

No activities such as miscellaneous or garage sales shall be conducted on the premises. The servicing or repair of motor vehicles, boats, lawn mowers and other similar equipment shall not be conducted on the premises.

(5)

Special Conditions for Adult Oriented Establishments

(a)

In development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to ensure that theses adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Uses subject to these controls include those, which are defined as adult oriented establishments. Adult oriented establishments which are sexually explicit and cater to exclusively or predominantly adult clientele and including, but not limited to, adult bookstores, adult theaters, adult motion picture theaters, cabarets, escort services and other enterprises which regularly feature materials, acts or displays involving the display of the human form wholly or partially clothed, static or animated, may be permitted with the approval of the Planning Commission as conditional uses, provided:

(i)

The property line of such establishment shall not be located closer than one thousand five hundred (1,500) feet from the boundary of any residentially zoned district.

(ii)

The property line of such establishment shall not be located closer than one thousand five hundred (1,500) feet from any school, educational facility, church or place of worship, day-care center, nursing home, library, park, cemetery, mortuary or hospital.

(iii)

The property line of such establishment shall not be located closer than one thousand five hundred (1,500) feet from the site of any public amusement or entertainment activity, public gathering places, including, but not limited to, any area devoted to public recreation activity, city hall, city parks, post office, courthouse, arcades, motion picture theaters, bowling alleys, golf courses, miniature golf, playgrounds, ice-skating or roller-skating rinks or arenas, community centers, and similar amusements offered to the general public.

(iv)

Such establishment's property line shall not be located closer than one thousand five hundred (1,500) feet from any other adult oriented business site.

NOTE: Measurement of said distances mentioned above shall be made in a straight line from the property line of such establishment without regard to intervening structures or objects to the nearest property or lot line of the above-mentioned land uses or activities.

(v)

All access to and from the adult oriented establishment shall be provided from a street classified as a collector or arterial according to the most up-to-date and approved Springfield Major Street and Road Plan.

(vi)

The facility in which the adult oriented business is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, street or other public area. The Planning Commission may require opaque screening around the establishment including, but not limited to, evergreen shrubbery or masonry or wooden fencing.

(vii)

No adult entertainment activity shall take place partially or totally outside the adult oriented establishment.

(viii)

The facility in which such a use is located shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building. Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from any pedestrian, sidewalk, walkway, street or other public area. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.

(ix)

Each application for a conditional use permit shall require the submission site plan. The site plan shall include, as a minimum, the following information:

1)

The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger.

2)

The site plan shall delineate the shape, location and dimensions of the property lines of the proposed project, and shall indicate the zoning and present use of abutting properties.

3)

The site plan shall delineate existing rights-of-way and easements.

4)

The site plan shall delineate the general location and width of all proposed streets and public rights-of-way, such as alleys, pedestrian ways and easements.

5)

The site plan shall delineate the proposed building layout with the required front, side and rear building setbacks.

6)

The site plan shall characterize the proposed usage of the building and description of the proposed use by type, character and intensity.

7)

The site plan shall delineate the location, number of parking spaces and the proposed parking and loading ratio and its location and requirements in accordance with zoning ordinances, to include a plot plan showing design and layout of such parking facilities.

8)

The site plan shall delineate all points of access and egress.

9)

The site plan shall present in tabular form the proposed net density of the use provided the number of seats, employees or other applicable unit of measure.

10)

The site plan shall delineate the gross floor area of the building or structure, ground cover and building heights.

11)

The site plan shall detail the proposed stages of construction for all land in development and improvements and location of all buildings or other structures to be erected, altered or moved.

12)

The site plan shall describe the landscaping to be provided.

13)

The site plan shall delineate the proposed architectural details of the facility.

14)

The site plan shall indicate all signs in accordance with this ordinance.

15)

The site plan shall show all topographic features) contours not greater than five-foot intervals).

16)

The site plan shall indicate proposed means of surface drainage and all areas subject to flooding.

17)

The site plan shall set forth any other information necessary for the determination of the suitability of the proposed use for the site.

18)

The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this ordinance.

(x)

Enforcement - The Codes Enforcement Officer or other designated agent of the City Manager shall administer and enforce this ordinance. The Codes Enforcement Officer or other designated agent has the right to enter upon any premises necessary to carry out his duties in the administration and enforcement of this ordinance.

1)

Certificate of Zoning Compliance - It shall be unlawful to commence the excavation for the construction of any adult oriented establishment herein defined until a certificate of zoning compliance has been issued by the Codes Enforcement Officer.

2)

Certificate of Occupancy - No land or building or part thereof, hereafter erected or altered in its use, shall be occupied by an adult oriented establishment until a certificate of occupancy has been issued by a City of Springfield Building Inspector.

3)

Penalties - Any person, partnership or corporation, or any other type of organization where two (2) or more persons have a financial interest, who is found to have violated this section:

(i)

Shall be fined a definite sum not exceeding the maximum fine for the violation of any Springfield municipal ordinance; such violation shall be grounds for the suspension or revocation of any license.

(ii)

Each violation of this part shall be considered a separate offense, and any violation continuing more than twenty-four (24) hours shall be considered a separate offense for each day of violation.

4)

Remedies - In case any building or structure is proposed to be erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is or proposed to be used in violation of this ordinance, the City Manager, Codes Enforcement Officer, Board of Mayor and Aldermen, Planning Commission, Board of Zoning Appeals, or other appropriate authority of the City, or any adjacent or neighboring property owner who would be specially damaged by such violation, may, in addition to other remedies, institute an injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure or land in relation to this ordinance.

5)

Nonconforming uses - Any adult-oriented business lawfully operating prior to the adoption of this ordinance shall be deemed nonconforming, that is in violation of any portion of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period of one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two (2) or more adult-oriented business are within one thousand five hundred (1,500) feet of one another and otherwise in a permissible location, the adult-oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.

An adult-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of renewal of the adult-oriented business license, of a church, school, public recreation facility, residential zone or residential lot, or day care facility within one thousand five hundred (1,500) feet of the adult-oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for the license is submitted after a license has expired or has been revoked.

6)

Validity - Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.

(6)

Special conditions for extended stay hotels or motels. An extended stay hotel or motel shall comply with the following conditions:

(a)

Such facility shall not exceed three (3) stories in height and shall have no more than twenty (20) rooms for each acre of land.

(b)

Such facility shall include a twenty-four (24) hour daily attendant at the front desk.

(c)

Each room must have daily housekeeping service.

(d)

Guest rooms shall be limited to two (2) persons per room.

(e)

Each guest room shall have a minimum of three hundred twenty-five (325) square feet per room.

(f)

The maximum length of stay per guest room shall be one (1) month.

G.

Specific Standards for Agricultural and Extractive Activities

A conditional use permit shall not be granted for the agricultural and extractive activity specified below unless the standards established therein are met as a part of the conditions for issuing such permit in the applicable zone districts.

(1)

Special Conditions for Mining and Quarrying Activity

(a)

The location of such an activity shall be in an area sparsely developed during the length of time the mining or quarrying activity is anticipated;

(b)

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

(i)

Existing contours of the site and up to one hundred (100) feet beyond the site boundary. Contours intervals shall be at two-foot intervals.

(ii)

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

(iii)

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

(iv)

Proposed method of drainage of the quarry area.

(v)

Proposed fencing of the quarry area. Fencing shall be provided around all open excavations.

(vi)

Methods proposed for blasting. Open blasting commonly referred to, as "pop shots" shall be prohibited.

(vii)

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

(viii)

Finished contours of the site after the quarrying operation has been terminated. The site shall be graded and/or filled so as to be in substantial conformity with the topography of the surrounding lands. All fill material shall be non-toxic, non-flammable, and non-combustible solids. All areas that are back-filled shall be left so that adequate drainage is provided.

(c)

Approval for Mining and Quarrying Activity may also include accessory Concrete Batching Plants, Asphaltic Cement Mixing Plants and/or Rock Crushing activities on the same zone lot or adjoining zone lots, which may have directly opposing frontages on the same public street. If such accessory activities are included on the quarry site, the total site must meet all the special condition requirements for mining and quarrying activities; however, in conditions of multiple zone lots, the outer perimeter of the site shall be considered the lot line.

(d)

Before issuing a permit, the board shall require the owner of the quarry facility to execute a bond not less than one thousand dollars ($1,000.00) or more than two thousand dollars ($2,000.00) per acre of active quarry throughout a five-year period to restore the lands in the manner prescribed herein, including the removal of all structures and machinery.

(e)

Any permit issued hereunder shall not be for a period exceeding five (5) years. After the expiration date of such special permit, the board may review and grant an extension of time in the manner and procedure as prescribed for an original application, and

(f)

The site plan is first approved by the planning commission taking into account the above conditions as well as any other factors related to the use and operation of such facilities.

(2)

Special Conditions for Commercial Storage of Explosives

(a)

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

(b)

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

(c)

All regulations of the State Fire Marshal and the Springfield Fire Department relating to the storage of explosives shall be met.

(d)

Any special permit issued hereunder shall be for a period not exceeding five (5) years. After the expiration date of such special permit, the board may review and grant an extension of time in the same manner and procedure as prescribed for an original application.

(e)

The site plan is first approved by the planning commission taking into account the above conditions as well as any other factors related to the use and operation of such facilities.

H.

Specific Standards for Limited Manufacturing

A conditional use permit shall not be granted unless the following standards are met.

(1)

The activity takes place completely in enclosed buildings with no outdoor storage of materials or finished products.

(2)

Truck traffic associated with the activity is limited and truck traffic shall only access and exit the property from a major thoroughfare or a non-residential public street which connects to a major thoroughfare road that includes sufficient roadway capacity for the proposed activity. Facility contains an area reserved for off-site loading to prevent vehicles from blocking traffic flow on adjacent streets.

(3)

Strict compliance with all performance standards of the CS, Commercial Services District.

(4)

Existing building facilities less than fifty thousand (50,000) square feet in area which have limited reuse potential due to limited parking, building design and orientation, and lack of available property for site improvements and building expansions.

(5)

New building facilities less than ten thousand (10,000) square feet in area with the manufacturing activities serving as an accessory use of a general retail trade activity.

I.

Specific Standards for Intermediate Manufacturing Activities

A conditional use permit shall not be granted unless the standards below are met:

(1)

The activity takes place in completely enclosed buildings with no outdoor storage of materials or finished products.

(2)

Access for heavy trucks and employees is from a major thoroughfare or industrial access road from a major thoroughfare with residential streets unaffected.

(3)

Strict compliance with all performance standards is certified.

J.

Specific Standards for Residential Activities

A conditional use permit shall not be granted for the residential activities specified below unless the standards established therein are met as a part of the conditions for issuing such permit in the applicable zone districts.

(1)

Special Conditions for Multi-family Dwelling

In addition to the standards contained in Chapter A-8 for these type developments, the board of appeals shall specifically find that there will be no adverse impact upon adjoining properties or the neighborhood in which such use is proposed. In making this finding, the board shall consider the effect upon traffic congestion, overcrowding of schools, availability of necessary public utilities, and character of adjoining structures, and suitability of the site for the use and such other factors as the board may deem necessary.

(2)

Special Conditions for Mobile Home Dwellings

(a)

Mobile homes may be placed on a zone lot provided that:

(i)

The mobile home is anchored in at least four (4) points;

(ii)

The area beneath the mobile home is enclosed by appropriate skirting material or set upon a block foundation;

(iii)

Foundation plant materials are suitably located in character with all other houses in the area;

(iv)

The lot is appropriate for such use and has a lot width of one hundred (100) feet.

Editor's note— The adoption of Ordinance No. 96-33 changes this requirement. See MH District requirements.

(b)

A mobile home may not be located on the same zone lot with a house or another mobile home.

(3)

Special Conditions for Other Residential Activity Types

In addition to the standards contained in Chapter A-8 for these residential activities the board shall determine the lot proposed to be used is appropriate for the activity type. In making this finding, the board shall consider the individual lot and building configuration, character of adjoining or nearby structures, potential adverse impacts, and other factors the board may deem necessary.

K.

Specific Standards for Floodway and Flood-fringe Districts

A conditional use permit shall not be granted for any use requiring such a permit until the board of appeals has:

(1)

Reviewed the contents of the plan required by Section A-904;

(2)

Made such determinations as required by Section A-906 where necessary;

(3)

Considered all relevant factors specified below; and

(4)

Attached such conditions, as it deems necessary for the protection of the public health, safety and welfare.

(a)

Factors upon Which the Decision of the Board shall be Based:

In its review of any conditional use proposed for location within any area subject to flood, the board shall consider all relevant factors specified in Chapter A-9 of this ordinance, and;

(i)

The danger to life and property due to increased flood heights or velocities caused by encroachments.

(ii)

The danger that materials may be swept on to other lands or downstream to the injury of others.

(iii)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(iv)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

(v)

The importance of the services provided by the proposed facility to the community.

(vi)

The requirements of the facility for a waterfront location.

(vii)

The availability of alternative locations not subject to flooding for the proposed use.

(viii)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(ix)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(x)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(xi)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwater expected at the site.

(xii)

Such other factors which are relevant to the purposes of this ordinance.

(b)

Conditions Attached to Conditional Uses Within Areas Subject to Flood:

Upon consideration of any conditional use proposed for location within any area subject to flood, the board may attach such conditions to the granting of such use, as it deems necessary to further the purposes of this ordinance. Among such conditions, without limitations because of specific enumeration, may be included:

(i)

Modification of waste disposal and water supply facilities.

(ii)

Limitations of periods of use and operation.

(iii)

Imposition of operations controls, sureties, and deed restrictions.

(iv)

Requirements for construction of channel modifications, dikes, levees, and other protective measures.

(v)

Flood proofing measures such as those set forth in Chapter A-9.

L.

Conditional Use Permit Appeals

Any person or agency of the city government may appeal to a court of competent jurisdiction from the Board's decision as provided under statutes of the State of Tennessee. The judgment and findings of the board on all questions of fact that may be involved in any appeal, cause, hearing or proceeding under this chapter shall be final, and subject to review only for illegality or want of jurisdiction.

(Ord. No. 96-33)

A.

General

The Board of Mayor and Aldermen may, from time to time, amend this ordinance by changing the boundaries of districts or by changing any other provisions whenever they find the public necessity, convenience, and general welfare require such amendment.

B.

Initiation of Amendment

Amendments may be initiated by the Board of Mayor and Aldermen, the planning commission or by an application of one (1) or more owners of property affected by the proposed amendment.

C.

Application for Amendment—Fee

An application by an individual for an amendment shall be accompanied by a fee established by the Board of Mayor and Aldermen by separate ordinance, payable to the City, and shall also be accompanied by maps, drawings, and data necessary to demonstrate that the proposed amendment is in general conformance with the general plan of the area and that public necessity, convenience, and general welfare, require the adoption of the proposed amendment. An accurate legal description and scale drawing of the land and existing buildings shall be submitted with application.

D.

Review and Recommendations by the Planning Commission

The planning commission shall review and make recommendations to the Board of Mayor and Aldermen on all proposed amendments to this ordinance.

E.

Grounds for an Amendment

The planning commission in its review and recommendation shall consider the following grounds for an amendment and shall note the same in the official record as follows:

(1)

The amendment is in agreement with the general plan for the area;

(2)

It has been determined that the legal purposes for which zoning exists are not contravened;

(3)

It has been determined that there will not be adverse effect upon adjoining property owners unless such adverse effect can be justified by the overwhelming public good or welfare;

(4)

It has been determined that no one property owner or small group of property owners will benefit materially from the change to the detriment of the general public.

F.

Public Hearing and Notice of Hearing

A public hearing shall be held on all proposed amendments to this ordinance prior to third reading by the Board of Mayor and Aldermen. Notice of such hearing shall be given by the City Manager or City Recorder in a newspaper of general circulation within the City at least fifteen (15) days but no more than thirty (30) days prior to the public hearing. This notice shall specify the location, current and proposed zoning classification and it may contain a graphic illustration of the area.

G.

Amendments Affecting Zoning Map

Upon enactment of an amendment to the zoning map which is part of this ordinance, the Community Development Director shall cause such amendment to be placed upon the zoning map noting thereon the ordinance number and effective date of such amendatory ordinance.

H.

Effect of Denial of Application

Whenever an application for an amendment to the text of this ordinance or for change in the zoning classification of any property is denied, the application for such amendment, shall not be eligible for reconsideration for one (1) year following such denial, except in the following cases:

(1)

Upon initiation by the Board of Mayor and Aldermen, or planning commission;

(2)

When the new application, although involving all or a portion of the same property, is for a different zoning district than that for which the original application was made;

(3)

When the previous application was denied for the reason that the proposed zoning would not conform with the general plan, and the general plan has subsequently been amended in a manner which will allow the proposed zoning.

A.

Complaints Regarding Violations

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the Community Development Director. The Community Development Director shall record properly such complaint, immediately investigate, and take action thereon as provided in this ordinance.

B.

Penalties for Violation

(1)

Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall be punished as provided for by law. Each day such violation exists shall be deemed a separate offense. Any person, firm or corporation found by the Municipal Code to have violated any provision of this ordinance shall be punished by fine of not less than two dollars ($2.00) nor more than fifty dollars ($50.00) for each separate offense and in addition shall pay all costs as may be imposed by such Court.

Note— As amended by Ordinance No. 93-23, allowing up to a five hundred dollar ($500.00) fine, in effect on November 16, 1993.

(2)

The Owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participated in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

C.

Remedies

In case any building or other structure is proposed to be erected, constructed, reconstructed, altered, extended or converted, or any building or other structure or land is or is proposed to be used in violation of this ordinance, the Community Development Director or other appropriate authority of the city government or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, conversion or use, to correct or abate such violation, or to prevent the occupancy of such building or other structure or land. Where a violation of these regulations exists with respect to a building or other structure or land, the Community Development Director may, in addition to other remedies, notify all public utilities and municipal service departments of such violation and request that initial or re-establishment of service be withheld therefrom until such time as the building or other structure or premises are no longer in violation of these regulations, and each such utility or department shall comply with such request.

(Ord. No. 93-23)