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Springfield City Zoning Code

CHAPTER A

4 - APPLICATION OF REGULATIONS, PROVISIONS AND SECTIONS

A-401.- Application.

No structure shall be constructed, erected, placed or maintained and no land use commenced or continued within the City of Springfield, Tennessee, or within the jurisdiction and area extent of the Springfield Regional Planning Jurisdiction as granted to the City of Springfield, Tennessee, except as specifically or by necessary implication, authorized by this ordinance. Conditional uses are allowed only on permits granted by the Board of Zoning Appeals upon finding that the specified conditions exist. Where a lot is devoted to a permitted principal use, customary accessory uses and structures are authorized except as prohibited specifically or by necessary implication.

A-402. - Scope of Regulations.

A.

New Uses, Lots, Buildings, or Other Structures:

(1)

Any new building or other structure or any tract of land shall be used, constructed, or development only in accordance with the use, bulk, and all other applicable provisions of this ordinance.

B.

Existing Uses, Lots, Building, or Other Structures:

(1)

Any existing use legally established prior to the effective date of the ordinance enacting this ordinance, which does not comply with the provisions of this ordinance shall be subject to the nonconforming use provisions in Chapter A-12 of this ordinance.

(2)

Any existing lot, parcel, building, or other structure legally established prior to the effective date of the ordinance enacting this ordinance, which does not comply with its provisions, other than use provisions, shall be subject to the noncomplying regulations in Chapter A-12 of this ordinance.

C.

Alteration of Existing Buildings and Other Structures:

(1)

All structural alteration or relocation of existing buildings or structures occurring after the effective date of the ordinance enacting this ordinance and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this ordinance which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

A-403. - Exceptions, Variances and Conditional Uses.

Generally. Whenever the zoning ordinance in effect at the time of adoption of the ordinance enacting this ordinance has authorized any use which is not permitted as of right by issuing a variance, exception, or permit to locate in a district, such authorization may be continued, changed, extended, enlarged, or structurally altered only as set forth in Chapter A-12.

A-404. - Renewals of Uses Where Exceptions, Variances or Conditional Uses Granted.

Where no limitation of the use was imposed at the time of authorization, such use may be continued. Where such use was authorized subject to a term of years, such use may be continued until the expiration of the term, and thereafter, the agency or similar constituted agency which originally authorized such use may, in appropriate cases, extend the period of continuance for one (1) or more terms of not more than five (5) years each. The agency may prescribe appropriate conditions and safeguards to minimize adverse effects of such uses on the character of the neighborhood.

A-405. - Change of Uses Where Exceptions, Variances, or Conditional Uses Granted.

In no event shall any use which was granted upon exception, variance, or condition, be changed, and no agency shall be empowered to permit such use to be changed, except to a conforming use or nonconforming use as provided for in Chapter A-12. For the purposes of this section, a change of use is a change to another use either under the same activity type or any other activity type or major class of activity; however, a change in occupancy or ownership shall not, by itself, constitute a change in use.

A-406. - Rules for Interpretation of District Boundaries.

A.

Rules

When uncertainty exists as to the boundaries of districts shown on the Official Zoning Map, the following shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

(2)

Boundaries indicated, as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(5)

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers canals, lakes, or other bodies of water shall be construed to follow such center lines;

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of map.

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) through (6) above, the Board of Appeals shall interpret the district boundaries.

Where a district boundary line divides a lot, which was in single ownership at the time of passage of this ordinance, the Board of Appeals may permit the extension of the regulations for either portion of the lot not to exceed five hundred (500) feet beyond the district line into the remaining portion of the lot.

A-407. - Application of District Regulations.

A.

General District Regulations

The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

(2)

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

(a)

To exceed the height or bulk,

(b)

To accommodate or house a greater number of families,

(c)

To occupy a greater percentage of lot area,

(d)

To have narrower or smaller rear yards, front yards, side yards or other open space, than herein required; or in any other manner contrary to the provisions of this ordinance.

(3)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(4)

No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.